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Kenny Richey
Richey hearing moves up a day
Greg Sowinski |
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- 12.28.2007
OTTAWA - After former Ohio death row inmate Kenneth Richey's chest pains postponed a hearing to set him free, his attorney has sought to have the hearing sooner rather than later.
A judge rescheduled the hearing from Dec. 20 to Jan. 8. Now the hearing is at 1 p.m. Jan. 7, said a staff member for Putnam County Prosecutor Gary Lammers.
That's the earliest date all sides could agree on, she said.
Richey, 43, is scheduled to accept a negotiated plea to attempted involuntary manslaughter, child endangering and breaking and entering. He will be sentenced to 21 years in prison for the 1986 fire death of 2-year-old Cynthia Collins at a Columbus Grove apartment complex. He's expected to get credit for time served.
Richey was, and still is until the hearing and plea is finalized, scheduled to go on trial March 28 for Collins' death. Lammers originally said he would seek the death penalty.
As part of the plea, Richey will have to return to Scotland, his home country. He will plead no contest and not admit to any charge that accuses him of killing Collins or setting the fire. The charges allege the child's mother, Hope Collins, asked him to watch her daughter and she died during that time, his attorney, Ken Parsigian said.
Richey spent 20 years on Ohio's death row before the 6th Circuit Court of Appeals ordered a new trial earlier this year. The appeals court ruled Richey didn't receive adequate legal representation at his first trial.
The biggest question of the hearing will be whether visiting Judge Alan Travis releases Richey at the hearing or orders him sent back to prison to be released. Lammers said Richey should be returned to prison where his time will be tallied, as standard procedure, and then released.