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Dayton Daily News
EDITORIAL Postal Service Must Deliver In Death Case By the Dayton Daily News Death Row inmate John Spirko's second clemency hearing went forward last week without evidence that could give crucial insight into whether he might be executed for a crime he didn't commit. The possible existence of such evidence was revealed in correspondence made public in mid-September from Gregory A. Duerr, a career U.S. postal inspector. Mr. Duerr had been a colleague of Postal Inspector Paul Hartmann, the state's lead investigator and chief witness in Mr. Spirko's 1984 murder trial. Mr. Duerr, stationed in Cleveland, had read recent news accounts of how Mr. Hartmann's testimony was the main evidence leading to Mr. Spirko's conviction — and his impending execution. No forensic, physical, or scientific evidence links Mr. Spirko to the crime. The sole eyewitness placing Mr. Spirko near the scene was only "70 percent sure." Virtually the entire case is based on what Mr. Hartmann says Mr. Spirko told him during prison interviews — none of which were electronically recorded. In late August, Mr. Duerr wrote to Gov. Bob Taft and told him of "concerns that a tragic injustice will take place if Mr. Spirko is executed." He informed the governor that Inspector Hartmann has "a history with the agency," and the execution should be delayed "until it can be sufficiently determined that [Mr. Spirko] was truly convicted on fact and not fabricated evidence and lies." Mr. Duerr then wrote his own agency's chief inspector, Leroy Heath, asking that the postal service "request that the execution be delayed until the serous issues indicating innocence be truly resolved." Mr. Duerr informed the chief inspector that he had "witnessed unprofessional comments," from Inspector Hartmann, "and in some instances conduct bordering on the criminal." He added, "We are under the impression that our agency has taken a 'hands-off' approach to this, even with the knowledge they have of Paul Hartmann. Not proactively attempting to seek justice places each of us in the position of being personally responsible for the execution." The postal service allowed Mr. Duerr to appear at a deposition this month. He testified about an incident in which he says Mr. Hartmann asked agents to engage in unlawful interrogation techniques. He spoke of alleged complaints from another agent that Mr. Hartmann had suggested including false statements in a search warrant application. Mr. Duerr identified other postal inspectors who might have information about Mr. Hartmann's conduct and credibility. Top state officials show no interest in getting to the bottom of this. Mr. Spirko's lawyers wrote to Ohio Parole Board Chairman Gary Croft, asking for help in getting records and other information from the postal service about Mr. Hartmann's integrity and credibility. Mr. Croft responded, "It is not the role of the parole board to independently investigate the facts of the crime for the purpose of discovering evidence." The lawyers asked Gov. Taft for the same kind of assistance. The governor's legal counsel responded that "it is not appropriate for the governor to make a formal request ... to obtain information." Attorney General Jim Petro speaks in lofty terms about the need for "super due process" in death penalty cases. Yet, his office sat on Mr. Duerr's letter for two weeks before turning it over to Mr. Spirko's lawyers. The state has fought tooth and nail ever since to prevent Mr. Spirko from getting more evidence that might help him. That leaves it up to the Postal Service. It should deliver the requested information fast — for the sake of its own integrity.
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