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Toledo Blade
Spirko's Lawyers Plead For His Life He has a good alibi, defense says of man convicted in 1982 slaying Thursday, October 13, 2005
By CHRISTOPHER D. KIRKPATRICK COLUMBUS - Death penalty lawyers pleading for the life of convicted murderer and Toledo native John Spirko argued yesterday that the 23-year-old case was so flawed and his alibi so tight that the state parole board has little choice but to recommend mercy. The case is unprecedented in Ohio because Spirko already had one clemency hearing, which was nullified by the governor over charges that Tim Prichard, senior deputy attorney general, misrepresented some of the case the first time around. After that first hearing, the panel voted 6-3 to recommend Gov. Bob Taft not block the execution. But the governor delayed it to Nov. 15 to allow for another hearing. A second recommendation is due Wednesday. During about nine hours of testimony yesterday, attorney Thomas Hill argued that during the investigation of the 1982 kidnapping and murder of Elgin postmaster Betty Jane Mottinger, 48, postal investigator Paul Hartman behaved improperly and forwarded a theory of the crime that he did not even believe was true. Mr. Hill also said that Spirko admitted to knowing some details about Ms. Mottinger's murder, such as the exact dimensions of her purse and the number of stab wounds, because he read them in newspaper accounts and was fed the information by Mr. Hartman and others - not because he was guilty. At the time, he acted as if he had special knowledge of the crime from sources so he could help prosecutors and curry their favor to become eligible for the federal witness protection program, Mr. Hill said. He also wanted to lessen a prison sentence for his girlfriend, who had tried to help him escape from jail and was facing a possible prison term. At his trial, Spirko claimed his friend and former Kentucky cell mate Delaney Gibson, who has been convicted of murder in the past, committed the crime. He said he saw the purse in his car back seat shortly after the murder. A jury did not believe him and sentenced him to death. Later, Spirko changed his story, saying that Mr. Gibson could not have committed the crime because he was picking tomatoes 600 miles away in North Carolina, and so the state's theory that the two committed the crime together does not wash with the facts. The defense also claims that he was with his sister all day, including at a meeting with his parole officer in Toledo. Prosecutors yesterday pounced upon the defense, saying that Spirko's guilt or innocence had nothing to do with Mr. Gibson or his whereabouts at the time of the murder. They also contended that newspaper accounts did not provide the level of crime scene detail that Spirko supplied, and said he had used his friend to divert suspicion. Claiming that Mr. Gibson could not have committed the crime does not clear Spirko, Assistant Attorney General Chuck Willie argued. Spirko's sister, Cathy Bailey of Swanton, told the board through a videotaped statement that she was with her brother in Toledo about 100 miles northwest of the village post office in Elgin. She said he took her to a doctor to be treated for a migraine. Spirko moved in with his sister as a parolee in Kentucky after serving a sentence for murder 12 days before Mrs. Mottinger's disappearance. He also placed a call that day to the prison from his sister's home to inquire about his television, which had not been delivered with the rest of his belongings. "Far too much doubt exists to permit Spirko's execution," Mr. Hill said. Parole Board member Jim Bedra, who is former assistant director of Toledo/Lucas County Victim Assistance, said evidence suggests that more than one person committed the crime and said he was concerned that investigations into the crime had appear to have stopped, including not bringing Mr. Gibson to trial in Ohio for his potential role in Ms. Mottinger's murder.
Contact Christopher D. Kirkpatrick at:
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