Original subtitles

HE SAID THE WATER WAS COLD THAT NIGHT.

HE SAID IT WAS LAPPING OVER HIS LEGS

WHEN HE FINALLY CAME TO.

HE SAID HE GOT UP THEN

AND WALKED BACK TOWARD THE HOUSE.

DR. SAM SHEPPARD SAID A LOT OF THINGS

ABOUT THAT INFAMOUS NIGHT.

BUT COULD WE BELIEVE HIM?

IT WASN'T THAT WE THOUGHT HE WAS LYING.

IT WAS JUST THAT AFTER THAT NIGHT,

WE DIDN'T KNOW WHAT TO BELIEVE.

HELLO, THIS IS SAM.

COME QUICKLY. MARILYN'S DEAD.

IN THE 1950s, BAY VILLAGE WAS A SLEEPY SUBURB OF CLEVELAND

THAT OVERLOOKED THE WATERS OF LAKE ERIE.

ALL OF US THAT LIVED THERE THOUGHT WE'D FOUND

THE PERFECT PLACE TO RAISE OUR FAMILIES,

OUR OWN LITTLE PARADISE.

EVERYBODY KNEW EACH OTHER.

IT WAS THIS FANTASY OF LIFE IN POST-WORLD WAR II AMERICA.

SO, WHEN ALL THOSE POLICE CARS PULLED INTO OUR NEIGHBORHOOD,

WE KNEW THAT SOMETHING TRULY TERRIBLE

MUST'VE HAPPENED.

DETECTIVE. HEY.

SO, WHAT DO YOU GOT HERE?

WELL, WE HAVE A HOMICIDE. WIFE IS DEAD.

THAT'S THE HUSBAND?

SAYS HE WAS ASLEEP IN ANOTHER ROOM

WHEN HIS WIFE'S SCREAMS WOKE HIM UP,

BUT HE GOT KNOCKED UNCONSCIOUS

BEFORE HE COULD GET TO HER. HEAD TRAUMA.

HIS BROTHER'S TAKING HIM OVER TO BAY VIEW

FOR SOME TREATMENT.

SAM'S BROTHER CAME TO THIS CRIME SCENE

AND DETERMINED THAT SAM WAS INJURED.

HE NEEDED TO GET TO BAY VIEW HOSPITAL.

THAT'S THE SON.

APPARENTLY, HE DIDN'T HEAR A THING.

HEY. SAY, "HI, GRANDPA."

SAM AND MARILYN'S LIFE LOOKED PICTURE-PERFECT.

THEY WERE THOUGHT OF FONDLY BY PEOPLE IN BAY VILLAGE.

THEY JUST SEEMED LIKE THE EPITOME OF THE HAPPY FAMILY.

MY GIRLFRIENDS AND I NICKNAMED SAM

AND MARILYN THE PRINCE AND PRINCESS OF BAY VILLAGE.

THEY WERE HIGH-SCHOOL SWEETHEARTS,

AND WHEN MARILYN WENT OFF TO SKIDMORE,

THEY WROTE EACH OTHER EVERY DAY FOR A YEAR

BEFORE SHE MISSED HIM TOO MUCH AND MOVED BACK HOME.

SHE TOOK A JOB DOING ADMINISTRATIVE WORK

TO PUT HIM THROUGH MED SCHOOL,

AND NOW THEY WERE THE CHARMING DOCTOR AND HIS BEAUTIFUL WIFE.

WHEN THE POLICE GO UPSTAIRS...

...THERE'S BLOOD EVERYWHERE.

THEY SEE MARILYN'S BODY ON THE BED.

HER HEAD IS BASHED IN TO SUCH AN EXTENT,

THAT YOU COULDN'T EVEN RECOGNIZE HER.

I COUNTED AT LEAST 35 INDIVIDUAL BLOWS.

LOOKS LIKE SHE PUT UP A BIG FIGHT, TOO.

THERE ARE DEFENSIVE WOUNDS ON HER HANDS AND FINGERNAILS TORN.

THERE'S BRUISING ON HER RING FINGER AROUND THE KNUCKLE.

ONE OF MARILYN SHEPPARD'S TEETH WAS BROKEN AWAY.

IT'S FOUND ON THE BED.

HER PAJAMA BOTTOMS WERE REMOVED FROM HER LEFT LEG

AND FOUND TUCKED UNDER THE RIGHT LEG,

AND SUGGESTED THAT IT MAY HAVE BEEN A SEXUAL ASSAULT.

NO ONE HAD EVER SEEN ANYTHING LIKE THAT.

THE ANGER AND THE HATRED OF THE ACT WAS SO BRUTAL.

SOMETHING WRONG, OFFICER?

S-SHE WAS EXPECTING.

SHE WAS PREGNANT?

FOUR MONTHS.

MARILYN CAME FROM MONEY,

BUT THAT DON'T LET THAT FOOL YOU

INTO THINKING SHE GREW UP HAPPY.

HER MOTHER DIED WHEN SHE WAS YOUNG,

AND SHE HAD ONE OF THOSE FATHERS

WHO DON'T HAVE THE FAINTEST IDEA

HOW TO RAISE A DAUGHTER ALONE.

SO WHEN SHE ANNOUNCED HER SECOND PREGNANCY,

I WAS THRILLED FOR HER.

SHE WAS FINALLY GOING TO HAVE THE SORT OF FAMILY

SHE'D ALWAYS WANTED.

IN THE DEN, THE INVESTIGATORS SEE DRAWERS OPEN,

CONTENTS RIFLED THROUGH.

THERE WAS A PHYSICIAN'S BAG THAT HAD BEEN DUMPED OVER.

MORNING, BUBOWSKI. YOU FIND ANY PRINTS?

I-I'M NOT FINDING MUCH OF ANYTHING

IN THE WAY OF A CLEAR PRINT.

THE FINGERPRINT TECHNICIAN

IS UNABLE TO GET QUALITY FINGERPRINT LIFTS.

