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Post by Deleted on Jun 23, 2005 2:35:01 GMT -6
Prosecutor to decide June 30 whether to retry Richey By GREG SOWINSKI
OTTAWA — Putnam County Prosecutor Gary Lammers will make the biggest decision of his young career next week when he announces whether he will retry a death-penalty case against a man with dual British and American citizenship that has garnered international attention. Lammers met Wednesday with seven state and local officials at his office to discuss the case against Kenneth Richey. Lammers said he will announce June 30 whether he will retry Richey or allow him to be released. “I just want to give my officers, and detectives and investigators an opportunity to make a little further investigation on a couple issues,” he said. A decision may hinge on the answers he receives from his investigator, he said. “It may. Obviously I think it will have some bearing,” he said. Lammers would not discuss what he was having his investigators check. If Lammers chooses to retry the case he likely will present it to a Putnam County grand jury to obtain an indictment on new charges, he said. “There could be new charges. If we can’t try a death case under the current statute we may look at other alternatives under the law that still permits us,” he said. Lammers said the 6th U.S. Circuit Court of Appeals ruling in January that overturned the conviction has taken away a section of law that was used to obtain a death sentence at a 1987 trial where Richey was convicted of setting a 1986 fire at a Columbus Grove apartment com-plex that killed 2-year-old Cynthia Collins. “That doesn’t mean under the law, as it was in effect at the time, didn’t permit an alterna-tive statute or section of law to be used,” he said. “That’s a possibility. That may be a stretch, I don’t know. It depends on what my investigator tells me.” Lammers inherited the Richey case just weeks after he took office when the 6th Circuit over-turned Richey’s conviction. The 6th Circuit ruled that Richey’s trial attorneys provided inade-quate representation and that the charge of aggravated murder, as the law read in 1986, did not apply. The court said prosecutors needed to show Richey killed the person he intended to kill in order to be convicted of capital murder. Part of the Wednesday meeting was spent discussing what evidence was available, he said. “We focused on what evidence we do have and where some of the weaknesses lie. How the weak portions of the case affect the potential likely outcome,” he said. Some witnesses are no longer around but there may be one or two witnesses who were not used at the original trial that he could use, he said. Lammers said the meeting lasted several hours. “It was an open exchange of information, ideas and opinions,” he said. In the meeting with Lammers was at least one Ohio assistant attorney general who handled the federal appeals, Putnam County Sheriff Jim Beutler, and at least one person from the State Fire Marshal’s Office. Lammers said he listened to everyone, especially those with the Ohio Attorney General’s Of-fice who have lived with the case for the last 18 years. But he said he will be the one who makes the decision on where to go with the case. “The ultimate decision rests in my lap whether or not we recharge,” he said. Lammers has been on the clock since June 2 to either retry or release Richey within 90 days. Although the circuit court issued its decision in January, procedural issues delayed the start of the time. Richey’s attorney, Ken Parsigian, of Boston, said he will be sending a letter to the warden of Mansfield Correctional Institution asking that Richey be moved from death row to the Putnam County jail. Ohio law is clear that if an inmate is awarded a new trial the warden must release the inmate to the county jail, he said. If the state does not release Richey to the jail, Parsigian said he would ask the Ohio Supreme Court to order Richey’s release.
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Post by Felix2 on Jun 23, 2005 3:09:04 GMT -6
Ohio will make a tit of itself again if they do not expedite his exit from jail!
