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A British citizen who spent 20 years on death row in the American state of Ohio has accepted a plea bargain and is expected to be freed in time for Christmas.
Kenneth Richey, whose case prompted the intervention of Tony Blair, the Pope, the European Parliament and Amnesty International, was convicted of setting a fire that killed his ex-girlfriend's 2-year-old daughter in 1986.
In August this year that conviction was quashed by a federal appeals court after doubts were cast on the testimony of witnesses, the scientific evidence was shown to be unsound and Mr Richey's defence lawyer at the trial was ruled incompetent.
The 43-year-old Scot, who has seen around 15 appeals fail in the past two decades, is likely to be released within days according to his lawyer.
Ken Parsigian said: “It is the greatest Christmas present that I or Kenny could have have asked for.
“The State wanted him to plead guilty and he would not do that. They have agreed to drop murder, to drop the arson and took the most basic minor face-saving deal of no contest. There was nothing left for them to fight about.”
“Kenny is excited and he is thrilled. He is a little nervous as he now has to find a way to get back into the real world.”
Mr Richey, who is a British and an American citizen, will plead no contest to attempted involuntary manslaughter, child endangering and breaking and entering tomorrow. He is expected to be sentenced to time already served.
Alistair Carmichael, a Scottish MP who had campaigned for Mr Richey’s release and visited him on death row, described the news as a “tremendous result”.
“The reality of somebody who is kept locked up in a cell for 23 hours a day for 19 years is quite mind-blowing,” he said.
“It is a dreadful, inhumane and dehumanising system. If one man is off it, then remember there are hundreds of people in America still enduring that dreadful situation.”
Mr Richey had left his mother's home in Edinburgh aged 18 to go and live with his American father in Ohio.
American officials accused Mr Richey of setting fire to the flat above the one belonging to his former girlfriend in the Ohio town of Columbus Grove with the intention of killing her and her new boyfriend. The only victim was Cynthia Collins, 2, who had been left at home alone.
Mr Richey always protested his innocence and lawyers argued that the only evidence was circumstantial. Authorities initially ruled that the fire was accidental, but claimed at trial that Mr Richey had started it deliberately by pouring paint thinner and petrol on to the carpet and setting fire to it.
In 1996 arson experts said that the ruling was based on "unsound scientific principles" and that the fire was probably the result of smoking materials being discarded carelessly.
Amnesty claimed that the toddler was known to have played with lighters, cigarettes and matches and had started at least three fires.
Mr Richey was partly convicted because he had been at a party in the same complex as his former girlfriend's flat on the night of the fire and he was accused of having previously threatened to burn down the building.
The trial was conducted by three judges without a jury on the advice of the defence lawyer. Prosecutors credited him with trying to save the toddler, but the judges refused to accept that.
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Hey Ken,
I was in the cell u right below you in putnam county jail, and supported you every time you would come down *fists in the air* (or talk w/ u through the 2 way control mirror) Hope all is going well for you! I believe you fought hard to prove you were innocent! Peace Man
Hammon, Napoleon, USA
Well, he DIDN'T burn up the child after all, so what exactly are you driving at, Ry? Are you proud of the legal systems of some American States, which have a right to mentally torture anyone, including an innocent, for twenty years and finally put him/her to death on the basis of mere hearsay, without any reasonable and physical evidence?
I am not against death penalty in cases of particularly hideous crimes... provided it is only applied when anyone in his/her own mind cannot possibly doubt the accused person is guilty.
Welcome back to Scotland the Brave, Kenneth !
François, Strasbourg, France
I am an American. Our health care system isn't as good as yours, unless you're rich.
Bryan, Madison, WI,
Apparently his release is now being held up due to heart trouble. Lucky for him he's still in America and will get A+ medical care. If he had gotten back to the UK with this problem he'd have to wait 6+ months just to see some quack doctor that might be planning on blowing up London the very same day.
Bobby, London, UK
100 million dollars for burning up a child-- is that the going rate? He should count his blessings and move on. The child was given no such option, neither were her parents.
Ry, Clearlake, California
The death penalty once again proven to be a flawed instrument of justice.
However these cases are never clear cut - and someone who threatens to burn down a building surely is not the most pleasant character in the world
Richard, London,
This is outrageous. I am in favour of the death penalty but this is surely a valid argument against. The US 'justice' system needs an overhaul.
Nick O, Varna,
this man surely need to be paid a stunning $100m for him to have his life back to track, he also has to be entitled to psychological enhancement therapies freely.
moses, london, london
Kenny
well, well, you have shown the world some deep flaws with the American Judicary system.
I trust when you are home to Scotland you may want to put your face to the Scottish wind and breathe fresh air again.
My ancestors from there will stand beside you, hold you up and the pipes sing.
Quentin Todd, Hamilton, New Zealand