THE POLICE WONDER IF SOMEONE CLEANED UP THE HOUSE

AND WIPED IT DOWN AND REMOVED ALL THE FINGERPRINTS.

IT LOOKED LIKE A STAGED BURGLARY.

ROBBERS MOVE FAST.

THEY DUMP DRAWERS. THEY TRASH THE HOUSE.

THEY DIDN'T SEE THAT.

IT'S TOO CAREFUL.

NONE OF THIS ADDS UP.

WELL, LET'S GO TALK TO HIM.

NOW, SAM HADN'T JUST BEEN TAKEN TO THE HOSPITAL,

HE'D BEEN TAKEN TO HIS HOSPITAL.

THE SHEPPARD FAMILY OWNED BAY VIEW HOSPITAL.

SAM AND HIS TWO BROTHERS WORKED THERE ALONGSIDE THEIR FATHER.

FOR MOST OF US, GOING TO BAY VIEW

FELT LIKE BEING TREATED BY YOUR OWN FAMILY.

BUT AS FOR THE DETECTIVES, WELL...

THE DETECTIVES ARE HERE TO SEE YOU.

SEND THEM IN.

...THIS MEANT THEY WERE PLAYING ON SAM'S HOME TURF.

DR. SHEPPARD... I'M HOMICIDE DETECTIVE SHOTKEY.

THIS IS MY PARTNER, DETECTIVE GOREAU.

OUR DEEPEST CONDOLENCES.

THANK YOU.

WE'RE TERRIBLY SORRY TO INTRUDE,

BUT IF YOU DON'T MIND, WE'D LIKE TO ASK YOU A FEW QUESTIONS.

MY RECOLLECTION'S A BIT CLOUDED, BUT I CAN TRY.

JUST TAKE US STEP-BY-STEP.

WHAT HAPPENED LAST NIGHT?

WELL, WE HAD FRIENDS DON AND NANCY AHERN OVER FOR DINNER.

AFTER DINNER, WE PUT OUR SON TO BED...

HEY, IT'S MOVIE NIGHT AFTER ALL.

...AND DECIDED TO WATCH A MOVIE WITH OUR GUESTS.

I WAS EXHAUSTED FROM A LONG DAY AT THE HOSPITAL,

AND I LIED DOWN ON THE DAYBED.

**

SAM!! SAM!!

SAM!!

I VAGUELY RECALL HEARING MARILYN CRY MY NAME,

AND, IN MY DROWSY STATE, I FELT STIMULATED TO GO TO HER,

AND I DID AS SOON AS I COULD NAVIGATE.

IT WAS DARK.

BUT AS I WENT UP THE STAIRS,

I COULD VAGUELY MAKE OUT THIS LIGHT OBJECT,

SILHOUETTE OF A BIPED FORM, STANDING OVER HER BED.

A BIPED FORM?

THAT'S ALL I CAN VISUALIZE.

WHAT HAPPENED NEXT?

WELL, I ENTERED THE ROOM, AND JUST AS SOON AS I DID,

I WAS STRUCK FROM BEHIND AND RENDERED UNCONSCIOUS.

SO, YOU'RE SAYING THERE WERE TWO INTRUDERS IN THE HOUSE --

ONE THAT YOU SAW IN THE ROOM,

AND THE OTHER THAT STRUCK YOU FROM BEHIND?

I CAN'T BE SURE. I JUST SAW THE ONE.

OKAY, GO ON.

YOU PASSED OUT, AND THEN WHAT HAPPENED?

WHEN I REGAINED CONSCIOUSNESS,

I RECALL SITTING NEXT TO MARILYN.

SHE WAS IN VERY BAD FORM.

I THEN HEARD NOISES DOWNSTAIRS.

I WAS COMPELLED TO GET THIS PERSON,

SO I -- I RAN DOWNSTAIRS,

AND I COULD MAKE OUT THIS DARK FORM STANDING BESIDE THE WINDOW.

WITHIN SECONDS, THIS FORM DASHED OUTSIDE,

AND I FOLLOWED IT TO THE BEACH.

I GRAPPLED WITH IT...

AND I BLACKED OUT.

I RECALL WAKING UP.

THE WAVES WERE BREAKING OVER HALF MY BODY.

I GOT UP. I WENT BACK INTO THE HOUSE

TO CHECK ON MARILYN.

I COULD FEEL THAT SHE WAS GONE,

AND I CALLED FOR HELP.

YOU WERE RENDERED UNCONSCIOUS A SECOND TIME?

YES.

WERE YOU ABLE TO REMEMBER ANY SPECIFIC DETAILS

ABOUT THIS INTRUDER?

CAN YOU DESCRIBE HIM TO US?

MY FOGGY RECOLLECTION, I CAN BARELY VISUALIZE ANY FEATURES.

BUT HE -- HE WAS TALLER THAN MYSELF.

HIS HAIR WAS OF A LARGE, BUSHY NATURE.

THEY DON'T BELIEVE A WORD THAT HE'S SAYING.

SHE'S JUST BEEN KILLED, HE'S EXTREMELY COMPOSED.

HE CLAIMS THAT HE'S BEEN KNOCKED OUT TWICE,

BUT HE'S NOT DEAD.

WHY WOULD A KILLER KILL HIS WIFE AND THEN LEAVE HIM ALIVE?

SAM'S ACCOUNT OF WHAT HAPPENED JUST DID NOT ADD UP.

WHAT'S THE TIME OF DEATH?

APPROXIMATELY 3:00 TO 4:45 A.M.

THAT'S A LONG TIME BEFORE HE CALLED.

YES, IT IS.

MAYBE THAT WAS THE MOMENT THAT EVERYTHING STARTED TO UNRAVEL.

WHEN I HEARD HOW LONG IT TOOK DR. SAM

TO CALL THE POLICE THAT NIGHT, I HAD TO WONDER

MAYBE HE WASN'T THE MAN WE ALL THOUGHT HE WAS.

