The Reality of the Death Penalty

The cases of two Toledo men – out of the current 195 Ohio inmates on death row – have brought to light the controversy behind the sentence.

John Spirko and Joseph Clark were both convicted and sentenced in the early 1980s. This year, their cases have become a part of Ohio’s execution history.

“We waited 22 years,” said Michael Manning, who was in Lucasville May 2nd when his brother David’s killer, Joseph Clark, was put to death.

Joseph Clark admitted his crime; however, his execution was neither routine nor peaceful. Clark’s vein collapsed during his execution. This caused a 90-minute delay before the lethal injection process could begin again.

“There were flaws,” said Manning, who is a full supporter of the death penalty. “We seen that.”

Now, Manning questions what he’s seen.

“I really believe there was cruel and unusual punishment in one of the deaths,” he said.

Manning’s concern is shared by Ohioans to Stop Executions, whose members protest before all executions just as they did here in Toledo when it was Clark’s turn to die.

“I think that particular case highlights one aspect of the whole death penalty questions and issue,” said Edward Hoover of Ohioans Against Executions. “People are looking at the death penalty and coming to some of the conclusions we’ve had for some time.”

Many of those conclusions include: It’s wrong for the state to kill in the name of punishment, especially when the state may be killing an innocent man.

John Spirko, unlike Clark, has maintained his innocence all along. He is scheduled for execution in November for the 1982 kidnapping and murder of the Elgin, Ohio, postmistress.

Spirko’s attorney is hoping that day will never come.

“Without question Mr. Spirko should not be on death row,” said Alvin Dunn, the attorney for John Spirko. “There’s enough called into question that he should get a new trial. Without a question, he did not get a fair trial. He was not involved in this crime.”

The questions raised are part of the reasons for the postponement of Spirko’s execution, which has happened for times. DNA testing on original evidence in the case also needs to be done, and more recently, a detective came forward and changed his story, further supporting Spirko’s case.

“It would be completely proper to give him clemency, take him off death row and take away the possibility the state could execute an innocent man,” Dunn said.

Dunn said this case is causing many to stop and reexamine the need for executions.

“The death penalty is being applied a little less frequently in Ohio,” he said. “I think across the country people are taking a look at it. I don’t know if that means they will abolish it, but I think it’s good everybody’s taking a look at it.”

Examining the death penalty is all that groups including Ohioans to Stop Executions ask for.

“To take a human life make’s absolutely no sense,” Hoover said. “Somebody’s got to say we are better than that. It’s better for the common good. To take a human life is to less the value of all human life.”

However, victims including the Manning family strongly disagree.

“The death penalty is a deterrent,” Michael Manning said. “And we need every kind of deterrent there is to keep people in line.”

Even after watching a man die by lethal injection, Manning disagrees with those who say that two wrongs do not make a right.

“Let their family members get murdered and we’ll see what they think of the death penalty then,” he said. “I bet you their attitudes change drastically.”

The State Attorney General’s office was called multiple times over the past couple of weeks; however, it has declined the opportunity to comment, which can be seen as further proof of what touchy subject Ohio’s death penalty is.

 Source:  http://www.foxtoledo.com/dsp_story.cfm?storyid=49232

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