Document Type

Sheppard v. Maxwell, United States District Court, S.D. Ohio, Civ. No. 6640


May 21, 1964

Case Title

Sheppard v. Maxwell, U.S. District Court, Civil No. 6640

Box Number


Item Number



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.



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