Opening statements begin in Sheppard civil case

Sheppard's story inspired "The Fugitive" television series and movie

Son of 'The Fugitive' wants father declared innocent

February 14, 2000
Web posted at: 6:35 p.m. EST (2335 GMT)

In this story: Award could go as high as $2 million Son believes handyman real killer 'We have a lot of evidence' RELATED STORIES, SITES

CLEVELAND (CNN) -- Thirty years after Dr. Sam Sheppard died, a jury will again pass judgment on him.

Attorneys for Sheppard's only child are trying to prove that the doctor whose story inspired "The Fugitive" television series and movie was innocent in his pregnant wife's horrifying murder.

VIDEO A review of the case and the trial, from CNN's Ed Garsten. (February 14) Real 28K 80K Windows Media 28K 80K     From Court TV: Sheppard v. Ohio - Openings delivered in case that inspired "The Fugitive" Background     MESSAGE BOARD Cases in the news

The trial, in which opening statements began Monday, is part of a civil suit filed by Sam Reese Sheppard, who is suing the state of Ohio for his father's wrongful imprisonment.

The wealthy osteopath was convicted in 1954 of the murder of his wife, Marilyn, at their suburban Cleveland home and served 10 years in jail. The trial was declared unconstitutional by the Supreme Court because of pre-trial publicity and the verdict was overturned.

He was retried in 1966 and found not guilty, but Sheppard died four years later a broke, and broken, man.

"He was vindicated to the extent that during the retrial he was found not guilty, but he has never been declared innocent and that's what this trial seeks to do, as well as provide for the possibility of compensation," said Larry Dubin of the University of Detroit-Mercy Law School.

Award could go as high as $2 million

If the civil court jury declares Sheppard innocent, his son could win up to $2 million for the 10 years his father spent in jail.

"I, the child, was denied the right, the privilege, to be ... at the funeral of my parents because of the sharp frenzy of the media, the wrongful arrest and imprisonment, the terror exercised on my family," said Sam Reese Sheppard.

The trial is expected to last at least six weeks.

Sam Reese Sheppard, center, talks with his lawyers before the start of court proceedings last week

Sam Reese Sheppard is convinced that Richard Eberling, who worked as a handyman in the Sheppard's house, was the real killer.

"We know Eberling had been arrested in 1959 with a ring of Marilyn Sheppard's in his possession," said Terry Gilbert, an attorney for Sam Reese Sheppard.

Eberling died in 1998 while serving a life sentence for an unrelated murder. Eberling reportedly confessed to the Sheppard murder to a fellow inmate shortly before his death.

The Sheppard family's case was hurt by a ruling on Friday by presiding Judge Ronald Suster, which prohibits Gilbert from mentioning Eberling in his opening statement.

However, Suster said if evidence connecting Eberling to the case can be established then that evidence can be used later in the trial.

Sheppard's family believes Eberling, above, is the real killer

"Our job is to prove Dr. Sam Sheppard is innocent," Gilbert said following the ruling. "What we have to show is that Richard Eberling is the likely perpetrator of the crime."

Cuyahoga County Prosecutor William Mason said that limiting comments about Eberling simplifies the case. "We've maintained that there is no nexus between the other murders or with Marilyn Sheppard. It's up to them to bring the evidence into court," he said.

Gilbert said he did not think the ruling had completely "gutted" his case. "We have a lot of evidence in this case ... that is very powerful," he said.

In 1997, Sheppard's body was exhumed at the request of his son so that DNA testing could be performed. Such testing was not available at the time of the original trial in the 1950's. The testing showed no match between Sam Sheppard's blood and the blood found at the crime scene.

Last fall, prosecutors exhumed Marilyn Sheppard's remains to perform DNA testing. They said the results were inconclusive.

Correspondent Ed Garsten and Reuters contributed to this report.

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