April 22
OHIO:
Supreme Court Appeal over Death Row Briton
US prosecutors will bring the case of death row Scot Kenny Richey before
the Supreme Court in a final bid to quash the decision to overturn his
conviction, it emerged today.
Ohio Attorney General Jim Petro has filed a stay with the 6th Circuit
Court of Criminal Appeals to take the controversial case to the highest
court in the land.
Richey, who has been facing execution for 18 years, was told earlier this
week that the court had denied the states request to rehear the appeal,
meaning he had to be retried within 90 days or set free.
The 40-year-old was sentenced to death after being convicted of killing a
2-year-old girl in an arson attack in 1986.
But Mr Petros move to seek a stay of the impending mandate essentially
stops the clock ticking on the 90-day deadline, ensuring Richey cannot be
released.
Kim Norris, Mr Petros spokeswoman, said reports that Richey would be moved
off death row today were "absolutely not correct."
She added: "He is not being set free. We are going to appeal to the US
Supreme Court."
Independent MSP Margo MacDonald condemned the state's decision.
It came just hours after she was told by Ken Parsigian, Richey's lawyer,
that the Scot was expected to be taken off death row on Friday.
The Lothains MSP said: "0hio, for whatever reason, seem to have a very
punitive attitude towards him (Richey) because they lost the appeal 12-0
(judges).
"It is hard to believe that the Supreme Court would overrule such a
decisive verdict by the state."
Asked if she remained optimistic Richey would be freed, Ms MacDonald
replied: "Everybody is too scared to be confident as Kenny has spent too
long in jail for a crime that he did not commit.
"We must tiptoe through the process, one legal step at a time."
The only option left to Ohio prosecutors to contest the January appeal
ruling was to file a petition to the US Supreme Court.
Announcing his decision to do so, Mr Petro said: "We believe the evidence
supports the just conviction of Kenneth Richey.
"Ohio courts have reviewed this case and found the evidence supports that
Richey set the fire intending to kill his girlfriend, but ended up killing
2-year old Cynthia Collins."
One of Richeys Boston-based lawyers, Daryl Wiesen, admitted he was
disappointed but not surprised by the announcement and confirmed he would
be filing an opposition to the motion as soon as possible.
"We do not think it's an appropriate move," he said.
"There are no issues worthy of review by the US Supreme Court in this
case."
British MPs and leading human rights campaigners have fought on Richeys
behalf for years, pleading a "compelling" case of innocence.
He has also won support from the European Parliament, a host of
celebrities and the late Pope John Paul II.
Richey, who grew up near Edinburgh Castle, went to Ohio in the 1980s to
stay with his father.
On the evening of June 29, 1986, he had been at a party, celebrating the
fact that he was about to return home and take up a job as a nightclub
doorman.
Richey got drunk and stumbled off. Some time later a fire broke out at a
nearby apartment block.
2-year-old Cynthia was trapped in her bedroom and died from smoke
inhalation.
Richey was arrested and convicted of using petrol and paint thinner to
start the fire.
The court was told that Richey started the fire out of jealousy in an
attempt to kill a former girlfriend, who was asleep with her new boyfriend
in the apartment below the one that burned.
During the 3-day trial, Richey twice rejected plea-bargain deals which
would have spared his life if he had admitted starting the fire.
In 1997 2 witnesses who had claimed that Richey previously threatened to
burn down the apartment retracted their statements.
Recent forensic evidence cast doubt on whether the fire was started
deliberately at all.
(source: The Scotsman)