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Post by Deleted on Jun 23, 2005 5:37:33 GMT -6
www.blackandwhitepublishing.com/nonfiction/deathrowscot/deathrowscot.htmlKenny Richey - Death Row Scot My Brother Kenny’s Fight for Justice Tom Richey AUTHOR TOM RICHEY CATEGORY TRUE CRIME PUB DATE JULY 2005 ISBN 1 84502 064 2 EXTENT 224 pp. SPECIAL INTRODUCTORY ONLINE PRICE: £ 8.99 FORMAT 234mm x 156mm, PBK ILLUSTRATIONS 8-PAGE B/W PLATE SECTION The incredible story of Kenny Richey, the innocent Scot on Death Row, told by his brother Tom and published to coincide with Kenny’s release When Tom Richey and his elder brother Kenny left their ordinary Edinburgh home to join their American father in a small conservative Ohio town, they could never have imagined the kind of tragedies that would befall them. Within a few years, Tom would be sentenced to sixty-five years in jail for murder and Kenny would find himself on Death Row, having been found guilty of deliberately causing the death of a two-year-old girl by arson. Told with candour and remarkable perception by Tom Richey, Death Row Scot was written in Tom’s prison cell. It is the story of why his brother’s life came to unravel in such a spectacularly devastating and incredible way. Tom looks at how Kenny’s death sentence was delivered after a catalogue of mistakes by the investigating police, Kenny’s legal team and the prosecution: A carpet from the burnt-out apartment was sent to be tested for the presence of accelerants AFTER it had lain beside petrol pumps. Samples from the wooden balcony were sent for similar tests AFTER the fire-damage had been repaired. Kenny’s legal team advised him to opt for a trial by a bench of three judges rather than a jury trial – something a more experienced attorney would NEVER suggest. What the prosecution said had happened would have been difficult enough but Kenny had a PLASTER CAST on his arm and he was known to be extremely DRUNK when the fire started. Over the eighteen years since his brother’s conviction, Tom has witnessed Kenny’s hopes being raised and dashed as, time and again, his appeals were refused. But now there are a couple of chinks of light – a court has reversed an earlier decision not to hear Kenny’s request for a writ of habeas corpus and the woman he intends to marry once he is freed is working tirelessly to ensure his release date comes soon. TOM RICHEY committed murder while he was on LSD and the only thing that saved him from being on death row like his brother was his admission of guilt. He has spent his time in jail profitably, getting himself the education he missed out on when he was young. ©Black & White Publishing 2005 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Personal note: As some of you will know I've been involved with the Kenny Richey Campaign since late 1997. The case is now awaiting the decision if the prosecutor from Putnum County Court, Ohio shall retry Kenny. This decision will come either on or after June 30th 2005. I can remember fondly the draft of this book and many will recognise the backbone of the website comes from many excerpts from the pages of this book. It gave me great pleasure to post this link and to know that a long project has finally become reality. Thanks to all who've supported Kenny Richey, believed and of course supported the campaign members throughout what seems like a decade of fighting against the injustice committed against him. Take care, Bobbie
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Post by Deleted on Jun 23, 2005 5:38:04 GMT -6
well it won't be the first time. xx Bobbie Ohio will make a tit of itself again if they do not expedite his exit from jail!
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Post by Felix2 on Jun 23, 2005 9:43:22 GMT -6
well it won't be the first time. xx Bobbie Ohio will make a tit of itself again if they do not expedite his exit from jail! LOL Bobbie! Too true! CU in Edinborough soon!
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Post by Deleted on Jun 24, 2005 7:26:17 GMT -6
You bet when I know about the "timing" I'll certainly let ya know. Take care, Bobbie well it won't be the first time. xx Bobbie LOL Bobbie! Too true! CU in Edinborough soon!
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Post by Deleted on Jun 24, 2005 7:27:14 GMT -6
Richey's attorneys to file motions to get him off death row By GREG SOWINSKI
BOSTON An attorney for Kenneth Richey said he would file motions today in state and federal court asking judges to release his client from death row. Boston attorney Ken Parsigian is upset the state has not released Richey, allowing him to be moved to the Putnam County jail while that county's prosecutor decides what to do with the case. Parsigian sent a letter Wednesday night along with the order from a federal judge saying Richey should be retried or released within 90 days to Warden Margaret Bradshaw of Mansfield Correctional Institution, the prison that houses death row. State prison spokeswoman Andrea Dean said the prison would not release Richey based on a letter from his attorney. She said Richey will not be released until prison officials have a court order in hand. Parsigian said the order issued at the beginning of the month by U.S. District Judge Patricia Gaughan is clear. Ohio law requires Richey's release based on the order that tossed his conviction. The fact the ruling is from a federal court is no different than a state court, he said. Parsigian plans to file a motion in Richland County Common Pleas Court in Mansfield where the prison is located. He also will file another motion with Gaughan asking her to issue an additional order for Richey's release to the jail. Richey's conviction for a 1986 apartment fire in Columbus Grove that killed 2-year-old Cyn-thia Collins was tossed in January by the 6th Circuit Court of Appeals. That court ruled Richey did not receive adequate representation at trial and that the charge of aggravated murder, as the law read in 1986, did not apply. The court said prosecutors needed to show Richey killed the person he intended to kill in order to be convicted of capital murder. Without a conviction against Richey he should not be held on death row, Parsigian said. In the eyes of the law, Richey is innocent until proven guilty and an innocent person is not kept on death row, he said. Meanwhile, Putnam County Prosecutor Gary Lammers said he would announce Thursday whether he plans to retry the case or allow Richey to be set free. His decision will come on the 19th anniversary of the fatal fire that put Richey on death row.