YOU'D THINK THAT A MAN

WHOSE WIFE HAS BEEN BLUDGEONED TO DEATH

IN THE MIDDLE OF THE NIGHT,

AND THEN BEEN ATTACKED HIMSELF, WOULD BE A LITTLE CONFUSED.

WHAT'S THE TIME OF DEATH?

SOMETIME BETWEEN 3:00 TO 4:45 A.M.

AND DR. SAM SEEMED OUT OF IT, ALL RIGHT.

THAT'S A LONG TIME BEFORE HE CALLED.

YES, IT IS.

BUT THERE WAS SOMETHING ABOUT HIS STORY

THAT JUST DIDN'T SMELL RIGHT TO THE POLICE.

THANKS, DOCTOR.

SO, IT SEEMS WE HAVE A LITTLE NEW INFORMATION, DOCTOR.

YOUR WIFE DIED BETWEEN 3:00 AND SOMETIME AFTER 4:00 A.M.

BUT YOU DIDN'T CALL FOR HELP UNTIL 5:40 IN THE MORNING.

YOU WERE ALONE IN THE HOUSE

FOR OVER AN HOUR WITH YOUR DECEASED WIFE.

WHAT WERE YOU DOING THAT WHOLE TIME?

I WAS TRYING TO GET MY BEARINGS.

I DIDN'T KNOW IF I WAS IN A NIGHTMARE

OR IF I'D SOON AWAKE.

HOW WAS YOUR MARRIAGE?

GENTLEMEN, MY MARRIAGE WAS PERFECTLY FINE.

ANY FIGHTS LATELY?

YOU'VE BEEN MARRIED FOR A FEW YEARS, CORRECT?

THAT CAN WEAR ON A MAN.

I DON'T HAVE TIME FOR THIS LINE OF INQUIRY.

IF YOU THINK I WAS CAPABLE OF DOING THAT TO MY WIFE

WHILE MY SON WAS IN THE ROOM NEXT DOOR,

HOW DARE YOU COME IN HERE AND ACCUSE ME.

THEY THINK THIS IS A SIGN OF GUILT.

I AM NOT IN ANY FORM TO HAVE THIS DISCUSSION!

GENTLEMEN, I'M GONNA NEED MY BROTHER BACK... NOW.

THE POLICE ARE UPSET THAT THEIR INTERVIEW IS BEING CUT SHORT.

THEY WOULD'VE LIKED MORE TIME TO TALK TO SAM SHEPPARD

AND TRY TO BREAK HIM DOWN AND GET THE CONFESSION

THAT THEY BELIEVE HE WAS HOLDING INSIDE.

WE LOOK FORWARD TO FINDING YOUR WIFE'S KILLER REAL SOON.

I BET THEY DID.

BUT IF THE DETECTIVE'S THEORY WAS CORRECT,

SAM SHOULD'VE BEEN COVERED IN SCRAPES AND GASHES,

YOU KNOW, DEFENSIVE WOUNDS.

BUT WHEN THE REPORT CAME BACK...

THERE'S NO SIGNS OF ANY KIND OF SCRATCHING ON SAM SHEPPARD.

HE CLEARLY HAD A CONCUSSION.

HE WAS SENSITIVE TO LIGHT.

THE SPINAL CORD HAS SOME COMPRESSION INJURIES

CAUSED BY SOME BLOW TO THE BACK OF THE NECK.

IT SEEMS VERY UNLIKELY THAT SAM OR MARILYN SHEPPARD

COULD'VE INFLICTED THESE WOUNDS ON HIMSELF.

BUT EVERYONE HAS THEIR LITTLE SECRETS.

MAYBE SAM WAS JUST BETTER AT HIDING THEM.

HE'S A DOCTOR, RIGHT?

HE PROBABLY KNOWS HOW TO FAKE A CONCUSSION.

AND WHEN YOU'RE TRYING TO DISCOVER WHAT SECRETS

HAVE BEEN SWEPT UNDER THE RUG,

IT'S A GOOD IDEA TO CHECK WITH THE PEOPLE WHO CLEAN THEM.

THE POLICE ACCESSED THE HOUSEHOLD CHECKBOOK

AND SEE WHO THEY PAID CHECKS TO.

DID YOU EVER SEE THEM FIGHT?

NO MORE THAN ANY OTHER MARRIED FOLK.

ARE YOU SURE MRS. SHEPPARD

NEVER COMPLAINED ABOUT SAM?

THEY INTERVIEWED THE BABYSITTER,

THEY INTERVIEWED A WINDOW WASHER,

AND THEY INTERVIEWED A HOUSEKEEPER.

DID YOU EVER HEAR DR. SHEPPARD

RAISE HIS VOICE TO MRS. SHEPPARD?

HE WAS NEVER AROUND WHEN I WAS DOING MY WORK.

THEY HAD ACCESS TO THE HOUSE,

BUT NONE OF THEM TURNED UP ANY LEADS.

IN A MURDER INVESTIGATION, AS IN LIFE,

JUST BECAUSE THE ANSWERS AREN'T COMING EASILY

DOESN'T MEAN THEY AREN'T OUT THERE TO BE FOUND.

SO, THAT'S WHAT THE DETECTIVES DID --

THEY WENT LOOKING.

A MAN TELLS THE DETECTIVES

AT 2:30, HE SAW A TALL, BUSHY-HAIRED MAN

WITH A LIGHT SHIRT OUTSIDE THE SHEPPARD HOUSE.

WHAT TIME DID YOU SAY IT WAS?

IT WAS 4:30 IN THE MORNING, I'M SURE OF THAT.

I SAW A MAN, SEEMED VERY TALL,

ESPECIALLY WITH ALL THAT HAIR STICKING UP.

SHE CLAIMED SEEING A PERSON

NEAR THE SHEPPARD HOME WITH BUSHY HAIR.

THAT MATCHED SAM'S DESCRIPTION OF THE INTRUDER.

