Richey brother hopes new appeal is key to his release

THE brother of former Death Row inmate Kenny Richey has told how he is still confident he will be free from prison in the US and return home to Edinburgh within months - despite losing his most recent court bid.

Tom Richey, who was jailed for 65 years for murdering a man and assaulting another while high on LSD, was hoping to be freed last month after trying to exploit a legal loophole, but a judge ruled that he would have to complete his sentence for murder.

However, 42-year-old Richey, who has already served 24 years, claimed that the judge's actions were "unlawful on several levels", and now plans to mount a fresh appeal by withdrawing his original guilty plea. He believes this could lead to a plea deal for time served as authorities will be unwilling to proceed to a fresh trial.

Richey's lawyers argue that the charge of "attempted felony murder" was not on the statutes of Washington State, and therefore their client should never have been convicted and sentenced for that offence.

At a hearing last month, a judge in Washington State agreed to change the wording of the charges but ruled that "all other terms of the original judgement and sentence shall remain in full force and effect".

In a letter sent to the Evening News from prison, Richey said: "This is unlawful on several levels and it opens my window for a direct appeal."

He added he expects to be back before the judge within three to four months.

"I'll not be re-sentenced," he said. "I'll withdraw my original plea of guilty and be placed in the same position I faced over 24 years ago, minus the attempted murder charge.

"That's when things get interesting. The prosecutor's office has lost or destroyed the evidence in my case. They've previously admitted they can't prosecute me. So what happens? Good question. I suppose a plea deal for time served will be offered."

Richey, who is now imprisoned at Coyote Ridge Corrections Centre in Washington, applied for a transfer to Scotland in 1997 after spending ten years behind bars, but was rejected in part because the Scottish Prison Service could only guarantee that he would spend "a life sentence of 25 years".

Following his conviction in 1986 for shooting two shop workers, Richey spent a year on death row before a plea bargain saw him jailed instead.

His brother Kenny, who famously spent 21 years on Death Row before being released, has already told how he believes his brother should be freed as soon as possible.

He said: "They have taken enough time out of Tom's life already. He made a big mistake but he's paid for it and then some.

"He was only 18 and just a boy when this happened. He's sorry and he's done his time."