Kenny update

When I arrived to visit Kenny on Monday 18th April, neither of us knew there had been a decision made in his case.  In fact I was slightly amused to be met by a "greeting commitee" of two prison officials, who obviously knew there had been some development but failed to tell me.

I didnt find out until I came out of our visit, when Alan Johnson from the Columbus Dispatch informed me that we had won in 6th circuit.

Of course this was wonderful news to hear and it was especially wonderful that by chance I was in Ohio when it happened.

There where all sorts of rumours going around that Kenny was to be freed etc, even the guards asked me if I had come to bring Richey home.

Many of them telling me it was time he went home. This was the first concrete evidence we had that even some of the guards know he shouldnt be there.

We would like to thank the 6th Circuit Court for upholding their 25th January decision on Kenny's case. This is the right and just thing to do.

We would also like to thank everyone who has supported Kenny and myself in this struggle for truth and justice.

Kenny was delighted to hear this news. He now knows he is coming home, its just when is the issue.

The visits went well and I met so many wonderful people on and off death row.

The evidence in this case shows that Ohio has kept an innocent man on death row for over 18 years.

It is time that the State of Ohio and Jim Petro the Attorney General stops appealing when he knows he cannot win this. Kenny should be set free as soon as possible.

As Kenny's attorneys have been quoted as saying,
"This is spiteful and vindictive," said Richey's Boston attorney, Ken Parsigian.
"It's not surprising. It's OK to indulge every possible argument, but don't complain when other people do it. They've argued in this case that Richey won't accept finality. Well, right back at ya'."

Another of Richey?s Boston-based lawyers, Daryl Wiesen, admitted he was disappointed but not surprised by the announcement and confirmed he would be filing an opposition to the motion as soon as possible.
?We do not think it?s an appropriate move,? he said.
?There are no issues worthy of review by the US Supreme Court in this case.?

Mr Petro said: "We believe the evidence supports the just conviction of Kenneth Richey."

Has Mr Petro PERSONALLY looked at ALL of this case? I find that incredible if he says he has. Which is seriously doubtful. there is nothing JUST about this case at all.

Mr Petro is running for Governor and it seems he does not want to admit defeat before the elections?

"Ohio Courts have reviewed this case and found the evidence supports that Richey set the fire intending to kill his girlfriend but ended up killing two-year old Cynthia Collins." says Petro.

Well he should also note that it was an Ohio court who decided to overturn Kennys conviction. And it is time for Mr Petro to stop fighting what he cannot possibly win. Personally I would think more of the Ohio "justice" system if they admitted that they got it wrong and that they do the right thing. Justice delayed is justiced denied. And justice in this case has been denied for 18 long hard years. Let Kenny go free NOW. Its the very least the State of Ohio can do under these circumstances. They are making themselves look bad and they are making a joke of the word justice.

Richey?s attorney Ken Parsigian, of Boston, wants the court to refuse the state?s motion and move forward with the case. He also wants the clock to start ticking, and the appeal to the Supreme Court to run simultaneously with the 90 days the state has to retry Richey.
?Kenny has waited his time. If it puts a little pressure on the state I think that?s only fair,? Parsigian said.

Parsigian also wants state prosecutors to file the appeal as quickly as possible, which said should be by next week instead of waiting the allowable 90 days since the state plans to repeat the same argument it?s been using.
?They don?t need 90 days, they don?t need nine days. They could file it Monday. That may mean a couple of state prosecutors would have to work the weekend but Kenny has spent enough weekends in prison,? Parsigian said.

Parsigian has filed a motion with the 6th Circuit demanding Richey?s release from death row while objecting to the stay. Parsigian?s argument is based on the premise that with no convic-tion against Richey, he?s an innocent man until proven guilty, and innocent men are not kept on death row.

Kenneth J. Parsigian, Richey?s lead attorney from Boston, blasted the state for delaying tactics.
"If they want to retry this case, I?ll be in Ohio next week. Bring it on. Don?t drag it out forever," he said.

"It?s pretty remarkable, in a state which routinely argues and complains that criminal defendants will never accept finality, that they indulge every long-shot appeal.

"How about a little consistency and a little honesty? They just don?t want to admit they?re wrong on anything."

Parsigian said the state stands no chance of having the U.S. Supreme Court accept the case on appeal. There just isn?t an important legal question.
?That?s a desperation Hail Mary,? he said

And I couldnt have put it better than Ken did.

Ohio it is time to free Kenny Richey, The INNOCENT Scot on death row.