Kenny Richey to hear freedom verdict today

Richey, who was sentenced to death for the killing of two-year-old Cynthia Collins in a fire on 30 June, 1986, had his conviction overturned in January by a federal appeals court.

But he has remained in prison since then, amid legal and administrative wrangles between his lawyers and the state, which has questioned the appeal court's ruling. His fate rests in the hands of the Putnam County prosecutor, Gary Lammers, who will announce his decision this evening.

Richey's lawyer, Ken Parsigian, said he was "cautiously optimistic" his client would be released. Mr Lammers has been researching case documents and interviewing potential witnesses. Although Richey can no longer be given the death penalty, the prosecutor has said new charges could still be brought.

The state has until 14 July to appeal against the appeal court ruling that Richey had incompetent legal counsel at his original trial. If Mr Lammers does not retry the case, Richey could be released in a week.