Ohio Execution Is Delayed for Hearing

Gov. Robert A. Taft delayed the execution Thursday of a convicted killer over questions about whether prosecutors presented inaccurate information at a clemency hearing.

Taft ordered the execution of John Spirko delayed until Nov. 15 to allow for a second hearing, which had been requested by the parole board.

Spirko, 59, was convicted of killing a postal worker but says he is not guilty.

“This is the right thing to do,” said Alvin Dunn, one of Spirko’s attorneys. “I am hopeful that the parole board will take a very careful look at all the facts and all the evidence and view everything with an open mind.”

The Cleveland Plain Dealer reported that Timothy Prichard, director of the attorney general’s capital crimes office, made false statements last month and mischaracterized evidence regarding what Spirko knew about the 1982 murder of Betty Jane Mottinger, 48, and his whereabouts on the day of the killing.

Atty. Gen. Jim Petro defended Prichard’s presentation.

Spirko’s execution had appeared imminent.

On Tuesday, U.S. District Judge James Carr turned down his request for a new trial and a delay.

Spirko was charged after approaching authorities and offering to trade information about the Mottinger slaying to help his girlfriend, who was facing charges in an unrelated case. He told investigators details of the killing, including what clothes and jewelry Mottinger was wearing.

But Spirko’s lawyers counter that he thought he was telling authorities what they wanted to hear.

They say what he knew came from newspapers and lengthy conversations he had with investigators.