Death Row Scot's mum tells of delight at retrial news

Richey, who has spent more than 20 years on Death Row in Ohio, will now be moved to an ordinary county jail. He will be able to apply for bail and, if successful, he will be set free until his new trial begins.

His mother, Eileen, who lives in Dalry, said: "I'm very pleased. It's what he wanted. He really wants a retrial so he can clear his name.

"I spoke to him last week and he seemed fine. He was quite cheery. I told him to wait and see what happens. It's been a very long time, but we feel it's all coming to an end now.

"I don't know what's going to happen now - I'll wait till I speak to him tonight. I want to hear it from him. We've had so many false hopes before - it's hard to believe he could be out soon."

Raised in Sighthill, he moved to America at 18 to live with his father, where he joined the US Marines. The 43-year-old Scot was sentenced to death in January 1987 after he was convicted of starting a fire in which a two-year-old girl died in Ohio in 1986.

He has always protested his innocence and the Sixth Circuit Federal Court of Appeal in Cincinnati overturned Richey's death sentence for a second time on August 10. The new trial is expected to begin early next year.

Mrs Richey said it would still be several months before she saw him, as she would not be able to travel to America. His legal team are expected to seek bail as soon as he is taken off Death Row. If successful, he could stay with his brother Steven, who lives close by in Ohio.

She said: "He wants to come back to Scotland as soon as it's over. He's certainly not going to stay in America."

She has raised concerns about her son's deteriorating health, as he has suffered three heart attacks.

State prosecutors will now be preparing the new case over the next two or three months. They could have gone to the US Supreme Court to try to have the appeal decision overturned, but instead decided to stage a new trial.

Brian Laliberte, Ohio deputy first assistant attorney general, said: "We have decided not to appeal the decision of the court. Mr Richey will be moved off Death Row and taken back to the Putnum county jail. He will now be able to apply for bail."

Reprieve, which fights for prisoners on death row, welcomed the move. Legal director Clive Stafford Smith, who has assisted Richey's case for almost two decades, said:

"Once the prosecution sit down and start to prepare their case for trial, they will realise that they don't have one.

"The only decent thing to do here is drop the charges and send Kenny home to Scotland."

Richey's lawyer Ken Parsigian said: "Kenny has always wanted a chance to prove his innocence and a new trial will give it to him."

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Kenny Richey
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