At 9:00 a.m. on October 18, 1954 in the Common Pleas Court of Cuyahoga County, Cleveland Ohio, Judge Edward J. Blythin called the case of State of Ohio versus Samuel H. Sheppard. The trial lasted until December 21, 1954. At the time, it was one of the longest continuous trials in American criminal history. It took twice as long as the 1935 Lindbergh kidnapping trial.

The Sheppard court record filled more than 10,000 pages of trial testimony, bills of exception and appeal briefs. The record consisted of over two million words, eighty-seven witnesses and nearly three hundred exhibits.

There was, of course, a tremendous number of reporters that wanted to cover the trial. Judge Blythin was faced with the question of where to put them. He set up a long temporary table that stretched over the courtroom width, inside the bar--the rail that separates the judge, jury and lawyers from spectators-- for reporters. One end of the table was less than three feet away from the jury box. Twenty press representatives, mostly of Cleveland newspapers and three wire services, were assigned seats at the table by the court. Directly behind the railing there were four rows of benches. The first row was assigned to television and radio news representatives. The second and third rows were for reporters from out-of-town newspapers and magazines, including nationally known by-liners such as Dorothy Kilgallen. The fourth row was reserved for important visitors and later witnesses including members of the Sheppard family. A nearby room was turned over to radio reporters.

On one side of the trial table sat Assistant County Prosecutor John Mahon, who was himself on the ballot for a judgeship in three weeks. Assisting him were Saul Danaceau and Thomas Parrino, who would both later use the public exposure to win their own judgeships.

William J. Corrigan, was Sam Sheppard’s chief defense attorney. Co-assisting him were Fred Garmore, Arthur Petersilge, who was the Sheppard family lawyer and William Corrigan Jr., who was fresh out of law school.

The defense’s first motion was for a postponement of the trial and a change of venue because of prejudice against the defendant stirred up by the news coverage. Blythin ruled the lawyers should first make an attempt to seat a jury from the panel of 64 veniremen--who were now celebrities in their hometown.

All of the names and addresses of the prospective jurors were published 30 days before the trial in Cleveland’s three daily newspapers. These potential jurors received many anonymous telephone calls, letters and threats from all types of advice givers -- all of which may have interfered with the possibility of a fair trial. The jurors, who were continually exposed to the news media, were treated as minor celebrities by the press. Every juror except one testified to having read something about the case in the Cleveland newspapers or having heard broadcasts or telecasts about Sam Sheppard.

After 17 days, the two sides managed to agree on 12 jurors (seven men and five women) without either side using all of its peremptory challenges. The jurors were not sequestered during the trial but permitted to go home evenings where they could read or hear the daily newspaper, radio and television reports.

The State’s Case:

On the first day of trial, the jury was transported by bus to inspect the Sheppard murder house. Sam Sheppard, handcuffed, was driven to the house in a police car. He wept when he saw is son’s teddy bear on a bureau. The jury’s visit to the house had been disclosed to the media ahead of time, consequently hundreds of person awaited them outside the roped off property. The majority of the observers were photographers and reporters.

The State’s first witness to be called was Deputy Coroner, Lester Adelson. He described the autopsy of Marilyn Sheppard’s body and showed gruesome pictures of the blood-spattered death scene along with photos of her battered face. Sam Sheppard would not look at them. Corrigan got Adelson to admit he had made no analysis of the contents of her stomach, did not make microscopic study of the wounds and did not try to determine if she had been raped even though her pajama tops were pulled over her breasts and her legs spread over the bottom of her bed indicated sexual assault. Furthermore, it was revealed that Marilyn’s head had been immediately shaved so that no traces of metal or the nature of the murder weapon could be found.

Don and Nancy Ahern told of their dinner with the Sheppards on July 3^rd. Under Mahon’s questioning, Nancy said Marilyn Sheppard had told her about marital difficulties, including Sam’s purchase of a watch for Susan Hayes, and she said a friend had said they were considering a divorce. The defense objected to this testimony on the grounds that it was hearsay. Judge Blythin allowed the testimony in as an exception to the hearsay rule. Nancy Ahern testified that "Mrs. Sheppard always seemed very much in love with her husband, but I was never sure about Dr. Sam."

