Johnathan Christopher Montgomery v. Commonwealth of Virginia

Upon a Petition for a Writ of Actual Innocence

Johnathan Christopher Montgomery (“Montgomery”) petitions this Court to grant a writ of actual innocence based on non-biological evidence pursuant to Code §§ 19.2-327.10 through 19.2-327.14. Montgomery seeks to vacate his 2009 convictions for forcible sodomy, aggravated sexual battery, and animate object sexual penetration. In support of his petition, Montgomery proffers newly-discovered evidence—the recantation and subsequent perjury conviction of the complaining witness Elizabeth P. Coast (“Coast”). The Commonwealth agrees that Montgomery has…