Kenny Richey Case

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Freedom for innocent Richey is long overdue

JENNIFER VEITCH

IT is just over 21 years since a little girl called Cynthia Collins died in a house fire in the city of Columbus, Ohio. In ordinary circumstances, her memory would have been laid to rest a long time ago, living only in the hearts of her family.

Instead, Cynthia's tragic death is remembered every time one of the most notoriously unsafe convictions in America is reported around the world.

It's been obvious for many years now that Kenny Richey not only didn't intend to kill this innocent little girl, but also couldn't possibly have started the fire that prosecutors alleged he set in a failed attempt to murder his ex-girlfriend and her new boyfriend in the flat below Cynthia.

All the evidence that has come to light over the years suggests that the fire wasn't started deliberately at all; it was nothing more than a terrible accident, most likely caused by a discarded cigarette. Experts are queuing up to attest to this, yet thanks to due process, Richey remains on Death Row while his lawyers battle to free him and clear his name.

In recent days, there has been a glimmer of hope. For the second time, Richey's legal team have managed to convince the appeal courts that the conviction is unsafe. On August 10, the US Court of Appeals for the Sixth Circuit overturned the conviction, and ruled that the state of Ohio had 90 days (now 84 and counting down) to retry him or release him.

The judges who were tasked with reviewing Richey's case, looking at whether mistakes made by his defence lawyer could have prejudiced his trial, have made their views crystal clear. Any decent lawyer should have challenged the state's evidence on the cause of the fire but Richey's public defender, Bill Kluge, failed to do this.

"There can be little doubt that Richey was prejudiced by his counsel's deficient performance, " two of the judges write. "There is a reasonable probability that, had his counsel mounted the available defense [sic] that the fire was caused by an accident, and was not the result of arson at all, the outcome of either the guilt or the penalty phase would have been different."

While the judges accepted that circumstantial evidence including witness testimony might still have led to a conviction - although it seems doubtful it would have led to a sentence of death - they point out that witnesses are not always believed.

"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."

These quotes are only two very brief extracts from a 19-page judgement - but these alone would be enough to raise reasonable doubt.

This latest decision has been described by Richey's current legal team as "a giant leap over a giant hurdle". But the celebrations are on ice as Richey's supporters know from bitter experience that the prosecution are more than likely to appeal the decision. And so the waiting for justice looks likely to go on for months, if not years, more.

Enough is enough. After three heart attacks, Richey's health is nearly broken. His youth has gone; his chances of rebuilding his life into some semblance of normality are slipping away with each passing day in his tiny concrete cell.

It's high time the US authorities admitted that they have made a terrible mistake and release him. And while the US courts must follow their procedures, the Ohio state governor, and indeed the President, have the power to act now. The question is, is the British Government doing anything to persuade them

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Death Penalty Scot's Sentence Overturned

Friday August 10, 2007

A Scotsman who has been on death row in the US for more than 20 years has had his death sentence overturned on appeal.
Kenny Richey

Kenny Richey was convicted of arson and the murder of a two-year-old girl in the state of Ohio in 1986 and sentenced to death on January 27, 1987, but has always protested his innocence.

A federal court of appeal in Cincinnati overturned Mr Richey's death sentence.

The state of Ohio may now release Richey or re-try his case within 90 days.

The appeal was one of the last available to Richey.

John Watson, director of Amnesty International Scotland, said: "This is fantastic news and represents the opportunity that Kenny's long fought for - the chance to clear his name in a proper trial.

"Nobody should be sent to the living hell of death row, but Kenny Richey's 20-year ordeal came after a flawed trial and serious concerns about the Ohio justice system."

Richey, now 43, was 18 when he left his mother's home in Edinburgh to live with his American father in Ohio, where he joined the US Marines.

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 inthe flat beneath.

Protesting his innocence, Richey refused a plea bargain which would have led to an 11-year sentence for arson and manslaughter.

http://torley. org/The-short- list-of-high- points-in- the-case. html

The short list of high points in the case

Here are some of the most striking facts of the case:

*Kenny had broken his hand a week earlier and it was in a plaster
cast. A witness also saw him drunk, collapsing in the bushes outside the apartment block. He could hardly have climbed up a steep roof on a shed, over to a balcony and into the flat holding gas cans without making a lot of noise - if at all.

*His ex girlfriend and her new boyfriend, who claimed to be light sleepers, had heard nothing even though their bedroom window was open and just meters from the shed.

*No traces of accelerants could be found on Kenny's clothing or
boots, even though he were supposed to have splashed such liquids over the carpet and floor. Nor were any gas-cans ever found, and the person from whom such should allegedly have been stolen couldn't tell if he were missing any.

