Freedom - Introduction to Kenny Richey: Death Row Scot

On June the third 2005, the remaining judge signed the mandate and the ninety-day countdown came in to effect. This meant that the Ohio authorities had until September the first to release Kenny or retry him. On June the thirtieth, the nineteenth anniversary of the fire that took young Cynthia’s life, the new Putnam County Prosecutor, Gary Lammers, held a news conference and announced that it was his intention to retry Kenny.

Kenny didn’t expect this outcome but it is actually what he has always wanted – the chance to prove his innocence and clear his name.

Typically, however, Kenny’s case was far from over and the US justice system still had many twists and turns ahead. Hopes for a release in 2005 were dashed when prosecutors lodged an appeal in the US Supreme Court in July against the decision to overturn the conviction, stating that the Sixth Circuit Court had exceeded its authority. In November 2005, the Supreme Court then overturned the decision to quash Kenny’s conviction which created another serious delay and a further review by the appeal court. It then took until August 2007 for Kenny’s conviction to be overturned for the second time. Ohio prosecutors then decided that the retrial that Kenny wanted would go ahead.

On 18 September 2007, Kenny was finally moved off Death Row to await his retrial. And with bail set at $10m, there was no way Kenny was getting out of prison early.

Then, finally, after the long years of legal arguments and delays, the emotional highs and lows, the false dawns and bitter disappointments, the last dramatic developments began to unfold in December 2007. Kenny and his legal team agreed a no contest plea bargain to lesser charges. Even then, however, his release was delayed again, this time due to his medical problems and his hopes to be home for Christmas 2007 were dashed. But, for once, this was only to be a temporary setback and, after twenty one years on Death Row, Kenny Richey was finally released from prison on the seventh of January 2008.

And the cold lager tasted very, very good.