Ruling still pending from high court in Richey case

The case has sat in limbo with the nation's highest court since one of its justices intervened in July, preventing the state from retrying Richey after the 6th Circuit Court of Appeals overturned his conviction.

The state filed the appeal to the high court trying to overturn the ruling but also was preparing to retry Richey for the 1986 death of 2-year-old Cynthia Collins at a Columbus Grove apartment complex. Collins died in a fire that Richey was accused of setting which ultimately put him on death row.

But while his conviction has been overturned he sits on death row, waiting the ruling. Richey's attorney, Ken Parsigian of Boston, said it is highly unusual for the court to not rule on a pending case during three meetings referred to as conferences.

Parsigian doesn't know why the court has not ruled and can only offer speculation. He said the most likely scenario is a justice or two wants to file a dissent and needs some time to write a it.

In the meantime, Parsigian, Richey and everyone else must wait. The next orders are issued Monday and Parsigian is hoping he has an answer today, he said.

The chance the high court will take the case, however, is remote. The court looks for cases of great public interest dealing with questions of law.

The 6th Circuit had tossed Richey's case saying Richey's trial attorneys did not do an adequate job representing him and that under Ohio law at the time, prosecutors needed to prove Richey intended to kill the young girl to convict him of capital murder. Prosecutors said Richey's target was his ex-girlfriend.