Kenny Richey: 20 Years On Death Row

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Briton on US death row for 20 years has conviction overturned

Karen McVeigh. August 11, 2007. The Guardian

A British man who has been on death row in the United States for two decades has had his murder conviction overturned by a federal court for the second time in two years.

The appeal was one of the last chances open to Kenny Richey, 43, who was sentenced to death in January 1987 after being found guilty of deliberately starting a fire in which Cynthia Collins, two, died.

Yesterday's development was the latest in a series of twists and turns in Mr Richey's case which have delivered him from death row to the brink of freedom and back again. A similar decision was made in January 2005, but it was challenged by the prosecution and set aside.

The state has 90 days to release him, appeal or retry the case.

Karen Torley, Mr Richey's former girlfriend who has long campaigned for his release, told the Press Association: "I am absolutely delighted at today's news - it's been a long, long time coming.

"We're now hoping that he does get a retrial, so that Kenny actually has the chance to clear his name. "

Mr Richey's US lawyer, Ken Parsigian, said: "I got a phone call this morning to say his conviction had been reversed. Kenny is happy, but he is cautious. It is a giant leap, over a giant hurdle but we are not at the finish line yet."

If the state decides to retry Mr Richey, Mr Parsigian said he would be applying for bail.

Clive Stafford Smith of the legal charity Reprieve, said: "It's time for the new UK government to step up the pressure to end this farce. The Ohio prosecutors have spent thousands and thousands of dollars trying to keep this plainly innocent man on death row, rather than admit that they made a mistake 20 years ago. Let us hope that they do not waste thousands more appealing the decision made by the sixth circuit today, but rather let him return to the UK and re-start his life."

It is likely the prosecution will appeal against the decision.

Mr Richey, a former US marine, was 18 when he left his mother's home in Edinburgh to live with his American father in Ohio. He was arrested in July 1986 for the murder of Cynthia, who died in a fire at her mother's flat. The prosecution claim he began the fire as a jealous attack on his former girlfriend and her new lover, who lived in the flat beneath.

Mr Richey, who has always protested his innocence, refused a plea bargain which would have led to an 11-year sentence for arson and manslaughter.

His lawyers argue that he received inadequate legal representation at his original trial and his conviction was based on flawed scientific evidence and testimonies.

http://www.guardian.co.uk/usa/story/0,,2146675,00.html