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Post by eu.ro on Jun 25, 2005 5:39:35 GMT -6
Ohio will make a tit of itself again if they do not expedite his exit from jail! Right, these bastards who aren't afraid to use terms like "justice for all" will make him suffer again and again and again. What a bunch of bloody losers. Just because none of them has the guts to admit a mistake. I don't know who killed little Cynthia but it surely wasn't Kenny. I also think that they will announce to retrial him on June, 30th. Yet another part of an unworthy, dirty and despicable game. Send him home you dickheads! Poor Kenny, may God bless him!
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hazel
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Post by hazel on Jun 25, 2005 5:58:54 GMT -6
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Post by hazel on Jun 25, 2005 8:35:00 GMT -6
DEATH-ROW CASE Ohio won't let Richey be moved to area jail By GEORGE J. TANBER BLADE STAFF WRITER An attempt to move Kenny Richey from death row to the Putnam County jail failed yesterday after the state rejected a request by Richey's attorney for the transfer. The attorney, Ken Parsigian, of Goodwin Procter in Boston, said he will file a court petition Monday in an effort to nullify yesterday's decision, which was spelled out in a letter written to Mr. Parsigian by Michael Collyer, an assistant state attorney general. On Jan. 25, the U.S. 6th Circuit Court of Appeals overturned Richey's conviction in the 1986 death by fire of 2-year-old Cynthia Collins, of Columbus Grove, Ohio. On June 3, a U.S. District Court judge in Cleveland, acting on the appellate court decision, ordered the state to retry Richey within 90 days or set him free. Since that ruling, Mr. Parsigian has been trying to get Richey transferred to Putnam County, where he was first tried 19 years ago. In his letter on Thursday to Margaret Bradshaw, warden of the Mansfield Correctional Institution, Mr. Parsigian argued that under Ohio law once a conviction has been overturned and the state is considering whether to retry the prisoner, the inmate should be moved to the jail in the jurisdiction where a new trial might take place. "Nearly three weeks have passed since .œ.œ.the order, and Mr. Richey still has not been transferred," Mr. Parsigian wrote. But in his response, Mr. Collyer argued that Mr. Parsigian misinterpreted the state's procedure in such matters and that the federal court does not have the authority to transfer a prisoner from one facility to another. Additionally, Mr. Parsigian has been arguing that under the ruling by the judge in Cleveland, the state has 90 days in which to complete its retrial of the 41-year-old Richey, should it decided to do so, or release him. Mr. Collyer argued that the 90-day deadline is flexible. "The federal court may extend the time period for retrial if good cause for the delay is shown, the delay is brief, and the delay will not prejudice the petitioner's ability to present a defense at the new proceeding," Mr. Collyer wrote to Mr. Parsigian. State officials have said the 90-day deadline is not realistic and that they believe if they begin pretrial proceedings, the deadline will be extended. Mr. Parsigian has said he will challenge that theory in court as well. The impasse between the Richey camp and the state will become more settled on Thursday when Putnam County Prosecutor Gary Lammers will announce whether he will order Richey to stand trial again. If he declines to do so, Richey could be released in about seven days if Mr. Lammers takes the appropriate steps, prison officials said. Otherwise, Mr. Parsigian said he will continue his fight to get Richey moved to Putnam County and to resolve the court-mandated deadline issue. The deadline expires Sept. 3. Contact George Tanber at: gtanber@theblade.com or 734-241-3610. After all Kennys been through you would think they would at least allow him out of the hell hole that is death row
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Post by GlennF on Jun 25, 2005 9:02:25 GMT -6
Ohio will make a tit of itself again if they do not expedite his exit from jail! Right, these bastards who aren't afraid to use terms like "justice for all" will make him suffer again and again and again. What a bunch of bloody losers. Just because none of them has the guts to admit a mistake. I don't know who killed little Cynthia but it surely wasn't Kenny. I also think that they will announce to retrial him on June, 30th. Yet another part of an unworthy, dirty and despicable game. Send him home you dickheads! Poor Kenny, may God bless him! Just wondering why you are so afraid of a new trial!
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hazel
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Post by hazel on Jun 25, 2005 9:23:47 GMT -6
Kenny's suffered enough for 18 years its time to let him go and for the state of Ohio to stop *deleted* footing about with his case and let him know one way or another what they are going to do.
And another point is Kenny would actually welcome a new trial but dont read that the wrong way he wants to be free but he does not want to be freed and still be called a killer/murderer because thats not what Kenny is
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Post by dio on Jun 25, 2005 10:28:35 GMT -6
I dare say that of the 3000+ on death row nationwide there is not a single 1 that would love a new trial....This still doesn't make them innocent tho.
