Richey to get a new trial

Putnam County Prosecutor Gary Lammers said he will retry the case against Richey on the original charges of aggravated murder, aggravated arson and child endangering. He could have appealed a ruling that overturned the case to the U.S. Supreme Court but opposed that option, fearing it would not be successful.

"It was kind of pick your poison now or later," he said. "(Ohio deputy attorney generals) thought we were mainly postponing the inevitable. You can try it now or you can try it a year from now."

Richey was convicted in the 1986 fire death of 2-year-old Cynthia Collins in a Columbus Grove apartment complex. His case has captured worldwide attention because he shares American and British citizenship. He was sentenced to die and has remained on death row since 1987.

An advantage to trying the case now is having witnesses available, Lammers said.

Richey's lead attorney Ken Parsigian said Richey has a strong defense, the best arson experts in the world and a strong legal team, none of which he had during his first trial.

"They have to be able to show Kenny Richey was guilty beyond a reasonable doubt, and now they have to prove it with a weaker case," Parsigian said.

Parsigian said besides witnesses who have died, some are unavailable because they have moved out of state or cannot be located. Some are older and no longer of sound mind to testify, also, he said.

Parsigian further said the evidence is weak, including anything the state could use to say the fire was arson.

"There is no scientific evidence of arson," he said.

Lammers said he expects the biggest defense challenge to be against his arson evidence but still said he has a strong case.

"I still feel confident in the case. Obviously the three-judge panel was confident in the case and convicted him on the evidence," he said.

Beyond that, Parsigian said the state has problems with its theory of how the crime happened.

"The state says you got a drunk guy ... who started a fire to burn through the floor to get his ex-girlfriend," he said.

The next step is to get the paperwork from the federal court and began the process of preparing for a trial. Parsigian said the federal court will issue the paperwork Tuesday and he has requested Richey be returned to Putnam County - he's now at Mansfield Correctional Institution - within a week.

Parsigian then will seek bail, he said.

When asked about the possibility of a plea negotiation, Lammers said he has not offered anything but wouldn't rule it out, either.

"Anything is an option. Anything is possible," he said.

Parsigian said Richey has been adamant about not accepting a plea and wants to go to trial to prove his innocence, something he has maintained throughout. But Parsigian said if Richey is given a deal for time served he will recommend Richey take it, walk out of prison and hit the talk-show circuit in Scotland proclaiming his innocence.

"Here's your life that is right there. All you have to do is reach out and grab it. Twenty one years on death row and you can have your life back. But if I ever met anyone who might just do it, it would be Kenny," Parsigian said.

As far as seeking the death penalty, Parsigian called it "vindictive."

"If they do seek it we are very confident we will win the case and we are even more confident there will not be a death penalty," he said.

Neither attorney knew exactly when a retrial would take place, but it will be sometime early next year.

Lammers will be joined by deputy attorney generals who are experts in death penalty cases, he said.

Parsigian said it's likely his team will seek a change of venue in hopes of moving the case out of Putnam County. He said the publicity surrounding the case would affect Richey's ability to have a fair trial.

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