Danny Lee Hill's latest attempt to get off death row has failed.
Hill's attorney, earlier this week, petitioned a U.S. District judge asking the Sept. 15 execution of fellow death row inmate Kevin Keith be delayed, saying the prisoner is willing to testify on Hill's behalf.
Hill hoped Keith would testify that he's mentally challenged. But Wednesday, Hill's lawyer dropped the request citing in part: "concerns expressed by the court."
Hill, 43, tortured, raped and killed a 12-year-old Warren boy, Raymond Fife, in 1985. He has been arguing unsuccessfully in state and federal courts that he is mentally retarded.
Keith, in May, filed a court document saying Hill doesn't bathe regularly or clean his cell and would not be able to understand the rules of card games.
Wednesday, the State said U.S. District Court Judge John Adams has no authority to stop Keith's execution.