LESSON : STATE OF OHIO V. SAMUEL SHEPPARD (1954)

The Prosecution Case

According to Paul Holmes, a reporter for the Chicago Tribune who covered the Sheppard trial, "the State's case for murder was that Dbctor Sam had beaten his wife fatally but had taken time before reporting her death to hide the murder weapon, erase fingerprints from the house, wash blood from himself and inflict trivial injuries on himself to support his story of murder "an intruder with whom he had struggled." (Chicago Tribune, August 20, 1961)

The jury was shown gruesome pictures of the blood-spattered death scene and expert testimony was provided by the coroner's office as to the cause of death. Thirty-five wounds were found on Marilyn's body, including fifteen to the head Dr. Samuel R. Gerber told the jury he had carefully examined the scene of the crime and had observed the impression of a surgical instrument in the bloody pillowcase on the victim's bed. This testimony was not challenged by the defense, and it was particularly damaging.

Mary Cowan, the coroner's chief medical technologist, analyzed blood samples to determine whether a third person was present a't the crime scene. She testified that her results were "inconclusive."

The State claimed there was no forensic evidence to support Sam's story... no fingerprints, no evidence of forced entry, nothing to suggest that an intruder was in the Sheppard home when the murder was committed. Furthermore, the believability of Sam's story was questioned. Why would a murderer savagely beat Marilyn to death, and only knock Sam out? Murderers don't generally leave living witnesses at the scene of a crime.

As for motive, the prosecution called several family friends and neighbors who testified about the Sheppards' marital difficulties, claiming that either -Marilyn or Sam had told them they were considering a divorce.

A key witness for the prosecution was Susan Hayes, who testified about her two-year affair with Sam Sheppard, including a four-night tryst in Las Angeles earlier that: year. She also said Sam had talked about divorcing Marilyn in order to marry her. With this testimony, the prosecution was able to show that Sam lied to legal authorities during the pre-trial investigation.

The Defense Case

The defense maintained that although Sam may have been unfaithful to his wife, he still loved her and his child. Several witnesses, including Sam's brother, Dr. Steve Sheppard and his wife, Betty, told the jury that Sam and Marilyn were a happy couple.

As for the contention that Sam's injuries were minor and seif-imposed several medical experts described Sam's pain and disorientation when he was admitted to the hospital. They also testified as to the seriousness of his neck and spinal cord injuries. One expert commented on the unlikelihood of inflicting such injuries on oneself, noting the high risk of paralysis.

Sam testified that a bushy-haired intruder with a white shirt had attacked his wife and knocked him out. Two witnesses for the defense stated they had seen a man fitting that description in the vicinity, but both admitted failing to report their observations until a $ 10,000 reward was offered by the Sheppards. In general, the defense criticized the State's investigation of the murder.

They claimed the crime scene had been contaminated by neighbors and reporters before the house was impounded by the police. A cigarette in the upstairs toilet, for example, disappeared without being tested, even though neither Marilyn nor Sam smoked. A trail of blood from the bedroom down the stairs was never tested. Furthermore, no murder weapon was produced.

However, since the defense failed to have its own experts examine the scene of the crime, no forensic evidence was presented to-challenge the expert testimony of the prosecution witnesses: Likewise, the defense could not reflute the testimony of Susan Hayes. In fact, on cross examination. Sam admitted to several other instances of infidelity.

The defense argued that all of the evidence against Sam was circumstantial; he may have committed adultery, but he certainly didn't kill his wife. The defense also argued that the media coverage was prejudicial, creating an atmosphere of guilt in the public mind before the trial ever began.

Jury Deliberation

After six weeks of testimony in the Sheppard trial, the jury met to deliberate. A unanimous verdict was required. On the first ballot, the jury was evenly divided After 100 -hours of deliberation and 17 more ballots, a unanimous verdict was returned.

QUESTIONS:

1. What verdict do you think the jury rendered in this case?

2. If you had been a juror, would you have voted for acquittal or conviction?

3. What was the most compelling argument/evidence presented by the prosecution? by the defense?

4. After all the witnesses have testified, attorneys for each side of the case deliver closing arguments to the jury, summarizing the evidence as persuasively as possible and urging the jurors to render a favorable verdict.

Choose the prosecution or defense side of the Sheppard case and write a closing argument.