Spencer and Esther Houk told of their early morning call from Sam Sheppard, and what they found when they arrived at the house. Esther recalled that on the murder morning, she had noticed a puddle on water on the porch and wet footprints on the uncarpeted first to second floor stairs. This did seem to corroborate Sam’s claim that after he recovered on the beach, he returned to the house and gone upstairs to check on his wife’s condition. Mrs. Houk further testified that there had been "rows" between the Sheppards. She also testified that Sam Sheppard had once told her that head injuries in car accidents were easy to fake because they were difficult to prove or disprove.

The prosecution’s star witness was Dr. Sam Gerber, the Coroner of Cuyahoga County. Dr. Gerber described his extensive qualifications, having both medical and legal degrees. Dr. Gerber reached the Sheppard murder house at 8:00 a.m. on July 4^th.

On the stand for three days, Dr. Gerber showed gruesome color slides of Marilyn’s bludgeoned body, which some of the jurors would only look at sideways if at all. Dr. Gerber’s most damning testimony came when he described the bloody pillowcase from the murder bed. "In this bloodstain I could make out the impression of a surgical instrument," he said. He testified that Marilyn Sheppard was slain by blows to her head with a heavy two-bladed surgical instrument about three inches long with teeth on the end of each blade. This surgical instrument, Gerber testified, contained teeth or claws that made an impression upon the pillow--an unmistakable "blood signature." Gerber never produced or explained what kind of surgical instrument it could have been, nor did he offer any evidence that the defendant possessed such an instrument.

Before he was cross examined by Corrigan, Judge Blythin warily asked the witness, "Do you mean that the impression on the pillow could not have been made by any other instrument?"

"No, sir."

"Could it, indeed, have been made by another instrument?" the judge again asked.

"Yes, I meant that the impression could only have been made by an instrument similar to the type of surgical instrument I had in mind."

The defense never pinned Gerber down or got him to retract that the imprint was from a surgical instrument. Instead, it responded that the alleged pillow imprint was caused by a collection of blood trapped in the rumpled fold between the pillow case while it was still wet. Or, the defense hypothesized that the blood imprint could have been caused by a garden tool or some other implement.

The Prosecution called Dr. Erwin Hexter, a physician in Bay Village, who at the request of Dr. Gerber had examined Sam Sheppard on the afternoon of July 4^th. Dr. Hexter reported to Dr. Gerber that the patient’s injuries were minor-- a black eye, right cheekbone swelling, a red swollen right temple. On cross-examination, Dr. Hexter acknowledged that he did observe the patient had difficulty moving his head from side to side, and he noted a right rib blow and a lack of thigh and abdominal reflexes, but minimized their significance.

Probably the most confusing evidence of the trial revolved around the blood evidence. In such a gory crime, a murderer is generally soaked in his victim’s blood. Laboratory tests show that even repeated washing and dry cleaning will not remove blood evidence from garments. Yet the only blood found on Sam Sheppard was a single splotch on the knee of one trouser leg and possibly a spot on his wrist watch. Prosecutor Mahon alleged that after murdering his wife, Sam Sheppard rushed down the steps and jumped into the lake in an attempt to wash away the blood on his clothes with cold water.

The prosecution’s top blood witness was Mary Cowan, chief medical technologist in Coroner Gerber’s office for fifteen years. She testified that she found six human blood spots in the downstairs and basement of the murder house, but she could not type them as either Sam’s blood, Group A or Marilyn’s, Group O with an M factor. The state argued, nevertheless, that these seven spots were Sheppard’s "blood trail." Cowan also testified that she tried to type what appeared to be blood on Sam and Marilyn’s wrist watches. But here, too, she conceded that her finding were not definite. The bloodstain on Sam’s trouser leg was also inconclusive, she admitted.

The prosecution also played up the lack of evidence of forcible entry into the Sheppard home. Don and Nancy Ahern, the Sheppard’s guests, testified that they did not recall whether Marilyn had locked the front door after them, but assumed that she did not because it was not customary for the Sheppards to lock their doors.

The state’s final witness appeared near the trials end on December 1^st -Susan Hayes. She was a slim, suntanned woman of 24. She had been hired at the Bay View Hospital in 1948 when she was 18 and had since become a laboratory technician. She first met Sam Sheppard when he returned in late 1951 to Ohio. At the July inquest, Sam adamantly denied having engaged in sexual relations with her. On the stand, Susan testified about trysts with Sam above the Sheppard clinic, in his parked car and even once in the home of Susan’s parents when they were away. She also told of a gift of a wrist watch she received from him and his talk of getting a divorce. She also said that Dr. Sheppard had call her earlier in 1954 when he was in Los Angeles for an osteopathic convention. He took her to a party at the home of Dr. Arthur Miller, where he was staying. Assistant Prosecutor Parrino questioned Susan:

Q: "Where did you stay that night?"

