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scotkaz · Joined: 28 Aug 2008 Posts: 527

A TAPE recording is to play a crucial part in the trial of Kenny Richey, a court heard today.
Richey, 44, is accused of assaulting a 63-year-old man in a flat in Edinburgh in July.

It is alleged Richey left Robert McCall severely injured, permanently impaired and endangered his life.

Richey, who denies the charges, appeared at the High Court in Edinburgh today before judge Lord Brodie for a preliminary hearing ahead of his trial.

His defence counsel Ronnie Renucci asked for a further preliminary hearing to allow the defence more time to transcribe a tape recording.

Mr Renucci did not say what the tape recording was but said it was "of the utmost importance" and "a crucial piece of evidence" in the case.

Lord Brodie agreed to continue the hearing for two weeks and said Richey should remain in custody until then.

http://edinburghnews.scotsman.com...rding-crucial-in-Kenny.4846159.jp

scotkaz · Joined: 28 Aug 2008 Posts: 527

Kenny Richey in court over assault case

The 44-year-old is accused of severely injuring another man at a flat in Edinburgh.

The 44-year-old is accused of severely injuring another man at a flat in Edinburgh.

Kenny Richey has appeared in court charged with severely injuring another man in Edinburgh.

The 44-year-old is accused of assaulting Robert McCall, 63, at a flat in the capital last July.

On Tuesday, Mr Richey denied all four charges against him when he appeared at the High Court in Edinburgh before Lord Brodie for a preliminary hearing.

Mr Richey is alleged, whilst acting with someone else, to have assaulted Mr McCall at the flat. He is accused of demanding money, threatening him with violence and robbing him of a mobile phone and money.

The second charge alleges that at the same flat less than a week later, on July 17, Mr Richey assaulted Mr McCall to his severe injury, permanent impairment and to the danger of his life. He is said to have masked his face, gone into the flat, demanded money and repeatedly struck him on the head and body with a metal baton, causing him to fall to the ground.

Mr Richey is then alleged to have kicked Mr McCall and pursued him to the common stairway, striking him on the head and causing him to fall down a flight of stairs. He is also accused of attempting to defeat the ends of justice by getting someone else to wash bloodstained clothing, and of committing a breach of the peace at Edinburgh Sheriff Court on August 26 last year.

On Tuesday, Ronnie Renucci - Mr Richey's defence counsel - asked for a further preliminary hearing to allow the defence more time to transcribe a tape recording. Mr Renucci did not say what the tape recording was but said it was "of the utmost importance" and "a crucial piece of evidence" in the case.

Lord Brodie ordered that another preliminary hearing should be held on January 20. Mr Richey was remanded in custody in the meantime.

scotkaz · Joined: 28 Aug 2008 Posts: 527

Is a tape recording allowed in court as evidence?

I cannot really discuss how the tape recording came to be in this particular case, for obvious reasons.

W.Roughead · Joined: 25 Oct 2008 Posts: 120 Location: Scotland.

Of course you cannot discuss this tape recording, I do not think anyone would want or expect that of you.

All will be revealed at the trial in due course.

You know Kenny Richey personally, so you can speak from a different viewpoint than I. I do not know him and I do not want to.

It seems to me [correct me if I’m wrong here] that you and others believe the position Kenny Richey finds himself in now, is because he suffered an injustice whilst in the USA being kept on death row for a crime he said he did not commit. I wonder if people are too quick to assume that he is in some turmoil and has been so adversely affected and traumatized by that sentence, that they are not seeing him as the person he really is or was before the night of the fire!

I also think it must have been quite difficult suddenly to be free from a cell with bars, as well as the prison regime. Hence, why he should have had some help adjusting.

It seems to me; however, that he is most probably not one of life’s good guys and seems destined to get into trouble. I wonder if trouble runs in the family, since his younger brother is currently serving his sentence, also for murder.

Perhaps he is one of those people who will never change.

MODERATED: Unproved allegations

I have said before, and you have since responded, that he should have either been given, or if offered, he should have accepted help in adjusting to a life of freedom, and a life back here in Scotland.

I think someone as high profile as Kenny Richey may well have been goaded by people in the outside world who wanted to prove something. There would obviously have been those who were ‘hangers on’ because he had some money initially. I was under the impression also, that his PR Agent was none other than Max Clifford. I wonder what he makes of all of it.

I bow to your superior knowledge where Kenny Richey is concerned. I think that despite what has passed between the two of you, you are still defending him. Although, you have not added any comments on the current situation, but rather you have chosen to copy/paste the press reporting of it. None of us can or should discuss the finer points of this case until after the trial.

Is this another perceived injustice, in the making, I wonder.

I am curious to know, did "A Letter from Death Row" ever make to the stage and/or wider audience both here and in the USA, particularly the State of Ohio?
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“Send not to know for whom the bell tolls – it tolls for thee.” John Donne.

scotkaz · Joined: 28 Aug 2008 Posts: 527

I am sure you will be aware that I have to be careful what I write regarding even my thoughts on this topic. But I will try to answer your comment.

