Sex assault perjury suspect faces judge

HAMPTON, Va. (WAVY) - The woman charged with felony perjury for making up a sexual assault that landed one man in jail faced a Hampton judge Thursday.

More than four years ago, Johnathon Montgomery was convicted on a charge of sexual assault stemming from what Elizabeth Coast claimed was rape in 2000, when she was 10 and he was 14. Coast admitted last week she made up the rape and the charges against Montgomery were dropped.

Coast has been charged with felony perjury relating to the incident and is out on bond. In court Thursday, she was given a court-appointed attorney and stayed mum as reporters surrounded her as she exited the jail.

"I am not angry," Montgomery told WAVY.com earlier this week. "I am disappointed that she didn't come out with this sooner."

Due to Virginia's 21 day rule, Montgomery remained imprisoned despite his conviction getting thrown out. The American Civil Liberties Union of Virginia sent a letter to Governor Bob McDonnell and Attorney General Ken Cuccinelli encouraging them to take action to help free Montgomery. Attorney General Ken Cuccinelli has stated several times throughout the past week he is unable to let Montgomery go free without a writ of actual innocence.

Thursday, Brian Gottstein, director of communication for the AG's office said, "The attorney general is required to follow the law. The court's November 9th order to vacate Mr. Montgomery's convictions, however well intentioned, is void under the law. The attorney general and his staff are working to help correct a mistake not of our making and of which we were notified only after the fact."