A: "At the Millers.’"

Q: "Where did Dr. Sam Sheppard stay?"

A: "At the Millers."

Q: "Did you share the same room?"

A: "Yes."

Q: "The same bed?"

A: "Yes."

Q: "Did you have intimate relations?"

A: "Yes."

Q: "For what period of time did you remain at the Miller residence?"

A: "About seven days."

Parrino continued the questioning regarding their relationship after Dr. Sam returned to Ohio:

Q: "After Sam Sheppard left California, did you write letters to one another?"

A: "Yes."

Q: "How many?"

A: "About four."

Q: "Who started the correspondence?"

A: "Dr. Sheppard wrote me first."

Q: "Was there any profession of love in these letters?"

A: "No."

Q: "Was the subject of divorce ever discussed?"

A: "Yes."

Q: "Recall an instance?"

A: "Yes, in the early part of 1953."

Q: "What did he say?"

A: "Well, he said that he loved his wife very much, but not as a wife, and he was thinking of getting a divorce."

Q: "Anything else?"

A: "He wasn’t sure his father would approve."

Q: "He mention the subject again?"

A: "Later in November, 1953, at Bay View Hospital."

Q: "Did the subject come up on other occasions?"

A: "It was never discussed, but it was mentioned."

Assistant defense counsel Garmone was brief in his cross-examination.

Q: "Miss Hayes, in all your activities with Dr. Sheppard, were you always aware that he was a married man?"

A: "Yes, sir."--almost inaudibly

The State of Ohio rested its case against Dr. Sam Sheppard.

The Defense Case:

Sam’s older brother Steve was the first witness to testified for the defense, stating that when he first went through the house on the murder morning, he noticed the butt of a regular Lucky Strike cigarette floating in the toilet bowl of the upstairs bathroom. He testified that Marilyn rarely smoked during her pregnancy and then only a filter type and that Sam smoked a pipe. He also took exception to Dr. Hexter’s diagnosis of his brother’s injuries as minor. He also described Sam and Marilyn as happy in the weeks before the murder and said his brother never had fits of temper.

Steve’s wife, Betty, testified that Sam and Marilyn were a happy couple.

Dr. Richard Sheppard, Sam’s other brother backed Dr. Steve’s testimony. He also made the contention that Marilyn’s body had been moved before the pictures shown to the jury had been taken.

Corrigan then called two hospital technicians and an x-ray technician who testified to Dr. Sam’s bruises and disorientation when he was brought to the hospital. The x-ray technician said he couldn’t open his mouth to drink water because of the pain.

Dr. Horace Don, a Bay View Hospital intern, testified that he had overheard Coroner Gerber say to police officers in the Sheppard house on the murder morning, "It’s evident that the doctor did it. Let’s go get a confession."

The defense also called Dr. Charles Elkins, chief neurologist at Cleveland City Hospital. Dr. Elkins examined Sheppard at 8:00 p.m. on the evening of July 4^th at the Bay View Hospital. Dr. Elkins reviewed Sam Sheppard’s X rays and determined that he had seemingly suffered a spinal cord bruise and a probable fractured neck in the second cervical vertebra area. He said that a particle of bone seemed to have been separated from this vertebra, possibly as a result of a blow to the back of the neck. He also noted painful spasms in the patient’s neck, which was certain could not have been feigned. He wrote on the hospital’s chart on July 4^th that the patient was "suffering from a cerebral concussion." On cross-examination by the Prosecution, Dr. Elkins testified that Sheppard could not have faked the loss of certain reflexes.

Two other defense witnesses, unknown to each other, who drove past the Sheppard home around the time of the murder testified that they saw a tall "bushy-haired man" wearing a white shirt lurking outside the Sheppard home. Both said that they had reported this to the Bay Village police.

Finally on December 9^th, Dr. Sam Sheppard took the stand. His testimony continued until December 14^th. He told the jury about the events of the night of July 3-4.  Sam swore he never loved Susan Hayes. He contended that it was Susan who had suggested divorce, quoting Susan as saying, "Other men divorce their wives, why can’t you?" He admitted to having lied at the inquest. But he did so, he insisted, to protect Susan’s name rather than his skin.