AND THAT TIME TABLE FITS

BECAUSE THE TIME OF DEATH IS ABOUT 4:30 IN THE MORNING.

THEY COMBED EVERY INCH OF OUR NEIGHBORHOOD,

RIGHT DOWN TO THE LAKE.

IT WAS A GOOD THING, TOO.

THE POLICE SEE, DISTINCTLY, TWO SETS OF FOOTPRINTS.

IT'S ROUGHLY IN THE AREA WHERE SAM DESCRIBED HIS STRUGGLE.

THIS IS SIGNIFICANT.

THEY ALSO FIND A GREEN BAG.

IN THE BAG, THEY FIND THE WATCH OF DR. SHEPPARD

AND A KEY CHAIN AND SOME OTHER ITEMS FROM THE HOUSE.

COULD THIS BE SOMETHING THAT WAS THROWN BY THE KILLER

AS SAM PURSUED HIM DOWN TO THE BEACH?

A STRANGER LURKING IN THE DARK,

TWO SETS OF FOOTPRINTS ON THE BEACH,

DISCARDED VALUABLES BELONGING TO SAM --

THE CLUES WERE REALLY STARTING TO STACK UP

IN FAVOR OF DR. SAM'S STORY.

SOMEBODY NEEDS TO START EATING SOME HOT DOGS.

THEY'RE GETTING BURNED.

NO, NO, NO.

I THINK YOU'VE HAD ENOUGH OVER THERE.

I THINK I NEED ANOTHER BEER.

NO. NO.

BUT WHEN YOU THINK ABOUT IT,

THAT'S THE STORY THAT SHOULD MAKE SENSE, RIGHT?

WE HAD NO REASON TO SUSPECT OTHERWISE.

SAM AND MARILYN ALWAYS SEEMED SO IN LOVE.

THE WAY THEY LOOKED AT EACH OTHER WAS THE STUFF OF MOVIES.

IT COULDN'T HAVE BEEN JUST FOR SHOW, RIGHT?

BUT IF ANY PART OF IT WAS AN ACT,

WE ALL KNOW NANCY AHERN WOULD KNOW.

IT WASN'T JUST BECAUSE THE AHERNS HAD SEEN MARILYN

THE NIGHT SHE DIED.

NANCY AND MARILYN WERE INSEPARABLE.

OUR CONDOLENCES, MA'AM.

DO YOU KNOW ANYBODY WHO MIGHT WANT TO HURT MRS. SHEPPARD?

NO.

SHE WAS YOUR BEST FRIEND, RIGHT?

HOW WERE THINGS IN THEIR MARRIAGE?

WELL... THEY DID FIGHT.

ABOUT WHAT?

WELL... SAM WAS CAUGHT HAVING SOME...

INDISCRETIONS WITH THE NURSES.

MARILYN FOUND OUT.

WHEN SHE CONFRONTED HIM ABOUT IT,

HE WOULD ABSOLUTELY BLOW UP AT HER.

THIS WAS A BIG BOMB-SHELL.

WHEN THE POLICE INTERVIEWED SAM,

SAM SAID THERE'S NO TROUBLE IN THE MARRIAGE.

AND IF HE'S LYING ABOUT THE AFFAIRS,

THEN WHAT ELSE IS HE LYING ABOUT?

SAM HAD A NUMBER OF AFFAIRS.

SO, THERE WASN'T JUST ONE INDISCRETION?

IT HAD BEEN GOING ON FOR YEARS.

SAM EVEN TOLD MARILYN THAT HE WANTED A DIVORCE.

THAT WAS A BIG DEAL FOR US BACK THEN.

DIVORCE DIDN'T JUST MEAN YOUR MARRIAGE WAS OVER,

YOUR WHOLE LIFE WAS.

AT LEAST, THAT'S HOW PEOPLE THOUGHT ABOUT IT.

IN 1954, DIVORCE WAS A BLACK MARK

ON A FAMILY AS PROMINENT AS THE SHEPPARD FAMILY.

SHE TELLS THE POLICE NOT ONLY THAT SAM WANTED A DIVORCE,

BUT THE FAMILY TALKED HIM OUT OF IT.

NOW THEY HAVE A MOTIVE.

SAM WANTED TO GET HER OUT OF THE PICTURE

SO HE CAN HAVE THE LIFE THAT HE WANTS TO LEAD

WITHOUT ACTUALLY HAVING TO GET A DIVORCE.

SO, AT THIS POINT,

THE POLICE HAVE A CRIME SCENE THAT LOOKS STAGED,

THEY HAVE A MOTIVE FOR SAM TO GET RID OF MARILYN.

AND THIS STORY ABOUT AN INTRUDER

WITH BUSHY HAIR WHO DIDN'T KILL HIM.

LOOK, THERE'S ONLY ONE WAY THIS MAKES SENSE.

SHEPPARD WAS THE ONLY ONE WE KNOW FOR CERTAIN

WHO WAS IN THE HOUSE THAT NIGHT,

AND WE KNOW HE WANTED OUT OF HIS MARRIAGE.

THAT'S IT? THAT'S ALL YOU HAVE?

YOU BUY HIS "BUSHY-HAIRED BIPED FORM" STORY?

NOT A MATTER OF WHAT I BUY.

THIS IS A WELL-RESPECTED MAN IN OUR COMMUNITY.

I'M NOT ABOUT TO DROP A MURDER CHARGE ON HIM

WITHOUT SOME REAL EVIDENCE.

WHAT EVIDENCE DO YOU HAVE?

WHAT DO YOU HAVE? TELL ME, ANYTHING.

THIS CONVERSATION'S OVER.

YOU'D THINK IN A CASE LIKE THIS ONE,

WITH SO MANY INCONSISTENCIES AND SO FEW FACTS,

YOU'D WANT TO BE CAREFUL

ABOUT HOW YOU THROW AROUND INFORMATION, RIGHT?

