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The Plain Dealer
Spirko Lawyers Seek Probe Of Ex-Inspector Saturday, September 24, 2005
Emily Hamlin Lawyers for convicted murderer John Spirko are asking a judge to let them investigate the credibility of a man who helped put their client on death row. Spirko's lawyers filed a motion with U.S. District Judge James Carr on Friday asking for a chance to respond to questions raised about former Postal Inspector Paul Hartman. Hartman's testimony was key to winning Spirko's 1984 murder conviction for the death of a rural Ohio postmaster. That conviction was based largely on a series of jailhouse interviews by Hartman, during which Spirko reportedly revealed details of the crime. The motion Friday stems from a letter that one of Hartman's former co-workers wrote to a supervisor criticizing Hartman's conduct and expressing concern Spirko will be executed for a crime he didn't commit. Postal Inspector Gregory Duerr, who worked with Hartman in Cleveland during the 1990s, wrote that about 15 postal inspectors filed complaints in 1998 against Hartman for actions that sometimes were "bordering on criminal." Duerr also wrote that press reports and conversations with other postal inspectors have led many in his office to believe the wrong person was convicted of murdering Betty Jane Mottinger. Alvin Dunn, one of Spirko's lawyers, said the letter raises serious questions about Hartman. "We need to learn what's at the bottom of all this before an innocent man is put to death," Dunn said. Spirko is scheduled to be executed Nov. 15. No one in Attorney General Jim Petro's office was available for comment Friday afternoon. Hartman testified in June that he didn't know of any complaints against him when he worked as a postal inspector. Dunn said that if Hartman had been truthful, Spirko's lawyers would have investigated the complaints months ago. "We're not asking for them to delay the execution," Dunn said. "We're just asking for the opportunity to gather more information." Dunn was not sure when Carr would decide on the motion, but he said he hoped for a quick response.
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