Richey case: Next battle may be over when to start trial

Richey case: Next battle may be over when to start trial

By GREG SOWINSKI
419-993-2090
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CINCINNATI ? A federal appellate court ruling says death-row inmate Kenneth Richey must be retried or released within 90 days but the next court battle likely will be whether the trial needs to start in that time.

Ohio Attorney General spokeswoman Kim Norris on Monday said her office interprets the phrase by the 6th U.S. Circuit Court of Appeals as meaning the retrial process or release must start within 90 days, not have the cases tried or the trial start in that time.

Her words come after the 6th Circuit refused to place the case on hold while the state seeks an appeal with the U.S. Supreme Court. Her words also follow a pledge by Richey?s attorney, Ken Parsigian who promised an all-out fight if the trial or release doesn?t start within 90 days.

Richey was sent to death row in 1987 convicted of the 1986 death of 2-year-old Cynthia Collins in a Columbus Grove apartment fire. Prosecutors maintained Richey started the fire.

The clock on the 90 days could start any day now. On Monday, the 6th Circuit issued a man-date sending the case back to district court from where the appeal started. The district court then signs off on the case and sends it back to Putnam County where it began, Parsigian said.

Parsigian said starting the clock could be as early as today since the district court judge only has an administrative action to take, which doesn?t require much more than a signature.

The latest legal round follows the January ruling by the 6th Circuit that overturned Richey?s conviction. The court ruled that Richey?s attorneys at trial did a poor job representing him and that the charge of aggravated murder against Richey, as the law read in 1986, would only have applied if Richey had killed the person he allegedly intended to kill and not the young girl.

Once the clock starts ticking and the case is placed in the hands of the Putnam County prosecutor, Norris said her office would assist in any way it could.

Putnam County Prosecutor Gary Lammers could not be reached for comment Monday.

Parsigian said if the case is going to be retried he wants the trial to start as soon as possible.

?Kenny has been in prison almost 19 years and it?s easy to lose sight of what it?s like to be in prison,? Parsigian said.

On top of that, Parsigian wants Richey moved from death row to the Putnam County jail and bond set. Without a conviction, Richey is presumed innocent until proved guilty and should not be held on death row.