BUT WHEN YOU'RE TRYING TO PROVE A POINT,

SOMETIMES YOU'VE GOT TO NUDGE THINGS IN THE RIGHT DIRECTION.

PRESS ROOM.

I have some information about Sam Sheppard.

RIGHT, RIGHT, RIGHT.

SOMEONE FROM THE POLICE DEPARTMENT

LEAKS THE INFORMATION TO THE PRESS.

OKAY.

NO KIDDING.

OKAY, AND WHO -- WHO SAYS THAT?

SOME OF THE POLICE USE THE PRESS

TO MAKE THEIR CASE TO THE PUBLIC.

GETTING AWAY WITH MURDER.

THE CLEVELAND PRESS STARTS TO CAMPAIGN AGAINST SHEPPARD.

WORDS OF HIS AFFAIRS WERE APPEARING IN NEWSPAPERS.

THREE WEEKS AFTER THE MURDER, THE PRESS SAYS, "BRING HIM IN.

ARREST SAM SHEPPARD."

**

PUBLIC OPINION IS TURNING AGAINST SAM.

PEOPLE START TO GATHER AROUND SAM'S PARENTS' HOUSE.

WITH ALL OF THE PRESSURE MOUNTING FROM THE PRESS,

THE POLICE CHIEF GIVES IN.

SAM SHEPPARD IS INDICTED.

IT'S A MOB.

HE DRAGS SAM OUT IN HANDCUFFS.

THE CROWD HOLLERS, "MURDERER! MURDERER!"

THE TRIAL OF DR. SAM SHEPPARD,

CHARGED WITH THE MURDER OF HIS WIFE,

MARILYN SHEPPARD, BEGAN MONDAY.

THE SECOND MEMBER OF THE JURY WAS SEATED YESTERDAY.

THE TRIAL STARTED 3 OR 4 MONTHS AFTER THE MURDER.

THIS WAS A GREAT STORY.

PEOPLE WERE ADDICTED TO IT.

REPORTERS ARE COMING IN FROM ALL OVER THE COUNTRY.

THIS HAD ALL THE DRAMA.

THE JURORS WERE GETTING HOUNDED BY THE MEDIA.

THE COURTROOM IS A CIRCUS.

IN THIS DAY AND AGE,

THE PRESS WOULD NEVER BE ABLE TO GET ACCESS TO THE JURY.

PEOPLE WERE CLEARLY AGAINST HIM, THOUGHT HE WAS GUILTY.

THE PROSECUTION MAY HAVE THE PRESS

AND THE COMMUNITY ON ITS SIDE,

BUT IT STILL HAS THE OBLIGATION TO PROVE THE CASE.

LADIES AND GENTLEMEN OF THE JURY,

WE ARE HERE TODAY TO TRY THE CASE OF DR. SAM SHEPPARD,

WHO, YOU WILL SEE IN THE COURSE OF THIS TRIAL,

HAD A HUGE ARGUMENT WITH HIS WIFE, MARILYN,

OVER HIS EXTRAMARITAL AFFAIRS.

YOU EXPECT ME TO BELIEVE

THAT YOU'RE IN SURGERY UNTIL MIDNIGHT?

REALLY?!

CAN'T BELIEVE A WORD THAT COMES OUT OF YOUR MOUTH.

WERE YOU EVEN AT THE HOSPITAL?

ARE WE HAVING THIS CONVERSATION RIGHT NOW?

THE PROSECUTION PORTRAYS SAM SHEPPARD

AS A PHILANDERING HUSBAND WHO IS TIRED OF HIS MARRIAGE

AND WHO WANTS TO BE FREE OF HIS WIFE.

THEY ARE ABLE TO PRESENT TO THE JURY THAT SAM IS ANGRY,

HE'S MOTIVATED TO KILL MARILYN

SO THAT HE CAN GO AND HAVE THE LIFE THAT HE WANTS.

HE PROCEEDED TO BEAT HIS WIFE TO DEATH.

AND JURORS JUST EAT IT UP.

IT WAS VERY DISCONCERTING FOR THE DEFENSE.

YOU SURE YOU WANT UP? YES, ABSOLUTELY.

EXCUSE ME, YOUR HONOR. YES?

I'D LIKE TO CALL A WITNESS UP TO THE STAND.

MY CLIENT, DR. SAMUEL SHEPPARD.

FINALLY, WE WERE GOING TO GET THE FULL STORY

STRAIGHT FROM THE HORSE'S MOUTH.

IT IS THE MOMENT EVERYONE HAS BEEN WAITING FOR.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH,

AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?

I DO.

THE WHOLE TRIAL COMES DOWN TO WHETHER SAM SHEPPARD

CAN CONVINCE THE JURY OF HIS INNOCENCE.

DOCTOR, IN YOUR OWN WORDS,

PLEASE TELL US WHAT HAPPENED THAT NIGHT.

YES, SIR.

FIRST THING I RECALL WAS BEING AWAKENED BY THE SOUND

OF MY WIFE'S SCREAMS,

AND IN MY DROWSY STATE, I FELT STIMULATED TO GO TO HER.

ON TOP OF THE STAIRS, I COULD VISUALIZE A SILHOUETTE,

WHICH WAS DESCRIBABLE AS A LIGHT-TOPPED FORM,

A BIPED FORM.

THOSE OF US WHO KNEW SAM

WERE USED TO HIS PECULIAR WAY OF TALKING.

HE WAS A SMART MAN.

BUT THE PROSECUTOR WENT TO TOWN WITH IT.

WHAT DID YOU MEAN BY... LIGHT-TOPPED FORM?

I SAW A LIGHT GARMENT.

IT HAD THE APPEARANCE OF SOMEONE INSIDE OF IT, SHOULDERS.

WELL, DID IT HAVE A HEAD?

DR. SHEPPARD, TELL US AGAIN

WHERE YOU WERE HIT BY THIS... INTRUDER.

IT STRUCK ME FROM BEHIND.

BUT WASN'T THIS THING IN FRONT OF YOU?

