Efforts to Exonerate Man Whose Accuser Admitted to Lying - NBC29 WVIR Charlottesville, VA News, Sports and Weather

Efforts Move Forward to Exonerate Man Whose Accuser Admitted to Lying

Posted: Updated: Dec 31, 2012 12:52 PM EST

RICHMOND, Va. (AP) - The effort to clear the name of a man who spent four years in prison for a sexual assault he didn't commit is moving forward.

The Virginia Court of Appeals on Friday agreed to let Johnathan Montgomery's petition for a writ of actual innocence move forward. If it is approved, the crimes would be removed from Montgomery's record and he would no longer have to register as a sex offender.

The 26-year-old Montgomery had served four years of a 7½-year sentence for a sexual assault conviction when his accuser admitted she lied.

Governor Bob McDonnell granted a conditional pardon in November, freeing him from prison. But the convictions will remain until Montgomery is exonerated by the court.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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