Articles cited in Sheppard v. Maxwell

This collection features newspaper articles cited in the 1966 Sheppard v. Maxwell decision. In the decision, the United States Supreme Court reversed the 6th Circuit Court's denial of the habeas petition and remanded the case to the District Court because "the state trial judge did not fulfill his duty to protect [Sam] Sheppard from the inherently prejudicial publicity which saturated the community and to control disruptive influences in the courtroom." A copy of the Supreme Court's Sheppard v. Maxwell decision and the appeals court decisions that let to the Supreme Court decision are included here for reference.

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1964, Sheppard v. Maxwell, 231 F. Supp. 37 (S.D. Ohio 1964)

Carl Andrew Weinman

The court emphasized that Sheppard's guilt or innocence was not the issue before them. Instead, the court was to determine whether or Sheppard received a fair trial. It found found five separate violations of Sheppard's constitutional rights:

1. Failure to grant a change of venue or a continuance in view of the newspaper publicity before trial

2. Inability of maintaining impartial jurors because of the publicity during trial

3. Failure of the trial judge to disqualify himself although there was uncertainty as to his impartiality

4. Improper introduction of lie detector test testimony

5. Unauthorized communications to the jury during their deliberations

The court concluded that each of the aforementioned errors was, by itself, sufficient to determine Sheppard was not afforded a fair trial as required by the due process clause of the Fourteenth Amendment. When all the errors are accumulated, the Court concluded "the [1954] trial can only be viewed as a mockery of justice..."

The opinion, 231 F. Supp. 37, can be viewed here.
1965, Sheppard v Maxwell 346 F.2d 707 (6th Cir. 1965)

Clifford O'Sullivan

Maxwell (the Appellant, Warden of the Ohio State Penitentiary) here appealed the United States District Court order overturning the 1954 conviction of petitioner, Dr. Samuel H. Sheppard of the second-degree murder of his wife. Upon his appraisal of trial and pretrial publicity and other matters, the District Judge concluded that Dr. Sheppard did not have a fair trial and was thus deprived of rights guaranteed him by the United States Constitution. His order granted bail to Dr. Sheppard and released him from the Ohio Penitentiary where he had been confined under a life sentence since his conviction in 1954. Ohio was granted 60 days within which to take further action against Dr. Sheppard. Sheppard v. Maxwell, D.C., 231 F. Supp. 37 (July 15, 1964).

Sixth Circuit Court of Appeals here discussed the merits under the five headings of Publicity, Disqualification of Judge Blythin, Lie Detector Evidence, Communications with Jurors, and Other Questions. On a 2-to-1 vote, the court reinstated Sheppard's conviction, although they allowed him to remain free on bail pending his appeal to the United States Supreme Court.
1966 Supreme Court, Sheppard v. Maxwell [Conviction Reversed with Instructions]

Justice Tom C. Clark

Slip Opinion issued in the Sheppard v. Maxwell case. The high court cites specific examples of newspaper articles that contributed to Dr. Sam Sheppard not getting a fair trial.
54/07/09 Doctor Balks at Lie Test; Retells Story

Cleveland News

In Sheppard v. Maxwell, the Court noted that newspaper headlines repeatedly stressed Sam's supposed lack of cooperation with police and other officials and his refusal to take a lie detector test. This story reports that when County Detective Carl Rossbach asked Sam if he would submit to a lie detector test, Sam replied "I understand that instrument and in my emotional state and as I sick as I am, it would show some disturbance...might later on." The article also reports that Rossbach was "not satisfied" with the answers Sam gave to many of his questions.
54/07/09 'Loved My Wife, She Loved Me,' Sheppard Tells News Reporter

Cleveland News

Sam discusses his relationship with Marilyn. His father, Richard A. Sheppard, and attorneys, William J. Corrigan and Arthur Petersilge were also present for the interview. Sam states that he never asked for a divorce and he and Marilyn quarreled no more than most married couples.
54/07/20 Getting Away With Murder

Cleveland Press

This editorial asks "What's the matter with law enforcement in Cuyahoga County?" and accuses authorities of extending "extra-privileged courtesies" to Sam. Sam should have "been subjected instantly to the same third-degree to which any other person under similar circumstances is subjected." The article concludes that "It's time that somebody smashed into this situation and tore aside this restraining curtain of sham, politeness and hypocrisy and went at the business of solving a murder." The next day, Coroner Gerber called for an inquest.
54/07/26 Kerr Urges Sheppard's Arrest

Cleveland Press

Throughout the investigation, newspapers emphasized evidence that tended to incriminate Sam, the Supreme Court noted in Sheppard v. Maxwell. News stories also emphasized discrepancies in Sam's statements to authorities. In "Kerr urges Sheppard's arrest," Detective Chief James McArthur was quoted as saying that scientific tests at the Sheppard home definitively established that Marilyn's killer washed off a trail of blood from the upstairs murder room to the downstairs of the house, a circumstance casting doubt on Sam's account of the murder. In Sheppard v. Maxwell, the Court noted that at trial, no evidence of the killer washing off a trail of blood was produced.
54/07/28 Why Don't Police Quiz Top Suspect: An Editorial