I HAVE A FEELING THAT IT WAS.

SO, WAS IT POSSIBLE FOR THIS THING

TO HIT YOU FROM BEHIND?

I WOULD SAY SO.

DR. SHEPPARD WAS A HORRIBLE WITNESS.

IT WAS A DISASTER.

AFTER 18 BALLOTS, THE JURY FINALLY REACHES A VERDICT...

...AND THE VERDICT IS GUILTY.

SAM SHEPPARD IS SENTENCED TO LIFE IN PRISON.

BUT THE FAMILY DID NOT GIVE UP HOPE.

SHEPPARD'S DEFENSE TEAM APPEALS HIS CONVICTION

ON THE GROUNDS THAT HE DID NOT GET A FAIR TRIAL.

FOR YEARS, THIS APPEAL WAS REJECTED BY THE OHIO COURTS.

NOW SHEPPARD BEGINS HIS LIFE SENTENCE

AS PRISONER NUMBER 98860.

IN 1961, THE SHEPPARD FAMILY

HIRES A YOUNG BOSTON LAWYER, F. LEE BAILEY.

WE FILED WHAT IS CALLED A PETITION

FOR A WRIT OF HABEAS CORPUS,

WHICH ASKED THAT HE BE RELEASED

BECAUSE HIS CONSTITUTIONAL RIGHTS HAD BEEN VIOLATED.

F. LEE BAILEY -- RING A BELL?

THE BOSTON STRANGLER, PATTY HEARST, O.J. SIMPSON?

YEAH, BUT IT WAS THIS CASE

THAT WOULD PUT BAILEY ON THE MAP.

FRANCIS BAILEY HADN'T BEEN A LAWYER FOR MORE THAN A YEAR

BEFORE HE TOOK ON SAM'S CASE.

BUT HE STILL BROUGHT IT ALL THE WAY TO THE SUPREME COURT.

F. LEE BAILEY FOUND THAT DR. SHEPPARD

DID NOT GET A FAIR TRIAL BECAUSE THE MEDIA ATTENTION

AND PUBLICITY WAS SO OVER THE TOP.

WHEN THE JURY WAS BEING SELECTED,

THE PRESS PUBLISHED ALL OF THEIR NAMES AND ADDRESSES.

THE JURORS WERE BOMBARDED BY THE PRESS, AND THE PRESS

HAD ALREADY DECIDED THAT SAM SHEPPARD WAS GUILTY.

AND THE SUPREME COURT RULES THAT DR. SHEPPARD

DID NOT RECEIVE A FAIR TRIAL.

IT WAS A PROFOUND LANDMARK RULING,

THAT STILL HOLDS UP TODAY AS TO THE PROPER BALANCE

BETWEEN FREEDOM OF PRESS AND THE RIGHTS OF THE ACCUSED.

WHEN THE SUPREME COURT REVERSED SAM'S CONVICTION,

WE HOPED THAT WOULD BE THE END OF IT.

BUT THE STATE OF OHIO WASN'T GOING TO LET HIM OFF THE HOOK.

IN THEIR EYES, DR. SAM WAS AS GUILTY AS EVER.

SO AFTER 12 YEARS IN JAIL, SAM HAD TO FACE A SECOND TRIAL.

THE DEFENSE CALLS DR. PAUL KIRK TO THE STAND.

BUT THIS TIME...

HE HAD A SECRET WEAPON.

WHEN THE PAPERS SAID A FORENSICS EXPERT

WAS GOING TO TAKE THE STAND,

WELL, WE WEREN'T EVEN SURE WHAT THE WORD MEANT.

IN 1966, A GUY WHO STUDIED BLOOD AT A CRIME SCENE

SOUNDED MORE LIKE A SICKO THAN A SCIENTIST.

BUT BACK IN 1955, AS SOON AS THEY HEARD THAT GUILTY VERDICT,

SAM'S FAMILY KNEW THEY NEEDED AN EXPERT ON THEIR SIDE.

DR. KIRK WAS REALLY CONSIDERED AS THE FATHER

OF BLOODSTAIN-PATTERN ANALYSIS.

HE WROTE THE FIRST MAJOR BOOK ABOUT FORENSIC SCIENCE

AND HOW IT WAS TO BE APPLIED.

DR. KIRK INFORMS THE FAMILY

HIS ONLY LOYALTY IS TO THE EVIDENCE,

AND THAT SOME OF THIS EVIDENCE

MAY ACTUALLY BE HURTFUL TO SAM SHEPPARD.

DR. KIRK, CAN YOU WALK US THROUGH YOUR FINDINGS

AND WHERE YOU FOUND

SIGNIFICANT BLOOD EVIDENCE IN ANY MANNER?

YES, UM, ALL FLYING BLOOD

LEAVES A SYMMETRICAL TAIL INDICATING ITS TRAJECTORY.

**

WHEN THE WEAPON HITS A BLOODY HEAD,

THE BLOOD FLIES OUT LIKE SPOKES OF A WHEEL.

IN THIS CASE, RADIATING FROM THE VICTIM'S HEAD

WHERE SHE WAS BEATEN.

IN ADDITION, I NOTICED THAT THERE WAS A VOID,

OR AN ABSENCE OF BLOOD ON A SECTION OF THE EAST WALL,

DELINEATING WHERE THE KILLER WAS POSITIONED DURING THE ATTACK.

HE CONCLUDES A PERPETRATOR INTERCEPTS

AND BLOCKS THE BLOOD COMING FROM HER HEAD,

AND THIS PERPETRATOR WOULD BE COVERED IN BLOOD.

SAM SHEPPARD DIDN'T HAVE BLOOD ALL OVER HIM.

WERE THERE ANY OTHER SIGNIFICANT FINDINGS?

THERE WAS A SPOT OF BLOOD

WHICH LOOKED DIFFERENT THAN ALL THE OTHER SPATTER.

THIS WAS A LARGE STAIN.

A STAIN THAT SIZE CANNOT FLY THROUGH THE AIR.

