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ISSUES OF EVIDENCE |
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, 1956, the U.S. Supreme Court refused to hear the case, thus upholding the decision of the lower court.
The original basis for appeal in the Sheppard case was the discoverv 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.
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 Marilyn 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 lady'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 O 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 at 7/7/54 2:00pm
Repeated 7/9/54 Similar results.