September 1, 2005

EDITORIAL

Questions in capital case should concern all Ohioans

Enough questions have been raised about the case of a man sitting on Ohio’s Death Row to warrant a delay in his execution. Otherwise, Ohio risks putting an innocent man to death.

Governor Bob Taft can intervene by granting clemency to John Spirko, who is facing a death sentence on Sept. 20. The governor could also stay Mr. Spirko’s execution until a federal judge in Toledo, James Carr, can consider a request from Mr. Spirko’s attorneys to reopen the case. Given the doubts some are raising about this case, intervening would be the right thing for Governor Taft to do.

Mr. Spirko was convicted of the 1982 murder and kidnapping of Betty Jane Mottinger, the postmaster in Elgin, a hamlet in northwest Ohio. He is not a sympathetic man. Even before he was convicted of murdering Ms. Mottinger, he had spent most of his adult life in prison for such crimes as murder, theft, arson and forgery. But Mr. Spirko’s criminal and personal history should not prevent Ohioans from wanting to see that all efforts are made to ensure that Mr. Spirko receives a fair hearing.

On Aug. 27, The Plain Dealer in Cleveland reported that a senior deputy attorney general, Tim Prichard, made “false statements” about the case during a hearing before the Parole Board, “mischaracterizing evidence” about what Mr. Spirko knew about the slaying and about Mr. Spirko’s whereabouts on the day Ms. Mottinger was abducted. Mr. Prichard denied to the newspaper that he made misstatements.

But this revelation is indicative of the way this case has been handled. A former judge and FBI director told the Ohio Parole Board that he has found prosecutorial abuses that raise questions about the legitimacy of Mr. Spirko’s conviction and death sentence. Paul Hartman, a federal postal inspector who played a key role in Ms. Mottinger’s murder investigation, has reportedly said that he had doubts about important evidence that helped convict Mr. Spirko and that he told prosecutors of his uncertainty. Prosecutors also withheld key information about their case from Mr. Spirko’s attorneys.

In addition, the state has no physical evidence linking Mr. Spirko to the murder. The Plain Dealer and other media outlets have reported that Mr. Spirko lied repeatedly to investigators about what he knew regarding Ms. Mottinger’s slaying, in an attempt to receive lenient treatment for himself and his girlfriend in another, unrelated, case.

Mr. Spirko’s execution is fast approaching. The Ohio attorney general’s office has refused to support requests from Judge Carr in Toledo for a delay. Last week, the Ohio Supreme Court rejected requests for a postponement. Then on Tuesday, the Ohio Parole Board recommended that Governor Taft deny clemency for Mr. Spirko.

All Ohioans should have confidence in the state’s justice system, especially when it comes to capital cases, where the stakes are the highest they can be. Revelations about Mr. Spirko’s case should shake that confidence, however. To execute someone when so many doubts remain is not justice.

—Robert Mihalek