HEARING Decision is expected in 2005 in Danny Lee Hill case

Oral arguments will be heard in January.
By DENISE DICK
VINDICATOR TRUMBULL STAFF
WARREN -- A determination of whether convicted killer Danny Lee Hill is mentally retarded won't come until next year.
The last expert, appointed by the court, is set to testify later this month. The hearing was set for Oct. 26 through 29, with oral arguments set for Jan. 19.
Dr. Nancy Huntsman, a Youngstown psychologist appointed by the court, is expected to testify at the hearing later this month. In a written report submitted to the court, Dr. Huntsman concluded that Hill isn't mentally retarded.
Other conclusions
Dr. J. Gregory Olley, a North Carolina psychologist selected by Trumbull County Prosecutor Dennis Watkins and Atty. LuWayne Annos, an assistant prosecutor, reached the same conclusion while Dr. David Hammer of Columbus, the defense's expert, found that Hill is mildly mentally retarded.
Dr. Olley was on the stand Wednesday, Thursday and Friday, and Dr. Hammer testified Monday and Tuesday.
Hill was convicted and sentenced to death for the 1985 murder of 12-year-old Raymond Fife, who was beaten and tortured.
If deemed mentally retarded, Hill could get off death row.
The U.S. Supreme Court has ruled that executing mentally retarded people constitutes cruel and unusual punishment and is unconstitutional.
Although the U.S. Supreme Court didn't specify an IQ level for determining mental retardation, most states generally consider someone with an IQ of 70 or lower to be retarded.
Prosecutors have pointed in court documents to an IQ test Hill took in 2000, which concluded that he isn't mentally retarded. He scored a 71 on that 2000 test.
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.
Visiting Judge Thomas Patrick Curran is retired but is on special assignment by the state Supreme Court.
denise_dick@vindy.com