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Evidence case sent to mediation

WARREN — The Ohio Supreme Court has stepped in to address a dispute between the Federal Public Defender’s Office and Trumbull County Prosecutor’s Office to release a public record related to the Danny Lee Hill case.

On Tuesday, the Ohio Supreme Court referred the case to mediation, a process that aims to have both parties resolve their disagreement without further action from the court.

Trumbull County Prosecutor Dennis Watkins agreed with the Supreme Court’s decision to send the case to mediation, but said the resolution could have come at the local level.

He said in a statement his office previously provided the defendant with a copy of the evidence prior to him going back to trial in 1985.

The case involves Danny Lee Hill, who has been central to both federal litigation and a Trumbull County case dating back to the 1980s. The disputed piece of evidence is in the possession of the Trumbull County Clerk of Courts, not his office, Watkins said

According to the 33-page petition submitted Aug. 7, Hill’s defense team claims they’re being obstructed in its quest for key evidence.

The case centers around Trial Exhibit 61, an audiotaped interview from Hill’s 1985 trial. The Federal Public Defender’s Office, representing Hill in ongoing appeals, initially requested the tape on Sept. 12, 2022. Despite confirming receipt of this request, the Trumbull County Prosecutor’s Office responded that it could not locate the tape, which Hill’s defense claims is critical to its case.

The petition alleges a series of non-compliant actions by the prosecutor’s office. Notably, an email from criminal division chief Chuck Morrow, dated Oct. 20, 2022, informed the Federal Public Defender’s Office that the tape could not be found and suggested they should review their own files for the material.

Morrow also noted that the tape was provided to Hill’s trial counsel, a claim the Federal Defender’s Office disputes, saying they’ve not been able to obtain it from that source.

In a July 29, 2024, conversation, Morrow reiterated his office’s inability to locate the tape and expressed frustration with the repeated requests.

This exchange, recorded by Assistant Federal Public Defender Calland Ferraro, included Morrow dismissing the request as unnecessary and referring to Hill as a “murderer who should be dead.” Morrow’s tone and refusal to assist led the Federal Public Defender’s Office to seek judicial intervention, according to the court records.

The petition, filed under the Ohio Revised Code, argues that the Trumbull County Prosecutor’s Office has failed to comply with public records laws that require timely and complete disclosure of requested materials.

The Federal Public Defender’s Office has requested that the Ohio Supreme Court order Watkins’ office to produce the tape, award statutory damages and cover legal costs.

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