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Court
Overturns Conviction of Death Row Inmate Kevin Richey
by Rebecca Doran –
February, 2005
On Jan. 25, Ohio prisoner Kenny Richey—internationally known as the
Innocent Scot on Death Row—was granted a victory by the federal courts.
This ruling in favor of Richey, which overturned his disputed 1987
conviction and sentence of death, was handed down by the Sixth Circuit
Court of Appeals.
This long-awaited judgment follows 18 years of imprisonment, 13
failed appeals, and a death warrant that carried Richey to within one
horrifying hour of execution—when his head was shaved in preparation for
electrocution.
Richey’s conviction, which was heavily pursued by a prosecutor with
personal career interests, was based upon an implausible theory that turned
this innocent working-class immigrant from Scotland into a monster deemed
unworthy of life. He was convicted not by a jury of his peers but by a
panel of three Ohio judges. (See details in the July 2004 issue of
Socialist
Action.)
The prosecutor in this case, Randall Basinger, who at the time of
the criminal trial was also running for judge, captured headlines for
months with his zealous, well-funded campaign to convict what he called a
“psychopathic killer.”
Richey’s conviction was based on an incident that was known by human
rights groups as the crime that never was. It rested on the false
accusation that, in order to seek revenge and ultimately death upon his
former lover who was lying asleep in her bed with a new boyfriend, he set
fire to the apartment directly upstairs.
The prosecutor alleged that Richey knew that a two-year-old child
was sleeping in that same apartment while her single mother was out with
friends. Although Richey’s former lover and new boyfriend escaped unharmed,
the child, Cynthia Collins, died in the blaze.
Richey’s unqualified defense attorney, in a deal with the
prosecution, forfeited his client’s right to a jury trial. He then sat in
silence while Prosecutor
Basinger buried Richey with witness testimony, much of which has
since been recanted or proven untrue.
Another critical mistake made by Richey’s defense attorney was the
failure to provide the court with a vital bit of information that would
have altered the
outcome of the trial: two-year-old Cynthia Collins had a history of
starting fires. In the weeks preceding her death, the child started at
least three separate
fires, all of which were documented by the local fire department.
According to the Jan. 25 decision by the Sixth Circuit, there is
insufficient evidence against Richey on the charge of aggravated felony
murder. The appeals court also stated that the trial counsel was
ineffective in his handling of an expert witness who openly admitted to
spending only 10 hours on the
defense investigation while testifying, perhaps unwittingly, on
behalf of the prosecution.
The Sixth Circuit decision presented the state of Ohio with an
ultimatum to set a date within 90 days to retry the 40-year-old Richey or
release him from
custody. At the time of this writing, the state has not announced
its intentions, but a spokeswoman for Ohio Attorney General Jim Petro said
that lawyers were reviewing the 26-page ruling to determine whether or not
to appeal. In the meantime, Richey waits behind bars, still on death row,
awaiting word on his
possible release.
With the bright light of freedom beginning to shine for Richey, the Edinburgh
native is full of hope. Richey told GMTV (UK television) in an emotional
interview, “I want to lay on the grass and watch the stars. Just
being able to walk out of my front door and go where the hell I want to,
whenever I want to,
without some guard telling me I can’t, or some steel door or bars
stopping me.”
Kenny Richey’s wants are simple: to meet his son, hug his mother,
kiss his fiancée for the first time, and live once again in his beloved
Scotland. He dreams of a pint of beer and a dinner of haggis; he hopes to
take a job as a truck driver or find work in a pub.
But above all, this modest man plans to continue to devote himself
to the cause that will put an end to the death penalty.
Richey also has vowed to seek justice against those who stole 18
years from him. “You will never meet a more bitter or angry individual than
me. Hate and rage seethe through my blood,” he told GMTV. “They took from
me what can’t be given back.”
Richey’s case, which has received international attention, has been
the subject of heavy campaigning by his fiancée, Karen Torley, along with
Amnesty
International and a number of devoted supporters and death-penalty
abolitionists. Richey’s release depends upon continued efforts to put
pressure on the courts and draw international attention to the human rights
violations committed by the U.S. justice system.
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