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Forgotten True Crime · Bay Village, Ohio · 1954

The Doctor’s Wife

Before six on the morning of July 4, 1954, the mayor of Bay Village picked up his telephone and heard his neighbour, a young surgeon, say that someone had killed his wife. Within a month Cleveland had made up its mind about who. It took two trials, the Supreme Court and the next fifty years to show how little that settled.

Bay Village, OhioJuly 4, 195414 clippings & records~12 min read

Marilyn Reese in her Cleveland Heights High School yearbook; "water skiing enthusiasts" Sam and Marilyn Sheppard off their own beach; Sam leaving the house with his lawyers on July 9, 1954. All as the Cleveland Press printed them that July.

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The Murder of Marilyn Sheppard

The full story is told in two parts: Part One follows the twenty-six days from the murder to the arrest, and Part Two the jail, the trial and everything after. This page is the written version of both, with the clippings and court records they were built from.

Lake Road

Bay Village sits on the south shore of Lake Erie, about a dozen miles west of downtown Cleveland. In 1954 it was the kind of suburb young professional families were moving to: big trees, big lawns, and houses up on the bluff with wooden stairs running down to the beach.

Sam Sheppard was one of those young professionals. He came from a family of osteopaths. His father, Dr. Richard A. Sheppard, and two of the sons had helped found Bay View Hospital, and all three sons were doctors. At Cleveland Heights High School, Sam had been the quarterback and the class president. The girl a year ahead of him was Marilyn Reese. Her mother had died when she was young, and a friend would say she had had "a rather lonesome childhood." She and Sam led the Grand March at the 1942 senior prom, married in California while he was in medical school, and came home to Ohio in 1951 with their son, called Chip.

They lived at 28924 West Lake Road, a rambling house on the bluff with a screened porch over the water. Marilyn bowled, was taking golf lessons, and ran the hospital's women's auxiliary. They both loved water skiing. That summer she was four months pregnant.

"Water skiing enthusiasts": Sam and Marilyn off their own beach, as the Cleveland Press ran it on July 5.

Saturday night

On Saturday, July 3, Sam spent the day at the hospital. One of the holiday cases was a little boy who had been hit by a truck. Sam opened his chest and massaged his heart by hand for two hours, and the boy died.

That evening Sam and Marilyn had cocktails down the road with their closest friends, Don and Nancy Ahern, and then everyone came back to the Sheppards' for supper on the porch. Afterward the four of them settled in the living room in front of a movie on television. Around half past eleven Sam lay down on the couch and fell asleep. Nancy Ahern remembered what he had on, down to a white T-shirt under his brown corduroy jacket.

When the Aherns left, Marilyn saw them to the door. Nancy had locked the porch door on the lake side and put the night chain on. The front door she wasn't sure about.

I am sorry now that we didn't see whether the door was locked or not when she shut it, but you don't do those things when you figure there is a man in the house. Nancy Ahern at the inquest, Plain Dealer, July 23, 1954

Everything after that rests on one account. Sam said he woke to Marilyn crying out his name, ran upstairs, saw a pale form in the dark bedroom, and was struck down from behind. When he came to, he said, he heard someone downstairs, chased a figure out the back and down to the beach, grabbed him, and was knocked out again. He woke at the water's edge, climbed back up, and found his wife. Then he telephoned the mayor.

"I think they've killed Marilyn"

J. Spencer Houk was the mayor of Bay Village, a part-time job; during the week he ran a meat business. He lived three houses away. Under oath that August he described what he heard when he picked up the phone, not long before six:

To the best of my memory, Sam Sheppard said, "My God, Spen, get over here quick. I think they've killed Marilyn." J. Spencer Houk, testifying August 2, 1954, as printed in the Cleveland Press

Houk and his wife, Esther, found the front door open and Sam slumped in a chair downstairs, wearing wet trousers and no shirt. Esther went up the stairs. Marilyn was on her bed. The Plain Dealer's first story said she had been killed by "25 savage blows"; at the 1954 trial the autopsy pathologist counted 35 separate injuries.

