Spisak, a Nazi sympathizer, is scheduled to die Thursday for killing three men at Cleveland State University as part of what he called "hunting parties" to find and shoot blacks.
Spisak, 59, says recent comments by Pfeifer opposing the death penalty are a sign capital punishment has been carried out unconstitutionally in Ohio.
Spisak attorney Michael Benza, of Chagrin Falls, says he is appealing to the U.S. Supreme Court after the 6th U.S. Circuit Court of Appeals in Cincinnati on Tuesday rejected Spisak's argument on technical grounds.
Last May, the Ohio Supreme Court set his execution date. Spisak killed three people and tried to kill two others February to August in 1982 at Cleveland State University.
Spisak killed the Rev. Horace Rickerson, Cleveland State University student Brian Warford and Timothy Sheehan, CSU's assistant superintendent for buildings and grounds.
All of his victims were shot with a .22 caliber automatic. Sheehan was the father of current Cuyahoga County Common Pleas Judge Brendan Sheehan.
Ironically, it was U.S. District Judge Donald Nugent who swore Sheehan onto the bench in January 2009. Nugent was the assistant county prosecutor who won the conviction of Spisak back in 1983.
The case was heard by Cuyahoga County Common Pleas Judge James J. Sweeney. Spisak was represented then by attorney Thomas Shaughnessy, who died in 1997.
Although Spisak was sentenced to death in 1983, his attorneys have filed multiple appeals that have delayed his execution.
Spisak's current attorneys have argued that their client received poor legal advice from Shaughnessy during his original trial. Spisak has been at the Mansfield Correctional Institution since Sept. 13, 1983.
Spisak is a self-described racist. He repeatedly stated that he hated Jews and "black people."
He was also a cross-dresser who referred to himself as Frances Anne Spisak or Frankie Anne Spisak. He was living and dressing as a woman and was awaiting a gender-reassignment operation. He was also obsessed with Adolf Hitler.
WKYC-TV/The Associated Press