Ma, I'll be home for Christmas

US Appeal judges ruled Richey - who has been facing execution in the US for 20 years must be retried within 90 days or be released.

The 42 year old, from Edinbugh, was convicted in 1987 of killing two year old Cynthia Collins in Ohio but has always protested his innocence.

His mum Eileen, 62 of Edinburgh said, "Kenny phoned me straight away and just said, "Ma, I'll be home for Christmas so get a tree."

He sounded so happy but I told him not to get carried away. He isnt free yet and as we've seen before a lot can happen in the meantime.

"But this does seem more definite than before. He said his lawyer says he will be out in two or three months. It would be the best Christmas present ever if my son was home. But I will only believe itwhen he is stepping off that plane and back onto Scottish soil."

Richey's lawyer Ken Parsigian added: "I got a phone call this morning to say his conviction had been reversed.

"Kenny is happy but he is cautious"

"It is a giant leap, over a giant hurdle, but we are not at the finish line yet."

The Sixth Circuit Federal Court of Appeal in Cincinnati overturned Richeys death sentence yesterday.

The same court cleared him two and a half years ago but that decision was overturned by the US Supreme Court 11 months later and Richey was put back on death row.

Last night human rights organisation Amnesty International called for Richey's immediate release, John Watson, Director of Amnesty International in Scotland, said, "This is fantastic news and represents the oppotunity that Kenny's long fought for- the chance to clear his name in a proper trial."

"Nobody should be sent to the living hell of death row, but Kenny Richeys 20 year ordeal came after a flawed trial and serious concerns about the Ohio justice system.

Last night Richey's former fiancee Karen Torley, who has been heavily involved in the campaign to free him, told how she is hoping for a retrial. She said, "I am absolutely delighteed at the news, its been a long time coming."

"We're now hoping that he does get a retrial so that he can clear his name.

"I have always had full confidence in the fact that Kenny is absolutely innocent- and now he's one vital step closer to proving that to the world."

When Richey was convicted prosecutors claimed the former marine had tried to kill his ex girlfriend Candy Barchet but ended up killing a neighbours child.

The court was not told of little Cynthia's obessesion with matches or how the fire brigade oftern had to put out fires she started.

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