The Plain Dealer's front page on Monday morning, July 5, 1954.

What the coroner and the police found made sense to no one. Sam's medical bag was dumped on the hall floor and two desks had been gone through, but about two hundred dollars in cash was left around the house. In the weeds below the house a teenager found a green bag holding Sam's watch, ring and keys. His watch had blood on it and had stopped at 4:15. Marilyn's, found on the floor of his study, had stopped at about 3:10. There was no forced entry. The family dog had not barked. The weapon was never found, and neither was Sam's T-shirt.

The family closes the door

Sam's family took him to their own hospital that morning. His brother Stephen said X-rays showed a fractured vertebra; the doctor the police called in found a black eye and a swollen face and no sign of a neck injury. On July 5 the family brought in William J. Corrigan, one of the best-known criminal lawyers in Cleveland, and Sam's room was closed to visitors.

The men running the case lost patience fast. Assistant Prosecutor John Mahon, who took over the investigation that week, told the Press:

In my 23 years of criminal prosecution, I have never seen such flagrant stalling as in this case by the family of Dr. Samuel Sheppard. John J. Mahon, Cleveland Press, July 8, 1954

The same day Sam overruled his lawyer and agreed to talk. Asked whether he had killed his wife, he answered: "Oh, my God, no. Why should I? I loved her." He did admit one "major misunderstanding" in the marriage: he had once bought a watch for a former hospital employee and not told Marilyn.

On July 13 the Cleveland Press put that employee's photograph on its front page. Her name was Susan Hayes. She was twenty-four, living in California, and she told the Los Angeles district attorney under oath that she and Sam were casual acquaintances.

The Press did not let up. It asked the city's detective chief to pick apart the investigation; he called it "the neatest burglar ever." On July 21 it printed a front-page editorial demanding an inquest, and that same day the Cleveland police took over the case. Their chief, Frank Story, told the paper he was convinced he knew who the murderer was.

But the suspect has his story down pat. And if he stays pat, there isn't much that we can do. Chief Frank W. Story, Cleveland Press, July 21, 1954

Normandy School

The coroner, Dr. Samuel Gerber, opened his inquest the next day in the assembly room of Normandy School in Bay Village, in front of about two hundred spectators. Sam's lawyers could watch but not object or ask questions. Gerber asked them all himself.

Sam testified for most of two days. He could not say why his jacket was folded on the couch or where his T-shirt had gone. When he couldn't place the light switch on the stairs, Gerber pressed him, and Sam snapped back.

"Do you mean you've been living in that home three years and don't know where that light switch is?" Dr. Gerber demanded. "There are a lot of things I've been living with for three years that I can't give the location of," Dr. Sheppard replied. Cleveland Press, July 23, 1954

Then Gerber asked about California. Had he slept in the same bedroom as Susan Hayes? Had he had a sexual relationship with her? Sam said no to every question. He walked out after almost five and a half hours and told reporters, "That was rough." The inquest adjourned on July 26 without a finding.

"Quit stalling"

On July 27 Susan Hayes flew back to Cleveland with an assistant prosecutor and spent three hours in Chief Story's office. According to the police and prosecutors, her signed statement said she and Sam had been intimate in California that March, that the watch was one of several gifts, and that he had talked of marriage. Every point ran against what Sam had said under oath.

I've told the truth now. I never realized how good it is to get something like that off your chest. . . . I know things are going to be rough. Susan Hayes, Cleveland Press, July 28, 1954

On July 30 the Press ran another editorial across the top of page one under the headline "Quit Stalling and Bring Him In!" Cleveland's mayor told Bay Village to arrest Sam or the city would pull its police off the case. That night the president of the Bay Village council signed a warrant, and at about 10:15 Sam Sheppard was charged with the first-degree murder of his wife.

The front-page editorial of July 30, 1954. Sam was arrested that night.