*No evidence that Kenny disabled the smoke alarm was presented, in fact one of Hope's friends reported that the smoke alarm had been disconnected earlier during the day. Nevertheless the panel of Judges stated that the disconnecting of the smoke alarm made the crime premeditated - which was the basis for the Death Penalty verdict.

*The building owner were authorized to gut the flat. Had arson been suspected, no such authorization would have been given - the flat would have had to be sealed off for investigation. As it is, evidence was taken to the dump and then later to the local
sheriff's forecourt where it was placed near a petrol pump.

* The local fire chief had been called to the flat on three separate
occasions in the preceding weeks to investigate the mysterious appearance of smoke in the flat. Moreover Cynthia Collins had started fires in the flat more than once. The defense didn't get this information.

*The forensic tests that had initially been carried out on the
carpet were wholly unreliable - affidavits testifying to this fact was given by two of Americas most respected scientists in the field and submitted on appeal. Tests on the carpet made by the same scientists showed no ignitable substances at all. They also testified that the characteristics left by the fire in the flat were not consistent with arson but with accidental fire.

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KENNY RICHEY CASE: NEW APPEAL VICTORY HAILED AS OPPORTUNITY TO CLEAR NAME

Death row Scot told by US court he will be released or re-tried within 90 days

Amnesty International UK and other anti-death penalty campaigners have welcomed the decision of a court in the USA to overturn - for a second time - the conviction of Kenny Richey, a Scottish man on death row in Ohio. The organisation is now calling for Mr Richey to be allowed a proper re-trial or be released as soon as possible.

Earlier today the 6th Circuit Federal Court of Appeal in Cincinnati ruled that Mr Richey’s death sentence has been overturned. The state of Ohio may now release Mr Richey or re-try his case within 90 days. A similar decision was made in 2005 but was later challenged and set aside.

The appeal was one of the last available appeals open to Richey. Mr Richey was convicted of arson and murder in the state of Ohio in 1986 and sentenced to death on 27 January 1987. He has been on death row since then - over 20 years - but has always protested his innocence.

Evidence has since emerged casting serious doubt on Mr Richey's guilt.

Amnesty International Scotland Director John Watson said:

This is fantastic news and represents the opportunity that Kenny's long fought for - the chance to clear his name in a proper trial.

Nobody should be sent to the living hell of death row but Kenny Richey's 20-year ordeal came after a flawed trial and serious concerns about the Ohio justice system.

On the one had it is disturbing that it has taken this long for Ohio to look again at Kenny's case - but now at least Kenny may be on the road to release.

Mr Richey, who has a Scottish mother and grew up in Edinburgh, is also the subject of a longstanding campaign from a Scottish anti-death penalty campaigner, Karen Torley. Ms Torley said:

I am absolutely delighted at today's news - it's been a long, long time coming.

We're now hoping that he does get a re-trial, so that Kenny actually has the chance to clear his name.

I have always had full confidence in the fact that Kenny is absolutely innocent - and now Kenny's now one vital step closer to proving that to the world.

For several years Amnesty International has been urging the Ohio state authorities to allow Kenny Richey the opportunity to have fresh evidence heard. It has also repeatedly asked the UK government to maintain pressure on the US authorities in line with the government's policy of opposing the death penalty in all instances. In 2004 the government confirmed that it has a comprehensive lobbying strategy over Richey's case.

Further information, comment and interviews:
Amnesty International Scotland: John Watson, 0131 313 7014, [e-mail]

Amnesty International UK (London) press office: 020 7033 1547, 07721 398984, [e-mail]

Other relevant information:

www.amnesty.org.uk/deathpenalty

torley.org/

www.myspace.com/justiceforkennyrichey

Best Wishes

Karen E Torley

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Opinions in the cases listed below were filed today by the U.S. Court of Appeals for the Sixth Circuit:

Richey v. Bradshaw
Northern District of Ohio at Cleveland

www.ca6.uscourts.gov/cgi-bin/newopn.pl?puid=0

The State have 90 days to RETRY OR FREE KENNY

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Official Kenny Richey Campaign Song

Kenny Richey was told in January 2005 that the state of Ohio had 90 days to retry or free him.

Ten months later he was told this was not happening.

Can anyone imagine what it must feel like to think you are days away from being freed after a hellish nightmare of 20 years? Only to be told "no, we are appealing on a techincality"?

This song was written several years ago and it sums the case up. Kenny loves the song too.

This song was written because justice seems to be a commodity that can be bought.

