Tag Archives: Trial

DID DOCTOR SAM SHEPPARD REALLY KILL HIS WIFE?

In the early hours of July 4, 1954, in the quiet lakeside suburb of Bay Village, Ohio, a 31-year-old pregnant woman named Marilyn Sheppard was beaten to death in her bed while her seven-year-old son slept down the hall. Her husband, Doctor Sam Sheppard, was present and claimed he was knocked unconscious by a mysterious, unknown intruder who ransacked the house.

Within weeks, Sam Sheppard went from respected osteopathic surgeon to murder suspect, then to convicted killer before the U.S. Supreme Court blew his case wide open and turned it into a landmark ruling on fair trials and media influence. The crime inspired The Fugitive, shaped American law, and still sits there seven decades later asking the same simple question. Did Doctor Sam Sheppard really kill his wife?

That’s the heart of this piece. I’m not here to re-enact a TV drama. I’ll walk you through the facts, the forensics, the investigation, and the trials as cleanly as I can, then give you my best assessment as a former cop and coroner who’s spent a career examining gruesome death scenes and living through complex case files.

Here, we’re not working with the criminal standard of “beyond all reasonable doubt.” We’re looking at something more practical. On the balance of probabilities, and in light of reasonable doubt, what do the Sam Sheppard facts really say?

This case matters for three reasons. First, the brutality and mystery of Marilyn’s death have never been fully resolved. Second, the legal fallout—from a media circus trial in 1954 to the Supreme Court’s 1966 decision in Sheppard v. Maxwell—changed how courts think about prejudicial publicity and fair trials. And third, in the 1990s and 2000s, DNA testing and a very plausible alternate suspect added new layers that force us to rethink what we thought we ought to know.

Let’s start with what we can say for sure.

A Murder in Bay Village

Sam and Marilyn Sheppard lived in a comfortable home on Lake Road, right on the south shore of Lake Erie. Sam worked at his family’s Bay View Hospital. They were young, outwardly successful, and, by most accounts, looked like the picture of a solid mid-century professional couple. Marilyn was four months pregnant with their second child when she died.

On the evening of July 3, 1954, the Sheppards had friends over—the Houks who were their neighbors. They watched a movie, chatted, and eventually Sam stretched out on the daybed downstairs, saying he was tired. The guests left. Marilyn went upstairs. Sometime after midnight, that house turned into a bloody crime scene.

According to Sam, he woke up around the early morning hours to his wife calling his name. He ran upstairs, saw a “form” or “bushy-haired” figure near the bed, and struggled with the intruder before being knocked out. When he came to, Marilyn was beyond help. He followed noises down toward the lakeshore, fought the intruder again, and blacked out a second time.

At about 5:40 a.m., the first call wasn’t to police. It was to their neighbour and local mayor, Spencer Houk, asking for help. When Houk and his wife arrived, they found Marilyn dead in the bedroom. Police arrived, followed by the county authorities. The scene they walked into would become one of the most picked-apart crime scenes in American history.

The Scene, the Body, and the Injuries

We don’t need gore to understand this case. We just need the essentials.

Marilyn had been beaten many times about the head while in bed. Blood was heavy in the bedroom, on the walls, bedding, and on surrounding surfaces. The weapon was never found, but the injuries were consistent with a blunt instrument. This wasn’t a single blow in a quick struggle. It was a sustained, focused, and vicious assault.

The house showed other signs of disturbance. Some drawers appeared rifled. A wristwatch, a keychain, and a fraternity ring were initially “missing,” then later discovered outside in a bag near the house. That raises the classic question every investigator asks. Real ransack, or staging?

Then we come to Sam.

He had visible injuries—a neck problem, some damage consistent with a concussion, and weakness in one arm documented by a neurosurgeon. Were they consistent with being attacked and knocked unconscious? Possibly. Were they also within the range of what could be self-inflicted or exaggerated? Also possibly. That ambiguity has followed this case around for 70 years.

One more piece. Early blood work looked at types, patterns, and locations but pre-dated DNA. Forensic scientist Dr. Paul Kirk later argued that bloodstain patterns suggested the killer was likely left-handed, while Sam was right-handed. Kirk’s conclusions have been debated, and we have to remember the limitations of early blood spatter analysis. But it’s one more pebble on the scale.

If you handed me this scene today, the questions I’d write on page one would be simple:

  • Does the physical evidence support an inside job, an outside intruder, or leave both open?
  • Are Sam’s injuries proportionate to what he describes?
  • Do the ransacked areas and “missing” items make sense for a real burglar—or for theatrical effect?

The answers aren’t as simple as either side would like.

The Investigation and the Media Circus

The Bay Village police and then Cuyahoga County authorities quickly zeroed in on Sam. On one level, that’s not surprising. In most domestic homicides, the partner is the first and often the most likely suspect. That’s not prejudice. It’s pattern.

But something else was happening here. The Cleveland media went to war.

The Cleveland Press, and particularly its editor Louis Seltzer, hammered the Sheppard story on the front page. Headlines and editorials openly demanded Sam’s arrest and suggested that his prominent medical family was shielding him. One notorious front page effectively shouted, “Why Isn’t Sam Sheppard in Jail?”

A public coroner’s inquest, held in a high school gym with reporters packed around, turned what should have been a clinical inquiry into a spectacle. When the case went to trial later that year, the courtroom and surrounding atmosphere were so saturated with publicity that the U.S. Supreme Court, years later, would call it “massive, pervasive, and prejudicial.”