Over that first weekend in jail, the Press reported, Sam admitted to detectives that he had been intimate with Susan Hayes. On August 3 Story's men went back to the house with a fluorescent "black light" and traced blood from the bedroom through the house. Story said what that did and didn't show:

The additional blood stains are indicative in tracing the movements of the slayer and are consistent to some extent with the story given by Dr. Samuel Sheppard of running around the house after the murder. Chief Frank W. Story, United Press, Cincinnati Enquirer, August 4, 1954

The trial

On August 17 the grand jury indicted Sam for first-degree murder. He pleaded not guilty and was held without bail. The trial opened on October 18 before Judge Edward Blythin, who refused to delay it. The election was two weeks away; Blythin was on the ballot, and so was Mahon, running for judge.

The courtroom was twenty-six feet by forty-eight. A press table for about twenty reporters was set up inside the rail, one end of it less than three feet from the jury box. A radio station broadcast from the room next to the jury room. Twelve jurors were sworn on November 1.

The State argued that Sam and Marilyn had quarrelled over other women, that he killed her, and that the burglary was staged. The coroner told the jury that a bloodstain on Marilyn's pillow was "the imprint of what I believe to be a surgical instrument." On cross-examination he agreed that "no specific object or instrument was picked out as being the weapon."

On December 1 Susan Hayes testified for the State to the affair. On cross she agreed she had denied it to the Los Angeles authorities for two weeks. Sam took the stand on December 9 and told his story again. Under Mahon's cross-examination he admitted the affair, and admitted the inquest denial:

I did not tell the truth in relation to Miss Hayes. Dr. Samuel H. Sheppard, trial testimony, December 1954

Asked whether he had beaten his wife that morning, he said, "No, sir."

Second degree

The jury got the case on December 17 and deliberated for five days. At 4:33 on the afternoon of December 21 it found Sam Sheppard not guilty of first-degree murder and guilty of murder in the second degree. Blythin asked whether he had anything to say.

I'd like to say, sir, I am not guilty, and I feel that there has been proof presented before this Court that has definitely proven that I couldn't have performed this crime. Trial transcript, December 21, 1954

"All right," the judge said. "But the jury has found otherwise." He sentenced Sam to life in the Ohio Penitentiary.

The verdict as the court reporter took it down, December 21, 1954.

On January 7, 1955, Sam's mother died by suicide. On January 18 his father died at Bay View Hospital. Four days after that a criminologist from the University of California, Paul Leland Kirk, arrived to examine the house for the defense. He concluded that the blows had been struck left-handed and that a blood spot on the wardrobe door was neither Sam's nor Marilyn's. A motion for a new trial on his findings was denied, and every appeal through 1956 failed.

A mockery of justice

Sam spent nearly ten years in prison. In 1963 a young Boston lawyer, F. Lee Bailey, took the case to federal court, arguing that Sam had never had a fair trial. On July 15, 1964, Judge Carl A. Weinman agreed, finding five separate violations of his constitutional rights: "the trial can only be viewed as a mockery of justice." Sam was released on bond. An appeals court reversed Weinman in 1965, and Bailey went to the Supreme Court.

On June 6, 1966, the Court ruled eight to one that Sam Sheppard had been denied a fair trial.

. . . bedlam reigned at the courthouse during the trial and newsmen took over practically the entire courtroom . . . Sheppard v. Maxwell, 384 U.S. 333 (1966)

Ohio tried him again that fall before Judge Francis Talty, with the press kept outside the rail. Sam did not testify, and Susan Hayes did not appear. Gerber admitted under Bailey's cross-examination that he had never found an instrument to match the pillow stain. On November 16, 1966, the jury found Sam Sheppard not guilty.

After

What came next went badly. Sam went back to surgery, was sued, and resigned from the hospital staff. He tried professional wrestling. He died at home near Columbus on April 6, 1970, at forty-six.

