OHIO:
URGENT ACTION APPEAL UPDATE
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1 November 2005
Further Information on UA 221/05 issued 24 August 2005 and re-
issued 9 September 2005 Death Penalty
USA(Ohio): John Spirko (m)
The Ohio Parole Board has voted against recommending clemency for
John Spirko. He remains scheduled for execution on 15 November.
On 19 October the Board voted 6-3 against a clemency
recommendation. According to press reports, the three dissenting
members concluded that there was too much doubt to allow the
execution to go ahead, expressing concerns about crucial evidence not
presented to the jury which placed his co-defendant, Delaney Gibson -
who was charged but never tried, and against whom all charges were
eventually dropped - 500 miles away at the time of the crime. They also
reportedly raised concerns about the credibility of a key investigator for
the state. John Spirko's lawyer has lodged an appeal based on these
issues before the federal courts.
Former federal judge William Sessions, who has been active in an
initiative to promote procedural safeguards in death penalty cases, two
retired federal judges and a former federal prosecutor have reportedly
raised concerns about John Spirko's conviction and death sentence.
John Spirko was sentenced to death in 1984 for the kidnap and murder
of Betty Jane Mottinger in August 1982. He denies carrying out the
murder and no physical or forensic evidence links him to the crime.
Prosecutors at trial argued that Spirko and Delaney Gibson, his best
friend and former cellmate, committed the crime together, saying that
Gibson was seen in the vicinity of the crime on the day it took place.
BACKGROUND INFORMATION
Amnesty International opposes all executions, regardless of issues of
guilt or innocence. This is a punishment that is an affront to human
dignity and a part of a culture of violence rather than a solution to it.
It
has not been shown to have any unique deterrent effect, and denies the
possibility of rehabilitation and reconciliation. In the US the capital
justice system is marked by arbitrariness, discrimination and error, and
US authorities have frequently violated international standards in their
pursuit of judicial killing of prisoners including people whose guilt
remained in doubt.
RECOMMENDED ACTION: Please send appeals to arrive as
quickly as possible:
- expressing concern that John Spirko is scheduled to be executed on 15
November;
- expressing sympathy for the family and friends of Betty Jane
Mottinger, explaining that you are not seeking to excuse the manner of
her death or to minimize the suffering caused;
- expressing concern at reports that prosecutors may have presented a
false case against John Spirko at trial;
- noting that three Parole Board members have expressed their concern
that there remains too much doubt to allow the execution to proceed;
- calling Governor Taft to grant clemency to John Spirko.
APPEALS TO:
Governor Bob Taft
30th Floor
77 South High Street
Columbus, Ohio 43215-6117
Fax: 1 614 466 9354 ; Salutation: Dear Governor
PLEASE SEND APPEALS IMMEDIATELY. Check with the
Colorado office, if sending appeals after 15 November 2005.
Amnesty International is a worldwide grassroots movement that
promotes and defends human rights.
This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable). Thank
you for your help with this appeal.
Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [email protected]
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881
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END OF URGENT ACTION APPEAL
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