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BBC - Death row Scot wins late appeal

Monday, 26 April 2004

Read the original article at:
http://news.bbc.co.uk/2/hi/uk_news/scotland/3657723.stm

Death row Scot wins late appeal

A Scot has won a late US appeal which could save him from a death sentence.

Federal judges in Ohio have referred Edinburgh-born Kenny Richey's case to the US state's Supreme Court to find out if his murder conviction was safe.

Richey was sentenced to death after being convicted of arson and the aggravated murder of a girl in 1986.

Liberal Democrat MP Alistair Carmichael said it was the ?first real glimmer hope? for Richey, who was one hearing away from execution.

'Window of opportunity'

The member for Orkney and Shetland urged the UK Government to send a lawyer to back the review of Richey's case.

Mr Carmichael said: ?It's the first real glimmer of hope we've had for some time.

?The government could help this process along by engaging as a lawyer to take part in this legal brief.

?A window of opportunity has opened.

?Kenny is not yet through that window but there's a clear role for the government to play in helping him to take advantage of that window.?

Capital murder

Earlier this month, Ohio's federal appeals court for the US Sixth Circuit sent Richey's case back for review to judges at the state's Supreme Court.

The judges have suggested Richey's conviction for capital murder might be unsafe and if so, he should be re-tried or released.

But the Supreme Court review, which still has the power to reject the federal judges' findings, could take months.

Mr Carmichael added: ?We've been saying all along his trial was not properly conducted and he didn't get a proper defence

?This is the first substantive indication we've had that the Ohio judiciary are beginning to take a note of that.?

Political support

Last month, 150 MPs signed a Commons motion backing Richey's claim of innocence after Prime Minister Tony Blair pledged to look into the case.

Amnesty International, which believes Richey has a compelling case, said the Scot had been offered a lifeline.

A spokesman for the organisation said: ?While Kenny Richey has been offered a lifeline on this legal technicality, it's essential he has an opportunity to clear his name completely.?