Letters to the Parole Board on behalf of John Spirko

Ohio Parole Board
1050 Freeway Drive North
Columbus, Ohio 43229
(614) 752-1200

John Spirko A-171433
Mansfield Correctional Institution
P.O. Box 788
Mansfield, Ohio 44901

Dear friends of John Spirko and Opponents of the Death Penalty

Today I ask you for some help. As you know,John Spirko has a serious execution date for 20th Sept. before that date on 23 August the Board of Pardons and Parole will think about if they grant clemency or not.

We need to try to do everything to at least try to save John's life and to convince them that John Spirko does not deserve the death penalty. In fact John Spirko deserves to have his entire case and all evidence heard in a court. John has spent 23 years on death row and never had his entire case heard.

Please send letters to the Parole Board with the following contents:

To those who are friends of John please write your personal opinion about him. What he means to you. Please remind them that he did not kill Betty Jane Mottinger and that there is evidence that he did not commit this crime.

State your name, age, and occupation. If you have been on the same job for a number of years, state the number of years you have been similarly employed.

StateYour belief that the, he is an innocent man.; the reason you feel this way, your belief that he/she will be a useful and a law abiding citizen given the chance. Describe any improvements in the prisoner's attitude, behavior, or efforts he/she has made to improve himself/herself (education, treatment programs).

State your relationship with him/her (e.g. friend, relative, teacher, employer, co-worker, etc.) You can also just be a concerned person/citizen

Below is some information on John's case to help you with what to write. But you can look at his site www.johnspirko.com for further information.

Ohio's largest circulation newspaper, Cleveland's The Plain Dealer, published an editorial on February 3, 2005 concerning John Spirko's case. Titled "Lying Isn't A Capital Offense", that editorial stated in part:
The 201 wretches who currently populate Ohio's death row are, without a doubt, troubled people. ... In at least one case, the state is prepared to kill a man even though a compelling body of evidence indicates that he literally lied his way into a death sentence.
In a three-part series last week, Plain Dealer reporter Bob Paynter meticulously detailed the web of lies, deception and stunningly inane logic that Spirko used to convince law-enforcement authorities that he was an eyewitness to a 1982 murder in Van Wert County.
The evidence, however, is overwhelming that Spirko had absolutely nothing to do with the murder of Betty Jane Mottinger, who ran a post office in tiny Elgin, Ohio. But using the impenetrable logic of a classic bumbling criminal, Spirko told authorities he was present at her murder, hoping to parlay a web of lies into a deal that would lessen the penalty he and a girlfriend faced in a unrelated assault case.
There was no physical evidence that he was present at Mottinger's brutal slaying, and his stories - contradictory and constantly changing - made no more sense then than they do now.
Yet, with the help of a zealous postal inspector investigating the case of a lifetime, Spirko managed to get himself not only convicted, but sentenced to die. Nor is he the only one involved in this case who is guilty of shading the truth. The Van Wert County prosecutors office failed to share with defense counsel compelling evidence that would have seriously damaged the case against Spirko. Failing the parole board recommending clemency, Gov. Bob Taft should weigh the evidence and decide whether an execution would be an injustice.We believe it would be a total miscarriage of justice.

In May 2004, Judge Ronald Lee Gilman on the Federal Sixth Circuit Court of Appeals voted to grant John Spirko an evidentiary hearing, writing that the case against him was built on a "foundation of sand," and that the "complete absence" of physical evidence raised "considerable doubt" that he had been lawfully convicted. Judge Gilman was outvoted 2 to 1.

There was also a confession by another man who admitted to the crime. That was never turned over to the defence. Also withheld from them were witness interviews of other people who were in front of the post office at 8:20 to 8:25 am. One witness in fact had a brown and white Monte Carlo that was parked in front of the post office at 8:25 am that morning. She, and several other people, were at the post office that morning waiting to pick up their mail. They even leaned against the woman?s car waiting for the post office to open.

In a recent two-day series, the News Journal offered information that raises questions about Spirko's role in the killing of Betty Jane Mottinger. These questions are led by the fact prosecutors decided not to bring accused accomplice Delaney Gibson to trial, a move that has Spirko and his attorneys renewing efforts to get a new trial.

In the 23 years since Betty Jane Mottinger disappeared and was found murdered, the State of Ohio has never made any effort to put Delaney Gibson on trial. Why? Because they know he is innocent, and they know he can prove his innocence! Although he had been indicted in the Mottinger case, Ohio never placed a detainer against him during the 17 years he spent in a Kentucky prison for two unrelated murders. Consequently, Gibson was paroled in 1998, returned to prison on a parole violation, and paroled again. He was repeatedly released from prison even though there was an outstanding warrant for his arrest and he was under indictment in Ohio for capital murder with death penalty specifications.

