Defense attorney asks for rebuttal witness to prove retardation

It is not known when the judge will rule.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Expert opinion is 2-to-1 in favor of the state on the question of whether a killer is mentally retarded, but the defense wants to hear from yet another expert.
For the past several days Visiting Judge Thomas Patrick Curran of Cleveland listened to mental health experts and prison employees talk about Danny Lee Hill.
Both the prosecution and defense presented witnesses, however, Hill's state-provided attorney wants another expert to take the stand.
Atty. Greg Myers, of the Ohio Public Defender's Commission, is trying to persuade the judge to allow a rebuttal witness.
Myers wants another expert to testify about Hill's IQ.
Three experts testified during the eight-day hearing.
The expert hired by the defense found that Hill was mentally retarded while the two experts hired by the prosecution and the judge found that Hill was not mentally retarded.
Judge Curran told Myers he has until Nov. 19 to submit a brief stating why he believes he should be allowed to have another expert testify.
Prosecutor Dennis Watkins, who objects to Myers' having another witness, will then have until Dec. 3 to submit a written brief stating why he opposes the additional expert.
The judge will rule after reading both briefs.
Oral arguments
Judge Curran also stated during Thursday's hearing that he will hear oral arguments on Hill's case March 18. It is not known when the judge will be make his decision.
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.
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.
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