TRUMBULL COUNTY Judge denies Hill's request to receive a new attorney
An Oct. 4 hearing date has been set to determine if the inmate is mentally retarded.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Death-row inmate Danny Lee Hill will continue to be represented by the state public defender's office despite his attempt to get new counsel.
During a status conference in Trumbull County Common Pleas Court on Monday on his case to have his death sentence vacated, Hill told visiting Judge Thomas Patrick Curran that he doesn't think Atty. Gregory Myers should represent him.
"I don't think he should be talking to about me while he is under investigation by the disciplinary counsel," Hill said.
Hill did not elaborate and refused to say if he filed a complaint against Myers.
The judge told Hill that Myers is "an extremely capable attorney" and will not be removed. When the judge asked Hill if had anything else to say, the defendant refused to answer.
Tests
Hill had filed a motion last year asking to have his death sentence vacated. To do that, Hill must prove he is mentally retarded.
A hearing is set for Oct. 4 to determine if Hill is mentally retarded. The defense, prosecution and the court have all had experts test Hill to determine his IQ.
The results of those tests will be released during the hearing, court officials said.
Hill was convicted in 1986 of the sexual assault and mutilation death of Raymond Fife, 13, of Warren.
Trumbull 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 2002 pending a ruling from a state court on his mental capacity.
The federal appellate court ruling followed a June 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.
sinkovich@vindy.com
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