Prosecutors in new bid to keep Richey on death row

The attorney-general for Ohio, Jim Petro, has called on the 6th Circuit Court of Criminal Appeals to quash the decision to overturn his conviction, it emerged last night.

Richey was told earlier this week that the court had denied the state?s request to rehear the appeal, meaning he had to be retried within 90 days or set free.

Mr Petro?s move to seek a stay of the impending mandate essentially stops the clock ticking on the 90-day deadline, ensuring that he cannot be released.

Mr Petro?s spokeswoman, Kim Norris, said reports that Richey would be moved off death row today were "absolutely not correct". She added: "He is not being set free. We are going to appeal to the US Supreme Court."

Richey, 40, was sentenced to death after being convicted of killing a two-year-old girl in an arson attack in 1986.