Let the mutt play with his bagpipe and wear hois skirt on the way to the gurney like the child killer he is.
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hazel
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Post by hazel on Jun 25, 2005 10:46:24 GMT -6
maybe in your eyes but unlike the others Kenny is 110% innocent of any crimes the idiots of Ohio have said he done.
Give him a retrial they wont win and Kenny will still walk free as he should have done at his very first trial.
So now go and stick your bagpipes where the sun dont shine.
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Post by eu.ro on Jun 25, 2005 12:37:36 GMT -6
Right, these bastards who aren't afraid to use terms like "justice for all" will make him suffer again and again and again. What a bunch of bloody losers. Just because none of them has the guts to admit a mistake. I don't know who killed little Cynthia but it surely wasn't Kenny. I also think that they will announce to retrial him on June, 30th. Yet another part of an unworthy, dirty and despicable game. Send him home you dickheads! Poor Kenny, may God bless him! Just wondering why you are so afraid of a new trial! Because a new trial will rob him another one thousand years of his limited time on earth. Heck, Kenny Richey deserves to be released. He's innocent, and all this sanctimonious babbling about "further investigations" is a farce. Even IF they would sentence him to a life term in another trial he's eligible for parole or release. The great American "jurisprudence" and their every-idiot-on-a-jury-system destroyed this man's life. When will these dickheads leave him alone? Finally they will assume that he invented the Talibans or coordinated 9/11 from his prison cell and send him to Guantanamo. I would strongly support a movement that says we want flawed trials for American citizens in Europe. We would also put some riffraff on a jury, choose a tramp to be the judge and sentence them for whatever reason. 30yrs. later we send them home to enjoy the rest of their lives.
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Post by GlennF on Jun 25, 2005 12:38:14 GMT -6
maybe in your eyes but unlike the others Kenny is 110% innocent of any crimes the idiots of Ohio have said he done. Give him a retrial they wont win and Kenny will still walk free as he should have done at his very first trial. So now go and stick your bagpipes where the sun dont shine. Well, Richey is no doubt innocent ............. . of the Oklahoma bombing. Considering you can only get to be 100% sure of his innocence, do you know something nobody else does, including Richey himself?
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hazel
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Post by hazel on Jun 25, 2005 12:46:46 GMT -6
maybe in your eyes but unlike the others Kenny is 110% innocent of any crimes the idiots of Ohio have said he done. Give him a retrial they wont win and Kenny will still walk free as he should have done at his very first trial. So now go and stick your bagpipes where the sun dont shine. Well, Richey is no doubt innocent ............. . of the Oklahoma bombing. Considering you can only get to be 100% sure of his innocence, do you know something nobody else does, including Richey himself? No actually i use that term 110% when i know for a fact that someone did not do something. and i prefer to call him Kenny and not Richey. plus shall be a kick in the bollocks for each and ever person who said Kenny was guilty when the day comes for them to set him free. I for one shall have the flags out when he gets back to Scotland.
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Post by GlennF on Jun 25, 2005 12:59:28 GMT -6
Well, Richey is no doubt innocent ............. . of the Oklahoma bombing. Considering you can only get to be 100% sure of his innocence, do you know something nobody else does, including Richey himself? No actually i use that term 110% when i know for a fact that someone did not do something. and i prefer to call him Kenny and not Richey. plus shall be a kick in the bollocks for each and ever person who said Kenny was guilty when the day comes for them to set him free. I for one shall have the flags out when he gets back to Scotland. How about putting a small one out at half mast for poor little Cynthia?
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hazel
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Post by hazel on Jun 25, 2005 13:06:31 GMT -6
Its a terrible shame that she lost her life no one should lose there life in such a way But Kenny was not the person that started that fire who killed her. Look at reports and see that she liked to play with matches and she did start fires before as the fire bridge were called out.
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Post by GlennF on Jun 25, 2005 13:26:13 GMT -6
Its a terrible shame that she lost her life no one should lose there life in such a way But Kenny was not the person that started that fire who killed her. Look at reports and see that she liked to play with matches and she did start fires before as the fire bridge were called out. Even if she started ten other fires, it still doesn't mean that she started THAT fire! What about the comments and threats made by Richey before and during the fire?