There is something very wrong when Delaney Gibson was freed from prison while under indictment for the same capital crime that I was convicted and sentenced to death for. However, as I?ve explained the reason is simple: the State knew Gibson was innocent of any involvement in Betty Jane Mottinger?s abduction and murder. Yet the prosecution argued to my jury that Gibson and I committed this crime together. My prosecutors did nothing less than present false evidence and a false case to my jury, knowing it was false at the time of my trial.

May 2004 Appeals Court Denial

On May 17, 2004, a three-judge panel in the Federal Sixth Circuit Court of Appeals voted 2-1 to deny my habeas petition. (Spirko v. Mitchell, 368 F.3d 603 (6th Cir. 05/17/2004))

On the same day, the Van Wert County prosecutor dropped all charges against Delaney Gibson. He is now a free man.

Gibson faced a capital murder charge for the crime while serving 15 years of a 20-to-life sentence in Kentucky for an unrelated murder, but was paroled in July 2001.

At issue are photographs, receipts and other evidence that show a bearded Gibson in North Carolina the night before the crime, which happened at 8:30 a.m. more than 500 miles away in Elgin, near Indiana. Spirko obtained the photographs from postal records after a 10-year fight, and argues the state inappropriately concealed the Gibson alibi.

The state's key eyewitness testified she was 100-percent certain she saw a clean-shaven Gibson outside the post office the morning of the murder. She was shown an old mug shot of him without a beard and never saw him at trial because he escaped a Kentucky jail and was on the run.

In order for this murder to have occurred in the manner which the state alleges, Gibson must have finished visiting with relatives in North Carolina early Sunday evening, shaved his beard, jumped in a vehicle and drove more than 500 miles through the night to northwestern Ohio. Spirko, a convicted murderer and former cellmate of Gibson's, was paroled 13 days earlier and was living in Swanton with his sister. He allegedly met Gibson and the pair made the two-hour drive to the tiny village of Elgin, where they robbed the post office of less than $100 before kidnapping and murdering the postmistress.

No physical evidence links Spirko to the crime: He matches none of the fingerprints lifted, no blood evidence, no fibers, no murder weapon, no burglary proceeds.

The chief link is the stories Spirko told trying to bargain himself into the witness protection program and get his girlfriend out of trouble for smuggling him hacksaw blades into the county jail, where he was being held on unrelated assault charges. He admitted his involvement in the killing, according to a postal inspector. That is the primary evidence against him. It's an admission he now denies.

In a recent opinion, U.S. Circuit Court Judge Ronald Lee Gilman said the case record "leaves me with considerable doubt as to whether he has been lawfully subjected to the death penalty."

To those who ain't in touch with John please write your opinion about the death penalty and about his case.. That it does not prevent further crime, that it is no deterrent at all and that it does not bring closure to the victims family

We ask for true justice because if the truth is heard it could save John's life.

Please keep the letter short (just one page) and don't send it anonymous. Include your home address, phone number and e-mail address. If you have a legible handwriting it would be best to write by hand or type the letter but don't forget a hand signed signature.

Please send your letters to the Parole Board: Ohio Parole Board 1050 Freeway Drive North Columbus, Ohio 43229 (614) 752-1200

We need these letters in time before his clemency hearing date on August 23, 2005. So please send it right in time. You know that letters from overseas need round about a week, sometimes even longer. So please send out your letters quickly

URGENT: Please don't forget to express your feelings for the victim and the victims family. They have suffered a terrible loss and justice has not been served for this family either.

I truly appreciate your support and your kindness for John Spirko and his family.

Karen

You may address your letters to a specific person on the Parole Board, if you wish, but it is also acceptable to address your letter Dear Parole Board Member: The Ohio Parole Board consists of nine Parole Board Members, including the Chairperson, an Executive Assistant, two Chief Hearing Officers, a Quality Assurance Supervisor, three Quality Assurance Analysts, twenty-one Hearing Officers, eighteen Parole Board Parole Officers, and an Administrative Assistant.

Current parole board members include:

Gary R. Croft - Chair

Mr. Croft began employment with the Department in October 1991 as a Case Manager at the Southeastern Correctional Institution. He was later promoted to Unit Manager. In July 1997 he was promoted to Deputy Warden of Operations at the Allen Correctional Institution. In September 1999 he was appointed Warden of the Lorain Correctional Institution. In July 2001 he was appointed Regional Administrator of the Adult Parole Authority, Columbus Region. Mr. Croft was appointed as a Board Member in August 2002. Mr. Croft received his Bachelors of Science degree from Youngstown State University.

