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Richey requests new trial

Wednesday, 24 January 2007

 

THE ASSOCIATED PRESS
CINCINNATI - Kenneth Richey would be free today, not on death row, if he had taken a plea bargain and admitted to setting a fire that killed a 2-year-old girl in northwest Ohio in 1986, his lawyer said Wednesday.

Richey, a dual U.S.-British citizen whose conviction has drawn international attention, says he is innocent and is asking an appeals court Wednesday to order the state to release him or hold another trial.

 

 

 

Richey's contention that he is innocent has never wavered, even though he has spent twice as long in jail as if he had taken the deal offered to him.

''Not only he's maintained his innocence - to his detriment - he was offered a plea bargain that would have made him a free man 10 years ago,'' lawyer Ken Parsigian said.

Richey, 42, was convicted of aggravated murder and sentenced to die for setting the fire in an apartment building in the town of Columbus Grove. He has been on death row in an Ohio prison for 20 years. No execution date has ever been set.

The Cincinnati-based 6th U.S. Circuit Court of Appeals threw out his conviction and death sentence in January 2005.

The U.S. Supreme Court ruled in November 2005 that the 6th Circuit erred by disregarding the Ohio Supreme Court's interpretation of state law regarding intent to kill. The state court had ruled that as a death penalty specification there is no difference between an intended victim and an unintended victim, such as the little girl who was killed.

The federal high court also said the record was incomplete on whether Richey received effective counsel and whether some evidence was properly admitted, and told the appeals court to hold another hearing.

''We're asking the court to reinstate the decision that his verdict is reversed, and the state has 90 days to release him or retry him,'' said Parsigian, who took over Richey's appeals in 1992.

Prosecutors contend that Richey started the fire to get even with a former girlfriend. The former girlfriend escaped with her new boyfriend, but a girl who lived in the apartment above hers died in the blaze.

The case has drawn worldwide attention partly because of Richey's dual citizenship and continued focus by Amnesty International.

Richey was raised in Edinburgh, Scotland, but at 18 moved to the U.S., where his father lived. He has broad-based support in Great Britain, where 150 members of Parliament signed a motion supporting him.

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