Sheppard v. Maxwell, United States District Court, S.D. Ohio, Civ. No. 6640
May 21, 1964
Sheppard v. Maxwell, U.S. District Court, Civil No. 6640
Conflict of Interest, Trial Judge, impartiality, due process
This is a transcript of statements by Attorney, Fred W. Garmone (Counsel for Sam Sheppard) regarding a short in-chambers conference pre-trial with the Honorable Judge Blythin. Mr. Garmone stated to Judge Blythin, because of the fact that his son (Ed Blythin) at the time of trial was a member of the Homicide Unit, and was actively engaged in the investigation of this death of Marilyn Sheppard, that it was his feeling that he should withdraw or disqualify himself as the Judge to hear the case.
Along with Mr. Garmone's statement is a brief question/answer exchange between members of the Prosecution and the Sheppard Counsel present; conversation exchange inquires of pre-trial defense attorney dissension or discord and whether there was a formal affidavit of prejudice against Judge Blythin for his personal connection to the criminal investigation. These inquiries prompted negative responses from Mr. Garmone.
Garmone, Fred W.; Mahon, Gertrude Bauer; Cianflona, John; Sherman, Russell A.; and Kessler, David L., "Statement of Fred W. Garmone" (1964). 1962-1966 Federal Habeas Corpus. 25.