Spirko execution should be delayed

Hartman was the postal inspector who investigated the 1982 murder of a
postmaster in rural Elgin, Ohio.

Hartman is the main reason John Spirko was convicted of stabbing Betty
Jane Mottinger to death.

It's clear that Hartman doesn't even believe his own stories. His
statements under oath and in tape-recorded interviews contradict and
discredit him.

Until Hartman got involved, nothing in the murder investigation pointed to
Spirko. No physical evidence, no fingerprints, no weapon, no DNA.

Hartman was the lead investigator who produced most of the evidence used
to convict Spirko. During interviews with Spirko, Hartman lured him into
implicating his friend and former cellmate, Delaney Gibson.

The phony Gibson connection helped convict Spirko because an "eyewitness"
identified an old photo of Gibson as the stranger she saw hanging around
town the morning of the murder. The key element of the case was that
Spirko committed the murder with Gibson.

But Hartman had photos, receipts and witnesses placing Gibson more than
500 miles away from Elgin the night before the crime. This evidence
weakened the case against Spirko, so prosecutors filed it away.

Spirko's attorneys didn't get that information until 12 years after the
conviction.

In the past 16 months, Hartman has told at least three people - 2 of them
in tape-recorded interviews - that he never believed Gibson was involved
in the murder and that he told prosecutors about his doubts before the
trial.

When questioned about those statements months later, Hartman changed his
story. Under oath, he admitted he "purposely misled" a Plain Dealer
reporter and Spirko's attorneys.

Another factor that led to Spirko's conviction were so-called "intimate"
details that Hartman said Spirko knew about the crime. But some of those
details were wrong, others had been in the news, and some - like the
Gibson connection - might have been suggested by Hartman.

Hartman never taped his interviews with Spirko, never had Spirko sign a
written statement.

How convenient.

A federal judge in Toledo is considering a request to reopen the case.

But Ohio Attorney General Jim Petro is in a rush to execute Spirko.

Why?

Why, after 20 years, rush to execute a man before a federal judge can
review the case?

Are we afraid of the truth? Are we afraid that if Spirko is not guilty,
Ohio will owe him money for a wrongful conviction?

Spirko's lawyers have asked the Ohio Parole Board to recommend clemency.

The board meets on Tuesday.

Write Governor Bob Taft, 30th Floor 77 South High Street Columbus, Ohio
43215-6117.

Call him at 614-466-3555.

Fax him at 614-466-9354.

Go to www.governor.ohio.gov and e-mail him at the top of the page.

Ask him to delay the Sept. 20 execution of John G. Spirko.

Ask him to allow a federal judge to examine the case and dispel all
doubts.

Ask him to set aside the death penalty.

By Hartman's own admission, it's clear we can't believe him.

If we can't believe Hartman, how can we execute Spirko?

We can't.

(source: Column, Regina Brett, Cleveland Plain Dealer)