John Spirko Latest News

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Taft grants fourth delay in death sentence


6/19/2006, The Associated Press


COLUMBUS, Ohio (AP) -- Gov. Bob Taft on Monday delayed for the fourth time the execution of a man convicted of killing a postmistress so investigators can try to match DNA evidence to other suspects.

Attorney General Jim Petro last week asked Taft's legal staff to postpone for 120 days, and possibly longer, the execution of John Spirko, 60, who was to be executed July 19.

Taft has delayed the execution on three previous occasions at Petro's request, twice for 60 days and most recently for six months. Spirko originally was to die Sept. 19, 2005, for the 1982 abduction and slaying of Betty Jane Mottinger, 48, the postmistress in Elgin in northwestern Ohio.

Spirko asked Petro for DNA testing on hair found on duct tape wrapped around the tarp in which Mottinger's body was found. On March 13, he requested testing on additional evidence, including 30 to 100 cigarette butts recovered from the Elgin post office, where Mottinger was kidnapped.

"It is my hope that the additional time permits the completion of the DNA testing and analysis agreed upon by the Attorney General and Mr. Spirko's counsel," Taft said in a statement.
Petro told Taft said he believes the 120 days should be enough to finish the investigation.

Courts at all levels have upheld the conviction and death sentence, but Spirko claims he is innocent and his attorneys say the evidence against him is thin.



TAFT STATEMENT ON JOHN SPIRKO REPRIEVE


Monday, 19 June 2006 COLUMBUS (June 19, 2006) -

Governor Bob Taft today issued the following statement upon granting John G. Spirko a reprieve:

"At the request of the Ohio Attorney General, I have issued a warrant of reprieve for inmate John Spirko, delaying his execution date until November 29, 2006. It is my hope that the additional time permits the completion of the DNA testing and analysis agreed upon by the Attorney General and Mr. Spirko's counsel."


# # #Media Contact: Mark Rickel, Governor's Press Secretary, at [phone].

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Spirko: Petro agrees to check DNA on cigarette butts


Monday, 19 June 2006

The state yesterday asked for a 4th delay in the execution of convictedmurderer John Spirko as it continues to conduct a fresh round of DNAtesting on 22-year-old evidence

Spirko, 60, has asked for testing of between 30 to 100 cigarette butts recovered in August, 1984, from the post office in the Van Wert Countyvillage of Elgin, where postmaster Betty Jane Mottinger was kidnapped.Her body, stabbed repeatedly, was found weeks later in a soybean fieldnear Findlay.

It was draped in what appeared to be an old theater curtainused as a painting tarp, evidence that has now been scoured anew for DNAsamples.Alvin Dunn, one of Spirko's attorneys, said the defense team was unawareuntil recently that the cigarette butts still existed, and that AttorneyGeneral Jim Petro's office agreed to add them to the items being tested.

Spirko's lawyers hope DNA recovered from hair samples, cigarette butts, orother evidence will match someone in a national database or potentiallyone of the potential "suspects" they have fingered.In the alternative, they hope a complete absence of DNA connecting Spirkoto the crime will bolster his claim that he was in the Toledo area at thetime.

"Because the number of samples to be tested is so voluminous, the attorneygeneral outsourced this testing to a private lab to ensure that thetesting would be completed in an expeditious manner," Senior DeputyAttorney General Heather L. Gosselin wrote to Mr. Taft's office."Even so," she wrote, "the testing will not be completed prior to Mr.Spirko's scheduled July 19, 2006, execution date.

"She requested an additional 4-month delay, which would postpone theexecution to late November.

Taft spokesman Mark Rickel said the governorwill make a decision "as soon as possible."Spirko's execution had originally been set for Sept. 20, 2005, but Mr.Taft granted him a 2-month reprieve after it was revealed that theattorney general's office had misrepresented some facts during hisclemency hearing. A new clemency hearing was held, but the result was thesame, a 6-3 vote recommending no mercy.

Then Mr. Taft approved a request from Mr. Petro's office to delay theexecution two more months while it conducted modern DNA testing. Thatdelay has later extended by six months, and could now be extended 4 moremonths.

Ms. Gosselin left the door open in her latest letter for another delay ifneeded.Mr. Dunn said Spirko has been a smoker and that he would be surprised ifSpirko wasn't a smoker in 1982

."There are plenty of smokers that have been around the post office," hesaid. "If there is DNA identification on the cigarette buts, and it pointsto people who would not normally be in a post office in the small villageof Elgin, such as somebody from Findlay, Ohio, we think that would requirefurther explanation," he said.


(source: Toledo Blade)