WARREN, Ohio - Just three weeks after a judge denied a motion for a new trial, a public defender says she will pursue an appeal on behalf of the man sentenced to death for torturing, raping and murdering a Warren Boy Scout more than 30 years ago.

On Wednesday, Danny Lee Hill's attorney filed a notice with the 11th District Court of appeals that she would challenge the October 3rd decision of visiting Judge Patricia Cosgrove to reject Hill's request for a new trial.

Hill has been on Death Row since his conviction for the 1985 murder of Raymond Fife, who’s mutilated, near lifeless body was found in a Warren field by his father. Fife later succumbed to his injuries.

Defense attorneys had claimed that more modern forensic methods are available to analyze bite marks found on the victim's body that were not in existence during the original trial.

Hill's public defender argued that the most recent forensic research concluded that bite-mark analysis could not be scientifically validated.

Prosecutors, lobbied against a new trial, arguing that even if a defense expert would testify that human bite marks were not found on Raymond Fife's body, there is other evidence that Hill or his convicted accomplice Timothy Combs raped the little boy.

In her denial of Hill's motion for a new trail, Judge Cosgrove cited trial evidence that a passerby could hear Fife continuously screaming for twenty to thirty seconds before seeing Combs on the path were Fife was attacked. The judge points out that Hill admitted being at the scene while the crime was being committed and did not go and get help.

Judge Cosgrove concluded that the evidence does not create a strong possibility that the outcome of Hill's case would be any different if a new trial were granted.

The judge found no cause to delay Hill's execution, but noted at the time that her ruling could be appealed.   

Hill has also filed a second and final motion with the 6th circuit appeals court in Cincinnati in regards to his intellect at the time of the attack.

The claims have since been denied once before, but will be heard once again in November.