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DAYTON DAILY NEWS
COMMENTARY
Eddie Roth: Dead Man Writing
By Eddie Roth "Best regards always," was the closing on a Christmas card that arrived in the mail last week with the Youngstown postmark. I was immediately struck by the polite sentiment because "always" doesn't amount to much, not in this case, at least when measured against the limited time the card sender likely has remaining on this mortal earth. It came from John Spirko, who's been on Ohio's Death Row for more than 20 years. He was convicted of the murder of Betty Jane Mottinger and is set to be executed Jan. 19. The card conveyed his thanks for a series of editorials that appeared on this page, the most recent of which urged Gov. Bob Taft to grant him clemency — commuting his death sentence to life in prison. I've never spent much time writing about the death penalty because I prefer to work on things in which I think I can make a difference. The public has little sympathy for people on Death Row, and politicians generally prefer to exploit low emotions, such as vengeance, than to lead us toward a more decent society. I was drawn to the Spirko case because it is alarmingly clear that he is about to be put to death for a criminal conviction supported by precious little evidence. No weapon, fingerprints, blood, DNA or other scientific, physical or forensic evidence links him to the crime. There's no recorded or signed confession. No accomplice has pointed the finger. Dozens of federal and state investigators pursued the case. But they turned up nothing against Spirko — other than uncorroborated statements from an erratic postal inspector who claimed Spirko told him things during prison interviews that only the murderer could know. That's what put John Spirko on Death Row — that, and the fact that his record shows him to be a loser with a long criminal history. What has impressed me most about his case are the depths to which people who would be involved in the execution are prepared to kid themselves — judges, prosecutors, prison officials and personnel, the parole board, even the public. They must believe that, fundamentally, it's OK to inject chemicals into a person's blood stream and deliberately cause their death. They must think that these chemicals — which paralyze the prisoner's lungs, and then cause massive cramping of the heart — are humane. They must convince themselves that reverence for the legal system and execution process somehow justifies, even dignifies, the cold horror that happens at the end. They are kidding themselves. I took a tour of the Lucasville "death house" last month during a "media day" organized by the Ohio Department of Rehabilitation and Corrections. The agency's spokeswoman described how, during the 24 hours preceding a prisoner's execution, the death house is staffed by volunteers from the prison system. They see their mission, she says, as offering dignity to the condemned and helping to keep him calm. If he wants cigarettes, snacks or soda pop, the volunteers are happy to drive to the grocery store and pick up just the kind he wants. Most men executed since Ohio restored capital punishment, she noted with evident pride, have thanked the staff at the end of their stay. So there it is. Men heading off to die show gratitude to their executioners in hopes of receiving some reciprocal human warmth at the end. John Spirko's Christmas card struck me as similar kind of make-believe. The volunteers, in turn, latch on to the gratitude, and the favors they were able to dispense, as solace, even justification, for participating in so brutal a process. Their intentions may be noble, but they are kidding themselves, too. "I truly hope that this coming New Year is a good one for all of us," Spirko wrote. That will depend on Gov. Taft's capacity to have mercy — and not just on John Spirko. So weak and flawed is Spirko's conviction that everyone associated with his execution (not least the death house volunteers) would have to wonder and worry for the rest of their lives whether they had helped to put a man to death for a crime he didn't commit. Some might not be able to convince themselves that what happened was OK. Taft should have mercy on them, and all Ohioans. Eddie Roth is an editorial writer and columnist for the Dayton Daily News. His telephone number is 225-2383; his e-mail address is eroth@DaytonDailyNews.com.
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