John Spirko, Taft Asked To Help Build Death-Row Inmate's Case, Regarding the case of Betty Jane Mottinger, Free John Spirko, Justice For John Spirko
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The Plain Dealer


Taft Asked To Help Build Death-Row Inmate's Case

Friday, September 30, 2005
Sandra Livingston
Plain Dealer Reporter

Lawyers for death-row inmate John Spirko have asked for Gov. Bob Taft's help to ensure that recent claims about the credibility of a key federal agent can be fully explored at Spirko's clemency hearing next month before the Ohio Parole Board.

In a letter Thursday, Spirko's lawyers requested that Taft ask the U.S. Postal Inspection Service for any documents dealing with an investigation into the behavior of former Postal Inspector Paul Hartman, the key witness in Spirko's 1984 murder conviction.

The lawyers also want to interview current Postal Inspector Gregory Duerr, who recently disclosed in a letter that he had witnessed conduct by Hartman "bordering on criminal" and that more than a dozen colleagues had filed complaints about Hartman's behavior in the late 1990s.

Hartman played the key role in developing evidence that landed Spirko on death row for the 1982 murder of an Elgin, Ohio, postmaster. But persistent questions have been raised about his credibility and investigative techniques.

Duerr's Aug. 31 letter said that, based on press reports and conversations with inspectors in the Cleveland office at the time of the murder, "it appears an individual who did not commit the crime is going to be executed." Duerr has said he has no firsthand knowledge about the murder investigation.

Spirko's lawyers have already asked a federal judge in Toledo to allow testimony on issues raised by Duerr. But the judge won't rule before Oct. 7, leaving insufficient time to explore the issues before Spirko's Oct. 12 clemency hearing.

If the information isn't provided by then, Spirko's lawyers suggested that Taft consider a delay until the Duerr issues are explored.

Taft spokesman Mark Rickel said the governor's office is reviewing the request.

To reach this Plain Dealer reporter:
slivings@plaind.com, 216-999-4453

Email: Tracy Spirko, John Spirko's Representative

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