.. won the supreme court case because Judge Blythin had failed to protect Sheppard Dan a retrial was to be scheduled.(Bailey) John Corrigan was the prosecuting attorney for the second trial. The prosecution planned to employ the same strategy has before and cal the same witnesses. But this time the defense was better prepared with evidence Dan the prosecution did not have a media carnival on their side. The prosecutions first witness was officer Robert Schottke. He was a homicide detective for the Cleveland police and the star witness the first trial. This guy thought he was Dick Tracy.
He questioned Sheppard in the hospital hours after the murder occurred. He thought that it was Sheppard from the start and he did not back down. Bailey mad him look like a blubbering fool. He asked Schottke why he had not checked finger prints on Sheppards fraternity ring and watch before accusing him. He also asked him about Sheppards injuries.
Bailey got Schottke to admit that he accused Sheppard without first determining that he even could be guilty or not.(Bailey, courtroom drama) The prosecution also called Dr. Samuel Gerber, The number one witness at the first trial. At the first trial Gerber made most of his case out of the bloodstains on Marilyns pillow. He said that they came from a surgical instrument, one that he has never seen. Corrigan did not want to use the surgical instrument theory when he examined Gerber in the court. But on Baileys cross-examination he asked Gerber what he had seen on the bloodstain imprint and he said It looked like a Surgical instrument to me.
Then bailey got Gerber to admitt that he had never handled such and instrument and that he was not even a surgeon. Then Bailey put the nail in the coffin on Gerber. He asked him if he had ever seen on in any hospitl before and Gerber said no. Bailey than asked where as Gerber looked for one in the past twelve years, Gerber replied I have looked all over the United states.(Bailey) The prosecution next called Gerbers assistant, Marry Cowan. Bailey also chewed her apart.
He has her admit that the murder was committed by a left handed person and that Sheppard was right handed. The defenses two main strategies were Dr. Kirk, and keeping Sheppard off the stand. Baileys reason for keeping Sheppard off the stand was his condition. He was begining to drink heavily has a crutch and losing his grip on life, at points during the trail Sam did not even know what was going on around him. He has to make the prosecution think that Sam was going to testify. He told people that Sheppard would obviously testify and the prosecution would play off this with a rebuttal witness form the penitentiary named Frenchy.
But since Sam never testified Frenchy did not take the stand and Bailey successfully tricked the prosecution. (Bailey) The defenses main weapon in this case was Dr. Kirk. He proved that the bloodstained pillow was not a surgical instrument but blood splattered from the attack Dan then the pillow was folded over itself and created a mirror image. He also determined that Sam was right handed and the attacker was left handed, Dan he found someone elses blood in the room.
When Kirk was called to the stand by the defense he proved all of these points to the court. He also gave a lecture on blood and how it dries and blood types and how its splatters and things of this sort. Kirks testimony was too good for Corrigan to Have a good cross examination, he only asked limited questions.(Cooper) Baileys called a few other witnesses to refuted Gerber, one who pointed to the suspect in the murder and Sams dentist. The dentist showed how Sams mouth injuries could not of been committed by Sam himself. The last witness was an osteopath, DR Elkins.
He proved to the court that Sams neck and back injuries couldnt of been committed upon himself. For the closing statement Bailey compared the state of Ohio to a women who dropped her dollar. When asked why the lady was not looking for her dollar near where she dropped it, but under the streetlight. The lady replied Because the light is better over here. The judge in this second case was common Pleas Judge Francis J. Talty.
He was a no-nonsense judge who gave the defendant a fair trial. He was very strict on the press. He ordered all photographers to stay outside the courtroom. He also only assigned fourteen seats to the press. Bailey thought that this is not what the supreme court intended, he thought that the judge had too much power in this case.
It took over a week to select the jury, most of them were relatively young. They ruled on November 16, 1966, that Sam Sheppard was not guilty. On April 6, 1970 Sam died of liver cancer at the age of 46.(Bailey) The Sam Sheppard fiasco became so important because of media attention. They had to much power in this case. They blamed Sam before the trail even began and all the people believe them, Sam was basically screwed from the start. There have been Supreme court case ruling saying that the judges arent protecting the defendents well enough and gave the state supreme courts more power to intervene.
It became almost like a presedent. I think that there were brutal crimes committed. Not only the murder, but what the press did to Sam, they basically sealed his fate for him. They have no right to such power. The media are the ones who made Sheppard a suspect in the first place, and they pressured police to bring him in. I think that the first trial was unbelievably unfair to Sam but the second trail as how it is suppose to happen.
The trial judge from the first trial even said that Sam was Guilty has hell before the trial even started. The media was everywhere saying that Sam was guilty, and in was basically impossible to find jurors who have not been swayed by the media. I think that the verdict and punishment of the first case was defiantly wrong. It was a fair punishment to the verdict, but that verdict was proven wrong. I am happy with the outcome of the second trail though.
So in conclusion to this paper, I say that the only reason that Sam was ever arrested or convicted was because of the media and its wrongful power over the case. American History.