Appeals court weighs 1986 fire death case

Testimony from an expert witness was questioned in the appeal.
CINCINNATI (AP) -- The attorney for a U.S.-British citizen on Ohio's death row urged federal judges Wednesday to order the state to either free his client or hold another trial in the death of a 2-year-old girl in a fire two decades ago.
Kenneth Richey, whose death sentence has drawn international attention, has never wavered in his contention that he is innocent, even though he has spent twice as long in jail as if he had taken a deal that had been offered to him in 1986 if he pleaded guilty.
The Cincinnati-based 6th U.S. Circuit Court of Appeals threw out Richey's conviction and sentence in 2005 but was ordered by the U.S. Supreme Court to re-examine the ruling.
Arguments Wednesday before appeals judges focused on evidence developed during appeals about an expert witness's trial testimony. Ken Parsigian, Richey's attorney, said the evidence raised doubts about whether an arson was committed and about his client's role -- and was enough to allow the court to order Richey's release or new trial.
"If the jury had heard evidence from a competent [fire re-creation] expert, they might have found reasonable doubt," Parsigian told the panel.
The state said the evidence shouldn't be considered and rejected the claim that it waived the right to object to evidence that didn't exist at trial.
"I don't know how you can credibly argue that," state attorney Michael Collyer said after the hearing. "We can't waive something we don't know is being raised."
The judges didn't indicate when they would rule.
About the case
Richey, 42, was convicted of aggravated murder and sentenced to die for setting a 1986 fire that killed Cynthia Collins in an apartment building in the northwest Ohio town of Columbus Grove. He has been on death row for 20 years. No execution date has ever been set.
"Not only he's maintained his innocence -- to his detriment -- he was offered a plea bargain that would have made him a free man 10 years ago," Parsigian said.
The U.S. Supreme Court ruled in November 2005 that the 6th Circuit erred by disregarding an Ohio Supreme Court ruling that said, regarding a death penalty specification, there is no difference between an intended victim and an unintended victim.