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Kenny Richey
Plea over Death Row brit Ministers have been urged to intervene in the case of a Death Row Briton, who has received a setback in his appeal against his sentence.
Kenny Richey is waiting on an appeal decision from the Sixth Circuit Federal Court, his last hope unless the US Supreme Court agrees to hear his case. However, the Ohio Supreme Court refused to consider a point of law which had been referred to it and sent the case back to the federal court.
The federal court had asked the state court for guidance on whether Richey could be executed if there was no evidence that he planned the victim's death. However, the state court refused to consider the issue. Human rights charity said the decision was "decreeing effectively that in their opinion, Kenny should die in the execution chamber with no further questions asked". Richey's defence team now have a month from June 9 to submit new representations to the federal court. His lawyer Clive Stafford Smith said: "It's incredibly troubling. This means Kenny is back before the Sixth Circuit and if he loses there, he is almost certainly going to lose in the US Supreme Court." He said he had met Foreign Office officials and that" we desperately need them to intervene and intervene now. "If they don't do it in the next 30 days, there's every chance that Kenny will die."
Richey, 39, has spent 17 years on Death Row after being convicted of arson and the aggravated murder of a two-year-girl, Cynthia Collins, in 1986. Mr Stafford Smith has gathered evidence which he believes indicates Richey's innocence and has also highlighted a number of alleged failings by the original defence team. Mr Stafford Smith went on: "All of the evidence that we have developed shows that, in fact, there wasn't an arson and in all probability the poor child who died in this case died in an accident. "Unfortunately, that doesn't make any difference to the Americans. "In terms of the Catch 22, Orwellian world of American law, it's irrelevant if you're innocent if you are going to be executed."