A SCOT who spent two decades on death row in America before being released has been jailed for another three years for threatening a judge who prosecuted his original case.

Kenny Richey, 47, was sentenced at a court in Ohio yesterday after leaving a telephone message for Judge Randall Basinger on New Year's Eve, telling him: "I'm coming to get you."

Judge Basinger was an assistant county prosecutor in 1986 when Richey, now of Tupelo, Mississippi, was charged with starting a fire that killed a two-year-old girl.

He was convicted and spent 21 years awaiting execution before winning an appeal in 2007 on the grounds his lawyers mishandled the case. The former Marine was eventually released in 2008 under a plea deal.

Richey was sentenced at Putnam County Common Pleas Court yesterday on a charge of "retaliation" after pleading guilty at a previous hearing.

His friends and family watched from the public gallery as he was led into the courtroom in handcuffs wearing green and grey prison stripes.

He apologised for threatening Judge Basinger, but said he had been drinking heavily before making the call, which he described as a prank.

He also claimed he was suffering from depression at the time and had been provoked by police officers.

In a letter to the court, he wrote: "It all got to me and in my drunken state, I erroneously made a 'prank' call to Judge Basinger. I was so out of it that I actually thought I was talking to Judge Basinger himself."

Richey later learned he was talking to an answering machine at the clerk of court's office.

Sentencing, Judge Dale Crawford jailed Richey for the maximum term of three years and read out a victim impact statement on behalf of Judge Basinger, which claimed Richey is a threat to the public who should be locked up for the longest term possible.

Judge Basinger said: "The defendant has never taken responsibility for any of his actions, has blamed others for the crimes that he commits, and consistently misrepresents the events of his criminal activity."

He added: "The defendant is a sociopathic felon who has made repeated death threats to me and others in attempts to avoid prosecution."

At an earlier court hearing, prosecutor Todd Schroeder said Richey had left a threatening telephone message for Judge Basinger on a machine in the court office on December 31.

He said the call "was made as a retaliating offence for the prior prosecution and criminal proceedings in 1986".

Mr Schroeder added that, as part of the plea agreement, a protection order preventing Richey from contacting the judge and 20 others involved with his 1986 case would be extended by five years to 2018.

He also said three criminal charges pending against Richey, including an assault charge involving his son Sean Richey, would be dropped.

A misdemeanour charge of violating a protection order pertaining to his ex-wife Wendy Richey will remain in place in Minnesota in the event Richey ever returns to the state.

Richey's brother Steve, who lives in Ohio, has previously claimed his brother holds Judge Basinger responsible for his original conviction involving the death of Cynthia Collins.

He said: "Judge Basinger is responsible – no ands, ifs, or buts about it. He's still angry. They robbed him of 21 years."

During his time on death row, Richey gained a large following of supporters in Scotland who campaigned for his release.

He returned to the country for a brief spell in 2008 after his successful appeal. He returned to the US in 2009 when his father died.