This song is called Randy B. It is the official song for this campaign, approved by Kenny Richey.

The writer and singer is Karen Torley's dad.

www.fileden.com/files/2007/5/22/1102677/Pete_Mckenna-RandyB.mp3

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MANCI Bans Kenny's Nudes

Reposted from November 6th 2006

Bad Nudes for Death Row Kenny

Jail bans female fans' saucy snaps [/b

]EXCLUSIVE By Mark Stevenson

Death Row Scot Kenny Richey has been banned from getting pictures of naked women.


Jail chiefs are consficating the saucy snaps he's been recieving from all over the world.

And Last night Richey, 41, moaned, "It's a total bummer."

"After being locked up for 20 years my only highlights were ice cream and the nude photographs I got in my mail."

"I have to say it cheered me up to see women sending in pictures of themselves with no clothes on."

"But after I had heart attacks I had to stop eating ice cream- and now I get hit with this.

"Talk about unlucky."

Richey was livid when he was told the ban had been introduced at Mansfield Correctional Institution in Ohio to stop PAEDOPHILES getting pictures of children. He said, "I think the ban is slightly over the top. It isn't hard to see that the pictures I get are of women, not children.

"However, nobody wants these sick paedos to get their hands on photo's of kids so I suppose I just need to take it on the chin."

Richey has been told he can still see pics of nude women if he buys copies of soft PORN magazines.

He explained,"We are allowed to buy Playboy, which is an interesting read but not as exciting."

Richey was sentenced to death in 1987 for the murder of two year old Cynthia Collins. His conviction was quashed last year- only to be upheld by the US Supereme Court.

The dad of one's appeal against that decision will be heard on January 24th next year.

Next month he launches the website www.deathrow diary.com to urge people to sign a petition to the American government.

He is hoping to win the backing og British and US celebrities.


Richey added, "I cannot wait for the day I get out of here and can go home and give my wife a kiss and give my son a hug

"I wish I could come home and serve my time in a Scottish prison untile I am proved innocent."

A jail spokeswoman confirmed, "We have implemented a ban that means no prisoner can recieve a photograph of a naked person that appears to be a self portrait."

The Scottish Sun

[e-mail]

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Richey's fate is a matter that must concern us all

Reposted from October 10th 2006

Karen Torley

The Scotsman 10 Oct 2006

On World Day Against The Death Penalty, Karen Torley states the case once more for the Scot who has been on death row in the US for 20 years

THERE appears to be some confusion among anti- and pro-death penalty supporters about why I still fight for Kenny Richey and his freedom. I think that today, World Day Against The Death Penalty, is a good opportunity to remind ourselves why I and organisations such as Amnesty International campaign to abolish the death penalty worldwide.

Kenny Richey is the Edinburgh-born man on death row in Ohio. He was convicted in 1987 of arson and the aggravated murder of Cynthia Collins, two. He has been awaiting execution for nearly 20 years and we hope for a positive outcome to the re-hearing of evidence by the Sixth Circuit Court of Appeal in January.

All the scientific evidence suggests that the fire, which tragically
took the life of little Cynthia on 30 June, 1986, was an accidental
house fire. I believe in my heart that, one day, Kenny will be a free
man.

This is about principles, not personalities. The principle is the same today as it has always been for me. I began this campaign because I believe in Kenny Richey's innocence. I have looked at every document there is on this case, not once but many, many times. I have never seen anything that suggests my belief is misguided. My belief in Kenny's innocence is unshakeable.

Kenny has endured much emotional and physical strain. Being wrongfully convicted is a terrible thing, but to take someone's freedom with the threat of taking their very life is an unthinkable thing to endure.

We all know what it feels like to be blamed for something we didn't do or say. Even on small matters, we get indignant and angry that we are being falsely accused of something. Think, then, how Kenny and people in his situation must feel - day in, day out sitting on death row with question marks hanging over their convictions.

Currently, according to statistics from Amnesty International, 129
countries have abolished the death penalty in law or practise. However, we still have about 20,000 people on death row around the world and in November last year, the United States marked a grim milestone of 1,000 executions since 1976, when the death penalty was reinstated.

When we know something is wrong, it is our moral duty to stand up and shout loudly for the people who have no real voice. It is our duty to protect and fight for the vulnerable people in society, wherever they may be.

And Kenny Richey is counted among the people to shout loudly for. He has no real voice of his own because the US authorities will not listen and have not listened to what he has been saying all along.

Once I heard and saw the facts of this case, and many other cases, I could not walk away. I cannot turn a blind eye to this injustice and neither should the UK government or the media. What has happened in the Kenny Richey case is a great injustice.

