Ohio Death Penalty Information

Richey retrial unconfirmed / Putnam County prosecutor still weighing possibilities:  Jim Provance has this updated article in the Toledo Blade, entitled "State plans to retry Richey for 1986 death," noting that Putnam County Prosecutor Gary Lammers has not made a final decision about going ahead with a retrial.  Greg Sowinski has this article in the Lima News, entitled "Lammers considering options in Richey case."  John Seewer has some updated AP coverage here.

Toledo Blade excerpt:
The Ohio attorney general's office said yesterday the state will retry U.S.-British citizen Kenny Richey in the 1986 death of a 2-year-old Columbus Grove girl and will not appeal a court decision overturning his conviction a second time.

But they hadn't gotten Putnam County Prosecutor Gary Lammers on board with that decision before confirming it with reporters on both sides of the Atlantic. He said he still wants a meeting with the attorney general's staff and a chance to talk with members of the victim's family before a final decision is made. Ultimately, it would fall to his office to retry the 43-year-old Scot, although the attorney general's office has offered him its services as special counsel.

We're dealing with a new guard in Columbus as opposed to who we have been dealing with," Mr. Lammers said. It's an all new group down there, and I want to make sure we all have the facts and details." ...

Lima News excerpt:
Putnam County Prosecutor Gary Lammers said Monday he has yet to decide whether to appeal or retry a man who has spent the past 20 years on death row for the 1986 fire death of a 2-year-old girl.

Lammers wants to meet with officials from the Ohio Attorney General's Office to discuss all options, which include appealing a court ruling that overturned Kenneth Richey's conviction and ordered he be retried or released within 90 days.

Lammers also will discuss the option of retrying Richey and will ask for help if he does retry the case, he said. He hopes to meet with state officials this week, ponder his options and make a decision, he said.

"I want to have a plan. I want to have a roadmap as to where we're going with this. And that needs to be done as soon as possible," he said.

He also will talk to the victim'€™s family to see how they feel about the options available.

...Lammers plans to explore the option of whether he can seek the death penalty against Richey. He is not sure what charges Richey would face until he reviews all the evidence, but it could be something such as the original charges of aggravated murder, aggravated arson and child endangering, he said.

Lammers said he wants to make a decision sooner than later. ...

"I don't want this lingering out there," he said. ...

(Earlier coverage of Richey case proceedings here.)

 

 

More on Richey retrial proceedings:  Jim Provance has this article on the Toledo Blade website, entitled "State to retry Kenneth Richey for 1986 arson murder."  John Seewer has some coverage for AP here.

Toledo Blade excerpts:
The state is opting not to appeal a recent federal court ruling overturning the conviction of Scotsman Kenneth Richey and will proceed to retry him in the 1986 arson death of a 2-year-old Putnam County girl, the Ohio attorney general’s office said this morning.

Brian Laliberte, chief of the criminal division, said a late Friday brainstorming session led the office to the conclusion that it would be unlikely that the U.S. Supreme Court would agree to hear an appeal in the case a second time.

He said he expects the U.S.-British citizen to be transferred from death row to the county jail pending retrial. But Mr. Laliberte said the prosecution will oppose his release from jail on bond. Richey has spent 21 years in prison for the crime.

“Mr. Richey was convicted once,’’ he said. “We realize the 6th Circuit ruled that his counsel was inadequate, but Mr. Richey has been proven a dangerous individual. He’s got some ability to flee. He has become a cause celebre for some folks who might help him flee jurisdiction.

“He’s been in prison a long time,’’ Mr. Laliberte said. “Letting him stay in prison until we retry him, especially considering that the crime caused the death of a 2-year-old girl, is warranted.’’

...The state is waiting for the U.S. District Court to formally issue its retry-or-release order in line with the 6th Circuit’s directive. That would start a 90-day clock for the state to retry him.

Mr. Laliberte said the state believes it must begin proceedings toward trial and does not have to have the trial underway or completed in that time. Mr. Richey’s lawyer, however, has taken the opposite view, and the dispute will likely be decided by a judge.

County Prosecutor Gary Lammers’ office would retry the case, but the attorney general’s office has offered its assistance as special counsel.

Mr. Laliberte said the state still expects to introduce arson evidence, but he declined to say which evidence will be presented. The 6th Circuit had been highly critical of the defense attorney’s failure to adequately challenge what it characterized as questionable arson evidence.

(Earlier coverage here and here.)

More on expected retrial for Kenny Richey:   BBC News has this story, entitled "US retrial for Scot on death row."  The Edinburgh Evening News has this article, entitled "Death Row Scot's mum tells of delight at retrial news."

