TRUMBULL COUNTY Lawyer seeks removal from killer's case

By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A convicted killer who wants his death sentence vacated also wants a new attorney.
A hearing is set for today in Trumbull County Common Pleas Court to determine if Atty. Maridee Costanzo can withdraw from representing Danny Lee Hill.
Visiting Judge Thomas Patrick Curran will preside. It is not know if he will make a decision during the hearing.
Costanzo filed a motion in court earlier this month asking to be removed from the case. The motion states that due to other cases she does not have enough time to devote to Hill's case.
Costanzo also stated in the brief that "some tensions have developed" between her and Hill and she believes it would be best to withdraw.
"This is Danny Lee's decision, not mine," Costanzo said. "He has decided to run this case his own way."
Costanzo said that because she is in the middle of a case in Toledo, she will not be able to attend today's hearing.
Mental retardation question
Hill was convicted in 1986 of the sexual assault and mutilation killing of Raymond Fife, 13, of Warren. To get the death sentence vacated, Hill must prove he is mentally retarded.
County Prosecutor Dennis Watkins and his assistant, LuWayne Annos, 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 to determine whether defendants are legally 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.
The 6th U.S. Circuit Court of Appeals in Cincinnati delayed Hill's appeal process in August pending a ruling from a state court on his mental capacity.
The appeals court ruling followed a 2002 decision by the U.S. Supreme Court that it's unconstitutional to execute people who are mentally retarded.
Psychological exams from the 1980s show Hill's IQ ranged from 55 to 68, officials said.
The judge has stated that Hill will be examined by three psychologists who will test him to determine if he is mentally retarded.
sinkovich@vindy.com