Kenny Richey's (pictured) story is an incredible one and, aside from the personal tragedies involved, it's often touted as an exposé of flaws in the American legal system, and a powerful argument against the death penalty.
Richey left his native Edinburgh in the early 1980s for a new life in the US. There he married Wendy Amerud, with whom he had a child, and joined the US Marine Corps, but both his marriage and his career faltered, leaving him unemployed and living with his father in Columbus Grove, Ohio. A self-confessed "crazy head in those days", he regularly drank too much and got into fights. He decided to return to Scotland, but just a week before he was due to leave the US the tragic event occurred that would see him behind bars for the next two decades.
In the early hours of 30th June 1986 fire swept through one of Richey's neighbours' apartments at the government-subsidised Old Village Farm housing complex, killing 2-year-old Cynthia Collins. The child's mother, Hope Collins, claimed she'd asked Richey to babysit her daughter before leaving for her boyfriend's home, a claim Richey denied. He maintained he was asleep in the apartment he shared with his father when the fire broke out, and woke to the sound of fire engines before making repeated attempts to save Cynthia. Far from being applauded for his actions, Richey was to find himself charged with arson and murder.
Initial investigations into the fire raised no suspicion of arson, and the cause was deemed to have been an electric fan; therefore, the scene wasn't sealed off and the process of gutting the apartment began. Vital pieces of evidence were removed, first to a dump, and then to the local sheriff's office, where they were placed in the vicinity of a petrol pump.
It was only after a second examination of the scene suggested arson that Richey was arrested and charged. The prosecution claimed Richey had started the fire using petrol and paint thinner stolen from a nearby greenhouse (from which Richey admitted stealing some plants; the owner of the greenhouse was unable to say whether any petrol or paint thinner was missing) in an attempt to kill Candy Barchet, an ex-girlfriend who had been asleep with a new partner in the apartment below the one occupied by Collins. This suggested motive ignored the fact that starting a fire on the storey above an intended victim made no sense, especially since the floors in the apartment building were made out of concrete.
Two witnesses testified they had heard Richey threatening to burn the entire building down, statements they were to retract years later, and an investigation revealed the apartment's fire alarm had been disconnected — indication, the prosecution alleged, of Richey's guilt. Evidence that the device was regularly disconnected because it was activated when food was being prepared in the kitchen wasn't presented at trial.
There have been suggestions Richey became a pawn in a larger political game. The residents of Columbus Grove were outraged by the death of a little girl in their midst, and the ambitious young prosecutor in the case was seeking to make both history and a name for himself by securing the first death penalty in Putnam County since 1874. By contrast, Richey's court-appointed lawyer was inexperienced and made fundamental errors, such as convincing his client to dispense with his right to trial by jury, meaning he would be tried by a panel of judges instead, and failing to put his client on the witness stand.
There have also been accusations that Richey was deemed guilty by association. Weeks before his trial, the panel of judges learned about Tom Richey, Kenny's eldest brother, who had been convicted of shooting two people, killing one of them, while high on drugs. Tom Richey had been sentenced to serve 65 years in a Washington state penitentiary for his crimes.
In January 1987 Richey was found guilty of aggravated arson and murder and was sentenced to death, beginning an interminable series of appeals, execution dates and stays of execution. In 1994 he came within an hour of his scheduled execution time before a stay was granted.
Richey steadfastly protested his innocence from Death Row, over the years rejecting several plea bargains that would have spared him the death penalty, seen him eligible for parole after 6 years, and transferred him to a prison in Scotland respectively — all because he refused to admit to a crime he hadn't committed. He told the BBC, when asked whether he regretted rejecting a plea bargain that would have seen him walk free years ago:
"No, absolutely not. It's a matter of pride and a matter of honour. I'm also stubborn. I'm not about to admit to something I didn't do, not for anything, even my own life, the cost of my own life. I didn't do it — period."

New scientific evidence focusing on the burn patterns at the scene suggested the fire responsible for Cynthia Collins' (pictured) death had started accidentally. Furthermore, it was revealed that Cynthia had a fascination with fire and often played with matches and lighters, resulting in the local fire brigade being called to the apartment on at least two occasions. Such "fire-play" behaviour is sometimes the sign of a neglected, and therefore attention-seeking, child. Hope Collins had previously been investigated by Child Welfare Services over leaving her daughter home alone, and in court she admitted to occasionally drugging the girl with sleeping pills. Collins pled guilty to involuntary manslaughter and child endangering over her role in Cynthia's death, and served 45 days in prison in 1986.
Despite the new scientific evidence, Richey's appeal was dismissed and prosecutor Dan Gershutz made the following incredible statement:
"Even though this new evidence may establish Mr Richey's innocence, the Ohio and United States constitutions nonetheless allow him to be executed because the prosecution did not know that the scientific testimony offered at the trial was false and unreliable."
The campaign to free Richey gained momentum. Supporters over the years ranged from high-profile individuals such as the Archbishop of Canterbury and actress Susan Sarandon, to organisations such as the European Parliament and Amnesty International, the latter of which declared the case "one of the most compelling cases of apparent innocence that human rights campaigners had ever come across".
In press reports Richey talked about the "rage" and "bitterness" he felt at the injustice of his imprisonment. After talking about how he would rather die than confess, he said in 2003:
"You won't find another individual anywhere more bitter than I am. They've taken nearly 17 years of my life, time I could have spent with my family and friends.
I've gone from a 21-year-old kid to a 38-year-old man in here."
A year later, he wrote in a letter to his brother:
"A scene [from the science-fiction film The Matrix] really epitomised the past 18 years of my life. It's when they have Neo, Keanu Reeves, in a room and his lips suddenly stick together and he fights to stretch them apart. He gets up from the table, trying to speak, and he's wrestled down by the bad guys in suits and sunglasses. It's been like that for me for as long as I can remember.
And I'm bitter, Tom, I'm so damn bitter."
Richey's conviction was first overturned in January 2005, when the US Court of Appeals for the Sixth Circuit ruled that he must be retried within 90 days or be set free. The US Supreme Court held that the decision may not have been procedurally correct and asked the court to reconsider. In August 2007 Richey's conviction was overturned for a second time.
He was finally released from prison on 7th January 2008 after entering a "no contest" plea to charges of attempted involuntary manslaughter, child endangering, and breaking and entering. These charges relate to a failure to babysit Cynthia and the breaking into of the neighbour's greenhouse; they do not constitute an admission of guilt in terms of arson or intention to kill anyone.
Richey's innocence wasn't enough to stop Cynthia Collins' aunt from telling him he would "burn in hell", nor her father from saying, "I just wish Cynthia could appeal her death and come back to life." Unsurprisingly, the dead girl's mother remained tight-lipped.
When asked by reporters if there were other innocent people on Death Row, Richey replied that there were "at least 20 innocent people on Ohio's Death Row alone". Pressed for names, he mentioned
John Spirko and
Maurice Mason, adding:
"If you want to know the rest of them, investigate their cases, please."
Even though Richey has finally succeeded in winning his freedom without admitting guilt, the victory is bittersweet. The 43-year-old Scot faces a difficult readjustment: he is free, but suffering ill health after years of the stress of Death Row, he's back home in the country he was always intent on returning to, but 21 years too late, and he's facing a reunion with the son — Sean, now in his early 20s — who must seem like an embodiment of the "21-year-old kid" he was before a miscarriage of justice consumed more than two decades of his life.
Sources:
Torley.org: the official Kenny Richey Campaign,
Wikipedia: Kenny Richey,
BBC News (1),
(2),
The Sunday Herald