Richey closer to being retried or released for 1986 fatal fire

Any other alternative to avoid the 90-day time frame following a ruling by the 6th Circuit Court of Appeals on Thursday against a state?s motion to place the case on holding pending appeal would start an all-out legal fight, said Ken Parsigian, the Boston attorney representing Richey.

?The word ?retry? is very clear. If they try to keep him in after 90 days without having a trial, believe me, we?ll be in court and I don?t see how they can win,? he said.

Richey was convicted in 1987 in the death of 2-year-old Cynthia Collins in a Columbus Grove apartment fire in 1986. He?s been on death row for 18 years. It was the 6th Circuit that in January tossed Richey?s conviction and ordered the retry or release.

The state hasn?t said exactly what its intentions are but a spokeswoman for the Ohio Attorney General?s Office previously said the state planned to keep Richey on death row while it seeks an appeal with the U.S. Supreme Court.

But Parsigian said the state?s chances to get the nation?s highest court to hear the case are remote. The Supreme Court only hears cases that deal with an unresolved extraordinary legal issue. Parsigian said the law in Richey?s case is clear and there is no important legal issues to resolve.

On top of that, the current term almost is over, meaning the Supreme Court would not rule until sometime in October, long after the 90 days is up. That means Richey has to be tried before the high court?s decision, Parsigian said.

?Look at the word ?release.? What if the state said in 90 days we?re going to think about releasing him?? Parsigian said.

Parsigian wants Richey moved back to the Putnam County jail and have bond set. Without a conviction, Richey is considered innocent until proven guilty and a person awaiting trial is not kept on death row, he said.

In the January ruling that tossed the conviction, the 6th Circuit ruled Richey?s trial attorneys didn?t do a good enough job. The court also found the charge of aggravated murder against Richey, as the law read at the time, would have only applied if Richey had killed the person he allegedly intended to kill and not the young girl.

The law that disqualifies the aggravated murder conviction means the state cannot retry the case on that charge since it would be double jeopardy, Parsigian said. The only charges left are child endangering, breaking and entering and aggravated arson, which Richey would be parole eligible for since he?s served nearly 19 years, he said.

If the state, however, does retry the case they would have a tough road to navigate since some witnesses have died or changed their stories. The availability and the validity of the evi-dence also is in great question, Parsigian said.

Richey shares dual U.S. and British citizenship, and his case has gained worldwide attention. People in Great Britain, where the death penalty is vehemently opposed, have launched a highly publicized crusade to get Richey off death row.