Tom Richey 'gutted' as latest bid for freedom fails

THE brother of former Death Row inmate Kenny Richey has been left "gutted" as he described how US judges had turned down his latest bid for freedom.

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 summer after trying to exploit a legal loophole, but the move was blocked by judges.

Now the 42-year-old says the Washington Court of Appeals has denied his motion to fight that decision following a ruling earlier this month.

Richey is now planning to appeal to the Washington Supreme Court following the "unexpected blow" after complaining that the lower court had "ignored the law".

The setback comes as his mother, Eileen Richey, underwent a successful operation at Edinburgh Royal Infirmary on Wednesday in her battle against lung cancer.

Mrs Richey, 66, had part of a lung removed by surgeons after being diagnosed with the disease earlier this year.

In a letter sent to the Evening News before the operation took place, Tom Richey, who is now imprisoned at Coyote Ridge Corrections Centre in Washington, spoke of his desire to see his sick mum.

Mrs Richey, who lives in Dalry, has not been able to visit the US since 1992, and Richey now hopes to sell his prison memoirs to pay for her trip.

Following the latest legal ruling, Richey wrote: "It gutted me. The law entitles me to appeal, yet they ignored the law. I must now motion the state's highest court, the Washington Supreme Court. I would like to think they'll follow their own law, but I thought the same of the Court of Appeal."

Last July, a judge ruled that Richey would have to complete his sentence for murder after throwing out his bid to exploit an alleged loophole in the law.

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.

But 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".

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 mother was diagnosed with lung cancer in January after visiting doctors complaining of a pain in her chest.

Mrs Richey's partner, Brian Stoddart, 60, said: "Eileen had the operation on Wednesday. She had part of her lung affected by the cancer removed.

"I've spoken to the staff nurse and she thought it had been successful.

"We're just pleased that it's been done and Eileen is all right. I've not been able to speak to her yet because she's been too drowsy but I'm hoping to go in again to visit her.

"We know that Tom is very keen for her to go over and visit and she'd like to do that."

Kenny Richey, who spent 21 years on Death Row before being released, returned to the US in April 2009 to be with their father, Jim, who died after a battle with prostate cancer.