The question of who killed Marilyn did not die with him. In 1959 a window washer named Richard Eberling, who had worked at the Sheppard house, had been caught with two of Marilyn's rings stolen from Sam's brother's home. He told police he had cut himself and bled in the house days before the murder, and a state polygraph that November found "no evidence of deception." Years later, Sam's son, by then grown, argued publicly that Eberling was the killer. Eberling denied it, was never charged with Marilyn's death, and died in prison in 1998. In 1998 the family's lawyer announced DNA results he said excluded Sam; the State disputed them.

In 2000 the Sheppard estate sued the State of Ohio for wrongful imprisonment. To win it had to prove Sam innocent, and the State argued again that he had killed his wife. On April 12, 2000, the jury found for the State. In 2002 an appeals court affirmed, and said the case should never have gone to trial at all: the claim had died with Sam in 1970.

So the record stands like this. A jury convicted him in 1954. The federal courts said that trial was unfair. A jury acquitted him in 1966. A jury in 2000 said his estate had not proved him innocent. Nobody else has ever been charged with the murder of Marilyn Reese Sheppard.

What the record still doesn't say

Where the weapon and Sam's T-shirt went. Both were searched for, in the house, the lake and the yard, and neither was ever found.

Why the two watches stopped an hour apart, Marilyn's at about 3.10 and Sam's at 4.15, and whether the house was lit at 2.15 in the morning, as one couple swore, or dark at 3, as two other witnesses said.

Whose blood was on the wardrobe door. Kirk said it was neither Sam's nor Marilyn's; the State's experts disagreed in 1966, and the 1998 DNA results were disputed in 2000.

Who Bailey meant. A week after the acquittal he wrote to the Bay Village police chief that the killer was "no stranger" and laid out a case against the Houks. They were never charged with anything, and no court ever weighed it.

The People

The family, the neighbours, the coroner and the court
victim

Marilyn Sheppard

née Marilyn Reese · 28924 West Lake Road

Thirty-one by the papers' count, and four months pregnant. Sam's high school sweetheart, a bowler and water skier, president of the Bay View Hospital auxiliary. Beaten to death in her bed in the early hours of July 4, 1954. No one else was ever charged.

accused

Dr. Samuel H. Sheppard

Osteopathic surgeon, Bay View Hospital

Said he fought a bushy-haired intruder twice and was knocked out both times. Indicted for first-degree murder; convicted of second-degree murder in December 1954 and sentenced to life. The conviction was set aside in 1964 and 1966, and a second jury acquitted him on November 16, 1966. Died in 1970.

witness

J. Spencer Houk

Mayor of Bay Village · "Spen"

Sam's neighbour, friend and co-owner of a little aluminum boat. He took the phone call that morning and was the first in the house with his wife, Esther. A witness at the inquest and both trials. Never charged with anything.

No photograph
in the file
coroner

Dr. Samuel R. Gerber

Cuyahoga County Coroner

Ran the inquest at Normandy School and asked every question himself. At the 1954 trial he told the jury a stain on Marilyn's pillow was the imprint of "a surgical instrument." No such instrument was ever produced.

No photograph
in the file
witness

Susan Hayes

Former Bay View Hospital technician

Twenty-four in 1954. First denied, then admitted, an affair with Sam, and testified to it for the State on December 1, 1954. Sam had denied it under oath at the inquest; at trial he admitted it.

defense

William J. Corrigan

Sam's trial lawyer

One of Cleveland's best-known criminal lawyers, called in by the family on July 5. He fought the case from the hospital room through the appeals.

judge

Edward Blythin

Court of Common Pleas, Cuyahoga County

Presided over the 1954 trial while running for re-election. Refused to delay or move it. Sketched here by the AP artist in October 1954.

The Record

Documented, in order

The case in order, from the Cleveland papers of 1954, the court journal, the trial transcripts and the later court rulings. Times are as the papers and the transcripts gave them.

