Companion website for
COMPARATIVE MEDIA LAW & ETHICS
by TIM CROOK
to be published by Routledge on 15th December 2009
For details of the book, please visit Routledge.
Author's profile at Goldsmiths, University of London
Problems with the conviction and life sentence on Dr. Sam Sheppard 1954 Prejudgment by the Coroner Dr. Gerber who told his officers ‘Well, it is evidence the doctor did this, so let’s go get the confession out of him.’ Dr. Sheppard was interrogated while under sedation in his hospital room. There was clear evidence he had been attacked by his wife’s murderer. Sheppard was questioned for several hours at a televised inquest when his lawyers were not allowed to participate. He was questioned about his married life and love affairs with work colleague Susan Hayes. Prejudicial media coverage: ‘Doctor Balks At Lie Test; Retells Story’…somebody is ‘getting away with murder.’ Reported evidence from police that trail of blood from murder bedroom to the downstairs section had been washed off by the killer which was never produced at trial. Papers portrayed him as a Lothario, delved into his affair with Susan Hayes, named other women lovers, but evidence of other relationships were never produced at the trial. Newspaper editorial said: ‘Now proved under oath to be a liar, still free to go about his business, shielded by his family, protected by a smart lawyer who has made monkeys of the police and authorities, carrying a gun part of the time, left free to do whatever he pleases…’ ‘Why Isn’t Sam Sheppard in Jail?...’ ‘Quit Stalling- Bring Him In.’ 5 volumes of similar clippings from each of the three Cleveland newspapers covering the period from the murder until his conviction were produced for the Supreme court. Chief Prosecutor and Judge were up for election 2 weeks after the trial. Names and addresses of all 75 prospective jurors were published. Many had been contacted by the media. The small courtroom was dominated by media presence. Television station WSRS set up their broadcasting facilities next to jury room. Every day of the 9 week trial was dominated by media presence. There was no privacy for Dr. Sheppard and his attorneys in the courtroom. The jurors selected were not sequestered. During jury voir dire examination WHK radio broadcast a debate during which guests accused Sheppard’s attorneys of throwing roadblocks in the way of the prosecution and alleging that by hiring a prominent criminal lawyer he had conceded his guilt. A police officer broadcast that Sheppard was a perjurer and compared him to the traitor Alger Hiss. During the trial one newspaper ran the story: ‘Sam Called A ‘Jekyll-Hyde’ by Marilyn, Cousin to Testify’- She never did. During 7th week WXEL TV and WJW radio broadcast that an alleged lover of Sheppard, Carole Beasley, had been arrested in New York City for robbery and borne him a child. 2 jurors said they had heard the broadcasts, but denied that it would effect their judgment. When Sheppard gave evidence that he had been mistreated by Cleveland detectives after his arrest, outside of the trial Captain Kerr of the Homicide Bureau issued a press release under the headline “Bare-faced Liar.’ The US Supreme Court ruled that the trial was unfair. The judge was biased and had failed to control the proceedings. ‘…legal trials are not like elections, to be won through the use of the meeting-hall, the radio and the newspaper.’ Supreme Court agreed with Ohio Supreme Court: ‘Murder and mystery, society, sex and suspense were combined in this case in such a manner as to intrigue and captivate the public fancy to a degree perhaps unparalleled in recent times.’ Ohio Supreme Court had observed: ‘In this atmosphere of a “Roman holiday” for the news media, Sam Sheppard stood trial for his life.’ US Supreme court said: ‘At one point, a front-page picture of Mrs Sheppard’s blood-stained pillow was published after being “doctored” to show more clearly an alleged imprint of a surgical instrument.’ ‘The carnival atmosphere at trial could easily have been avoided.’
