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Chronology Of Key Events In Sheppard Case

COLUMBUS, Ohio, Updated 12:34 p.m. December 2, 1998 -- The Ohio Supreme Court has cleared the way for a third trial in the Dr. Sam Sheppard (pictured right) case.

The Associated Press reports the justices ruled 4-3 today against a request by prosecutors to stop the case from going to trial again.

Prosecutors claim too much evidence had been lost and too many witnesses have died to litigate the case again. They say they may appeal the decision to the U.S. Supreme Court.

The Ohio Supreme Court ruled that the case can go to trial before Cuyahoga County Common Pleas Judge Ronald Suster.

If Suster finds Sheppard was innocent, the case would go before the Ohio Court of Claims in Columbus to determine possible damages, reports AP.

Sam Reese Sheppard (left), Sheppard's son, says this case has been an embarrassment to the state of Ohio. "Why it is so tough for people to admit they made a mistake?"

Sheppard has sued the state claiming his father was wrongfully imprisoned. Dr. Sheppard was accused of the beating death of his pregnant wife, Marilyn (right), in 1954.

He spent a decade in prison before being acquitted at a second trial.

The doctor died of liver failure in 1970 at age 46.

Sam Reese Sheppard could collect about $2 million in damages if he wins his case.

To win a wrongful imprisonment declaration now, Sheppard would have to be declared innocent by a judge -- a stronger statement than the "not guilty" verdict he won in 1966 at his retrial ordered by the U.S. Supreme Court.

Terry Gilbert, Sheppard's attorney, says this is a very historic decision by the Supreme Court of Ohio. "It paves the way for victims of wrongful imprisonment and their families to get their day in court to prove innocence," explains Gilbert. "This is important because although Dr. Sheppard was acquitted in 1966, his image as a man who escaped punishment was still the prevailing view in Cleveland.

Dr. Sheppard always said a bushy-haired intruder (police composite is pictured above left) killed Mrs. Sheppard at the couple's home in Bay Village (pictured right) just west of Cleveland and knocked him unconscious.

Last March, Sheppard's legal team revealed the results of DNA tests performed on the doctor's exhumed body, which showed he is not a match for four bloodstains from the couple's home (Marilyn's bed is shown at left), reports NewsChannel5.

The younger Sheppard believes the evidence points to handyman Richard Eberling (his 1959 mug shots are shown below) as his mother's killer. Eberling, convicted of murder in a separate case, died this year and has always denied killing Mrs. Sheppard.

The Sheppard murder inspired "The Fugitive" TV series.

Gilbert says he would like to see this whole case settled. "It is in the interest of this community and the state of Ohio for people to sit down in a civilized way to work out a solution to this case, to put it behind us. It would require recognition by the state of Ohio that Dr. Sheppard was indeed innocent and a mistake was made."

From Our Archives:

• August 19, 1998: Sheppard Murder: Did Eberling Confess?
• August 11: Eberling Buried In Potter's Field
• July 29: New Judge On Sheppard Case
• July 27: Autopsy Set For Sheppard Murder Suspect
• July 25: Richard Eberling Has Died
• July 17: Justice Removed From Sheppard Case
• July 13: Sheppard Case: Waiting For A Ruling

Related Sites:

• Crime Library: Sam Sheppard
• ABC News: Son Crusades For Truth