OTTAWAThe arraignment for former Ohio death row inmate Kenneth Richey has been set for 10:30 a.m. today on charges he threatened a judge.Putnam County deputies returned from Mississippi on Tuesday with Richey after he decided not to fight extradition, Putnam County Sheriff Jim Beutler said. Richey is charged with retaliation and violating a civil protection order, both third-degree felonies carrying up to five years in prison apiece. Beutler said Richey left a message on Clerk of Courts' Teresa Lammers' voice mail, making a threat against Judge Randall Basinger on New Year's Eve. Basinger prosecuted Richey at his original trial in 1987 for the 1986 Columbus Grove apartment fire that killed a 2-year-old girl. An appellate court overturned the conviction, saying Richey's trial attorneys failed to adequately represent him. Richey was awarded a new trial but accepted a plea deal and was released for time served in January 2008 after 21 years on death row.Richey has always maintained his innocence and has never been shy about the anger he has for Basinger. The Ohio Public Defender's Office has been assigned to represent Richey but a specific attorney was not named. Basinger has recused himself citing a conflict of interest because the charges involve actions against him. Retired Judge Dale Crawford, of Franklin County, was appointed to the case.