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Jonathan Christopher Montgomery
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Updated: Thursday, 15 Nov 2012, 3:29 PM EST
Published : Wednesday, 14 Nov 2012, 4:45 PM EST
HAMPTON, Va. (WAVY) - A woman facing perjury charges after admitting she had fabricated a story her neighbor had sexually assaulted her is due in court Thursday.
Elizabeth Coast had reported Jonathan Montgomery sexually assaulted her when she was 10 and he was 14. Montgomery was sentenced to 7.5 years in jail more than four years ago and was exonerated last week when Coast admitted she had made up the sexual assault story.
Coast has been charged with perjury relating to the incident.
Although he was exonerated, Montgomery remains imprisoned because Va. Attorney General Ken Cuccinelli said the judge did not have proper jurisdiction to toss Montgomery's conviction.
Additionally, the extradition did not occur within 21 days of Montogomery's conviction to be vacated in circuit court, per Virginia law.
Cuccinelli has since emphasized he will work to expedite the appeals process.
10 On Your Side reached out to Gov. Bob McDonnell about a possible pardon for Montgomery.
"For him to pardon me would be a great relief, but it does not stop the situation at hand," Montogomery told WAVY.com. "It just covers it up."
Governor McDonnell's office sent a statement to 10 On Your Side, agreeing with Cuccinelli's opinion that Montgomery must file a writ of actual innocence. McDonnell also said he is expecting an expedited review.
"The court will give this case foremost priority on its docket...[Gov. McDonnell] is engaged in this matter and willing to assist in any way," the letter read.
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