Sam was interrogated, hounded by reporters, and portrayed as a philanderer who wanted his wife out of the way. Some of that was based on truth—he was having an affair—but the way it was handled blurred the line between a criminal investigation and public theatre.

From an investigative standpoint, the problems are familiar:

  • Potential contamination of the scene as people came and went.
  • Early fixation on Sam to the exclusion of other lines of inquiry.
  • Pre-trial publicity that made it almost impossible to seat a truly neutral jury.

None of that proves guilt or innocence. But it does cast a long shadow over the reliability of what followed.

Motive: The Affair and the Marriage

Behind the respectable surface, Sam’s life wasn’t tidy.

He was having an affair with a lab technician named Susan Hayes, something he eventually admitted. The prosecution leaned heavily on this. Here was their motive—a cheating husband, a pregnant wife, a trapped doctor wanting out.

From a human-behavior standpoint, it’s not a ridiculous theory. Affairs do sometimes escalate into lethal domestic violence. But an affair is not proof of murder. It’s a risk factor, not a verdict.

What about the marriage itself? Some neighbors said the Sheppards seemed to be getting along normally the evening before the murder. Other testimony suggested underlying tensions. That’s not unusual either. Most troubled marriages don’t advertise their problems at dinner parties.

The state’s narrative went like this. Sam, cornered by his double life, snapped—or perhaps planned it—and killed Marilyn in a fit of rage or desperation. Then he staged a phony burglary, injured himself just enough to look like a victim, and called his neighbor instead of the police to buy time.

It’s a coherent story. The question is whether it’s the only coherent story, and whether the evidence actually supports it.

The First Trial: “Trial by Newspaper”

Sam Sheppard was tried for his wife’s murder in the fall of 1954. He was charged with first-degree murder but ultimately convicted of second-degree and sentenced to life in prison.

Looking back, the trial reads like a checklist of what not to do if you care about due process. Reporters roamed freely. The jurors weren’t properly shielded from daily headlines attacking the accused. The judge allowed a media circus to unfold in and around the courtroom.

In 1966, the U.S. Supreme Court, in Sheppard v. Maxwell, overturned that conviction, finding that the “massive, pervasive, and prejudicial publicity” and the judge’s failure to control it had denied Sam a fair trial under the Fourteenth Amendment.

This is where the Sheppard case steps out of the true-crime file and into legal history. It became a leading precedent on how far courts must go to protect a defendant from a hostile media environment. It’s still cited in discussions about cameras in courtrooms and high-profile trials today. (Can you say OJ Simpson?)

But again, there’s a key distinction. A bad trial doesn’t automatically mean a wrong verdict. It just means we can’t trust the process that produced it.

The Retrial: Bailey, Blood, and “Not Guilty”

After years of appeals and legal grinding, Sam’s conviction was vacated and he was granted a retrial. In 1966, now represented by the formidable F. Lee Bailey, he was tried again in a more controlled environment with a sequestered jury.

Bailey went hard at the weaknesses in the state’s case. He stressed the lack of direct physical evidence linking Sam to the fatal blows, highlighted the possibility of an intruder, and hammered the original investigation’s tunnel vision and media-driven conduct. He also leveraged forensic opinions, including Dr. Paul Kirk’s bloodstain analysis, to argue that the attacker’s handedness and movement patterns didn’t match Sam.

On November 16, 1966, the jury returned a verdict. Not guilty. Sam walked out a free man.

Again, that doesn’t establish innocence. It tells us the state couldn’t prove guilt beyond a reasonable doubt when the playing field was closer to level. That’s important,  but it’s not the end of the story.

The Window Washer: A Shadow in the Background

If this case were a novel, the next character would feel almost too on-the-nose.

At the time of Marilyn’s murder, a 25-year-old man named Richard Eberling ran a small business called “Dick’s Window Cleaning.” The Sheppard house was one of his clients. He knew the layout. He had access. He’d been inside.

Years later, police discovered that Marilyn’s rings were in Eberling’s possession. He said he’d stolen them in a separate burglary of the Sheppard home after the murder. That’s not the sort of coincidence an investigator ignores.

Eberling admitted that he’d bled in the Sheppard house while working there, which could explain the presence of his blood if found. But there’s more. Decades after the Sheppard case, he was convicted of the aggravated murder of an elderly woman, Ethel Durkin, for whom he worked as caretaker. Other deaths in her family circle also raised suspicion.

During a civil trial in 2000 and in related investigations, witnesses testified that Eberling had, at times, hinted or outright claimed involvement in Marilyn’s death. Those alleged confessions are hearsay from a legal standpoint, but they add weight to the “alternate suspect” file.

Does that mean Richard Eberling did it? No. Does it mean there was at least one viable, under-explored suspect with motive, opportunity, and a track record of violence? Yes.

As an investigator, you never like seeing that in the rear-view mirror.

DNA, Third-Party Blood, and the 2000 Civil Case

In the 1990s, Sam and Marilyn’s only child, Sam Reese Sheppard, pushed to use modern forensics to re-examine the case. In 1997, Sam Sheppard’s body was exhumed (he’d died in 1970 of natural causes), and DNA profiles were developed for comparison against preserved blood evidence from the crime scene.

Tests on selected stains suggested the presence of a third party’s blood—neither Marilyn’s nor Sam’s—at key locations in the bedroom and house. Some analysts and news outlets took this as strong support for the intruder theory; others were more cautious, pointing to degradation, limited samples, and interpretive uncertainty.

