No Arson, No Murder, No Justice!

In 1981, at the age of eighteen, Kenny Richey left his home in Scotland to live with his American Father in Ohio State.

In June 1986, one week before his return to the United Kingdom, Kenny was arrested for a crime the evidence shows was not a crime at all.  Twenty-one years later he got free at last. He now has the chance to rebuild his life, let's wish him good luck.

The hope is lit

Read the full decision (warning 7 MB download)

In January 2005 the case was reversed by the 6th Circuit. They also turned down a bid for rehearing from the Attorney Generals office. Petro, unwilling to accept the retrial, appealed to the US Supreme Court. Most of us, the absolute majority, felt it truly unlikely they would even hear the appeal. While waiting the clock stopped ticking, and yet another delay was introduced in this case of two decades.

Surprisingly the US Supreme Court not only accepted to hear the appeal but threw out the 6th Circuit decision. They did so mainly cause of the transferral of intent part, but sent back the other half of the decision for further review by the 6th Circuit. See the Supreme Court Opinion

The 6th Circuit reaffirms its position

Here is the appeal to the 6th Circuit, and the second paper submitted on the 17th July 2006 by Kenny's attorneys - taking apart the States attempts to widen the scope of the remand.

The 6th Circuit reaffirmed its position during the spring of 2007, again giving the state of Ohio 90 days to try or release.

Apparently the prosecution had not as strong a case as they would like the public to believe. Late 2007 an new plea-deal was put forth. In effect all accusations of murder or arson were moved off the table, leaving breaking and entering, child endangerment and the magic "attempted involuntary manslaughter".

Kenny didn't have to admit to anything, he only had to plead "no contest". In reality that would mean he was sentenced as guilty, without admitting to guilt. For the three charges he would get the maximum penalty, adding up to a total of twenty-one years, and then released with time served. The final condition was that he would refrain from suing the state of Ohio for wrongful imprisonment.

For Kenny this means that he is free at last, home in Scotland, with the opportunity to restart his life. He never had to admit to anything he didn't do, but got at pretty hefty punishment for the minor crime of stealing a plant and for his failures as a baby-sitter. The downside is of course that he doesn't have two half-pennies to his name, and have forsworned himself from ever trying to get any kind of economic restitution for his fate. It is not as bad as it seems, since the press and publishers in Great Britain will be happy to pay for his lifes story in articles and books. It might not make him rich, but it will provide him with enough money to survive and start over.

Those left behind

A relevant question is what this will do for those left behind. That is apart from family and friends in and out of prison.

The general public in Lima Ohio will probably feel relief to at last be rid of this case. But it is not a true closure. The people of Ohio got the raw deal, as Kenny walked but wasn't truly cleared since the state never admitted fault.

Had the state of Ohio owned up to its own faults Kenny's name would have been cleared, he would have judged innocent of all charges, and the state would have taken the responsibility for its mistakes. As a consequence Cynthia would truly have been the victim of a tragic accident, and the grief would have had an outlet. There would have been recriminations, probably anger, but also compassion and a chance to deal with the issues.

Instead the state took the cowardly way out, thereby failing not only Kenny, but also those who still are convinced a grave injustice was committed when he walked. There is responsibility, and the state failed to take theirs - thereby letting not only Kenny, but their own citizens down. There is a lesson here for those wise enough to see it.