WARREN – Danny Lee Hill, convicted in 1986 of brutally raping, torturing and murdering a 12-year-old boy from Warren the year before, has been given the chance to ask for a new trial.

A visiting judge on Tuesday ruled attorneys for Hill can ask for a new trial because he was “unavoidably prevented” from filing a motion seeking a new proceeding within 120 days of his conviction because guidelines regarding the reliability of bite mark evidence did not exist when Hill was tried.

“Since the guidelines were not in existence in 1986 at the time of petitioner’s (Hill’s) trial, no amount of due diligence by petitioner’s counsel could have discovered the information was not in existence,” wrote visiting Judge Patricia A. Cosgrove.

Cosgrove’s ruling does not grant a new trial for Hill but gives his attorneys seven days to file a motion to ask for one.

Hill has been on death row since his conviction on aggravated murder charges connected to the brutal attack of Raymond Fife, who on Sept. 10, 1985, while riding his bicycle to a Boy Scout meeting, was beaten, sexually tortured, set afire and left for dead. He was found by his father and another relative and died two days later.

Hill’s defense team during a hearing in December in Trumbull County Common Pleas Court, argued Hill should be granted the request to seek the new trial based on what they described as new methodology for identifying bite marks left on the boy’s body.

The defense claimed Hill was prevented from discovering what they argue is new evidence regarding bite mark testimony.

Trumbull County Assistant Prosecutor LuWayne Annos said her office is prepared to respond to any motion filed by the Hill’s attorney.

Annos and Trumbull County Prosecutor Dennis Watkins argued earlier the “new evidence” Hill’s attorneys claims exists, is “merely a forensic opinion” they “personally crafted” nearly three decades after Hill was convicted.

A teleconference is scheduled for June 21 to set a hearing on the merits on Hill’s request for a new trial.

rsmith@tribtoday.com