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Last Updated: Tuesday, 8 February, 2005, 09:25 GMT
State confirms Richey case appeal
Kenny Richey
Kenny Richey has spent 18 years on Death Row in Ohio
Prosecutors in the US have lodged a challenge against the appeal court decision which quashed the conviction of death row Scot Kenny Richey.

The 40-year-old, who is in jail in Ohio, was found guilty in 1987 of killing a two-year-old girl in a fire.

A three-judge panel of the 6th US Circuit Court of Appeals ruled last month that his trial was flawed.

The Attorney General wants the case to be reheard by the entire circuit and is seeking more time to prepare his case.

The three 6th US Circuit Court of Appeals judges said in their ruling that Richey must be retried within 90 days or set free.

It is frustrating because it is dragging it out a bit longer
Karen Torley
Richey's partner

Speaking after the appeal, Richey said he was convinced that the authorities would try to prolong his case as long as possible.

His partner Karen Torley, who lives in Cambuslang on the outskirts of Glasgow, told BBC Scotland's news website that the latest move was no surprise.

"I spoke to Kenny last night and he is just annoyed because he's got another wait. He expected it.

"It is frustrating because it is dragging it out a bit longer."

She said the State was appealing because it did not agree with the appeal ruling and did not want to lose the case.

And she added: "Just because they have asked for it doesn't mean that they are going to get a hearing."

Standard of review

Attorney General Jim Petro has filed the State's motion for a rehearing of the case.

He argued that the original appeal panel had "failed to follow the standard of review contained in the Anti-Terrorism and Effective Death Penalty Act (AEDPA)".

His office said that this federal law requires courts to apply "a deferential standard of review" when considering state convictions and sentences.

"Attorney General Petro believes that the panel failed to apply that deference in overturning Richey's conviction," said a statement from his office.

Human rights

He has asked for a 14-day extension to the time limit to prepare his case for the review.

Richey has received the support of UK MPs and top human rights campaigners during his fight to prove his innocence.

He has always denied murdering his former girlfriend's two-year-old daughter, Cynthia Collins.

He was found guilty of starting a fire at the toddler's mother's apartment in the town of Columbus Grove in 1986.


SEE ALSO:
Freedom call from death row Scot
02 Feb 05 |  Scotland
'Rage' at 18-year death row stay
30 Jan 05 |  Scotland
Attorney considers Richey appeal
26 Jan 05 |  Scotland
Briton's death sentence quashed
25 Jan 05 |  Scotland
Birthday cake for death row man
03 Aug 04 |  Scotland


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