LESSON : THE VERDICT AND NEW EVIDENCE

The Verdict

In all criminal cases, the State bears the burden of proof. That is, the State must prove, beyond a reasonable doubt, that the defendant committed the crime for which s/he is being. charged. .

In the Sheppard murder trial, the jurors had several options. If they believed. there was reasonable doubt that Sam Sheppard killed his wife, they could vote to acquit him. Even if there was no reasonable doubt, various alternatives existed. Sheppard could be found guilty of first-degree murder (a capital offense), second-degree murder (a crime punishable by life imprisonment), or manslaughter (a lesser charge with a shorter prison term).

After eighteen ballots, the jury voted unanimously to convict, Dr. Sheppard of second-degree murder. Some jurors originally favored the less serious crime of manslaughter, but none voted in favor of the capital crime, first-degree murder. As a result of the jury's verdict, Dr. Sheppard was sentenced to life in prison.

The verdict was appealed on the basis of "newly discovered evidence," but the appeal was denied by a three-judge panel in July, 1955. The Ohio Supreme Court confirmed the verdict of the lower court in April, 1956. In November,. 3.956, the U.S. Supreme Court refused to hear the case, thus upholding the decision of the lower court.

New Evidence

The original basis for appeal in the Sheppard case was the discovery of "new evidence." The defense claimed the police impounded the Sheppard home and refused access to the crime scene until after Sam Sheppard was convicted.

Immediately following Dr. Sheppard's conviction, a nationally known criminologist, Dr. Paul Kirk was hired to inspect the murder scene on behalf of the Sheppard family. Dr. Kirk found considerable evidence pointing to Sam Sheppard's innocence, including a blood sample which he said indicated the presence of a third person at the murder scene. He also generated a list of tests the coroner's office should have conducted but didn't, implying that the coroner's investigation was biased.

In addition, the defense claimed the prosecution suppressed evidence which would have created reasonable doubt in the minds of the jurors. The evidence consisted of a laboratory work card on which lab technician, Mary Cowan, recorded test results from blood that was found on Marilyn Sheppard's wristwatch. When she testified at the trial, Ms. Cowan said her results were "inconclusive." Her testimony was not challenged because the defense was unaware of the existence of the work card pictured on the following page.

Analyzing A Primary Source Document

The following is a list of the information in the coroner's technician's report.

The report card reads: In re: Marilyn Sheppard

Source of specimen: Sheppard home. Identified by Dr. S.R. Gerber as property of Mariiyn Sheppard.

Submitted by Dr. S.R. Gerber of Coroner Agency at 10:50 am 7-6-54

Received by M. Cowan

Description of Specimen: 1 stopped vial containing 1•Iady's yellow metal wrist watch
(Hamilton) with yellow metal wristband. Watch has stopped time indicated: 3:17.

Written on the top of the other side of the report card is: "Turned over to Prosecutor's office"

Labratory Examination: 7-7-54 Benzidine test_on stains on watch-- positive. Crusted stains removed and tested for agglutinins against known A, B, and 0 cells received from R. Marsters (11:40am 7-7-54).

Results inconclusive although there appeared to be slight agglutination of both A and B cells. Observe at intervals over 3 hr period and after 18 hrs. Tested by (signed) M. Cowan
Repeated 7/9/54 Similar results.

Questions:

1. An agglutination test is a standard method of determining blood groups. What blood groups did ML Cowan discover when she tested the "crusted stains" of blood on Marilyn Sheppard's watch?

2. When was the agglutination test conducted? Were the results confirmed?

3. if Marilyn Sheppard's blood was-group 0 and Sam Sheppard's blood was group A, what reasonable deduction could be made by the defense concerning the information on this card?

4. The defenSe claims this card was never made available to them. Was it made available to the prosecution?

5. A key argument made by the prosecution in the 1954 trial was the lack of forensic evidence indicating the presence of an "intruder" in the Sheppard house at the time of the murder. What justification can you give for the prosecution's position, given the information on this work card?

6. The jury was never shown this laboratory work card, if it had been shown to the jury, do you believe it would have been sufficient to raise "reasonable doubt" in the minds of the jurors? Why or why not?

7. Regardless of the new evidence presented by the defense, all efforts to appeal the verdict of the jury in the Sheppard trial were denied: Write a Letter to the Editor of your local newspaper favoring or opposing this decision by the various courts of appeal.