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The Plain Dealer
2nd Spirko Hearing Lasts 9 Hours Thursday, October 13, 2005
Bob Paynter In a second marathon session in as many months, attorneys for death-row inmate John Spirko and the state of Ohio squared off before the Ohio Parole Board Wednesday over whether Spirko should be executed for the 1982 murder of a rural postmaster. Reprising arguments from his first clemency hearing in August, Spirko's lawyers vigorously attacked the credibility of former Postal Inspector Paul Hartman, whose dozen-plus untaped interviews with Spirko formed the spine of the prosecution. Noting the absence of physical evidence linking Spirko to the murder of Betty Jane Mottinger or backing his statements, attorney Thomas Hill said the case boils down to little more than "Paul Hartman versus John Spirko -- two men, neither of which has any credibility. "Both are liars," Hill said. "Each tried to outsmart the other. Both were wrong." Given mounting questions about Hartman's investigation of Spirko, Hill said there is "far too much doubt" about his client's guilt to execute him. He is scheduled to be put to death on Nov. 15. Hill urged the board to reverse its split decision of Aug. 30 and recommend that Gov. Bob Taft grant clemency. The board will make its recommendation on Oct. 19. But attorneys for the state argued just as vigorously that nothing consequential has changed since a Van Wert County jury convicted Spirko in 1984. They urged the board to recommend execution. What convicted Spirko was testimony that indicated he knew details about the crime that only the killer would know, said Senior Deputy Attorney General Tim Prichard. Prichard noted that four of the original jurors recently said they stand by their verdict. "You've got to see his demeanor on the stand," Prichard said, while playing extended video clips of Spirko's 1984 testimony. "This is why the jury convicted him, and this is why none of those jurors would change their mind."
Wednesday's clemency hearing lasted a record nine hours and included some spirited questioning of both sides by board members. The previous record of just over eight hours was set at Spirko's first clemency hearing on Aug. 23, one measure of how contentious his case has become. The second hearing was scheduled after The Plain Dealer reported that Prichard had made misstatements about the evidence the first time. Prichard questioned some of the details Wednesday, while acknowledging others. "Whether misstatements were made or not," he said, "there was no attempt to mislead. We're human and can make mistakes."
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