Judge confirms ruling that may free Richey

The action, taken by U.S. District Court Judge Patricia Gaughan, came the day after a motion was filed by Richey's attorneys asking Judge Gaughan to act on a mandate in Richey's favor given to her May 16 by the U.S. 6th Circuit Court of Appeals in Cincinnati.

The attorneys, Ken Parsigian and Paul Nemser, of Goodwin Procter in Boston, believed Judge Gaughan, who ruled against Richey in a 2001 appeal, intentionally was stalling on an action she had no choice but to OK.

"The day after we file the motion she mysteriously [issues the writ]," Mr. Parsigian said yesterday.

Stella Leno-Clifford, Judge Gaughan's deputy clerk, disputed Mr. Parsigian's claim that the judge intentionally stalled issuing the writ. "Everything was promptly done," she said.

Ms. Leno-Clifford said the state on May 16 asked Judge Gaughan to stay execution of the writ. Subsequent proceedings related to that action lasted 11 days, and Judge Gaughan denied the state's request May 27. The holiday weekend, in part, delayed her action favoring Richey until yesterday, Ms. Leno-Clifford said.

Said Mr. Parsigian: "Yeah, except that she denied their motion because the 6th Circuit Court already denied the same motion. And she knew that the day they filed."

With a potential Sept. 3 release date, the decision now rests with Putnam County Prosecutor Gary Lammers whether to retry Richey, 41, for the 1987 arson death of 2-year-old Cynthia Collins, of Columbus Grove. Mr. Lammers could not be reached for comment yesterday.

The state still has a keen interest in the Richey case, which has gained international attention because Richey was reared in Scotland and holds U.S. and British citizenships.

On Wednesday, Kim Norris, a spokesman for Ohio Attorney General Jim Petro, said her office is conferring with Mr. Lammers but nothing has been decided. "[But we still believe Richey's] actions resulted in the death of a little girl," she said.

Richey supporters, who have fought for years to get the state to overturn what they say was an unjust conviction, are growing increasingly impatient as the case drags on.

"[Gary Lammers] should get in touch with Jim Petro without delay and make public his intentions as to whether he is going to retry this case," said Richey's fiancee, Karen Torley Richey, of Scotland, who has directed the campaign to free him.

Still at issue is a dispute between Richey's attorneys and the attorney general over what the 90-day period means in relation to a new trial. Mr. Petro's office believes beginning preliminary trial proceedings is enough to nullify the deadline. Mr. Parsigian feels differently.

"Try him does not mean 'try to try him.' It's not 'start thinking about trying to try him.' It means try him," he said in an earlier interview.

Also, the attorney general's office has said it might appeal to the U.S. Supreme Court the 2-1 decision by the appellate court. The Supreme Court does not reconvene until October, at which time Richey already could be released.

But Mr. Parsigian said the high court could decide to hear the case and overturn the appellate court's ruling, which would send Richey back to prison. "It's the longest of long shots," he said.

Meanwhile, Mr. Parsigian said he will ask the state to move Richey from the Mansfield Correctional Institution to the Putnam County jail. "Kenny's conviction was thrown out. Nobody who is unconvicted stays on death row," he said.

Contact George J. Tanber at:
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