|
|
Post by serialkiller on Aug 26, 2007 13:06:50 GMT -5
August 26, 2007
DEATH Row Briton Kenny Richey will face a retrial after US prosecutors revealed they will not challenge a decision to overturn his murder conviction.
Richey, who has spent more than 20 years on Death Row in Ohio, will now be moved to an ordinary county jail.
He will be able to apply for bail and, if successful, he will be set free until his new trial begins.
The development comes after the Sixth Circuit Federal Court of Appeal in Cincinnati announced it was overturning his sentence earlier this month.
State prosecutors could have gone to the US Supreme Court to try to have the decision overturned, but instead decided to stage a new trial.
Brian Laliberte, Ohio deputy first assistant attorney general, said: "We will be retrying Mr Richey in the near future.
"We have taken a look at the Sixth Circuit Court's decision and, after consulting with the Putnum County Prosecutor, we have decided not to appeal the decision of the court."
He said that prosecutors will be preparing their new case over the next two to three months.
The Scot, 43, was sentenced to death on January 27 1987 after he was convicted of starting a fire in which a two-year-old girl died in Ohio in 1986.
He has always protested his innocence and the Sixth Circuit Federal Court of Appeal in Cincinnati overturned Richey's death sentence for a second time on August 10.
Richey was 18 when he left his mother's home in Edinburgh to live with his American father in Ohio.
In July 1986 he was arrested for the murder of two-year-old Cynthia Collins, who died in a fire at her mother's apartment.
The prosecution claimed he started the fire because his estranged former girlfriend and her new lover - supposedly the intended targets - lived in the flat beneath.
Protesting his innocence, Richey refused a plea bargain which would have led to an 11-year sentence for arson and manslaughter.
Richey's lawyer Ken Parsigian said: "Kenny has always wanted a chance to prove his innocence and this will give it to him."
Good luck Kenny from Daniel Lee Siebert
|
|
|
|
Post by MXB on Aug 27, 2007 6:52:58 GMT -5
To Karen Torley
Excellent news Karen. Please pass on good wishes to Kenny from myself & Reese & Caroline Mason. We are all proud of you for what you've done for Kenny.
Malcolm X Brown
Maurice Mason Campaign
|
|
|
|
Post by carolinem on Aug 27, 2007 7:21:58 GMT -5
Reese and I are delighted with this news Karen. Good luck to Kenny and blessings to you for all your hard work in helping to bring justice to Kenny.
Love Caroline & Reese
|
|
|
|
Post by sixteefoor on Aug 29, 2007 2:24:44 GMT -5
This is good news, best wishes to Kenny Richey. Congratulations to Karen Torley for helping Kenny to achieve this new oppportunity for justice. Now let's see Reese Mason given the same chance to prove his innocence.
Jeff and Magda.
U.S. Federal Court Overturns Scottish Citizen's Conviction and Death Sentence
The U.S. Court of Appeals for the Sixth Circuit re-affirmed its 2005 ruling that Kenny Richey's capital conviction and death sentence should be overturned because he received inadequate representation at trial. Richey is on death row for the 1986 arson murder of a two-year-old girl who was in his care, an event that he maintains was an accident.
Richey is a dual citizen of the U.S. and Scotland, having been raised in Scotland before coming to Ohio. The Sixth Circuit ruled 2-1 that Richey's trial attorney failed to adequately challenge questionable arson evidence at trial, noting, "The deficient performance of Richey’s counsel undermines our confidence in the outcome of his trial. . . .
Confronted with evidence debunking the state’s scientific conclusions, the trial court might have had a reasonable doubt about Richey’s guilt, especially where the prosecution’s case depended on a cast of witnesses whose lives revolved around drinking and partying and some of whom might have had their own motives for implicating Richey."
The Court's 2005 ruling was reversed by the U.S. Supreme Court and sent back to the Sixth Circuit to consider whether Richey had lost his right to present evidence of ineffectiveness of counsel that had not been raised in state court. In its ruling this month, the Sixth Circuit held that Richey's claim was proper and reinstated the 2005 order overturning his conviction.
County Prosecutor Gary Lammers said he believes the Ohio Attorney General will ask the U.S. Supreme Court to hear another appeal based on the Circuit Court's latest ruling, but added that retrying the case could be difficult because of the time that has elapsed since Richey's 1987 conviction.
Richey's fight to prove his innocence has spanned more than two decades and has drawn attention in Europe and the U.S. The late Pope John Paul II and a former Archbishop of Canterbury are among those who urged the courts to free Richey, whose efforts to prove his innocence led him to turn down a plea bargain that would have freed him after 11 years in prison.
