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Inspector questions Spirko's guilt

Thursday, 15 September 2005

Prosecution witness has bad reputation, postal worker asserts

By Tom Beyerlein

Dayton Daily News

In yet another strange twist in the case of condemned inmate John Spirko, a U.S. postal inspector has written a letter bashing the character of a key prosecution witness and concluding "it appears an individual who did not commit the crime is going to be executed."

Postal Inspector Gregory A. Duerr of Cleveland, in a letter dated Aug. 31, called upon Chief Inspector Leroy Heath to request that Spirko's execution, now set for Nov. 15, be "delayed until the serious issues indicating innocence (are) truly resolved." By remaining silent on Spirko's execution, Duerr said, "the Inspection Service ... has placed itself on the side of injustice."

Duerr said retired postal inspector Paul Hartman, whose testimony was critical in sending Spirko to death row in 1984, had a reputation for unprofessional conduct and was forced to retire early after several inspectors complained about him. Duerr said he was threatened by his superiors after he raised questions about Hartman's role in Spirko's conviction.

"These are extraordinarily serious allegations," said Spirko's attorney, Thomas Hill of Washington, D.C. He said Duerr's letter indicates the postal service is "trying to sweep this all under the rug," but "we intend to get to the bottom of this."

Ohio Attorney General Jim Petro's office received Duerr's letter Sept. 2, verified its authenticity and sent it to the state parole board and Spirko's attorneys Tuesday. The board has set a clemency hearing for Oct. 12.

"We have taken the letter very seriously," said Petro spokeswoman Kim Norris, but issues of Hartman's credibility "have already been examined by the federal courts."

Hartman interrogated Spirko numerous times in late 1982 and early 1983 about the August 1982 kidnapping and murder of Elgin postmaster Betty Jane Mottinger. The interviews weren't tape recorded, Spirko didn't sign any statements and sometimes there were no witnesses to the interviews. But Hartman said Spirko, now 59, knew details only the killer would know.

Spirko's attorneys have said his so-called guilty knowledge could have come from newspaper accounts or from Hartman.

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