VAN WERT, Ohio (WLIO) – The Ohio Supreme Court could soon hear a case that may impact a 40-year-old Van Wert County murder conviction.

The Van Wert County Prosecutor has filed the case with Ohio’s highest court, arguing that the office should have the right to appeal a ruling from the Van Wert County Common Pleas Court. That ruling granted John Spirko the opportunity to have evidence from the case tested for DNA by an outside laboratory.

Spirko has been in prison since 1984 for the stabbing death of Betty Jane Mottinger. He has agreed to pay for the testing of several items, including duct tape from the crime scene, a hunting knife, and materials found near the victim’s body.

In August 1982, Mottinger was working as the postmaster at the Elgin Post Office when it was robbed and she was killed.

No hearing date has been set for the case before the Ohio Supreme Court.

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