July 15, 1964 - Dr. Samuel Sheppard, convicted of slaying his wife in 1954, today was ordered released from prison.
Federal District Judge Carl Weinman ruled that Sheppard (pictured center with his brother and sister-in-law) had been denied his constitutional rights in his trial 10 years ago in Cleveland. He declared Sheppard’s custody void and ordered his release on $10,000 bond.
The judge said Sheppard’s trial had been “a mockery of justice.” Sheppard is expected to be released from Ohio Penitentiary in Columbus tomorrow.
If Cuyahoga County (Cleveland) or the state of Ohio takes no action in 60 days, the judge said, Sheppard’s release will become final. The State Attorney General’s office indicated it would appeal the decision immediately.
Sheppard was convicted on Dec. 21, 1954, of second-degree murder in the fatal beating of his wife, Marilyn, in the Cleveland suburb of Bay Village on the previous July 4. He has contended that he did not commit the crime and has filed various appeals in state and Federal courts. His trial and appeals have attracted nationwide attention.
Until today his appeals, some of which have gone to the U.S. Supreme Court, have been denied.
Sheppard was sentenced to life in prison. He would be eligible for parole in October.
Judge Weinman ruled today that the constitutional rights of the osteopath, who is now 40 years old, had been violated in numerous ways at his trial.
The judge cited the refusal by the trial judge, Edward Blythin, who is now dead, to grant a change of venue that had been sought because of publicity that surrounded the case. Judge Weinman also declared:
— The trial court had been unable to maintain impartial jurors because of publicity during the trial.
— There had been improper introduction of lie detector evidence.
— Unauthorized communications went to the jury during deliberations.
— The trial judge failed to disqualify himself although there was uncertainty as to his impartiality.
Officials at the penitentiary in Columbus said Sheppard would not be notified of the court ruling until the official court order was received at the prison.
This did not mean that Sheppard, often described as a model prisoner by authorities, did not know of the ruling. Inmates are allowed to have radios.
Sheppard was arrested on July 30, 1954, and his trial began on Oct. 18. He was convicted by a jury of seven men and five women.
Sheppard’s wife had been found slain in her bedroom. Wounds had been inflicted by a blunt instrument. The osteopath contended that he had fought with a “bushy-haired intruder” who had killed his wife.
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