BBC News excerpt:
...Richey's lawyer Ken Parsigian told the BBC Scotland news website that over the past 20 years their case had steadily weakened.

He said: "It is important to remember that the State offered Kenny a plea bargain 21 years ago that would have had him out in 11 years.

"So at some level, they thought that was sufficient for their view of the case (not ours) that a drunk guy started a fire in a cockamamie scheme to have it burn through the floor and kill his ex girlfriend, and a little girl was tragically killed instead.

"Even if you believe that is what happened, and we intend to prove it is not, 21 years is ample, indeed, heavy punishment for that offence. The facts of the State's own theory simply do not support more punishment, let alone the death penalty.

"Thus, while I don't expect to convince the State of Kenny's innocence even after we have convinced a jury (which we will), I would expect them to evaluate the weakness of their case, the strength of ours, the time Kenny has already served, the punishment in comparable cases, and the cost to the State in retrying this case.

"I hope that when they weigh all those factors they will conclude that it is time to walk away and let Kenny start living the rest of his life right now."

Amnesty International Scotland director, John Watson said: "Whilst Kenny's original trial can be held up as a model of shoddy justice, the eyes of the world will be on this new case, which must be seen to meet the most stringent standards."

Retrial of Kenny Richey apparently in works

The UK Sun reports here that the Ohio attorney general has decided not to appeal the most recent ruling by the US 6th Circuit Court of Appeals voiding the conviction and death sentence of Ohio death row inmate Kenny Richey.  According to the report, a decision has been made by the Ohio AG and the Putnam County prosecutor to proceed with a retrial.  The Scotsman, com has this story, entitled "Kenny Richey hopes to be a free man in next seven days."

Sun excerpt:
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. ...

Note:  According to a reliable source this morning, the report of the decision not to pursue an appeal of the recent 6th Circuit three-judge panel ruling is accurate.  Waiting for further clarification of other information in the news reports.

Update:  According to one of Richey's attorneys, they are waiting for confirmation (expected on Monday) of the decision to retry Richey.  The news report of the retrial decision is assumed to be accurate because the appropriate individual is quoted in the Sun article.

• August 10, 2007 ruling by US 6th Circuit Court of Appeals ordering retrial or release of Richey here (19-page pdf).
• Earlier posts on Richey case here.

 

Jennifer Veitch commentary on latest ruling in Kenny Richey case.  UK Scotsman commentator Jennifer Veitch has this piece, entitled "Freedom for innocent Richey is long overdue."

Excerpt:
...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?

(Earlier coverage of US 6th Circuit Court of Appeals August 10 ruling ordering retrial or release of Kenny Richey here, here, here.)

More coverage of yesterday's US 6th Circuit ruling in Richey case:  Jim Provance has this expanded coverage in the Toledo Blade, entitled "Kenneth Richey must be retried or released; U.S.-British citizen in prison in arson death of 2-year-old."  Greg Sowinski has this article in the Lima News, entitled "Richey wins again, death penalty conviction tossed."  Reuters has this story, entitled "U.S. court overturns Scot's death row conviction."  The Scotsman.com has this article, entitled "Richey's hopes raised after US court quashes murder vedict."  Andrew Gumbel has this article in the Belfast Telegraph, entitled "Freedom beckons for Scot who has spent 20 years on death row."  Brian Donnelly has this coverage in the UK Herald, entitled "Death row Scot could taste freedom as conviction is overturned."

Toledo Blade excerpt:
...County Prosecutor Gary Lammers said he assumes the Ohio attorney general will ask the U.S. Supreme Court to hear another appeal. Otherwise, he said he is likely to stick with his decision in 2005 to retry the case in the wake of the 6th Circuit’s first order.

“Each day that goes by makes it potentially more difficult due to the lapse of time, lack of availability, and memory fade that every individual experiences,’’ he said. “I cannot argue that isn’t a concern. Nevertheless, I am comfortable with my initial assertion, and I don’t think things have changed a great deal in the window of time since my June conclusions in 2005.’’

The attorney general’s solicitor general, Bill Marshall, said the office will study the decision before deciding its next step. ...

Lima News excerpt:
...The state has the option of asking the 6th Circuit to reconsider its ruling or ask the full court, not just a three-judge panel to hear the case. Another option would be for the state to appeal to the Supreme Court which is has 90 days to do so once the case is remanded back to the federal district court.

Parsigian said he doesn’t expect the Supreme Court to take the case since it accepts very few cases and only cases that decide an important legal issue.

The only other options would be to retry Richey or set him free.

Ohio Attorney General Deputy Solicitor General Benjamin Mizer said it’s too early to say what route state attorneys will take. Attorneys with the attorney general’s office will meet with Putnam County Prosecutor Gary Lammers to discuss their options, he said.

