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Friday, January 28, 2005
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Son becomes Baxter link to Ohio death row case
Staff Writer
BAXTER -- Sean Richey said it's not totally his dad's fault that he has not seen his son for most of his 19 years of life.
Richey's dad, Kenneth T. Richey, has spent the past 19 years on death row in Ohio. Kenneth Richey was found guilty of murdering his former girlfriend's 2-year-old daughter, Cynthia Collins, by setting fire to her family home in Ohio. The 1986 trial resulted in the death penalty.
Earlier this week, a federal appeals court in Ohio threw out the conviction and death sentence. It was Kenneth Richey's 13th appeal to the court. A three-judge panel of the 6th U.S. Circuit Court of Appeals ruled that Richey must be retried within 90 days or be set free by the state of Ohio. It said the trial court's handling of the case "undermined our confidence in the reliability of Richey's conviction and sentence."
Sean Richey found out about his dad's overturned conviction Thursday at his home in Baxter from a Dispatch reporter. Richey was glad his dad's conviction was overturned.
Richey said he did not know a lot of the details of his dad's past. Kenneth Richey was born in Scotland. Sean Richey said when he was 10 or 11 his mother, Wendy Richey, told him his dad was in prison for killing a girl in a fire.
"My mom told me what he used to be like and that he was not a nice guy," Richey said. "He was abusive and he was always in trouble with the law and he had a quick temper."
Richey said his dad was a Marine in California and when he was discharged, Kenneth and Wendy Richey moved to Brainerd. Sean Richey was born in October 1985 in Brainerd.
Richey did not know when his parents married or divorced. The Scotsman, a Scottish news service, reported the couple divorced two months before Kenneth Richey was arrested and imprisoned. The last time Kenneth Richey saw his son was when he was 4 months old.
Wendy Richey said Thursday she had no comment for this story.
Sean Richey said he received two letters from his father through the years. He said he also heard from his dad's parents. He said his grandparents kept track of him while in school to see how he was doing. Richey said he attended Brainerd High School.
"I know my dad wants to see me," said Richey. "I'd like to see him, too."
The Scotsman reported Kenneth Richey vowed to track down his son once he is released. Sean Richey said he'd like that.
He said, "If you guys (the Dispatch) found me, he should be able to find me. My mom has not been listed in the phone book because of this."
Richey said his mother told him that now that he is an adult he can do what he wants about his dad. Thursday, he said all the information about his dad was overwhelming.
Richey said he would like his dad to meet his 14-month-old daughter.
When asked if Richey thought his dad was guilty of the crime, he said it is too hard to tell at this time. He said he has to get to know his dad before coming to any conclusions.
Kenneth Richey has maintained his innocence in the case. Ten years ago, Richey came within an hour of going to the electric chair before he was granted a stay of execution.
The case received widespread attention in Great Britain, where filmmakers produced two documentaries questioning Richey's guilt. British citizens and politicians have written thousands of letters to news organizations and government offices protesting his conviction.
Amnesty International sought a new trial for Richey, and one member of Britain's Parliament visited Richey on death row in Mansfield, Ohio, last year and asked the governor to review the case.
Kim Norris, spokeswoman for Attorney General Jim Petro in Ohio, said they were reviewing the ruling to determine whether to appeal. State attorneys could ask the full circuit court or the U.S. Supreme Court to consider the case.
The appeals court said Richey's lawyers hired an unqualified forensic expert to investigate the fire and did not adequately challenge the state investigator's handling of that investigation.
"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 said.
"Absent counsel's grave mistakes, there is a reasonable probability that the three-judge panel would have at least had a reasonable doubt as to whether Richey set the fire that ultimately caused the death of Cynthia Collins."
Kenneth J. Parsigian, a Boston lawyer who has argued Richey's appeals since 1993, said his client, notified in prison of the ruling, was delighted.
Richey has spent more than 18 years in jail since the girl's death, Parsigian said. Richey's execution date had been on hold while the appeal was pending.
Parsigian said he hopes the state decides not to retry Richey, given the court's conclusion that evidence was mishandled and the amount of time Richey has already spent in jail.
(This story includes information from The Associated Press.)
JENNIFER STOCKINGER can be reached at jennifer.stockinger@brainerddispatch.com or 855-5851.
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