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Dayton Daily News
Spirko Loses Bid For Stay, Hearing Death Row inmate scheduled to die Sept. 20 September 7, 2005
By Tom Beyerlein Convicted killer John Spirko moved closer to execution Tuesday when a federal judge rejected his request for a stay and a new hearing on the evidence. Chief Judge James G. Carr of U.S. District Court in Toledo ruled that the prosecution didn't commit fraud or improperly withhold evidence in the case of the 1982 kidnapping and aggravated murder of rural postmaster Betty Jane Mottinger, 48, in Van Wert County. "This was another opportunity for Mr. Spirko to air his latest claims and issues, and once again the court reaffirmed that he was justly convicted and sentenced," Ohio Attorney General Jim Petro said. Defense attorneys didn't return a call seeking comment. Spirko's attorneys had alleged the state improperly withheld information from the defense about its investigation of Spirko's friend, Delaney Gibson. Prosecutors at Spirko's 1984 trial used a witness identification of Gibson outside the Elgin post office the morning of the crime to link Spirko, now 59, to the scene. But an investigator found evidence placing Gibson in North Carolina the previous evening. Gibson was never tried, and the charges against him were dropped last year. Defense attorneys also said a senior deputy attorney general misrepresented facts of the case to the Ohio Parole Board at Spirko's clemency hearing last month, leading to a 6-3 board vote against leniency. Petro has offered to participate in a rehearing if the board so chooses, and the defense called for a rehearing. The board hasn't announced a decision. Spirko's lawyers Tuesday asked the Ohio Supreme Court to delay his scheduled Sept. 20 execution until mid to late November to allow time for additional clemency proceedings. Under state rules, clemency hearings must be held at least 21 days before an execution. Reprinted with permission.
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