Blood on Sam’s trousers was reported in one set of tests to be not his own, which again raises questions about how events unfolded that night. But as with most cold cases, we’re dealing with aging evidence and contaminated lab work layered over different eras, each with their own strengths and weaknesses.

In 2000, Sam Reese sued the state of Ohio, seeking a declaration that his father had been wrongfully imprisoned and compensation for those ten years behind bars. The civil standard is lower than criminal—balance of probabilities rather than beyond reasonable doubt. After an eight-week trial reviewing the old and new evidence, the jury still found against the Sheppard estate. They were not persuaded, on balance, that Sam was more likely innocent than guilty.

That verdict doesn’t erase the doubts. It does tell us that, even with DNA and a fully developed Eberling narrative, a panel of modern jurors remained unconvinced.

So—Did Doctor Sam Sheppard Really Kill His Wife?

Let’s step back from the legal back-and-forth and look at this like any serious cold case.

What weighs against Sam?

He was the husband, present in the house, with a known affair in the background, and likely marital tension. We have a delay between the probable time of death and the call for help. We have missing items later found just outside, which smells of staging. We have a questionable story about a “bushy-haired intruder” that never produced a solid, named suspect at the time.

We also have the statistical reality that in a case like this, the spouse is often the offender. If you gave this file to a private investigator who knew nothing about the Supreme Court decision, the media mana, or the DNA inconclusivity, they’d start from a simple place. The obvious suspect is the husband. “Prove me wrong.”

What weighs in Sam’s favour—or at least creates serious doubt?

For all the reasonable and probable suspicion, there’s no single piece of physical evidence that definitively places the murder weapon, which was never found, in Sam’s hands. His injuries, documented by a neurosurgeon, are more than a scratch or two. The brutality of the killing, the complexity of the blood patterns, and the presence of third-party blood all leave room for a genuine intruder scenario.

We have a credible alternate suspect in Richard Eberling. He knew the house, admitted to burglaries, had Marilyn’s rings, later murdered someone else under his care, and reportedly spoke about the Sheppard case in ways that made experienced investigators uneasy. That doesn’t prove Eberling killed Marilyn, but you can’t look at that and shrug it off.

We also have the fact that the original investigation and first trial were, by modern standards, badly compromised by media pressure, tunnel vision, and procedural failings. That kind of environment is fertile ground for missing things you shouldn’t miss.

My Verdict: Not Proven, With the Scales Tipped

If you forced me, as a former homicide investigator and coroner, to answer one question—“On the balance of probabilities, not beyond a reasonable doubt—did Sam Sheppard kill Marilyn?”—here’s where I land.

I can’t say, on balance, that he probably did it. I also can’t honestly say, on the same civil standard, that he definitely did not. The evidence simply doesn’t climb high enough or slide low enough on either side of the scale. There’re too many unknowns, too much contaminated process, and too much conflicting interpretation. This isn’t a polite way of dodging the question. It’s a recognition of the limits of what we actually have.

If I had to put a label on it, I’d use one our system doesn’t formally recognize but probably should. “Not proven.”

Would I sign my name to a charge approval today, based on what is left of the evidence? No, I wouldn’t.

Would I sign my name to a public statement that Sam Sheppard was, on balance, an innocent man outrageously framed? No, I wouldn’t do that either.

What I will say is this:

  • The state never built a case that could withstand a fair process.
  • The alternate-suspect and third-party-blood evidence create real, not imaginary, doubt.
  • The fairest conclusion is that we do not know who killed Marilyn Sheppard—and we probably never will.
  • Therefore, at a legal standard, Sam Sheppard shouldn’t be convicted.

Why This Old Case Still Matters

So why spend this much time on a 1954 murder in an Ohio bedroom?

Because the Sheppard case sits at the crossroads of reality, truth, and clarity.

Reality is what actually happened in that house on Lake Road in the dark hours of July 4, 1954. A pregnant woman was beaten to death while her son slept nearby. That reality is fixed. It doesn’t change.

Truth is our attempt to describe that reality. Who was where, who did what, why it happened. In this case, truth is fogged by media hysteria, human bias, limited forensics, and the decay of evidence and memory over time.

Clarity is our willingness to see those limits plainly. To admit what we know, what we don’t, and what we can’t ever recover. It’s the discipline of resisting the urge to manufacture certainty just because we don’t like living with doubt.

In a culture that loves simple villains and tidy endings, the Sheppard case reminds us that some stories remain unresolved and will always remain unresolved. That doesn’t mean we throw up our hands. It means we hold two things at once. Respect for the victim and her family, and humility about our own need for answers.

If there’s a takeaway here, it’s this.

When reality is murky and the evidence is split, the honest answer isn’t to shout louder. It’s to admit the uncertainty and live with it.

Marilyn Sheppard deserves the truth. So does her son, so did her husband, and so does every person who stands in a courtroom while the world watches. Sometimes, despite our best efforts, that truth stays just out of reach.

Our job—yours and mine—is not to pretend we can pull it closer by force. It’s to see clearly, weigh fairly, and accept the known and unknown facts.