IT HAD TO BE DEPOSITED IN A VERY CLOSE PROXIMITY.

AND WHAT WERE YOUR CONCLUSIONS

ABOUT THIS DISTINCT, LARGER BLOODSTAIN?

WELL, WHEN I EXAMINED MARILYN SHEPPARD'S BROKEN TEETH,

IT LED ME TO BELIEVE THAT HER TOOTH WAS BROKEN

WHEN SHE BIT THE ATTACKER,

CAUSING A DEEP INJURY TO HIS HAND,

AND THAT IT WAS HER ATTACKER

WHO THEN DEPOSITED THE BLOOD DIRECTLY ONTO THAT LARGER SPOT.

THE INVESTIGATORS THOUGHT THAT THIS TOOTH

WAS BROKEN FROM A BLOW INTO THE MOUTH,

BUT BY LOOKING AT THE FRACTURE MARKS, DR. KIRK DETERMINED THAT,

IN FACT, THIS TOOTH WAS BROKEN FROM THE INSIDE OUT.

AND THROUGH LAB TESTING,

YOU WERE ABLE TO NARROW DOWN WHOSE BLOOD THAT MIGHT'VE BEEN?

I WAS.

IT WAS NOT OF THE SAME BLOOD TYPE

AS THE VICTIM, MARILYN SHEPPARD,

OR DR. SAM SHEPPARD.

**

DR. KIRK IS REALLY EMPHATIC THAT THERE IS NO SCIENTIFIC PROOF

TO SHOW THAT DR. SHEPPARD KILLED HIS WIFE.

BUT, IN FACT, THERE WAS SCIENTIFIC EVIDENCE INDICATING

THAT ANOTHER PERSON HAD ACTUALLY PERPETRATED THE CRIME.

MR. FOREMAN, HAVE YOU REACHED A VERDICT?

IN THE CASE OF THE STATE OF OHIO VERSUS SAM SHEPPARD,

THE JURY FINDS THE DEFENDANT, SAM SHEPPARD,

NOT GUILTY OF ALL CHARGES.

BUT, IF IT'S NOT SAM, WHO KILLED MARILYN SHEPPARD?

YOU KNOW THE SAYING.

SOONER OR LATER, THE TRUTH WILL COME OUT.

**

WHEN YOU'RE LIVING IT,

35 YEARS FEELS LIKE A LONG TIME.

BUT WHEN AN OLD FRIEND CALLED ONE DAY IN 1989

TO SAY THERE'D BEEN A BREAK IN THE SHEPPARD CASE,

THAT FOURTH OF JULY MORNING

CAME FLOODING BACK TO ME LIKE IT WAS YESTERDAY.

IN 1989, A GUY BY THE NAME OF RICHARD EBERLING

IS CONVICTED OF MURDERING AN ELDERLY WOMAN.

RICHARD EBERLING.

BOY, THAT TAKES ME BACK.

HE WAS ONE OF THOSE GUYS

WHO DID ODD JOBS AROUND THE NEIGHBORHOOD,

A HANDYMAN OF SORTS.

I THINK THE SHEPPARDS HAD HIM WASH THEIR WINDOWS.

SO, YOU NEVER SAW ANYTHING

THAT MIGHT INDICATE TROUBLE IN THE HOUSEHOLD?

NO.

TURNS OUT, THE DETECTIVES HAD TALKED TO EBERLING BACK IN 1954

WHEN THEY QUESTIONED THE SHEPPARDS' HOUSEHOLD HELP.

HE ACTUALLY WAS THE WINDOW WASHER

AT THE SHEPPARD HOME AROUND THE TIME OF THE MURDER.

THEN, 5 YEARS LATER, IN 1959,

AFTER MARILYN WAS DEAD AND BURIED AND SAM WAS IN JAIL,

THAT SAME RICHARD EBERLING WAS ARRESTED FOR BURGLARY.

APPARENTLY, HE WAS ONE OF THOSE CAREER PETTY THIEVES,

AND HE'D FINALLY BEEN CAUGHT.

YOU NEEDED THE MONEY, MR. EBERLING?

YEAH, I SOLD MOST OF THE GEMS, BUT NOT MARILYN SHEPPARD'S.

I STILL HAVE TWO OF HERS.

I-I FOUND THEM IN HER SISTER'S HOUSE.

HE VOLUNTEERED THAT HE STOLE TWO OF MARILYN SHEPPARD'S RINGS

AFTER HER DEATH.

THE DETECTIVES ASKED HIM

ABOUT HIS RELATIONSHIP WITH MARILYN.

MARILYN WAS...

HELLO, MR. EBERLING.

...ALWAYS IMMACULATE.

SHE HAD THAT MOVIE-STAR LOOK --

TIGHT SHORTS, LITTLE BLOUSE,

BIT REVEALING, BUT ALWAYS -- ALWAYS CLASSY.

HE DESCRIBED HER AS SORT OF A VIRGIN TRAMP.

SHE WAS SO CLASSY AND SUCH A LADY,

AND THEN, IN THE NEXT BREATH, HE'D TALK ABOUT HOW TIGHT

HER WHITE SHORTS WERE ON HER BUTT.

THE POLICE THOUGHT THAT,

"MAYBE WE'RE ON TO SOMEBODY NEW HERE

WHO COULD BE THE MURDERER."

IT'S GUT FEELING. THAT'S HOW THEY OPERATED BACK THEN.

WHEN YOU'VE GOT A FEELING

THERE'S SOMETHING LURKING BENEATH THE SURFACE,

WHY NOT THROW IN A LITTLE BAIT, SEE WHAT BITES?

YOUR BLOOD WAS FOUND AT THE SHEPPARDS' HOME.

CAN YOU HELP ME UNDERSTAND WHY IT MIGHT BE THERE?

I WAS OVER THERE, CHANGING A WINDOW SCREEN.

HANDLED IT WRONG, IT SLIPPED, AND "KWCK!" CUT MY HAND OPEN.

