WARREN - Convicted killer Danny Lee Hill, who argues he should not be put to death because he is mentally retarded, acted as his own attorney in filing a legal request for an investigation into how his appeal is being handled.
Hill filed the motion earlier this month, alleging the case has been handled in a racially discriminatory manner. He also seeks an extension for his appeal, but the motion fails to state why an extension is needed. Trumbull County Assistant Prosecutor LuWayne Annos said the motion will be recycled and used for their argument that Hill is not mentally retarded and should be put to death as he was sentenced. The motion, Annos said, shows his "self directiveness,'' and that Hill knows how to look out for his own best interests, meaning the action is not consistent with mental retardation.
"It's already part of the record and by the post-conviction statute, the judge is required to look at the entire record and now Mr. Hill has made this part of the entire record,'' Annos said.
She said that in previous motions Hill filed on his own behalf, there was a disclaimer on the document detailing that someone had assisted in preparing the document; however, the two-page Dec. 17 petition does not include the disclaimer.
Hill's attorney, Gregory Meyers of the state public defender's office and a leading expert on capital cases, declined to comment Tuesday afternoon.
Hill was convicted for the Sept. 10, 1985, murder of Raymond Fife, 12, who was beaten, sexually tortured, strangled with his underwear, set afire and left for dead after Hill and 17-year-old Timothy Combs attacked Raymond while he was riding his bike to a Boy Scout meeting.
Hill, now 38, is awaiting a decision in his recent hearing that he be spared from execution because he is mentally retarded, also known as an Atkins claim. The hearing resulted after the Supreme Court ruled that executing the mentally retarded is cruel. Final arguments on Hill's Atkins claim are not scheduled until March 18.
http://www.tribune-chronicle.com/news/story/1229202004_new05killer29.asp
Hill filed the motion earlier this month, alleging the case has been handled in a racially discriminatory manner. He also seeks an extension for his appeal, but the motion fails to state why an extension is needed. Trumbull County Assistant Prosecutor LuWayne Annos said the motion will be recycled and used for their argument that Hill is not mentally retarded and should be put to death as he was sentenced. The motion, Annos said, shows his "self directiveness,'' and that Hill knows how to look out for his own best interests, meaning the action is not consistent with mental retardation.
"It's already part of the record and by the post-conviction statute, the judge is required to look at the entire record and now Mr. Hill has made this part of the entire record,'' Annos said.
She said that in previous motions Hill filed on his own behalf, there was a disclaimer on the document detailing that someone had assisted in preparing the document; however, the two-page Dec. 17 petition does not include the disclaimer.
Hill's attorney, Gregory Meyers of the state public defender's office and a leading expert on capital cases, declined to comment Tuesday afternoon.
Hill was convicted for the Sept. 10, 1985, murder of Raymond Fife, 12, who was beaten, sexually tortured, strangled with his underwear, set afire and left for dead after Hill and 17-year-old Timothy Combs attacked Raymond while he was riding his bike to a Boy Scout meeting.
Hill, now 38, is awaiting a decision in his recent hearing that he be spared from execution because he is mentally retarded, also known as an Atkins claim. The hearing resulted after the Supreme Court ruled that executing the mentally retarded is cruel. Final arguments on Hill's Atkins claim are not scheduled until March 18.
http://www.tribune-chronicle.com/news/story/1229202004_new05killer29.asp