“I would expect we will try to make the decision sooner than later,” he said.

In the meantime, Richey will remain on death row until a court orders he be moved. Parsigian said he will push to have Richey moved back to the Putnam County jail and seek bail.

Lammers could not be reached for comment Friday.

Parsigian said he anticipates the state will appeal to the Supreme Court but ultimately expects to wind up in a courtroom. He said he is ready to try the case today. He also said Richey is ready and willing to go to trial to have the chance to prove his innocence he has maintained for the past 21 years.

Early media coverage of today's US 6th Circuit ruling ordering retrial or release of Kenny Richey:  Jim Provance has this coverage for the Toledo Blade, entitled "Court rules state of Ohio must retry Richey in Putnam County arson death or release him."  Sky News has this brief article, entitled "Death Penalty Scot's Sentence Overturned."  Dan Sewell has this story for AP, entitled "Federal appeals court again throws out Richey's death sentence."  The UK Sun has this coverage, entitled "Death row Scot's joy."  The UK Metro has this article, entitled "Richey's death sentence overturned."  Adam Fresco has this for the Times Online.

AP excerpt:
A federal appeals court Friday again threw out the conviction and death sentence of a U.S.-British citizen who's been on Ohio's death row for two decades.

The 6th U.S. Circuit Court of Appeals, ordered by the U.S. Supreme Court to reconsider its 2005 ruling in favor of Kenneth Richey, again said Richey received ineffective counsel in his trial for the 1986 death of a northwest Ohio toddler in a fire he was charged with setting. The court gave Ohio 90 days to give Richey, whose case has drawn international attention, a new trial or his freedom.

"We conclude that we properly reached and considered the merits of Richey's ineffective-assistance claim in our prior disposition," wrote Judge R. Guy Cole Jr., joined by Judge Martha Craig Daughtrey. The other judge on the appellate panel, Eugene E. Siler Jr., wrote a separate opinion saying he partly concurred with the majority, but dissented because he didn't believe decisions by lower courts against Richey were contrary to or unreasonable applications of the law.

Ken Parsigian, who argued Richey's appeal, was delighted with the ruling, but said: "The ball is really in the state's court."

The state could appeal the ruling. A message for comment was left with Attorney General Marc Dann's office. ...

Times Online excerpt:
...Clive Stafford Smith, the Legal Director of Reprieve, a charity that provides investigation and legal representation to prisoners facing the death penalty, who has been involved in Mr Richey’s case for ten years, said: “It’s time for the new UK Government to step up the pressure to end this farce.

"The Ohio prosecutors have spent thousands and thousands of dollars trying to keep this plainly innocent man on death row, rather than admit that they made a mistake 20 years ago.

"Let us hope that they do not waste thousands more appealing the decision made by the Sixth Circuit today, but rather let him return to the UK and re-start his life.”

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.

“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.”  ...

Metro excerpt:
...Scottish anti-death penalty campaigner Karen Torley, who has been heavily involved in the long-standing campaign, 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 retrial, 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."

US 6th Circuit Court of Appeals grants relief to Kenny Richey

A 3-judge panel of the US 6th Circuit Court of Appeals has ruled 2-1 (Daughtrey, Cole v. Siler) that Richey's ineffective-assistance-of-counsel claims are not procedurally barred, and has remanded the case to the US District Court for Northern Ohio for Richey's retrial or release within 90 days.  Judge Siler concurred that the IAC claims were not procedurally barred, but dissented in finding the performance of counsel not constitutionally deficient per Strickland v. Washington and Cone v. Bell, and would therefore deny habeas relief.  No information yet on whether the Ohio attorney general will appeal the ruling to the full 6th Circuit Court.

• Today's ruling is here (19-page pdf).
• Some earlier coverage of Richey case here.

Kenny Richey to undergo additional heart testing:  The Scotsman.com has this article, entitled "Latest heart scare leaves Richey facing hospital tests."

Excerpt:
...Death Row Scot Kenny Richey has suffered another heart scare in prison and is set to return to hospital for tests.

It is the latest in a line of health scares for the prisoner following a heart attack in August, which was his third in five years. ...

Scotland TV interview with Kenny Richey:  Scotland TV (STV.tv) marks the start of Ohio death row inmate Kenny Richey's 21st year on Ohio's death row with an exlusive interview (and video clip) here.

Intro:

Death Row Scot Kenny Richey says he believes he will be executed or be back home in Scotland a free man by the summer. He has been locked up 23 hours a day, seven days a week for the last 20 years for a crime he insists he did not commit after he was jailed for murdering a two-year-old girl.

stv was given access to Richey as he prepares to start his 21st year behind bars. ...