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THE CIRCUS TRIAL OF THE EARLY 20TH CENTURY — THE HALL-MILLS MURDERS

On September 14, 1922, illicit lovers Edward Wheeler Hall and Eleanor Reinhardt Mills were murdered near New Brunswick, New Jersey. Hall, age 43, was a married Episcopalian minister. Mills, age 34 and married to a different man, was a soprano in his church choir. Three people—Hall’s legal wife and her two brothers—were charged with the crimes but acquitted. One hundred years later, few alive today have heard of the Hall-Mills murder trial but, back then, it was a media circus on par with the 1990s O.J. Simpson fiasco.

Normally, I write original material for the Dyingwords blog. Today, however, I’m going to plagiarize a bit because this description from The Yale Review says more about the sensational Hall-Mills side show than I can do justice to:

This steaming porridge of lust, murder, and scandal proved irresistible to the tabloids. As one eminent chronicler of the period outs it: “The Hall-Mills case had all the elements needed to satisfy an exacting public taste for the sensational. It was grisly, it was dramatic (the bodies being laid side to side as if to emphasize an unhallowed union), it involved wealth and respectability, it had just the right amount of sex interest–and in addition, it took place close to New York City, the great metropolitan nerve-center of the American press.”

The frenzied coverage turned the old Phillips farm, where the bodies were found, into a major tourist attraction. On weekends, the crime scene became a virtual carnival with vendors hawking popcorn, peanuts, soft drinks, and balloons to the hordes of the morbidly curious who arrived “at the rate of a thousand cars a day.” Within a few weeks, the crabapple tree, under which the bodies were lying, had been completely stripped of every branch and bit of bark by ghoulish souvenir hunters, while one enterprising individual peddled samples of the dirt surrounding the now-infamous tree for twenty-five cents a bag.

Back to the story of what happened, who probably did it, and why. Let’s start with the case facts.

The Reverend Ed Wheeler was born in Brooklyn and received his theology degree in Manhattan. He moved to New Jersey in 1909 and was tenured at the Evangelist Episcopal Church in New Brunswick. Here he met Frances Noel Stevens who was eight years his senior and filthy rich, being an heir to the Johnson & Johnson fortune. They married in 1911 and had no children.

Eleanor Mills did have children. She was married to James E. Mills who was a sexton in Hall’s church and a rather n’er-do-well. Eleanor was an attractive and vivacious lady with an exceptional voice. She was a core member of the church and became Hall’s mistress.

It was no secret in New Brunswick’s society that Mills and Hall were having an affair. In fact, they were quite open about it. Many in the congregation gossiped and disapproved—not just of a clergy-parishioner relationship but the societal misalignment. Hall’s wife and family were upper class while Mills belonged with the working poor.

On September 16, 1922 (two days after Hall and Mills disappeared) a young couple walking through an orchard happened upon the bodies. Mills and Hall were lying side-by-side on their backs with their feet facing a crabapple tree. Hall was to Mill’s left with his arm touching hers while Mill’s arm was stretched, touching his. Hall’s Panama hat covered his face while Mills’ scarf wrapped her neck. Between the two were ripped-up love letters that Mills and Hall had previously passed back and forth. Notably, Reverend Hall’s calling card was set at his feet.

Autopsies showed both had been shot with a .32 caliber handgun. Hall received one gunshot wound to the head with the bullet entering above his right ear and travelling downward, exiting the left rear of his neck. Mills had three gunshot wounds. One was in the center of her forehead two inches above the nose. A second plowed through her right cheek. A third pierced her right temple.

There were minor bruises on Hall but couldn’t be conclusively linked to a struggle. Mills, on the other hand, had her throat slit from ear to ear, practically decapitating her. Her tongue had been extracted and was missing.

The initial investigation was How Not to Process a Crime Scene 101. The police failed to secure the area and a mass of onlookers had access not only to view the bodies but in handling evidence like the love letters and the calling card. The story quickly spread and became the frenzied craze described in the Yale Review excerpt.

From the onset, Hall’s wife—Frances Stevens Hall—was the prime suspect in setting up the murders. Not committing them, though, as that suspicion fell on her two brothers, Henry Hewgill Stevens and William “Willie” Carpender Stevens. The district attorney quickly took the case before a grand jury theorizing that Frances was the jealous mastermind while Henry and Willie were the obliging gunmen.

The grand jury didn’t buy it due to a lack of evidence. They rejected an indictment and the case went dormant for four years. In the legal system, that is.

In the news system, the Hall-Mills murder case was far from forgotten. The early 1920s was a vibrant time. Americans were recovering from a war and a pandemic. They wanted a release. The media gave it to them with the birth of American-style tabloids which rejected the stiff-collar, upper-crust reporting style of the New York Times.

William Randolph Hearst began publishing British-like papers targeting sensationalism. Hearst’s New York Daily Mirror competed with the already established tabloids New York Daily News and the New York Graphic. Hearst, being the cunning entrepreneur he was, looked to one-up the competition. He found one story that had it all—love & sex, money, and murder. Throw in a philandering clergyman and he had what Americans of the Roaring Twenties wanted to read.

The NY Daily Mirror resurrected the Hall-Mills murder case in 1925. Investigating reporters dug up “new evidence” which was so publicized that the New Jersey officials couldn’t ignore it. There were a few overlooked items from the 1922 investigation that showed up on the tabloid covers.

One was that Willie Stevens owned a .32 caliber pistol. Two was that Willie Stevens’s fingerprint was on the calling card found at the dead feet of Ed Hall. Three was the “Pig Woman” who claimed to have seen the murders go down.

