Richey’s 1987 death penalty conviction argued in appellate court

But Boston attorney Ken Parsigian stopped short of predicting he would win the appeal that could lead to the retrial or release of Kenneth Richey, who has been on death row since 1987 for a Columbus Grove apartment fire that killed 2-year-old Cynthia Collins in 1986.

It was the second time Richey's legal team argued the case before the 6th U.S. Circuit Court of Appeals, where it found a favorable ruling the last time that eventually was overturned by the U.S. Supreme Court. The same three-judge panel that first heard the case heard arguments Wednesday.

The Supreme Court sent the case back to the 6th Circuit to further consider the claim of whether Richey's trial attorneys did an adequate job representing him. The high court overturned the other part of the 6th Circuit's previous ruling that said Richey's conviction was invalid because he hit the wrong target when he killed the young girl, not his ex-girlfriend and her new boyfriend.

Attorneys on Wednesday focused on whether attorneys representing Richey at trial did enough for him. A good portion of the hearing, which lasted about an hour and 15 minutes, was spent talking about whether the trial attorneys failed to adequately challenge testimony by arson experts.

Additionally, the trial attorneys left the name of their arson witness on the witness list after they chose not to call him. That left the witness available for prosecutors to call and when they did the witness backed the state's arson expert, a huge blow to Richey, Parsigian said.

Deputy Ohio Attorney General Michael Collyer argued Richey's legal team failed to raise the issues in a timely matter, and instead has been raising issues as the case moved through the appellate system.

But Parsigian argued state attorneys opened the door by agreeing to allow additional evidence not presented at trial to come before appellate judges.

Collyer also said there was evidence beyond showing the fire was arson, such as Richey making threats before the fire and his actions after the fire, including boasting about it.

In its November 2005 ruling, the U.S. Supreme Court reinstated the conviction and death sentence against Richey and ordered the 6th Circuit to clarify its ruling on whether Richey had adequate representation at trial. The 6th Circuit ruled 2-1 in favor of Richey on that claim and others.

Richey, who shares U.S. and British citizenship, has maintained his innocence through the years. He has sat on Ohio's death row since 1987. Whatever ruling comes out of the 6th Circuit is expected to be appealed to the U.S. Supreme Court by the losing side.

If Richey wins, it would be up to Putnam County Prosecutor Gary Lammers to retry him. If not, Richey would be released as a free man.

If the case eventually does return to Putnam County for trial, Lammers and sheriff's investigators have already spent hours preparing. Lammers has said after reviewing the case that it is stronger than what "the rumor mill made it out to be."

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