Document Type

Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322


March 24, 2000

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Myrtle Fray, Ethel May Durkin, Richard Eberling, Marilyn Sheppard, homicide, discovery


Order granting the Estate access to evidence in the Myrtle Fray homicide and requiring the Cleveland Police Department to facilitate the access. The court held that access to the requested information would not violate any ongoing investigation and was in the best interest of justice. The State did not oppose this request. Myrtle Fray was the sister of Ethel May Durkin, a wealthy widow who was killed by Richard Eberling; Fray was savagely beaten in the face and murdered in her home. It was contended that Eberling might have been the actual killer of Marilyn Sheppard for the following reasons: he worked at the Sheppard home, he had allegedly boasted about the murder to others, and the similarity of Marilyn's death to Fray's death. The Estate presumably wanted to the compare facts of the Fray and Marilyn Sheppard murders.