WARREN Child killer is trying to prove retardation



A hearing is scheduled for next week.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- If Danny Lee Hill wants to have his death sentence vacated, he must prove he is mentally retarded.
Judge Andrew Logan of Trumbull County Common Pleas Court ruled Friday that Hill's mental history will be evaluated as part of the case, but the court's final determination will be if Hill is presently mentally retarded.
If Hill is mentally retarded, he will be ineligible for the death penalty.
Hill was convicted in 1986 in the torture, murder and mutilation of 12-year-old Raymond Fife of Warren.
Prosecutor Dennis Watkins and LuWayne Annos, an assistant prosecutor, have stated in court motions that Hill was given an IQ test in 2000 and was found not to be retarded.
The prosecutors have said the U.S. Supreme Court didn't set an IQ level below which a person is determined to be retarded, but most states generally consider someone with an IQ of 70 or lower to be retarded.
Hill's score in 2000 put his IQ at 71.
Court action
The 6th U.S. Circuit Court of Appeals in Cincinnati stayed Hill's appeal process in August pending a ruling from a state court on his mental capacity.
The appeals court ruling followed a June decision by the U.S. Supreme Court that it's unconstitutional to execute mentally retarded people.
Psychological exams from the 1980s show Hill's IQ ranged from 55 to 68.
Hill filed a motion last week asking for a new attorney. A hearing on that motion has been set for 2 p.m. Thursday. Hill is represented by Atty. Gregory Meyers, senior assistant Ohio public defender.
Prosecutor's motions have stated that while incarcerated, Hill has been able to adapt to various activities and program.
sinkovich@vindy.com