The News Herald (Willoughby, OH)

Federal appeals court blocks executing man in Scout’s murder

- By Dan Sewell Follow Dan Sewell at https://www.twitter.com/ dansewell

CINCINNATI » A federal appeals court has again ruled that Ohio can’t execute a man who is intellectu­ally disabled and was sentenced to death for the rape and murder of a 12-year-old Boy Scout.

A three-judge 6th U.S. Circuit Court of Appeals panel ruled unanimousl­y Wednesday that executing Danny Lee Hill would be unconstitu­tional under a 2002 U.S. Supreme Court ruling.

The opinion recounted that multiple records demonstrat­ing Hill’s mental struggles, including with even basic daily responsibi­lities such as rememberin­g to take a shower or brush his teeth.

“We hold that Hill is intellectu­ally disabled and that he cannot be sentenced to death. No person looking at this record could reasonably deny that Hill is intellectu­ally disabled,” the opinion stated. “In holding otherwise, the Ohio courts avoided giving serious considerat­ion to past evidence of Hill’s intellectu­al disability.”

The Ohio Attorney General’s office declined to comment Wednesday.

Hill, now 53, was sentenced to death for the 1985 slaying of Raymond Fife, who was riding his bicycle on his way to a Scout meeting in Warren, Ohio, when he was beaten, raped, set afire and left for dead. He died two days later.

The 6th Circuit also ruled in February 2018 that Hill shouldn’t be executed. After the state appealed, the U.S. Supreme Court agreed that the 6th Circuit should reconsider the case because it had relied extensivel­y on a case decided long after Hill was sentenced to death.

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