Betty J. Mitchell - Member

Ms. Mitchell began her career with the Ohio Department of Rehabilitation and Correction in 1987 as a Psychology Assistant at the Madison Correctional Institution. She was later promoted to Deputy Warden of training Industry and Education at the London Correctional Institution. Ms. Mitchell was appointed Warden of Hocking Correctional Institution in 1993 and subsequently served as Warden of Southeastern Correctional Institution, Trumbull Correctional Institution and the Mansfield Correctional Institution. She was assigned to the Adult Parole Authority as a Parole Board Member in March 2000. Ms. Mitchell received her Bachelors of Arts Degree in Psychology from Wright State University and completed two years of the Wright State University?s School of Professional Psychology.

Cynthia B. Mausser - Member

Ms. Mausser began employment with the Department February 1994 as a Parole Board Hearing Officer. She was promoted to Chief Hearing Officer August 2000. Previously, she served the Ohio Public Defender Commission as an Assistant State Public Defender representing inmates at Technical Parole Revocation Hearings. Ms. Mausser was appointed to the Parole Board December 2001. She was admitted into the Ohio Bar in November 1991 and has a Bachelors and a Juris Doctorate Degree.

Peter Davis

Mr. Davis began employment with the Department in September 2001 when he was appointed to the Parole Board. He previously served for 23 years as Executive Director of the Correctional Institutional Inspection Committee of the Ohio General Assembly. He has also served as an attorney in General Practice. Mr. Davis has a Bachelors and a Juris Doctorate Degree.

Robert Maszczynski - Member

Mr. Maszczynski began employment with the Department in 1979 as a Parole/Probation Officer out of the Columbus District Office, primarily working in the Knox County area. In 1988, he was promoted to Parole Board Hearing Officer and in April of 1995, he was promoted to Chief Hearing Officer for the North Region. Mr. Maszczynski was appointed as a Board Member in August 2002. Mr. Maszczynski has a Bachelors and a Masters Degree.

Kathleen Kovach - Member

Mrs. Kathleen Kovach comes to the Parole Board with 13 years of experience in crime victim services. She was employed for 11 years with the Victim Assistance Program in Summit County, serving three years as Assistance Director. In addition, Mrs. Kovach spent the last two years as the Director of Victim Services for the Summit County Prosecutor?s Office. She has undergraduate degrees in Criminal Justice and Social Work and a Master?s Degree in Social Work from the University of Akron.

Ellen Venters - Member

Ms. Venters was appointed to the Ohio Parole Board in August 2004. Ms. Venters began her employment with the Department Of Rehabilitation and Correction in August 2000 as the Superintendent of Special Services with the Division of Parole and Community Services. She was formerly Executive Director of an alcohol and drug treatment facility for 5 years and has an additional 18 years of work experience in community corrections. Ms. Venters has a Bachelor of Arts Degree in Psychology from Wittenberg University and earned a Juris Doctorate Degree from Capital University Law School.

Jim Bedra - Member

Mr. Bedra was appointed to the Parole Board March 1996. His position was made possible by Senate Bill 2, which mandated the appointment of a victim of crime and/or victim advocate to the Board. Mr. Bedra met both qualifications and is a Registered Victim Advocate. He served five (5) years as Assistant Director of Toledo/Lucas County Victim Assistance, a division of the Lucas County Prosecutor. He worked for Lucas County Children?s Services eight (8) years as a caseworker and five (5) years as a supervisor of the Sexual Abuse and Investigations Unit. He served five (5) years as a Mental Health Practitioner with Rescue Mental Health and is a Licensed Social Worker. Mr. Bedra has a Bachelors Degree.

Sandra Crockett Mack - Member

Dr. Mack began employment with the Department of Rehabilitation and Correction in January 1997 when appointed to the Parole Board. She previously served as Director of Volunteer Services with the Department, as an instructor of Business Education with the Department of Youth Services and as Professor of Psychology at Central State University. Dr. Mack was formally Executive Director of the Human Resources Mental Health Center in Columbus. She also served as a Commissioner of the Ohio Department of Mental Retardation and Developmental Disabilities. Dr. Mack has a Masters Degree in Corrections and a Ph.D. Degree in Education and Counseling Psychology, and is completing a Master of Divinity.

For further information see www.johnspirko.com.