Richey now unlikely to get his day in court

Published on Sunday 12 August 2007 00:48

KENNY Richey's hopes of clearing his name in court could be dashed because a key witness has died and another is suffering from Alzheimer's disease.

The disclosure came only 24 hours after a supreme court in the United States overturned his death sentence for murder and arson imposed almost 21 years ago.

Richey, 43, who grew up in Edinburgh, was found guilty of killing Cynthia Kay Collins, who died in a fire set at her mother's home in Colombus Grove, Ohio, in June 1986.

He has always denied any involvement in the crime, but at one stage was just an hour away from being executed.

The overturning by the court is the second time it has happened, but in 2005 the conviction was reinstated. According to Ohio state law, the prosecution now has 90 days to decide whether to press ahead with a retrial or let Richey go.

Doubts persist over whether the state will opt for a retrial, because if Richey is acquitted it faces a huge lawsuit and, secondly, bringing the case to court again could be difficult.

This is because one witness, a state fire marshal who initially ruled that the blaze was an accident, is suffering from Alzheimer's and is unable to testify. Also, another, unnamed witness has since died. These two facts would prove a major headache for the authorities.

Karen Torley, Richey's former fiance,

said: "The prosecution knows that Kenny will be found not guilty if they go for trial and that could cost them dearly. That is why I think they will not risk it."