The headline looks shocking - Cuccinelli blocks innocent man's release.
Read the story, and Cuccinelli agrees the man should be released.
It just needs to be done right - according to the law. Even though it's hard for the family.
On Friday, Hampton Circuit Judge Randolph T. West tossed Montgomery’s felony convictions and ordered him released from prison.
But when relatives went to pick Montgomery up at the prison in Jarratt, they learned Attorney General Kenneth Cuccinelli’s office had declared the order invalid because the judge lacked jurisdiction.
“This is a tragedy, and the attorney general is very concerned about it,” Cuccinelli spokesman Brian Gottstein said in an email. “However, Virginia law will not allow the release.”
Montgomery likely will need to ask the state court of appeals to declare him innocent before he can be released, but Cuccinelli would support such a petition as he has in other wrongful conviction cases, Gottstein said.
If you'd followed Ken Cuccinelli as Attorney General, he follows the law as written. If it needs to be changed, there are ways to do it.
The right way.