OHIO, USA. APPEAL SETBACK FOR RICHEY
the decision to overturn the conviction of death row Scot Kenny Richey was to be appealed to the US Supreme Court, prosecutors announced.
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the decision to overturn the conviction of death row Scot Kenny Richey was to be appealed to the US Supreme Court, prosecutors announced.
It was reported that earlier in the week the Sixth Circuit Court of Appeals in Cincinnati refused a request to rehear the appeal.
Richey's lawyers had hoped he would be moved from death row - where he had spent 18 years.
But a legal move by Ohio's attorney general stopped the clock ticking on the deadline for his release.
Prosecutors had been given 90 days to retry Richey, 40, or set him free.
The deadline was set in January when the Sixth US Circuit Court of Appeals overturned the conviction because judges said "constitutional errors" had undermined their confidence in its reliability.
Prosecutors had wanted the appeal to be reheard, but that request was refused by the Sixth Circuit Court of Appeals in Cincinnati on April 18.
That meant that the only remaining option for prosecutors was to ask the Supreme Court to intervene.
Ohio Attorney General Jim Petro filed a "stay" with the Sixth Circuit Court of Criminal Appeals - a move which meant Richey could not be released.
Mr Petro said: "We believe the evidence supports the just conviction of Kenneth Richey.
"Ohio Courts have reviewed this case and found the evidence supports that Richey set the fire intending to kill his girlfriend but ended up killing two-year old Cynthia Collins."
It was reported that earlier in the week the Sixth Circuit Court of Appeals in Cincinnati refused a request to rehear the appeal.
Richey's lawyers had hoped he would be moved from death row - where he had spent 18 years.
But a legal move by Ohio's attorney general stopped the clock ticking on the deadline for his release.
Prosecutors had been given 90 days to retry Richey, 40, or set him free.
The deadline was set in January when the Sixth US Circuit Court of Appeals overturned the conviction because judges said "constitutional errors" had undermined their confidence in its reliability.
Prosecutors had wanted the appeal to be reheard, but that request was refused by the Sixth Circuit Court of Appeals in Cincinnati on April 18.
That meant that the only remaining option for prosecutors was to ask the Supreme Court to intervene.
Ohio Attorney General Jim Petro filed a "stay" with the Sixth Circuit Court of Criminal Appeals - a move which meant Richey could not be released.
Mr Petro said: "We believe the evidence supports the just conviction of Kenneth Richey.
"Ohio Courts have reviewed this case and found the evidence supports that Richey set the fire intending to kill his girlfriend but ended up killing two-year old Cynthia Collins."
— SOURCES
- (Sources: BBC, 22/05/2005)
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