Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
state's filing, opposition, destroyed evidence, spoliation, discovery, affidavit, Patricia A. Costello
Defendant asserted that plaintiff's claim that the State lost or destroyed evidence from the 1954 and 1966 Sheppard trials was spurious. Many items were returned to the Sheppard family (see attached Affidavit of Patricia A. Costello). Plaintiff was to blame for any "lost" evidence because this action was filed decades after the 1966 trial. "Additionally, none of the case law cited by plaintiff justifies plaintiff's request that this trial be delayed in order to conduct "evidentiary hearings" and to then sanction the opponent of the party who was really responsible for the loss or destruction of evidence."
Mason, William D. and Martin, Kathleen A., "Defendant's Brief in Opposition to Plaintiff's Motion for Evidentiary Hearing Regarding Items Destroyed or Lost by Defendant and Affidavit of Patricia A. Costello" (2000). 1995-2002 Court Filings. 106.