Judge's ruling criticizes letter

The letter sought to have a husband-wife legal team represent Hill.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A letter written by a defense attorney to a death row inmate giving legal advice for another prisoner was "impermissible interference" with a current attorney-client relationship, a visiting judge states.
Visiting Judge Thomas Patrick Curran of Cleveland wrote a 17-page ruling released Tuesday stating Atty. Maridee Costanzo's letter to Jason Getsy, a death row inmate, was "out of character for an officer of the court."
The letter, written April 18, 2003, was advising Getsy to have Danny Lee Hill write to Judge Andrew Logan of Trumbull County Common Pleas Court and insist that he have Costanzo and Roger Bauer appointed to the case. Costanzo and Bauer were married at the time.
At the time the letter was written, Hill already was represented by Atty. Greg Myer of the state Public Defender's Commission.
"That the letter itself and the conduct surrounding it have had only limited and temporary success in disrupting the professional responsibilities of the state public defender to his client does not diminish the potential for harm to the administration of justice by such baseless and officious intermeddling," the judge's ruling states, adding that the action was "impermissible interference."
Judge Curran is presiding over a hearing that is to determine whether Hill is mentally retarded. Hill's attorneys contend their client is mentally retarded and should therefore be spared the death penalty.
Background
Hill is on Ohio's death row after being convicted in 1986 of the 1985 sexual assault and mutilation death of Raymond Fife, 12, of Warren.
Hill did ask to have Bauer and Costanzo appointed to his case.
The two were appointed to the case in spring 2003, and Myers was ordered to also stay on the case. A few months later, Costanzo and Bauer asked to be dismissed. Hill also filed a motion asking to have Myers removed.
Bauer was off the case in November 2003 and Costanzo was off this past May. The judge, however, just released the ruling this week.
The judge's ruling ordered Costanzo to be removed, allowed Bauer to withdraw, denied Hill's motion, and ordered Myers to stay on as legal counsel.
Bauer told the judge he needed to be removed because of a personal relationship with someone who had testified during Hill's murder trial.
The judge could not be reached to comment.
"I don't know why this is coming out now," Costanzo said. "This matter was brought up to the state disciplinary counsel and it was dismissed."
She noted that she sent that letter to Getsy after he had called and told her that Hill wanted to have her appointed to his case.
Costanzo was one of three attorneys who represented Getsy, who is on death row for the 1995 murder of Ann Serafino of Hubbard.
"That was a letter I wrote to my client and he says someone stole it from his cell," Costanzo said.
sinkovich@vindy.com