Federal court denies Hill’s appeal

Judges rule, 9-7, against removing convicted murderer from death row

WARREN -- By a 9-7 vote, the U.S. 6th Circuit Court of Appeals on Friday ruled against convicted murderer Danny Lee Hill in his bid to get off death row on claims he is mentally disabled.

Trumbull County Prosecutor Dennis Watkins said he was notified of the decision by Ohio Solicitor General Benjamin Flowers late Friday afternoon. Flowers argued last December before the full 6th Circuit the Ohio courts ruled properly in denying Hill's mental retardation claims.

"This is a great day for justice," Watkins said. "I'm very proud of the work of the Ohio Attorney General's office, and particularly that of Ben Flowers, to see that justice was served. I see there was a split verdict here, but we had argued before the full 6th Circuit before and saw (convicted murderer) Jason Getsy executed. Hopefully, Miriam Fife in her lifetime will see what she is entitled to."

In the opinion authored by Judge Julia Smith Gibbons, she wrote, "We conclude that the state court's resolution of the issue does not meet either of the criteria that would permit a federal court to disturb a state conviction."

Watkins said after looking over the opinion, the 6th Circuit judges spent a lot of time writing on how the Ohio 11th District Court of Appeals ruled rightly.

Hill was convicted in 1986 by a three-judge panel for the aggravated murder of 12-year-old Raymond Fife, who brutally was slain and sexually assaulted in September 1985 on a path near a Palmyra Road SW grocery store. He also was sentenced to death. The death-row inmate has spent almost three decades in various courts trying to stay away from the Ohio death chamber.

The latest legal bid dealt with a federal ruling that made it unconstitutional for states to put to death people who are mentally disabled. Hill's lawyers for more than a decade had been arguing their client has an IQ less than the borderline 70 score.

The opinions by the judges took about 80 pages.

"There is a great deal of new perspective and the question was thoroughly considered," Watkins said.

Fife's mother, Miriam, 81, of Cortland, also received a phone call from Flowers letting her know of the court's decision.

"I was surprised it was a Friday," she said. "But I am very elated."

The rare empaneling of the full 6th Circuit occurred Dec. 2, and the judges heard the arguments over video because of the COVID-19 pandemic.

For almost 90 minutes that day, judges questioned defense attorney Vickie Werneke and Flowers. The full panel took almost nine months to decide the matter.

Watkins said he believes the defense will appeal to the Supreme Court but feels confident his side will prevail.

"We went to the full court in the Getsy case and eventually won, and I expect the same in this one," Watkins said.