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hazel
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Post by hazel on Jun 25, 2005 13:47:04 GMT -6
Its a terrible shame that she lost her life no one should lose there life in such a way But Kenny was not the person that started that fire who killed her. Look at reports and see that she liked to play with matches and she did start fires before as the fire bridge were called out. Even if she started ten other fires, it still doesn't mean that she started THAT fire! What about the comments and threats made by Richey before and during the fire? How do you know what really happened that night?? I dont know if she did or if she never but she did have a history of starting fires. Its been said that Kenny made comments that night but it still does not prove he started the fire. Ive read the whole trial transcript and many things just dont add up at all. I can name more than a few things that are not correct with his trial. So push for a retrial its highly unlikely they will find him guilty again
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Post by GlennF on Jun 25, 2005 14:05:04 GMT -6
Even if she started ten other fires, it still doesn't mean that she started THAT fire! What about the comments and threats made by Richey before and during the fire? How do you know what really happened that night?? I dont know if she did or if she never but she did have a history of starting fires. Its been said that Kenny made comments that night but it still does not prove he started the fire. Ive read the whole trial transcript and many things just dont add up at all. I can name more than a few things that are not correct with his trial. So push for a retrial its highly unlikely they will find him guilty again Well what's the worry then?
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Post by eu.ro on Jun 25, 2005 14:22:56 GMT -6
Well Glenn, may you love to read my post? (^above^)
Find the reasons there!
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hazel
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Post by hazel on Jun 25, 2005 14:26:46 GMT -6
I have no worries Instead of pushing for any kind of retrial they should have been pushing for Kenny to be released after his murder convition was quashed at the begining of this year. Stop Kenny's suffering on death row any longer. Why keep punishing him any longer for something he never done?? When he gets out i really do hope he sues there butts for every penny he can get from them in Ohio. Only problem is money wont make up for the years of Kennys life that hes lost, the ill health hes suffered while on death row.
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Post by angelang38 on Jun 25, 2005 17:08:50 GMT -6
THE PFS ONLY BEEN IN OFFICE 6 MONTHS IM SURE THAT WOULD JUST BOOST HIS EGO A HIGH PROFILE CASE SUCH AS KENNYS!HMMMMMMMMM WONDER IF HES RELATED TO BASINGER! OHIO FACE IT YOUR ON A LOSING BATTLE THERE IS NO NEW EVIDENCE ;D ;D ;D ;D ;D RETIRE NOW TO SAFE YOURSELVES ANY MORE EMBARASSMENT ;D ;D ;D ;D ANG
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Post by josephdphillips on Jun 25, 2005 18:11:17 GMT -6
The great American "jurisprudence" and their every-idiot-on-a-jury-system destroyed this man's life. Actually, funny little Nazi, Richey was not tried by a jury. He didn't want a jury trial. He asked for, and received, a bench trial.
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Post by Felix2 on Jun 26, 2005 5:11:25 GMT -6
Right, these bastards who aren't afraid to use terms like "justice for all" will make him suffer again and again and again. What a bunch of bloody losers. Just because none of them has the guts to admit a mistake. I don't know who killed little Cynthia but it surely wasn't Kenny. I also think that they will announce to retrial him on June, 30th. Yet another part of an unworthy, dirty and despicable game. Send him home you dickheads! Poor Kenny, may God bless him! Just wondering why you are so afraid of a new trial! Just wondering why you are all for a new trial, you have to be dragged kicking and screaming into the ligth of justice it seems. A man that refused to cop a plea despite being sentenced to death? That kind of integrity Glenn and you whippersnapper have the cheek to ask why afraid of a new trial. Take your head outa you know where. The problem with this Scot is he IS NOT AFRAID and you guys cant be honest!
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Post by Felix2 on Jun 26, 2005 5:12:52 GMT -6
I dare say that of the 3000+ on death row nationwide there is not a single 1 that would love a new trial....This still doesn't make them innocent tho. Let the mutt play with his bagpipe and wear hois skirt on the way to the gurney like the child killer he is. Let you come up with the proof then Gurney! You're understandably afraid of becoming unemployed?
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hazel
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Post by hazel on Jun 26, 2005 5:37:14 GMT -6
Shall we all sing the song Kenny likes to sing
One Two Three Altogether now:
"Im coming home ive done my time...............
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Post by eu.ro on Jun 26, 2005 10:21:09 GMT -6
Shall we all sing the song Kenny likes to sing One Two Three Altogether now: "Im coming home ive done my time............... Thanks Hazel! I really appreciate your postings concerning Kenny Richey. Kenny is innocent, there's no "new evidence" and they just try to prolong his stay on death row. It's a defeat for them, a terrible defeat! All those self-righteous prosecuters who don't give a *f---* about a man's life if they can do something that's good for their career. I have just made a subsription for his brother's book and I hope they will deliver it fast, even to non-english speaking countries. 18 yrs in Yankee prisons are enough - Come home Kenny! Euro.
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