No DNA evidence found to link inmate to killing

Conviction was based on witnesses and what Spirko told investigators.

COLUMBUS (AP) — The attorney general’s office has concluded that no DNA evidence links an inmate with the killing for which he faces execution later this month.

Marc Dann’s office made the determination after finishing years of testing on samples of DNA collected from the 1982 killing of northwest Ohio postmistress Betty Jane Mottinger.

The findings confirm what has long been believed about the lack of a DNA match connecting John Spirko to the crime, said Dann spokesman Leo Jennings.

“None of Spirko’s DNA matches any DNA at the crime scene,” Jennings said Thursday. “It doesn’t mean he’s guilty and it doesn’t mean he’s innocent.” The news was first reported Thursday on the Web site of The Columbus Dispatch.

Spirko, 61, was convicted based on witness statements and his own comments to investigators.

No physical evidence ties him to the killing, and charges against a co-defendant who linked him to the murder have been dropped.

Courts at all levels have previously upheld Spirko’s conviction and death sentence.

He previously received seven reprieves while the testing was done, a record under the state’s new death penalty law.

The DNA tests involved material from the post office where Mottinger was abducted and from the field where her body was found, including blood on duct tape used to wrap her and hair samples.

Spirko, who has a Jan. 24 execution date, has requested clemency from Gov. Ted Strickland. The governor is considering the request as he does all requests for clemency from death row inmates, spokesman Keith Daily said.

“The governor judges each case based on the given facts and circumstances uniquely,” he said.

Strickland, a Democrat, has allowed two executions since taking office a year ago. He is a death penalty supporter but has said he is conscious of the numerous examples of exoneration through DNA testing around the country.

Spirko’s attorney said Thursday that Strickland should grant a full pardon and release Spirko from prison.

“He was wrongfully convicted and absolutely should be relieved of the consequences of that conviction, which means he should be let out of prison,” said Alvin Dunn, a Washington, D.C.-based attorney representing Spirko.