DAILYKENN.com -- Danny Lee Hill was convicted of raping and murdering a little white boy.
Hill will not be executed for his crime, however. The reason? He's too stupid.
From wfmj.com ▼
COLUMBUS, Ohio - The U.S. Sixth District Court of Appeals has issued a ruling that could keep the man convicted in the case of a 12-year-old boy scout who was tortured, raped and murdered, off the execution table.
Fifty-year-old Danny Lee Hill has filed several unsuccessful appeals, the most notable of which was a claim that he is mentally retarded and should not be subject to the death penalty.
However, the ruling of the Sixth District Court of Appeals says that in the eyes of the court, Hill demonstrates several of the prerequisites to be considered mentally deficient.
The ruling upheld Hill's conviction on the murder charge but argued that because of the intellectual deficiencies, Hill cannot be sentenced to the death penalty.
According to the ruling, Hill's IQ varies between a low of 48 and a high of 71. After review of videotapes of Danny Lee Hill's interrogation, the court found Hill to be "childlike, confused, often irrational, and primarily self -defeating".
The case was remanded back to the lower court to be resentenced.
However, Trumbull County Prosecutor Dennis Watkins issued a release Monday saying he has requested that the Attorney General's Officer appeal the decision either to a full panel of judges at the Sixth District of the Court of Appeals or to the Supreme Court of the United States.
"In my view, under the law and facts, the federal court decision clearly did not give due respect and deference to Ohio's judges and courts' determinations required by federal law," said Watkins in the release.
The mother of Hill's 12-year-old victim is now 77-years-old and supports the efforts to fight for an appeal.
"When my husband passed away the one thing he said was I'll never get to see him die for what he did," said Miriam Fife. "It's not a vengeance I have against him, I just want to know years after I'm gone (that) some bleeding heart doesn't get in there and get him released, because I don't care if he's 80 or 90-years-old, if he's still alive he'll be doing the same thing, he'll be hurting children."
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