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Home Kenny Richey Kenny appeal decision 'due in autumn' Kenny appeal decision 'due in autumn'
Friday, 21 July 2006
LAWYERS for Kenny Richey today said a decision on the latest stage of his appeal process is likely to be made by the autumn.
Former marine Richey, 41, who was raised in Edinburgh, was sentenced to death in 1987 for murdering two-year-old Cynthia Collins by setting fire to an apartment in Ohio.
An appeal against that decision was granted in January last year, but overturned in November by the US Supreme Court, which told the 6th Circuit Federal Court of Appeal to reconsider its earlier decision.
Richey's lawyer, Ken Parsigian, said that if the 6th Circuit Court decided that prosecutors did not formally object to new evidence at the Ohio State trial, as they did at the appeal stage, then the case would have to be re-examined.
Mr Parsigian this week submitted evidence supporting his view that new evidence at the Ohio State trial was accepted and said a decision from the Circuit Court would be made by the autumn.
He added: "If it goes in our favour then we will be in the same position where the state will need to release or re-try Kenny within 30 days.
"However, there is the possibility the state will appeal such a decision back to the Supreme Court, but only around one per cent of cases make it there so we will have to wait and see."