This time, the New Brunswick grand jury indicted the three original suspects. The trial started on November 3, 1926 in neighboring Somerset, New Jersey. And if the original crime scene was a media gong show, that held nothing compared to the trial. At least three hundred news reporters covered the 33-day debacle.

The Pig Woman was the star prosecution witness. Now, there’s a story behind this pig lady. Her name was Jane Gibson or Jane Easton or Jane Upson, depending on what she wanted for the day. Jane got her pig woman name from being a farmer who kept hogs on the property next door to the orchard where the Hall and Hills bodies were found.

The Pig Woman never surfaced in the 1922 investigation, but she miraculously appeared when the tabloid coverage began. Jane stated that on the evening of September 14, 1922, her dog began barking and indicating toward the orchard. Being curious, Jane rode her mule over to the site and witnessed the three accused Stevens siblings there with the victims. As she was leaving, she heard gunshots, then went back to see Mrs. Frances Hall weeping over her dead husband’s body.

Now credibility is an important issue in witness testimony. It doesn’t help a jury’s impression when the witness’s mother (Jane’s own mom) kept yelling from the back of the courtroom while her daughter was testifying, “She’s a liar. A liar. A liar.” Nor does it create a reassuring picture when the star witness, who’s being called a liar, testifies from a hospital bed that had to be wheeled into the packed-to-over-capacity courtroom.

The three accused, Frances Stevens Hall, Henry Stevens, and Willie Stevens, all took the stand and testified on their own behalf. Frances, the stoic, denied any motivation, means, and opportunity. Henry’s defense was “Prove it. I have nothing to hide”. Willie was a special case. He was known as “Nutty Willie” in the community and probably had high-functioning autism. Apparently, he played the prosecutor like a hooked fish.

To use the cliché “in the end”, the jury acquitted Frances, Henry, and Willie. Their dream team defense counsel turned the trial into a class war where Ed Hall stooped to be with a common cheating wife like Eleanor Mills and they deserved what they got. Here’s a quote from a Rutgers pdf paper titled The Hall-Mills Murder Case: The Most Fascinating Unsolved Murder in America:

Frances Hall was presented as a paragon, along with her two brothers. “Have they been thugs?”, her lawyer asked the jury. ”Have they criminal records? Are they thieves? No. They are refined, genteel, law-abiding people, the very highest type of character, churchgoing Christians, who up to this time enjoyed the perfect admiration and respect of their friends and neighbors.”

When the jury acquitted Frances, Henry, and Willie the media manic trial was over, but the tabloids milked it until another sensational case came about. In 1932, famed aviator Charles Lindbergh’s baby was abducted and murdered. The tabloids finally closed the Hall-Mills case.

Over the last century, there’ve been numerous books written and articles submitted that looked at the Hall-Mills murders. There’s a guy named Julius Bolyog who came out 47 years after the murders stating he was a middle-man between the Frances and Willie connection and the hired killers. I seriously question his credibility. His account doesn’t pass the smell test, but you can listen to a 9-part recording produced in 1970 documenting Bolyog’s claim.

Then there’s the exhaustive work by Gerald Tomlinson titled Fatal Tryst: Who Killed the Minister and the Choir Singer? This author somehow concludes the Ku Klux Klan did it. Whatever.

So, what do I think? What an old murder cop thinks? Someone who’s been there, done that in murders?

The first thing to mind is the body positions. This was ritualistic. Hall and Mills were placed on their backs, touching each other, facing the crabapple tree with their torn love letters between them for a reason. These murders were all about infidelity.

I don’t think they were killed at this site. Rather, they were shot elsewhere and transported to the orchard knowing full well they’d be found, and the statement made. The killers wanted their victims publicly presented and a message sent.

I say killers (plural) because I don’t believe Hall and Mills were done at the dump site. It’d take two people to load, transport, and display the bodies. Handling a limp dead body by yourself is a tough go. Believe me. I was a coroner, and I know about the challenges in handling dead bodies.

I find the gunshot wounds telling. Ed Hall was shot from above and downward. From his upper right to his lower left. Eleanor Mills was shot three times, and it seems to me the shooter had to work on her. I’d say the first shot caught her struggling and zipped through her cheek. The second was more controlled and went through her temple. The third was a finish-off through the forehead after she was face-first controlled.

Control. This crime speaks to a planned control. The killers and plotter had to find the two—Ed Hall and Eleanor Mills—together and take control so they would initially cooperate. This might have been in a vehicle as it’s had to quickly get out of a vehicle when things go deadly fast.

I speculate the killers sucked Hall and Mills into the back seat of a car. Hall was on the rear driver’s side. Mills was on the rear passenger’s side.

By sucking in, I mean blackmailing. Somehow, the killers got Hall and Mills attention to get them controlled. Blackmailing will do that.

The gunshot patterns are telling. I speculate the shooter was in the passenger front position. The other killer was behind the wheel. The shooter first pulled the trigger on Hall which explains the downward, right-to-left trajectory.

I speculate Mills immediately turned left toward Hall when he was shot, exposing the right side of her face to the gunman. The shooter turned the pistol on her and got the first bullet through her cheek as she was moving to her left. The second shot to Mills got her in the right temple which would be a natural trajectory. The third shot was a fate-de-complete in her forehead. Probably this was post mortem in the orchard because the exhibit list records one .32 casing found at the death site.

The throat slit? I speculate this was also symbolic, but I don’t speculate this was done in the car. Too hard to do and too messy—too much blood. I’d say this was done post-mortem, in the orchard after the bodies were placed. The throat-slit and de-tonguing symbolism? Something about a message not to talk, I’d guess.

