OHIO Petro OKs being part of hearing

COLUMBUS (AP) -- Attorney General Jim Petro said his office would participate should the Ohio Parole Board grant a new clemency hearing for a man sentenced to death for the 1982 murder of a northwest Ohio woman.
Petro made his offer to the board in a letter Friday, responding to the defense's request that the board conduct a second review of John Spirko's case and petition the Ohio Supreme Court to delay his scheduled Sept. 20 lethal injection.
In a 6-3 vote Tuesday, the parole board recommended that Gov. Bob Taft deny clemency for Spirko, 59. He was convicted in the stabbing death of Betty Jane Mottinger, 48, who was in charge of the post office in Elgin.
Inaccurate information alleged
Defense attorney Thomas Hill says Petro's offer was basically an admission that the board's vote was based on reportedly inaccurate information provided by Timothy Prichard, the attorney general's senior deputy.
The (Cleveland) Plain Dealer reported last weekend that Prichard, in his presentation to the board Aug. 23, made false statements and mischaracterized evidence regarding what Spirko knew about the murder and his whereabouts on the day of the killing. The newspaper wrote its story after comparing Prichard's statements to the parole board with the case record.
In his letter to the board, Petro said he stands behind Prichard's presentation and is convinced there was no attempt to deceive the board. But he proposed to make his attorneys and all the evidence available should the board decide to hold a second hearing.
Parole board spokeswoman JoEllen Lyons said the board is reviewing its options and probably will respond in the coming week.
No hard evidence
Prosecutors have acknowledged that no physical evidence links Spirko to the murder, but say he has confessed the crime and knew details that only the killer would know. The defense said he admitted the crime only to win freedom for his girlfriend in an unrelated case and cut a deal for himself. Spirko's lawyers also say prosecutors withheld evidence that could have helped their client.