"Kenny Richey has served 21 years in prison for a crime that never should have been a death penalty case to begin with," said Richey's attorney, Kenneth Parsigian. "The 6th Circuit has twice found he was wrongly convicted. Now is not the time to be vengeful, spiteful, or prideful about prosecutorial skill. It’s time for justice. It’s time to let Kenny move on with his life."
|
|
|
|
Post by MXB on Sept 3, 2007 1:57:44 GMT -5
Ohio Attorney General's Office and Putnam County Prosecutor to retry high profile death penalty case of Kenneth Richey COLUMBUS ~ After thorough consideration and close discussions with the victim's family, Ohio Attorney General Marc Dann and Putnam County Prosecutor Gary Lammers will forego any further appeals to a recent federal court ruling overturning the conviction of Scotsman Kenneth Richey for the 1986 arson death of 2-year old Cynthia Collins. The Attorney Generals Special Prosecutions and Capital Crimes sections have agreed to assist with Putman County in retrying the case in accordance with the 6th Circuit Court of Appeals most recent decision. Best Wishes Karen E Torley www.torley. org_ (http://www.torley. org/) Official Kenny Richey Campaign No Arson No Murder
|
|
|
|
Post by MXB on Sept 3, 2007 2:01:50 GMT -5
OTSE Response to Richey Decision
*For Immediate Release*
*The following statement was released by OTSE President Sister Alice Gerdeman*
*OTSE President Alice Gerdeman Responds To Attorney General's Decision to Re-Try Kenny Richey*
Attorney General Marc Dann's decision not to appeal Kenny Richey's case but rather send it back to Putnam County for retrial moves Mr. Richey one step closer to the justice he deserves. After spending 20 years on Ohio's death row, all the while claiming innocence, and receiving relief *twice* due to ineffective counsel to the extreme of incompetence as well as insufficient
evidence against him, Richey must now face a new trial. It is only fair that this trial is marked by fairness, timeliness and accuracy to ensure the justice that Kenny deserves and was denied 20 years ago.
Concerns of ineffective assistance of counsel and tampered evidence are not unique to Mr. Richey. Doubts remain in many cases, including John Spirko, who has not been awarded a new trial and is in fact under an order of execution. Clearly the system is not working and needs to be examined.
Ohiomust stop all executions immediately to ensure that we are not executing innocent men. During this halt an unbiased commission must be established to thoroughly study issues of fairness and accuracy in Ohio's death penalty system.
The Attorney General's actions come at a time of growing skepticism over executions in Ohio. Litigation continues to examine whether or not Ohio's lethal injection protocol is cruel and unusual punishment and therefore unconstitutional. John Spirko, whose case involves no physical or forensic evidence, has received an historic 7th reprieve as the prosecutors search for any possible DNA to prove his guilt.
The ABA had enough serious concern about Ohio's death penalty, to perform a study of Ohio's practice.
Following this National review, it is imperative for the state of Ohio to take similar action and initiate a comprehensive study.
OTSE invites you to join over 1500 Ohioans on Sept 26th at 12 noon outside the Statehouse calling for a halt to executions - for Richey, Spirko, and the others we may not know about.
|
|
|
|
Post by MXB on Sept 3, 2007 2:04:49 GMT -5
Kenny's Statement regarding Retrial Posted by: KarenETorley@aol.com Sat Sep 1, 2007 Kenny is absolutley delighted with this news and said, "This is what I have waited for, for so long. I want the world to know I am an innocent man and they will know this by the end of this trial." We discussed the obstacles that could still be put in his way by the Prosecution, one being that they could offer a deal rather than have a trial. He was adamant that he will not accept any plea deals. He said, "It would be a waste of time them even asking the question. All I am interested in is having my name cleared. I have not sat here on death row for 21 years proclaiming my innocence, to take any deal now. The evidence proves beyond all reasonable doubt that what I have been saying from day one is correct. I have had offers of deals in the past and I was not interested in them then, and I am not interested in them now. No deal, no matter how sweet it is would make me waiver. Even if they said to me that I could come home to Scotland tomorrow if only I would admit my guilt, I would refuse it. This is a matter of principle, pride and honour. I am an innocent man and I will never admit to doing something I did not do. Not for anything or anyone. The State have been told they have to retry me or free me. I want my trial. Then people will see for themselve the truth. Kenny is really looking forward to having his day in court since he believes as I do that no jury in the land would find him anything but not guilty once they heard the evidence. He is very upbeat and hoping to hear soon when he will be moved to county jail. He is happy that at last things are moving on and is looking forward to the day he gets back to Scotland. He said he is not staying in USA any longer than he has to. "I have never intended staying long in USA, I am coming home to Scotland as soon as I can, that is my home, it is where I belong" ( www.torley. org)
|
|
|
|
Post by tawufubowaw on Apr 12, 2019 17:47:03 GMT -5
|
|
|
|
Post by ediqoowuc on Apr 12, 2019 20:14:25 GMT -5
|
|
