Post by MXB on Jul 1, 2007 3:56:37 GMT -5
Today is the 21st year of the fire which killed Cynthia Kay Collins.
Tomorrow it is 21 years since Kenny Richey was arrested and sent to prison. He has never been a free man since.
On June 30th 1986, A two year old child died from smoke inhalation in a house fire at Columbus Grove, Ohio, USA. The Putnam County fire department attended it and was inspected by Fire Marshall Cryer. His report stated that the fire was of accidental cause, with the suggestion that a faulty electric fan had been instrumental in starting the blaze.
http://torley. org/images/ stories/kenny/ files/fire_ report_showing_ accidental_ cause.jpg
Within hours the Fire Marshall ordered, as is common procedure in accidental fires, that the debris be removed to the local dump, an action which indicated the certainty of his assessment that the fire resulted from accidental causage. Cryer released the fire scene for cleaning by the owners of the building by the end of the day on June 30, 1986. At the time the apartment was completely cleaned, Cryer had taken no samples from the apartment for testing by the Ohio Arson Crime Laboratory.
Next day July 1st 1986 Kenneth Richey is charged with child endangerment. His footwear and clothing are taken for forensic examination. The carpet taken to the town dump is retrieved and placed on the ground, next to the gasoline pump at the Police yard, prior to being forensically examined
On July 7th 1986 Richey's footwear and clothing are returned from forensic examination after testing negative for accelerants.
On July 10th 1986 Prosecutor Basinger convinces the "experienced" Fire Marshall Cryer that his initial assessment of accidental cause is inaccurate. Arson was, in his opinion, the cause. Randall Basinger persuades the Grand Jury, in the absence of credible forensic evidence, and irrespective of the negative Forensic Test results on Richey's person, clothing or footwear, and based on a highly improbable theory of events, to indite Richey on the following charges :-
On July 10, 1986, a grand jury indicted Richey for aggravated murder with a felony murder death penalty specification, aggravated arson, breaking and entering, involuntary manslaughter, and child endangering. At Richey's arraignment, Gregory Donohue and William Kluge were appointed as Richey's counsel.
The State's failure to record the grand jury testimony deprived Richey of the ability to prove that Count I of his Indictment was constructively amended.
Richey's motivation, Basinger claimed, was to kill someone in the downstars apartment by the incredible method of setting fire to the upper apartment .
The Grand Jury like some other participants of this case, such as Fire Marshall Cryer, appear all too willing to accept the theories of Randall Basinger without doubt, question or challenge.
On 14th July 1986 , Gregory W . Donohue and William Kluge were appointed by the Common Pleas Court, Putnam County, Ohio (Mittlekamp, J.) to represent capital defendant Kenneth Richey on a five count indictment charging him with, inter alia,aggravated arson and aggravated murder.
23 July 1986 The State of Ohio filed a "Bill of Particulars" , outlining the charges against Richey. The Bill of Particulars changed the State's theory of aggravated murder from the charge contained in Count 1 of the Indictment. Whereas the Indictment charged Richey with the specific intent to kill Cynthia Collins, the Bill of Particulars charged Richey under a theory of transferred intent. The Bill of Particulars stated in pertinent part:
"The purpose to cause the death of another, to-wit: Cynthia Collins arises from the intent of the Defendant to cause the death of Candy Barchet and/or Mike Nichols."
The three-judge panel's finding effectively ambushed Richey, who prepared his defence against one charge only to be convicted of another for which there was no evidence.
On July 27th 1986 the forensic report on the carpet retrieved from the town dump and placed at the Gasoline pump, unsurprisingly showed traces of accelerant.
This development occurs 17 days after Richey is charged with arson.
It should be noted that Fire Marshal Cryer insists that he never considered the fire an "accidental" occurrence. Yet, it is a claim that is both disputed by the building owner, and by the facts.
5th August 1986 Kluge received the Ohio Arson Crime Lab reports on the Richey case.
On 11 September 1986 Kluge retained L. Gregory DuBois as an expert to investigate whether there was evidence that the June 30, 1986 fire at the Old Farm Village Apartments, 631 West Sycamore Street, Columbus Grove, Ohio (the "June 30, 1986 fire") was arson-related.
November 18th 1986 Kluge instructs DuBois to begin his investigation.
December 4th 1986 Kluge finally meets DuBois for the first time to give him the Ohio Crime Lab reports so he could actually begin his investigation. Kluge told DuBois that the budget in the case was very limited and that DuBois could spend only ten hours on the case
12th December 1986
Judge Michael Corrigan told Richey in open court on December 12,1986 that Richey would have to withdraw his jury trial waiver that day if he intended to do so. however, a criminal defendant may withdraw his or her waiver of the right to a jury trial "at any time before the commencement of the trial." During this brief exchange, however, the judge failed to inform Richey that if he chose a jury trial, a death sentence could not be imposed unless the verdict was unanimous; the three-judge anel was not required to render a unanimous verdict.