Jun 1942
Sam Sheppard and Marilyn Reese lead the Grand March at the Cleveland Heights High senior prom.
Jul 3, 1954
Supper with the Aherns; Sam falls asleep on the couch around 11.30 p.m.
Jul 4, 1954
Before 6 a.m., Sam phones Mayor Houk; Esther Houk finds Marilyn dead upstairs.
Jul 4, 1954
The green bag with Sam's watch, stopped at 4.15, is found in the weeds.
Jul 5, 1954
William J. Corrigan is called in; Sam's hospital room is closed to visitors.
Jul 7, 1954
Marilyn's funeral; Sam attends in a neck brace.
Jul 8, 1954
Mahon takes over: "never seen such flagrant stalling." Sam agrees to be questioned.
Jul 13, 1954
The Press prints Susan Hayes's photograph.
Jul 21, 1954
Front-page editorial, "Why No Inquest? Do It Now, Dr. Gerber." Cleveland police take over.
Jul 22, 1954
The inquest opens at Normandy School; Sam testifies.
Jul 23, 1954
Sam denies under oath any affair with Susan Hayes.
Jul 27, 1954
Susan Hayes signs a statement in Chief Story's office.
Jul 30, 1954
"Quit Stalling and Bring Him In!" Sam is charged with first-degree murder about 10.15 p.m.
Aug 3, 1954
Police use a black light and trace blood through the house.
Aug 17, 1954
Indicted for first-degree murder, Case No. 64571.
Oct 18, 1954
The trial opens before Judge Edward Blythin.
Dec 1, 1954
Susan Hayes testifies for the State.
Dec 21, 1954
Guilty of murder in the second degree, read at 4.33 p.m.; sentenced to life.
Jan 1955
Sam's mother dies on the 7th, his father on the 18th; Paul Kirk examines the house from the 22nd.
Jul 15, 1964
Judge Weinman grants habeas corpus: "a mockery of justice."
Jun 6, 1966
The U.S. Supreme Court rules 8–1 that Sam was denied a fair trial.
Nov 16, 1966
Acquitted at the retrial.
Apr 6, 1970
Sam Sheppard dies near Columbus, aged 46.
Apr 12, 2000
Civil jury finds for the State of Ohio.
Feb 21, 2002
The Eighth District affirms; the case should not have gone to trial.

The Clippings

14 pages, photographs and records

Click any page to read it full size. Newspapers from 1954; court records from 1954 to 1966.

Sources

What this file is built on

Newspapers

Cleveland Press, July 5 – August 2, 1954: the daily coverage, the editorials, and the inquest testimony as printed.

Cleveland Plain Dealer, July 5 – 23, 1954, including the full text of Sam Sheppard's inquest testimony.

Associated Press, United Press and INS wire reports, as printed in the Dayton Daily News, Lancaster Eagle-Gazette, Sandusky Register, Cincinnati Enquirer and Abilene Reporter-News, July – October 1954.

Cleveland News and Plain Dealer, January 1955; Cleveland Press, April 6, 1970.

Records

Cuyahoga County Court of Common Pleas, Case No. 64571: indictment and capias (August 17, 1954) and court journal entries, August 1954 – January 1955.

Trial transcript, State of Ohio v. Samuel H. Sheppard, 1954, Vols. 2 and 4–12; retrial transcript, 1966, Vols. 2–5.

Sheppard v. Maxwell, 231 F. Supp. 37 (S.D. Ohio 1964); Sheppard v. Maxwell, 384 U.S. 333 (1966).

Ohio Bureau of Criminal Identification polygraph report on Richard Eberling (November 1959) and Bay Village police files on Eberling, 1959 – 1989.

F. Lee Bailey to Bay Village Police Chief Fred Drenkhan, November 23, 1966.

Case No. CV96-312322, jury verdict (April 12, 2000); Murray v. State, 2002-Ohio-664 (8th Dist., February 21, 2002).

All via the Sam Sheppard Case Collection, Cleveland State University College of Law Library.

Photographs

All photographs and sketches on this page were printed in 1954 newspapers: the Cleveland Press, the Plain Dealer and the Abilene Reporter-News (AP sketch of Judge Blythin).

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