The state of Ohio has taken 20 years of Kenny Richey's life for a crime that may not have even happened. His youth is gone, his health is deteriorating and it can never be given back to him, no matter how hard he wishes it. The state of Ohio still wants to kill him. The state will continue to appeal, just so it does not have to admit that it sometimes gets it wrong.

Since his conviction, scientific evidence has come to light shedding
doubt on whether the fire that killed Cynthia Collins was arson. It has been argued that the fire could have been started accidentally by faulty electrics.

Unfortunately, this evidence has never been heard in a court of law and Kenny could still be executed without this and other new evidence being examined. This is why Kenny has always called for a retrial, knowing that when all the evidence is heard, it could prove his innocence.

Can anyone imagine the torment and torture of all this? To be rendered helpless and without much hope of the nightmare ever ending?

There has been much interest in recent months in the breakdown of my relationship with Kenny, but this is deflecting attention away from the real issue. Many forget that this is not just a "story"; this is Kenny's life. To be in the pits of despair and alone is the most horrible feeling.

This is Kenny's reality. He is helped by messages from his supporters, but it is an intensely lonely experience. Only he can endure the life he is being forced to live against his will.

Kenny's reality is that he wants this over with, one way or another. Either kill him or let him go free.

There are serious concerns that the crushing uncertainty of his position on death row and the knowledge that he could be executed at any time is having a detrimental effect on his mental and physical health. In July this year, he was rushed to hospital after suffering a heart attack - his third in five years - and underwent an angioplasty procedure and stent implant.

The irony of this situation was not lost on Kenny: that they should
fight to save his life only to put him back on death row. No human being should be forced to exist like this. It is not even living, but merely existing in a nightmare and hoping like hell that you survive it. So if anyone ever wonders again, this is all exactly why I continue to fight for Kenny Richey and others like him.

I believe in his innocence. I believe he was wrongfully convicted and I believe that he will be freed one fine day. I know it will not be easy, but all those who campaign against the death penalty know that.

Nothing worthwhile is ever easy, but the fight for justice is always
worthwhile. It is important now that media and supporters concentrate on the important issues surrounding the Kenny Richey case: the immorality of the death penalty; the injustice of the trial and the inhumanity of keeping someone on death row for nearly half their life.

I know I can count on supporters to continue to write letters of protest and to continue to support the campaign to release Kenny. We should start once more to write to Tony Blair and the governor of Ohio. Together we can help Kenny gain his freedom.

* Karen Torley is an anti-death penalty campaigner

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Another Christmas on Death Row For Kenny (and Reese)

Reposted from September 6th 2006

There has been a ruling by the 6th Circuit Court of Appeals and there will be an oral arguement on Kennys case once more but it will not be until January 24th.

Kenny is devastated that he will spend yet another Christmas on death row. Possibly another two at least due to the way the State of Ohio appeals everything.

I am no stranger to the way The State of Ohio works in these cases. It is just tragic that he will lose even more years of his life because the state will not admit that there was a terrible miscarriage of justice.

Hopefully Kenny will not slip into one of his deep depressions but the more this keeps happeneing the moe he will get depressed.
This is all so very frustrating for us all. Kenny especially.

_http://www.torley.org_ (http://www.torley.org/)

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Kenny Richey Speaks to talk107 from Death Row in a World Exclusive

Friday, 01 September 2006

talk107
29/08/2006

Kenny Richey, the Edinburgh born man sentenced to death in 1987 in Ohio, USA, has spoken on-air to talk107's Mike Graham from his death row cell in Ohio in a world exclusive interview.


In his exclusive interview with Mike Graham during his show this morning at 11.00am on 107.0FM, Kenny Richey confirmed he is continuing his 19 year bid to clear his name.

As he kick-started his new bid for freedom Kenny Richey confirmed he is launching a new website to help fight his case and will be auctioning off his old death row jumpsuit, dog tags and death row recipe book on eBay' to raise money for his campaign.

Also, he talked about his life in prison and the other potential causes of the fire which killed 2 year old Cynthia Collins, for which he was convicted of murder. He confirmed his denial in having any part in the murder and that he is now basing his new appeal on proving his original legal team were incompetent.

He talked about his fond memories of Edinburgh and his desire to return home and get his life back and the fact that he has only seen his 21 year old son once.

Although he did also confirm that he thinks he may never be released and has doubts about whether he could now cope with life in the outside world after 20 years on death row.

He also expressed his hatred for his captors, the US legal system and the US public in general and urges people not to buy American products in protest.


http://www.torley.org_ (http://www.torley.org/)