Court Transcripts from December 12 1986 also show Basinger was keen to ensure he tried the case personally.
He asked the court to clarify whether Kenny intended to change his mind about waiving his right to a jury trial in favor of a three-judge panel.
He said: "I am under some time constraints in that I would be out of the prosecutor's office in April, and should there be a last withdraw of that waiver it would probably preclude me from trying the case."
22 December 1986, 10 days later - the prosecution offered Kenny a plea bargain of 11 yrs & 4 months in exchange for a guilty plea to the lesser charges. Kenny refused saying "I am not admitting to something I did not do. I want to go to trial".
Had Kenny accepted the deal he would now be a free man, instead he waits 21 years later to find out if he is to live or die by lethal injection in Ohio's Death Chamber.
5th January 1987 Trial Begins. The State called 34 Witnesses. The Defence called 6.
8th January 1987 Kenny Richey found guilty
The panel simply rejected all of the defence's case!
26th January 1987 Penalty Phase of the case sends Kenny to Ohio's Death Row. Next day 27th January 1987 Kenny arrives at Lucasville Prison where Death Row was.
21 years later and Kenny Richey still waits for Justice on Ohio's death row.
There are too many unasked and unanswered questions in the prosecution of this case. A prime source requiring investigation is the performance and motivation of the politically ambitious Randall Basinger. His plea offer to Richey (after his election as judge) which would have seen Kenny freed TEN years ago if he admitted to killing Cynthia Collins. The fact that Kenny Richey, for all his character defects and social inadequacies, refused on principle to accept freedom based on a lie, portrays Randall Basinger in a very poor light and lends credence to the line from "Randy B"
(song) www.fileden. com/files/ 2007/5/22/ 1102677/Pete_ Mckenna-RandyB. mp3
which has Kenny telling Basinger, "I'm a better man than you are, Randy B."
Kenny Richey is another victim of the curse of the American Legal System!
Dollar Ju$tice
"The very best money can buy"
Best Wishes
Karen E Torley
www.torley.org
NOTE: Maurice Mason has the same trial lawyer and inefficient investigation as Kenny Richey.
Tomorrow it is 21 years since Kenny Richey was arrested and sent to prison. He has never been a free man since.
On June 30th 1986, A two year old child died from smoke inhalation in a house fire at Columbus Grove, Ohio, USA. The Putnam County fire department attended it and was inspected by Fire Marshall Cryer. His report stated that the fire was of accidental cause, with the suggestion that a faulty electric fan had been instrumental in starting the blaze.
http://torley. org/images/ stories/kenny/ files/fire_ report_showing_ accidental_ cause.jpg
Within hours the Fire Marshall ordered, as is common procedure in accidental fires, that the debris be removed to the local dump, an action which indicated the certainty of his assessment that the fire resulted from accidental causage. Cryer released the fire scene for cleaning by the owners of the building by the end of the day on June 30, 1986. At the time the apartment was completely cleaned, Cryer had taken no samples from the apartment for testing by the Ohio Arson Crime Laboratory.
Next day July 1st 1986 Kenneth Richey is charged with child endangerment. His footwear and clothing are taken for forensic examination. The carpet taken to the town dump is retrieved and placed on the ground, next to the gasoline pump at the Police yard, prior to being forensically examined
On July 7th 1986 Richey's footwear and clothing are returned from forensic examination after testing negative for accelerants.
On July 10th 1986 Prosecutor Basinger convinces the "experienced" Fire Marshall Cryer that his initial assessment of accidental cause is inaccurate. Arson was, in his opinion, the cause. Randall Basinger persuades the Grand Jury, in the absence of credible forensic evidence, and irrespective of the negative Forensic Test results on Richey's person, clothing or footwear, and based on a highly improbable theory of events, to indite Richey on the following charges :-
On July 10, 1986, a grand jury indicted Richey for aggravated murder with a felony murder death penalty specification, aggravated arson, breaking and entering, involuntary manslaughter, and child endangering. At Richey's arraignment, Gregory Donohue and William Kluge were appointed as Richey's counsel.
The State's failure to record the grand jury testimony deprived Richey of the ability to prove that Count I of his Indictment was constructively amended.
Richey's motivation, Basinger claimed, was to kill someone in the downstars apartment by the incredible method of setting fire to the upper apartment .