Cleveland Press

This editorial, published two days after the conclusion of the Coroner's Inquest, describes Sam as a "proven liar" who is being shielded by his family and demands that he be taken to police headquarters for further questioning. It declares that if "average people' were involved in this murder it "would have been cleaned up long ago."
54/07/30 Why Isn't Sam Sheppard in Jail: An Editorial

Cleveland Press

This June 30 front page Cleveland Press editorial ran in the morning and evening editions with two different headlines "Why Isn't Sam Sheppard in Jail?" and "Quit Stalling -- Bring Him In." The editorial states that Sheppard is "surrounded by an iron curtain of protection" and his family, friends, Bay Village officials and Bay View hospital staff have "combined to make law enforcement in this county look silly." It claims that "no murder suspect in the history of this county has been treated so tenderly." In Sheppard v. Maxwell, the Court noted Sam was arrested at 10 o'clock in the evening after these editorials ran.
54/07/31 Dr. Sam Faces Quiz at Jail on Marilyn's 'Fear' of Him

Cleveland News

This article reports that Deputy Inspector James E. McArthur learned that Marilyn Sheppard had violent quarrels with her husband over another woman and that she "feared for her life." According to McArthur, this information came from a conversation between Bay Village Mayor J. Spencer Houk and Bay Village Police Chief John P. Eaton. The article also discusses Attorney William Corrigan's statement that Sam had been illegally arraigned before a Bay Village councilman, Gershom M. M. Barber.
54/08/02 Corrigan Tactics Stall Quizzing

Cleveland Press

This article reports that Sam's attorney William J. Corrigan has instructed him not to speak to the police because "He's charged with first degree murder -- now they are trying to make a case against him." Homicide Captain David Kerr is quoted as saying "Corrigan seems to be running the jail."
54/08/05 "I Will Do Everything in My Power to Help Solve This Terrible Murder"

Cleveland Plain Dealer

In Sheppard v Maxwell, the Court stated that this editorial cartoon was typical of the unfavorable publicity and intense media coverage of the murder investigation. In the cartoon, the Sphinx, wearing a neck brace like Sam did during the days after the murder, says "I will do everything in my power to help solve this terrible murder." In Greek legend, the Sphinx devoured those who could not solve the riddle it posed.
54/08/06 Blood is Found in Garage

Cleveland Press

"Chemical techniques" revealed small specks of blood in the garage of the Sheppard home, 33 days after Marilyn's murder. Detective James McArthur is quoted as saying "The killer was a man in confusion, running about like a chicken with its head off . . . he was apparently in a state of panic, not knowing what to do." The article also discusses the three Judge Appellate Court panel examining motions by the Defense regarding Sam's arrest, incarceration and a preliminary hearing.
54/08/06 Sheppard 'Gay Set' is Revealed by Houk

Cleveland News

In this article, Inspector James McArthur said that Mayor Houk's statement reveals some of the social and nocturnal activity of a "gay set" in Bay Village to which Dr. Sam and his wife belonged. It was also reported that Houk added new names to the list of five "other women" in Sam's life. McArthur was also quoted as saying the trail of blood spots around the house indicated that "somebody ran around after the murder like a chicken with his head cut off, undecided what to do with his bloody clothing, the weapon and himself."
54/08/11 Dr. Sam Says: "I Wish There Was Something I Could Say -- But There Isn't"

Cleveland Press

In this article, Sam's brother older Richard N. Sheppard reports, from prison, Sam said "I wish there was something I could get off my chest that would make me feel better -- but there isn't." In Sheppard v. Maxwell, the Court called noted that media coverage ramped up from Sam's arrest on June 30th to his indictment on August 17th and it describes this article as "typical of the coverage" during this period.
54/08/11 New Murder Evidence is Found, Police Claim

Cleveland News

This article reports that police investigators picked up undisclosed evidence in talking with witnesses and in a scientific examination of the Sheppard home. The "secret" information, according to an official close the investigation, would not be disclosed to the Grand Jury but would be held as a surprise at the trial if Sam is indicted for the brutal slaying of Marilyn Sheppard.
54/10/23 But Who Will Speak for Marilyn?

Cleveland Press

In Sheppard v. Maxwell, the Court devoted a paragraph to this article, describing it as a "flagrant episode" in the intense publicity at the time of the trial. The story ran while the jury was being selected. Every juror, except one, testified at voir dire to having read stories about case in the newspaper or hearing news broadcasts about it. Seven of the twelve jurors reported having one or more newspapers delivered to their homes. The Court held that the jury was not given strong enough instructions to avoid newspapers, radio programs and TV news reporting on the Sheppard murder.