RICHARD EBERLING IS ABOUT 6 FEET TALL, ABOUT 180 POUNDS.

THE DESCRIPTION OF THE SHEPPARD SUSPECT BACK IN 1954

WAS A TALL MAN WITH BUSHY HAIR.

HE FIT THE DESCRIPTION, EXCEPT HE WAS PREMATURELY BALD.

BUT HE WAS SAID TO WEAR A TOUPEE.

SO, THE BUSHY-HAIRED MAN

REALLY IS SOMEBODY WHO RESEMBLES RICHARD EBERLING.

BUT THIS ALL HAPPENED IN 1959,

AND SAM SHEPPARD HAD BEEN FOUND GUILTY,

SO EVEN THOUGH THE LOCAL POLICE WANTED TO PURSUE EBERLING,

THE POWERS THAT BE WANTED NOTHING TO DO WITH IT.

FINALLY, IN 1989,

AFTER EBERLING WAS CONVICTED OF A MURDER,

THERE WAS THEN AN EFFORT TO REEXAMINE THE SHEPPARD CASE.

THE DNA TESTING OF THE SO-CALLED UNIQUE BLOOD SPOT

EXCLUDES 98% OF THE POPULATION.

ONLY 2% COULD'VE CONTRIBUTED THAT BLOOD.

RICHARD EBERLING IS AMONG THOSE 2%.

BUT BY THE TIME THIS ALL CAME TO LIGHT,

SAM SHEPPARD HAD BEEN DEAD FOR ALMOST 20 YEARS.

AND THE AUTHORITIES DIDN'T WANT TO HEAR ONE WORD ABOUT IT.

THEY SAID THE EVIDENCE WAS PROBABLY CONTAMINATED

AND THEREFORE INCONCLUSIVE.

WHAT GOOD WOULD IT DO, ANYWAY?

NO CHARGES ARE BROUGHT AGAINST RICHARD EBERLING.

HE DIES IN PRISON IN 1998...

AND THAT'S THE END OF IT.

I INTERVIEWED RICHARD EBERLING SEVERAL TIMES.

IN MY OPINION, HE KILLED MARILYN SHEPPARD.

RICHARD EBERLING, OBSESSED WITH THE SHEPPARDS,

COMES TO THE HOUSE THAT NIGHT.

DOOR'S UNLOCKED.

NOBODY LOCKED THEIR DOORS IN BAY VILLAGE.

EBERLING IS ON THE HUNT FOR SOME RINGS,

SOME INTENSELY PERSONAL ITEMS.

HE'S PUTTING THEM IN A GREEN BAG.

HE GOES UPSTAIRS AND SEES MARILYN SHEPPARD.

SHE'S ALONE, SLEEPING IN THE BED.

SAM? SAM!!

SAM!!

HE'S MAD. HE HAS HIS FLASHLIGHT, HIS WEAPON,

AND HE'S STARTING TO SWING.

HE HEARS SAM COMING UP THE STAIRS, KNOCKS SAM DOWN.

SAM CHASES HIM THROUGH THE HOUSE, DOWN TO THE BEACH.

HEY!

I THINK EBERLING IS COVERED IN BLOOD,

AND HE NEEDS SAM'S T-SHIRT TO SWAP OUT FOR HIS.

HE RUNS ALONG THE SHORE OF LAKE ERIE

AND GETS AWAY WITH IT.

THIS IS ONE OF THESE CASES THAT CONTINUES TO BAFFLE,

FASCINATE, AND STIR CONTROVERSY.

SOME PEOPLE WON'T LET GO OF THE THEORY

THAT SAM SHEPPARD KILLED HIS WIFE

BECAUSE THIS STORY STILL HAS A LOT OF UNANSWERED QUESTIONS.

WE FILTER, THROUGH OUR PERSPECTIVE,

WHAT WE WANT TO BELIEVE

AND WHAT WE DON'T WANT TO BELIEVE.

AND EVEN WITH THE SCIENCE,

PEOPLE WILL NEVER COME TO AN AGREEMENT

ON WHAT HAPPENED IN THIS CASE.

YOU CAN PLAY DETECTIVE ALL YOU WANT --

DID HE DO IT, OR DIDN'T HE?

I'M NOT SURE THAT WE'LL EVER KNOW.

AFTER SAM'S RELEASE, NO ONE WAS EVER CONVICTED,

SO ALL WE'VE REALLY GOT ARE THE FACTS,

AND THE FACTS ARE THIS --

MARILYN AND SAM SHEPPARD LOOKED VERY HAPPY TOGETHER.

THEN, IN THE EARLY HOURS OF JULY 4th, 1954,

MARILYN SHEPPARD WAS BRUTALLY MURDERED IN HER BED.

THIS CASE LEAVES SO MANY DAMAGED PEOPLE IN ITS WAKE.

IT TOTALLY DESTROYED A FAMILY.

A 7-YEAR-OLD CHILD LEARNS THAT HIS MOTHER IS DEAD

AND HIS FATHER IS ACCUSED OF MURDER.

HE LIVES IN THE SHADOW OF THIS CASE,

AND HE CAN NEVER SHAKE IT.

SAM HIMSELF WAS DEAD AT 46 YEARS OLD.

THAT'S THE SUM OF IT.

SO, IF WE CAN SAY

THAT WE LEARNED ANYTHING FROM THIS TRAGEDY,

MAYBE IT'S THIS --

SOME THINGS GET LOST TO TIME OR TO HISTORY

OR TO THE MESSY, CONFUSING CIRCUMSTANCES OF LIVING.

AND THAT'S JUST HOW LIFE GOES.

SOMETIMES YOU DON'T GET TO LEARN THE ANSWER

BEFORE IT DISAPPEARS.

* KEEP YOUR LOVE LIGHT SHINING *

* IN THOSE EYES SO BLUE *

* LET ME CALL YOU SWEETHEART *

* I'M IN LOVE WITH YOU *