British-U.S. citizen on death row fights to live

Kenneth Richey, whose death sentence has drawn international attention, has never wavered in his contention that he is innocent, even though he has spent twice as long in jail as if he had taken a deal that had been offered to him in 1986 if he pleaded guilty.
The Cincinnati-based 6th U.S. Circuit Court of Appeals had thrown out Richey's conviction and sentence in 2005 but was ordered by the U.S. Supreme Court to re-examine the ruling.
Arguments Wednesday before appeals judges focused on evidence developed during appeals about an expert witness' trial testimony. Ken Parsigian, Richey's attorney, said the evidence raised doubts about whether an arson was committed and about his client's role - and was enough to allow the court to order Richey's release or new trial.
"If the jury had heard evidence from a competent (fire recreation) expert, they might have found reasonable doubt," Parsigian told the panel.
The state said the evidence shouldn't be considered and rejected the claim that it waived the right to object to evidence that didn't exist at trial.
"I don't know how you can credibly argue that," state attorney Michael Collyer said after the hearing. "We can't waive something we don't know is being raised."
The judges didn't indicate when they would rule.
Richey, 42, was convicted of aggravated murder and sentenced to die for setting a 1986 fire that killed Cynthia Collins in an apartment building in the northwest Ohio town of Columbus Grove. He has been on death row for 20 years. No execution date has ever been set.
"Not only he's maintained his innocence - to his detriment - he was offered a plea bargain that would have made him a free man 10 years ago," Parsigian said.
The U.S. Supreme Court ruled in November 2005 that the 6th Circuit erred by disregarding an Ohio Supreme Court ruling that said, regarding a death penalty specification, there is no difference between an intended victim and an unintended victim.
Prosecutors contend that Richey started the fire to get even with a former girlfriend. The former girlfriend escaped with her new boyfriend, but the blaze killed Collins, who lived in another apartment.
In its ruling, the U.S. Supreme Court said the record was incomplete on the question of whether the 6th Circuit could consider evidence that was not presented during an earlier appeal, and told the court to hold another hearing.
"We're asking the court to reinstate the decision that his verdict is reversed, and the state has 90 days to release him or retry him," said Parsigian, who took over Richey's appeals in 1992.
The case has drawn worldwide attention partly because of Richey's dual citizenship and continued focus by Amnesty International.
Richey was raised in Edinburgh, Scotland, but at 18 moved to the U.S., where his father lived. In Britain, 150 members of Parliament signed a motion supporting him and thousands have written letters in his behalf.

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