On cross examination, the prosecution asked whether he had engaged in extra-marital intercourse with any women other than Susan Hayes. Sam answered yes. But he refused to name any names. Sam insisted that his roots were with Marilyn. Corrigan pointed out that Sam had bought and put their Lake Road home in Marilyn’s name and had taken out two $20,000 insurance policies on his life naming Marilyn as the beneficiary.

The Closing Arguments:

The prosecution and defense were each given five hours for closing arguments.

In its nearly two and one half hour summation, Prosecutor Parrino reminded the jury, "We’re not dealing with something insignificant here, ladies and gentlemen. We’re dealing with murder. If the defendant would lie under oath to protect the name of a lady, how many lies would he utter to protect his own life?" Parrino demanded to know "Where was the defendant, what was he doing, during two…long…hours?" And he said, "If the burglar was in that room and took the time and trouble to strike all those vicious blows on Marilyn, I ask you why the assailant did not use that same instrument, not to hit Sam 35 times, but to strike one single blow against him. A burglar does not want to leave a living witness at the scene of a crime."

They continued that this admitted perjurer’s "bushy-haired intruder" story was a lie. How could he possibly sleep through the slaughter taking place upstairs? How could such a strong, athletic man be knocked unconscious so readily? Why didn’t the dog bark? Why didn’t the defendant yell when he chased the alleged killer down to the beach? After his so-called assault, how could he dial Mayor Houk’s telephone number? These and other puzzling though unanswered questions were drummed into the juror’s mind.

Mahon made much of the bloody pillowcase. And sarcastically he told the jury "Be fair to the defendant. Show him the same mercy he showed his victim."

The defense summation to the jury was begun by Arthur Petersilge, the Sheppard family corporation lawyer. His voice was restrained. His approach was as reasoned and controlled as if he had been presenting a business brief. He stated, "Five and one-half months after the murder of Marilyn Sheppard, the state does not know how she was killed, with what weapon she was killed or why she was killed. Yet on the basis of this flimsy evidence, the state is asking you to send Sam Sheppard to the electric chair."

Defense Counsel Corrigan told the jury: "Is sex the only thing in a marriage? Is it the only thing in a love between a man and a woman" The fact that Sam Sheppard strayed is no proof that he did not love his wife, his child and his home. Sam Sheppard succumbed to sex, the strongest lure in the human body, as you and I know. I, too, would lie under oath if I were asked to confess to some private sin intended only for the ears of the confessor." He paused. "We are approaching the Christmas season, when God came down to earth to set man free and establish on earth the principle of freedom. Unless we American lawyers and we American jurors do our part in maintaining that freedom in this case, we have failed in our duties."

Corrigan failed to hammer home the fact gaps in the state’s case, such as the unproduced and unidentified surgical instrument, the blood discrepancies, and the admission by the judge of obvious inadmissible evidence.

The Verdict

The jury was instructed to return with one of these five possible verdicts:

1. Guilty of murder in the first degree (penalty: death in the electric chair);
2. Guilty of murder in the first degree with a recommendation for clemency (life imprisonment without parole)
3. Guilty of murder in the second degree (intentional but unpremeditated murder, calling for life imprisonment)
4. Guilty of manslaughter (penalty: one to twenty years, with parole eligibility after one year)
5. Not guilty

The jury was out for five days. It was one of the longest deliberations in a twentieth-century criminal trial. Shortly after four o’clock on December 21, 1954, the buzzer rang sharply several times in the courtroom. The jury had reached a verdict. The jury found Samuel H. Sheppard guilty of murder in the second degree.

The judge then said, "Samuel Sheppard, will you please step forward?" The judge asked if he had anything to say before sentence was pronounced, and he answered with quiet dignity, "I’d like to say, sir, that I am not guilty. I feel there have been facts presented to this court that definitely prove that I could not have performed this crime." Corrigan pleaded that sentencing be delayed until his motion for a new trial could be made. The request was denied.

In a low, firm voice, Judge Blythin said to Sam Sheppard: "It is the judgment of this court that you be taken to the Ohio penitentiary, there to remain for the rest of your natural life." The prisoner was manacled and escorted out of the courtroom by two deputies.