COMMON PLEAS COURT Hill isn't mentally retarded, expert says

The hearing is expected to last most of the week.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- An expert hired by the court testified that she does not believe convicted child killer Danny Lee Hill is mentally retarded.
Dr. Nancy J. Huntsman, a psychologist from Youngstown who testified Tuesday, says she believes Hill's IQ is above 70.
She noted that when she and two other psychologists tested Hill on April 26 he scored a 58. She noted that she does not believe Hill gave his best effort.
Immediately after the IQ test, Hill was given a test to determine whether he was giving his best effort on that exam. That test showed that Hill was not trying on the IQ test, Dr. Huntsman noted in her written report.
Visiting Judge Thomas Patrick Curran of Cleveland is presiding over the hearing, which is expected to last most of the week. The hearing is taking place in Trumbull County Common Pleas Court.
Two other experts, one hired by the defense and one selected by the prosecutors, testified previously. The defense expert believes Hill is mentally retarded while the prosecution expert states he believes Hill is not mentally retarded.
Hill's hearing began Oct. 4 and the judge listened to five days of testimony. The judge had to preside over another case the following week, so the hearing was postponed until Tuesday.
Attendance
Moments before Tuesday's hearing was set to start, Hill told the judge he didn't want to be present. The judge told him that he needed to be in the courtroom in the event his attorneys needed to talk to him.
The judge, however, permitted Hill to sit in the jury room, in the back of the courtroom. Later in the day, Hill decided to sit next to his attorneys at the defense table.
Hill is on Ohio's death row after being convicted of the 1986 sexual assault and mutilation death of Raymond Fife, 12, of Warren.
Hill's attorneys contend their client is mentally retarded and should therefore be spared the death penalty.
The U.S. Supreme Court has ruled that executing mentally retarded people constitutes cruel and unusual punishment and is unconstitutional.
Previous score
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.
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.
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.
Judge Curran is retired but is on special assignment by the state Supreme Court.
sinkovich@vindy.com