Who do I speculate were the mastermind, shooter, and wheelman?

I use two homicide investigation principles I’ve known for years. One is Occam’s razor—where when presented with two opposing hypotheses, the simplest answer is usually the correct answer. The Ku Klux Klan? Or within the family?

Two is the time-tested principle that the stranger the case, the closer the answer is to home. The Ku Klux Klan or the family?

So who, in my old murder cop opinion, planned it, carried it out, and why?

Frances Stevens Hall ordered it to send a message to New Brunswick’s society. She’d had enough of her cheating husband embarrassing her with a low-class floozie. She needed to send a strong social statement to maintain her wealth and power status.

I’d say Henry pulled the trigger while Willie was behind the wheel. It’s just a guess. But I’d say Willie, with his autistic creativity, staged the dump scene.

Then, again, who am I to speculate 100 years after the fact.

THE BIG REASON WHY O.J. SIMPSON GOT OFF MURDER

They called it the trial of the century. I call it the travesty of all time. Either way you look at it, the O.J. Simpson murder case was exceptionally high profile. Millions of people around the world watched the eleven-month spectacle known as the O.J. trial. It had all the right TV elements—celebrity superstar, the Dream Team defense, allegations of corrupt cops, supposedly compromised witnesses and contaminated evidence, not to mention playing the race card from the bottom of the deck. It ended with O.J.’s acquittal when the jury nullified his indictment. Twenty-five years later, the big reason why O.J. Simpson got off murder is now black and white.

Before examining the big reason why O.J. got off, it’s necessary to look at the overall picture—the preponderance of the evidence—and examine investigation and trial components to see what went wrong. It’s the combination of prosecution errors and defense counsel tactics that turned an open-and-shut homicide case into a three-ring media circus. Ultimately, this shameful chain of events caused jurors to reject convicting an absolutely 100% guilty man.

How I got onto this subject was recently reading (or trying to read) Outrage by Vincent Bugliosi. The 1996 book is subtitled The Five Reasons Why O.J. Simpson Got Away With Murder. You might recall who Vincent Bugliosi is. He’s the power-prosecutor who put away the Charles Manson Family and wrote the book Helter Skelter.

Vincent Bugliosi had no part in the O.J. prosecution. He was commissioned to write a critical book. As a lawyer who prosecuted over a hundred murders in his career, and losing only one, Bugliosi earned the right to critique the O.J. trial. That he did with ferocity in Outrage.

I find Bugliosi’s writing style hard to read. He’s verbose and rambling, bombastic and sarcastic, not to mention arrogant and conceited. Give me a good Bob Woodward book any day, but I did make it through Outrage. I also went down a spiraling research tunnel that started with internet rabbit-holing, and I found more people with equally-great accreditations who had one more point to offer than Bugliosi’s five reasons why O.J. got off the murder charges.

I agree with all five of Vincent Bugliosi’s reasons. Just because I don’t particularly care for his script doesn’t mean he’s wrong on any point. I just think he missed another major point that led to the indictment’s nullification—and he failed to summarize his five points into the one big reason why O.J. Simpson got off murder. Before I list Bugliosi’s five criticisms, the 6th point, and the overall #1 reason, let’s do a quick review of the case history.

The O.J. Simpson Case History

Orenthal James Simpson was a black National Football League superstar. He was also a movie star and product endorser for a major orange juice producer. Over the years, O.J. got the nickname “The Juice”.

O.J. married Nicole Brown, a white woman, in 1985. They were wealthy, had two children, and had a host of celebrity friends. They also had extreme marital challenges—many fights that ended in violence.

Looking back, Nicole Brown-Simpson was the classic victim of battered woman syndrome. The murder investigation identified sixty-two documented incidents where the Simpsons fought. They resulted in his threatening her life, her seeking protection in women’s shelters, and even the police intervening and arresting O.J.

Nicole filed for divorce in February 1992. She cited irreconcilable differences rather than repeated assaults and mental cruelty. Despite the divorce, O.J. kept stalking Nicole. She called a women’s shelter four days before her death, reporting continual harassment from O.J. and that a set of keys for her home were missing.

On June 12, 1994, Nicole Brown-Simpson attended a dance rehearsal for her daughter in Santa Monica, California which is the Los Angeles suburb where they lived. O.J. was there as a legitimate father, and he attempted to reconcile with her. Nicole refused. She then went to dinner at a restaurant where Ron Goldman worked.

Ron Goldman and Nicole weren’t a romantic item. They were friends, and Nicole’s mother accidently left her eyeglasses at the restaurant when the dinner party left. Once Nicole got home, a phone call verified the glasses were left behind and Ron Goldman offered to drop them off at Nicole’s home when he got off work.

Nicole Brown-Simpson and Ron Goldman were found stabbed to death outside Nicole’s home. They were discovered by a neighbor at 12:10 a.m. on June 13, 1994. Autopsies indicated their times of death to be approximately 10:30 p.m. on June 12.

O.J. Simpson was an immediate suspect. The LAPD followed a trail of blood from Nicole’s home to O.J.’s estate—a five-minute drive away. O.J. was already gone. He’d taken a red-eye to Chicago and was in a hotel room when LAPD detectives phoned him to give him the notice that his ex-wife was dead.

