Freedom for innocent Richey is long overdue

It's been obvious for many years now that Kenny Richey not only didn't intend to kill this innocent little girl, but also couldn't possibly have started the fire that prosecutors alleged he set in a failed attempt to murder his ex-girlfriend and her new boyfriend in the flat below Cynthia.

All the evidence that has come to light over the years suggests that the fire wasn't started deliberately at all; it was nothing more than a terrible accident, most likely caused by a discarded cigarette. Experts are queuing up to attest to this, yet thanks to due process, Richey remains on Death Row while his lawyers battle to free him and clear his name.

In recent days, there has been a glimmer of hope. For the second time, Richey's legal team have managed to convince the appeal courts that the conviction is unsafe. On August 10, the US Court of Appeals for the Sixth Circuit overturned the conviction, and ruled that the state of Ohio had 90 days (now 84 and counting down) to retry him or release him.

The judges who were tasked with reviewing Richey's case, looking at whether mistakes made by his defence lawyer could have prejudiced his trial, have made their views crystal clear. Any decent lawyer should have challenged the state's evidence on the cause of the fire but Richey's public defender, Bill Kluge, failed to do this.

"There can be little doubt that Richey was prejudiced by his counsel's deficient performance," two of the judges write. "There is a reasonable probability that, had his counsel mounted the available defense [sic] that the fire was caused by an accident, and was not the result of arson at all, the outcome of either the guilt or the penalty phase would have been different."

While the judges accepted that circumstantial evidence including witness testimony might still have led to a conviction - although it seems doubtful it would have led to a sentence of death - they point out that witnesses are not always believed.

"Confronted with evidence debunking the state's scientific conclusions, the trial court might have had a reasonable doubt about Richey's guilt, especially where the prosecution's case depended on a cast of witnesses whose lives revolved around drinking and partying and some of whom might have had their own motives for implicating Richey."

These quotes are only two very brief extracts from a 19-page judgement - but these alone would be enough to raise reasonable doubt.

This latest decision has been described by Richey's current legal team as "a giant leap over a giant hurdle". But the celebrations are on ice as Richey's supporters know from bitter experience that the prosecution are more than likely to appeal the decision. And so the waiting for justice looks likely to go on for months, if not years, more.

Enough is enough. After three heart attacks, Richey's health is nearly broken. His youth has gone; his chances of rebuilding his life into some semblance of normality are slipping away with each passing day in his tiny concrete cell.

It's high time the US authorities admitted that they have made a terrible mistake and release him. And while the US courts must follow their procedures, the Ohio state governor, and indeed the President, have the power to act now. The question is, is the British Government doing anything to persuade them?

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