The Grand Jury like some other participants of this case, such as Fire Marshall Cryer, appear all too willing to accept the theories of Randall Basinger without doubt, question or challenge.
On 14th July 1986 , Gregory W . Donohue and William Kluge were appointed by the Common Pleas Court, Putnam County, Ohio (Mittlekamp, J.) to represent capital defendant Kenneth Richey on a five count indictment charging him with, inter alia,aggravated arson and aggravated murder.
23 July 1986 The State of Ohio filed a "Bill of Particulars" , outlining the charges against Richey. The Bill of Particulars changed the State's theory of aggravated murder from the charge contained in Count 1 of the Indictment. Whereas the Indictment charged Richey with the specific intent to kill Cynthia Collins, the Bill of Particulars charged Richey under a theory of transferred intent. The Bill of Particulars stated in pertinent part:
"The purpose to cause the death of another, to-wit: Cynthia Collins arises from the intent of the Defendant to cause the death of Candy Barchet and/or Mike Nichols."
The three-judge panel's finding effectively ambushed Richey, who prepared his defence against one charge only to be convicted of another for which there was no evidence.
On July 27th 1986 the forensic report on the carpet retrieved from the town dump and placed at the Gasoline pump, unsurprisingly showed traces of accelerant.
This development occurs 17 days after Richey is charged with arson.
It should be noted that Fire Marshal Cryer insists that he never considered the fire an "accidental" occurrence. Yet, it is a claim that is both disputed by the building owner, and by the facts.
5th August 1986 Kluge received the Ohio Arson Crime Lab reports on the Richey case.
On 11 September 1986 Kluge retained L. Gregory DuBois as an expert to investigate whether there was evidence that the June 30, 1986 fire at the Old Farm Village Apartments, 631 West Sycamore Street, Columbus Grove, Ohio (the "June 30, 1986 fire") was arson-related.
November 18th 1986 Kluge instructs DuBois to begin his investigation.
December 4th 1986 Kluge finally meets DuBois for the first time to give him the Ohio Crime Lab reports so he could actually begin his investigation. Kluge told DuBois that the budget in the case was very limited and that DuBois could spend only ten hours on the case
12th December 1986
Judge Michael Corrigan told Richey in open court on December 12,1986 that Richey would have to withdraw his jury trial waiver that day if he intended to do so. however, a criminal defendant may withdraw his or her waiver of the right to a jury trial "at any time before the commencement of the trial." During this brief exchange, however, the judge failed to inform Richey that if he chose a jury trial, a death sentence could not be imposed unless the verdict was unanimous; the three-judge anel was not required to render a unanimous verdict.
Court Transcripts from December 12 1986 also show Basinger was keen to ensure he tried the case personally.
He asked the court to clarify whether Kenny intended to change his mind about waiving his right to a jury trial in favor of a three-judge panel.
He said: "I am under some time constraints in that I would be out of the prosecutor's office in April, and should there be a last withdraw of that waiver it would probably preclude me from trying the case."
22 December 1986, 10 days later - the prosecution offered Kenny a plea bargain of 11 yrs & 4 months in exchange for a guilty plea to the lesser charges. Kenny refused saying "I am not admitting to something I did not do. I want to go to trial".
Had Kenny accepted the deal he would now be a free man, instead he waits 21 years later to find out if he is to live or die by lethal injection in Ohio's Death Chamber.
5th January 1987 Trial Begins. The State called 34 Witnesses. The Defence called 6.
8th January 1987 Kenny Richey found guilty
The panel simply rejected all of the defence's case!
26th January 1987 Penalty Phase of the case sends Kenny to Ohio's Death Row. Next day 27th January 1987 Kenny arrives at Lucasville Prison where Death Row was.
21 years later and Kenny Richey still waits for Justice on Ohio's death row.
There are too many unasked and unanswered questions in the prosecution of this case. A prime source requiring investigation is the performance and motivation of the politically ambitious Randall Basinger. His plea offer to Richey (after his election as judge) which would have seen Kenny freed TEN years ago if he admitted to killing Cynthia Collins. The fact that Kenny Richey, for all his character defects and social inadequacies, refused on principle to accept freedom based on a lie, portrays Randall Basinger in a very poor light and lends credence to the line from "Randy B"
(song) www.fileden. com/files/ 2007/5/22/ 1102677/Pete_ Mckenna-RandyB. mp3
which has Kenny telling Basinger, "I'm a better man than you are, Randy B."
Kenny Richey is another victim of the curse of the American Legal System!
Dollar Ju$tice
"The very best money can buy"
Best Wishes
Karen E Torley
www.torley.org
NOTE: Maurice Mason has the same trial lawyer and inefficient investigation as Kenny Richey.