O.J. Simpson flew home to Los Angeles. He consented to an interview with detectives in which he denied involvement in Nicole and Ron Goldman’s deaths. He could not offer a verifiable alibi for the murder time, and he gave a weak explanation for a recent cut on his left hand.

The LAPD investigative team identified enough physical evidence to tie O.J. Simpson to the murder scene, as well as tying the victim’s blood to his personal residence. The DA filed a two-count murder indictment against Orenthal James Simpson for the criminal deaths of Nicole Brown-Simpson and Ronald Goldman.

The DA and O.J. Simpson’s lawyer worked out a surrender deal. But, instead of surrendering at the police station, O.J. Simpson pulled off the most famous slow-speed chase in the history of the world. Many millions watched on live TV as O.J. in a white Ford Bronco crawled along a LA freeway—O.J. in the back with a handgun to his head as his buddy drove slowly along with a mass of lights-flashing police cars right behind.

O.J. finally surrendered—without a violent incident. He went into custody while the police searched the Bronco. Besides O.J. leaving three letters which amounted to confessional suicide goodbyes, the police found $8,000 in cash, his US passport, a disguise with a hat and false whiskers, as well as a change of clothing and a .357 revolver. If there ever was evidence of a flight risk, this was it, and O.J. Simpson remained in custody for the next year and a half while his eleven-month farce trial played out.

I’m not going to go into the mass of evidence surfaced in the Brown-Goldman investigation and dealt with in the O.J. Simpson trial. That is far too complex for a blog post. Unfortunately, it was far too complex for the prosecution team to present, and far, far too complex for a jury to grasp—especially when the Dream Team defense did everything they could do to cloud the jurors’ vision.

In Outrage, Vincent Bugliosi identified five reasons why O.J. Simpson got away with murder. I’m convinced he’s right. However, I’m convinced there’s one more significant reason why the jury nullified Simpson’s indictment. But we’ll start with Mr. Bugliosi’s points.

1. Media Crime and Pretrial Coverage Influenced the Jury

I have no doubt whatsoever the massive live-media coverage of the slow-speed, white Bronco chase embedded itself in the nation’s psyche. Especially Los Angelers where it hit close to home as they scurried to overpasses to watch the scene pass by. You just don’t forget something as crazy as this.

I know I didn’t. I watched the performance up in Canada, and I was a murder cop with eighteen years of experience when this nut-show went down. I’d certainly heard of O.J. Simpson from his NFL fame, and I kinda got a kick outa his spoofy character in the Naked Gun movie.

I can’t imagine the impression the chase, arrest, and the wait-up to the trial took on the Los Angeles jury pool. And I can’t imagine anyone able to serve on the jury not hearing of the pre-trial events. Or having a pre-formed opinion about O.J. Simpson, his domestic situation, and the Los Angeles justice system.

2. Venue Change From Santa Monica to Downtown LA

Bugliosi is livid about this in Outrage. He has a good right to be. This was a shady, shady deal. Bugliosi pins this on a political move by the LA County Da, Gil Garcetti, who Bugliosi greases as a political hack of the lowest form.

Bugliosi may be right, or he may be wrong, about DA Garcetti’s character. But the decision to venue change from the suburban crime scene jurisdiction of Santa Monica to the urban downtown core of the City of Angeles was a fatal move. The juror gene pool racial demographics of inner LA compared to outer SM are cheese to chalk. The juror perceptions are even further apart.

O.J. Simpson and Nicole Brown-Simpson lived in upscale Santa Monica because that’s where their peers lived. O.J. was no more inner-city black than I am an Ivy League white. There’s a thing in jury common law that says a person has the right to be tried by peers in their local jurisdiction. (It might even be in the Constitution—yes, just checked.  Amendment 6 covers this for US citizens.) Putting the Simpson case into a downtown LA jury pool, rather than into a Santa Monica peer-pool—a lesser-educated and racially different peer-pool—entirely changed the social dynamics, and this seriously affected the jury panel’s psyche.

3. The Judge Lance Ito Factor

Who can forget the totally-out-of-his league O.J. Simpson trial judge by the name of Lance Ito? This guy had no more business running a major murder trial than I do performing in Carnegie Hall. Man, what a travesty of justice, and he was sitting on the bench through the entire process.

Bugliosi dismisses Lance Ito as a star-struck buffoon—someone who was unfit for Night Court (if anyone remembers the old comedy sit-com where the judge was actually the one with street smarts) or to replace Judge Judy. Good Lord, during the trial Judge Lance Ito would accept fan gifts and invite celebrities back into his chambers.

Bugliosi finds many faults in Lance Ito—justifiably found faults. But the biggest fault he finds in Ito—and a fatal fault for the trial—was Ito allowing the Dream Team defense to gut Detective Mark Fuhrman and drag his entrails through the trial muck as a racist goon who surreptitiously planted false evidence to frame The Juice. This lack of judicial ethics and irresponsible legal jurisprudence did enormous damage to the jurors’ impartial mindset.

4. Horrible Prosecutor Performance

Marcia Clark and Christopher Darden led the O.J. Simpson prosecution. Bugliosi criticizes Clark, a white woman, as being far beyond her experience and competency in handling the OJ case. He suggests that Darden, being a black man, was only there to serve as a token colored man.

I don’t want to pull the race card regarding the black and white prosecution pair as the dream team did, but I think both Marcia Clark and Chris Darden weren’t up for the job. In Bugliosi’s opinion, and mine, Clark and Darden blew it. Big time. Especially in clearly explaining the physical evidence like DNA in the bloodstains so the common juror could understand and accept the reality of how the murders happened and who caused them.