I believe totally that Kenny Richey was innocent of setting the fire he was convicted of. I have no doubts whatsoever about the scientific evidence and all the other evidence. I have suit cases of the stuff in my home still. I have spoken to many experts over the years and many legal people. For me and for the many arson experts his original conviction is not under any question.

Kenny is not everyones cup of tea I know. He was way back then a troubled young man, of that there is no doubt. But being troubled did not make him a killer. But he was in some turmoil before he even left death row. It was something he waited on for so long to happen, and mostly did not dare to think it would happen.

People have no idea what he suffered on death row. I know much of it and experienced some of the abuse myself first hand. Kenny it seems was incapable of even telling his own story when he came home. Sadly he may never get the real chance to do this.

My personal opinion is that when he came out, he was to some extent treated as some sort of celebrity. He even began to think of himself as one. The media did not help much and to be totally honest neither did Kenny. He did EVERY single thing he promised he would not do when he got out, because he believed all these people ie the hangers, were his friends. He couldnt or wouldnt see what was really happening.
You see Kenny is one of these people who just want everyone to like him. Sounds odd considering how he behaves at times I know.

He should have had help adjusting but that was not through any lack of anyone wanting to help. People were falling over themselves to help and support him through this but he did not want help. Then he did, then he didn't. And so it went on.

I agree with you some in that you say, in that he will not be able to adjust or live a normal life.

I dont know if trouble runs in families but it is all a very complicated situation as I am sure you can imagine.

No nice guys dont attack people. And as you stated earlier, we will find out the case when it comes to trial. I was interested in whether a tape recording could be used as evidence but I am now assuming yes it can be after reading up on it online.

There were times he was goaded I do know. And of course he had to prove himself as being the big tough guy just to show them.

Max Clifford was his PR. I went to speak to him on Kennys behalf and I have my own opinion on how that was handled. Just lets say I was not impressed.

I will defend Kenny's original conviction because I know the entire case and all that goes with it.

This particular case I cannot say much on yet but I do have my opinions on it. if he did it, then yes he should be punished.
I do not know if it is a percieved injustice. I know Kenny feels he is being treated unfairly.
Its all rather sad in a way. He did not even make it till his first Christmas or New Year back home.

A letter from Death Row was heard all over UK I do know. It was heard in Scottish Parliment and also in many venues all at the same time.
I know it was heard somewhere in Ohio.

I actually wrote the original letter which was read at a MOJO night in Glasgow along with some input from Kenny via the phone.

W.Roughead · Joined: 25 Oct 2008 Posts: 120 Location: Scotland.

Thank you Scotkaz for your reply.

I too am very familiar with the Ohio case.

Let's see what happens with the current one, and leave it at that for the time being.
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“Send not to know for whom the bell tolls – it tolls for thee.” John Donne.

Fiscal · Joined: 23 Dec 2008 Posts: 111 Location: Edinburgh

Tape recordings are admissible as evidence subject to particular rules. Namely the Rules Governing the Law of Evidence...for those wanting detailed info...see Fiona Raitt; Evidence - Principles, Policy & Practice. This is the professional book.

A simple breakdown is if evidence is fairly obtained and is corroborated then it is admissible - generally.
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Mr Fiscal

Angeline · Joined: 02 Oct 2008 Posts: 148

I don't know Kenny Richey personally, but I do know half a dozen people who have served long sentences for crimes they did not commit. What is striking is the extent to which their social and cultural development is halted by the prison experience.

Although it seems obvious when you think about it, the reality is quite shocking, and the younger the person was when they were convicted, the more marked the developmental damage.

In the unreal world of prison, they have no way of knowing how the outside world is "working" - just think about the massive technological and political changes in, say, the last 10 years. It's all very well saying they have access to tv, etc, but it's not the same as reality (obviously) and many of these people are suddenly catapulted into a world that they do not understand or recognise.

Also, in prison, they have to adopt a particular persona for survival, and that is not easily cast off when they are released. The constant threat, hostility and danger in prisons becomes "normal," and very often leads to inappropriate behaviour on the outside.

Those who have committed the crimes for which they have been convicted are helped to re-integrate both prior to and following release. The wrongly convicted get no such help - there is no "adjustment" phase. When we, as a society, wrongly convict an innocent person, it is my belief that we have a duty to help those people reclaim their lives when the wrongful conviction is overturned.

Sadly, for many, the damage is just too great - even if such help was available, in many cases, it would not be enough to undo the harm done by years of wrongful imprisonment.

I have no knowledge of the current situation regarding Kenny Richey, other than what is available in the press, but I think we need to understand to some degree, the effects of those years on death row, and the alien (to him) existence into which he was cast.

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As long as one heart still holds on, then hope will never really be gone