Mum says Kenny's life will only be safe once he's freed

Richey - who has been on Death Row in the US for more than 20 years - had his death sentence overturned for a second time by a federal court of appeal yesterday. A similar decision was made in 2005, but was later challenged and set aside.

He was sentenced to death after he was convicted of starting a fire in which a two-year-old girl died in Ohio in 1986 but has always protested his innocence.

Eileen Richey, of Dalry, who speaks to her son about once a fortnight and visited him last year, said: "I'm very pleased, but it could still take more than nine months before he gets out, if he does.

"I'll only believe it when I go to the airport to meet him. We've lived in hope so many times and he's been let down so many times.

"I really don't think he thought about the appeal much this time. He wasn't putting a lot of hope in it.

"He's been in there so long he gets down sometimes. He's really not well. These 20 years have taken a lot out of him.

"He's had three heart attacks. His health has just deteriorated. I'm more worried about that.

"I'm keeping my fingers crossed. I keep hoping I'll last long enough. It does cross your mind that I might not."

Eileen, right, added: "Kenny wants a retrial because he wants to prove he's done nothing. If that makes him happy, then I'm happy.

"He certainly appreciated the support from people here."

The human rights organisation Amnesty International has called for Richey, who grew up in Edinburgh, to be allowed a proper retrial or be released as soon as possible.

His lawyer Ken Parsigian said that Ohio has 90 days to release Richey, appeal the decision or retry the case.

He said: "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."

If the state decides to retry Richey, Mr Parsigian said he would be applying for bail.

In 2004, the Government confirmed that it has a "comprehensive lobbying strategy" over Richey's case.

John Watson, director of Amnesty International Scotland, said: "This is fantastic news and represents the opportunity 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 Richey's 20-year ordeal came after a flawed trial and serious concerns about the Ohio justice system.

"On the one hand it is disturbing that it has taken this long for Ohio to look again at Kenny's case.

But now at least Kenny may be on the road to release."

Richey's ex-fiancée, Karen Torley, who has been heavily involved in the long-standing anti-death penalty campaign, said she was "absolutely delighted" at the news.

She said: "We're now hoping that he does get a retrial, so that Kenny actually has the chance to clear his name.

"Kenny has always said that freedom on its own is not enough."

She added: "I have always had full confidence in the fact that Kenny is absolutely innocent.

"Now Kenny is one vital step closer to proving that to the world."

Richey, 43, was just 18 years old when he left Edinburgh to live with his American father in Ohio, and he later signed up to join the US Marines.