Kenneth Richey's Death Sentence Overturned

A federal appeals court has overturned the conviction and death sentence of Kenneth Richey, convicted of killing a two-year-old girl by starting a fire in his ex-girlfriend's apartment building, and ordered the state of Ohio to retry him within 90 days or release him.

The 6th Circuit court of appeals cast doubt on the evidence in the case against Richey, suggesting that a competent expert witness would have "all but demolished" the state's forensic evidence.

"We find that counsel's incompetent handling of the sole forensic expert in this case fell far below the wide range of acceptable professional standards," the court ruled.

Evidence presented at Richey's trial indicated the fire in the apartment complex was started with gasoline or paint thinner, but forensic tests conducted since the trial have determined that no accelerant was found in the carpet where the fire started.

Richey has long maintained his innocence, but admitted that he was intoxicated the night of the fire and does not recall everything that took place that night. His case has attracted widespread interest in the U.S. and in the UK because he has dual citizenship.

Several documentaries have been made about the case since the new fire investigation evidence was revealed. "The Official Kenny Richey Campaign" web site calls the case, "The Crime That Never Was," since it is believed the young girl who died accidentally set the fire herself.

The Ohio Attorney General's office is reviewing the ruling to determine whether to appeal, a spokesperson said.

See Also:
Child Killer's Death Penalty Overturned
The Crime That Never Was
Richey: I'm Not A Killer
Kenny Richey Case - Affidavit from Tony Cafe