'Best chance' for death row Scot

Kenny Richey maintains his innocence

Lawyers for a Scot on death row in America are to present fresh evidence in court which they say proves his innocence.

Kenny Richey, from Edinburgh, was convicted in 1987 of an arson attack on an apartment block in an Ohio town that killed two-year-old Cynthia Collins.

The 38-year-old has maintained his innocence during 16 years on death row.

At Wednesday's hearing at the sixth Circuit Federal Court of Appeal in Cincinnati, the second highest court in the US, he will attempt to avoid death by lethal injection.

His lawyer, Kenneth J Parsigian, said he would present scientific evidence which proved that Richey did not start the fire.

The prosecution claimed that Richey started the blaze as a revenge attack on an ex-girlfriend.

Burn patterns

During his trial it led evidence that accelerants, either gasoline or paint thinner, had been used.

Mr Parsigian said the state had also introduced testimony from an assistant fire marshal who said he could tell from the burn patterns that the fire was started using accelerants.

Richey's lawyer at his trial did not put up an expert to counter that evidence.

"We went out and hired the best forensic chemist and the best fire recreation expert in the country," said Mr Parsigian.

Kenny has always understood that this was always his best shot and he is very optimistic

Kenneth J Parsigian
Lawyer

"The forensic chemist, Dr Andrew Armstrong, concluded that if you used the best scientific methods that are standard in the field... there was no evidence of accelerants.

"The samples the state had were not consistent with gasoline and not consistent with paint thinner."

The lawyer said that the state's expert at the trial had used an "idiosyncratic" method which he had invented himself.

"That is what Kenny was convicted on," he said.

Mr Parsigian said his client was now coming before a court with a history of "fair play" towards death row cases.

"Kenny has always understood that this was always his best shot and he is very optimistic," he added.

Lethal injection

"This is our one real chance to convince a court that will listen that Kenny was right and it is time to let him go."

The panel of three judges are not expected to announce their verdict for several months.

If Richey loses the appeal he is expected to die by lethal injection later this year.

His only remaining option would be the US Supreme Court - which rarely quashes individual death row convictions.

Ohio authorities have previously set a date for Richey's execution 13 times.

'Fair trial'

Nine years ago he escaped the electric chair by one hour after a last-minute reprieve.

Richey has twice refused a plea bargain that would have spared his life if he confessed to the crime.

Speaking this week, he said: "I want the opportunity to prove my innocence. I want a fair trial, and I'm not going to give up until I get it or they kill me.

"I'm prepared to die for what I believe in. It's one or the other. There's no in-between for me."

Richey plea for a retrial has been backed by the Pope, former Archbishop of Canterbury Dr George Carey, actress Susan Sarandon and human rights group Amnesty International.