Bugliosi lists dozens of f-ups the prosecutors pulled. They didn’t establish O.J.’s motive by fully exposing the battered woman syndrome. They failed to disclose O.J.’s desperation to avoid capture during the Bronco chase. The jury never heard of the guilt-admission notes and the disguise, let alone of O.J. Simpson’s incriminating statements made to friends and the police. All around, Bugliosi paints a portrait of a weary and beaten pair of prosecutors who just wished the pain would stop.

5. The Prosecutors’ Final Submission

Bugliosi leads his reader through a maze of evidence. He sets the scene for prosecution failure from the onset, and it gets worse as the story unfolds. I kept reading, even though I wished he’d just shut up and tell the goddamn story as Stephen King so wisely advises in his tutorial to writers.

Clark and Darden played right into the race card trap the Dream Team ingeniously set for them. By ingeniously, I don’t mean it was truthfully, morally, or ethically right. It was the defense strategy right from the start, and the prosecution was blind to it.

The prosecution summary—the summation to the jury—agreed that Mark Fuhrman, the racism whipping boy, was a racist, however, that should not detract from the factual evidence showing O.J. was guilty. Jonnie Cochran, of the Dream Team, blew it out of the water by saying Fuhrman was, “A genocidal racist, a perjurer, America’s worst nightmare, and the personification of evil who single-handedly planted all of the evidence in an attempt to frame Simpson for the murders based purely on his dislike of interracial couples.”

Judge Lance Ito let ‘er slide.

——

I completely agree with Vincent Bugliosi’s five points about why O.J. Simpson got away with murder. But I think there’s one more. It’s a major point which, in the culmination of the Bugliosi Five, supports the big reason—the root cause—of why OG Simpson got off murder.

It’s not just the showmanship of the media lead-up with the slow-speed chase. It’s not just the celebrity hype. It’s not just the venue change. It’s not just the Ito factor. It’s not just poor prosecutor performance. And it’s not just the piss-poor summation.

It’s something much deeper that was at work during the O.J. Simpson murder trial.

Racism.

O.J. Simpson was ethnically black. Throughout his professional life, though, O.J. Simpson was essentially white. He worked with white people. He socialized with white people. He married a white woman. And his Dream Team was essentially white—exception being Johnnie Cochran.

O.J. Simpson’s jury was essentially black. There were nine black jurors, two white jurors, and one Hispanic juror on the panel. They were sequestered for 265 days and, if you know of the Stockholm Syndrome, you can imagine the long-term influence that confinement had on the jurors.

After eleven months of sole interaction, the O.J. Simpson jurors returned a not guilty verdict on all counts after less than four hours of deliberation. Their minds were made up, and there was little discussion. Unanimously, the O.J. Simpson jury nullified the indictment charging O.J. with murdering Nicole and Ron.

Null? Nullify? Nullified? Nullification? I’ve used variances of nullification throughout this piece. In my opinion, nullification by the jury is the big reason why O.J. Simpson got off murder.

Null is a legal term. You’ve heard of a contract being “null and void”. Nullify means rejecting the deal and putting an end to it. For jury trials, Merriman Webster dictionary says it means, “Acquitting a defendant in disregard to the judge’s instructions or contrary to the jury’s finding of fact.”

In the O.J. Simpson indictment, where he stood charged with intentionally murdering Nicole Brown-Simpson and Ron Goldman, the evidence was overwhelming that O.J. was 100% guilty. A blind half-wit would conclude that upon impartially hearing the evidence. However, the O.J. Simpson trial jurors unanimously disregarded the facts, and their duty to find the facts and decide to ignore the facts. Their impartial judgment was seriously compromised by the well-played defense race card.

There was a recent undercurrent to the O.J. jury decision, or their decision to nullify the indictment. Rodney King. You might remember the Rodney King trial from 1983 where white police officers were acquitted for beating King, a black man. King’s jury held ten whites, one Latino, and one Asian. Two years later, a reverse racial mixture acquitted or nullified the indictment of O. J. Simpson.

Nullification is an old legal concept. It’s been around for centuries and refers to cases—criminal and civil—where juries side with an accused person (or corporation) and let them off no matter how strong their wrongdoing evidence is. Here’s a definition of jury nullification from Cornell Law School:

Jury Nullification — A jury’s knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself, or because the result dictated by law is contrary to the jury’s sense of justice, morality, or fairness. 

Jury nullification is a discretionary act and is not a legally sanctioned function of the jury. It is considered to be inconsistent with the jury’s duty to return a verdict based solely on the law and the facts of the case. The jury does not have a right to nullification, and counsel is not permitted to present the concept of jury nullification to the jury. However, jury verdicts of acquittal are unassailable even where the verdict is inconsistent with the weight of the evidence and instruction of the law.

At its core, nullification occurs when a trial jury reaches an anti-fact-based verdict when they disagree with the law or they disagree that the state should be prosecuting the accused. Indictment nullification also happens when the collective jury wants to make a social statement such as racial inequality or persecution.

There’s nothing to stop a jury from nullifying an indictment. Once it’s in the jury’s hands, and inside the deliberation room, it’s theirs to do what they see fit. They hold no currency. They have no account.

O.J. was black. He murdered two whites. The jury was powerfully black. The system was predominantly white. The big reason why O.J. Simpson got off murder was because of jury nullification due to racism.