Attorney General asks for fifth reprieve for condemned killer

Spirko, 60, has already received far more reprieves than any other inmate since Ohio resumed executions in 1999.

Taft spokesman Mark Rickel said the governor would decide shortly after returning from his weeklong trade mission to Mexico, which begins Saturday.

Petro asked for the delay at the request of Spirko's attorneys, who say they can't finish the testing before the scheduled execution date.

Additional testing is being done on a tarp that held the body of slain postmistress Betty Jane Mottinger and two rags found in a field nearby.

Spirko, who says he is innocent, was convicted based on witness statements and his own comments to investigators. No physical evidence ties him to the killing and charges against a co-defendant who linked him to the murder have been dropped.

Courts at all levels have previously upheld his conviction and death sentence.

Spirko's execution is scheduled for Nov. 29.

Taft last delayed the execution in June to allow additional time for DNA testing. He had previously allowed a delay of six months and two delays of 60 days each.

Petro's request said another six months should be enough time for testing, according to the letter sent Friday by Heather Gosselin, senior deputy attorney general. But the letter also adds, "Should more time be needed, we will request an additional extension."

A message was left with Spirko's attorney seeking comment.

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

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Attorney General: http://www.ag.state.oh.us/

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