sheppard maxwell argued february decided june petitioner wife bludgeoned death july outset officials focused suspicion petitioner arrested murder charge july indicted august trial began october terminated conviction december entire pretrial period virulent incriminating publicity petitioner murder made case notorious news media frequently aired charges countercharges besides petitioner tried three months trial examined five hours without counsel televised inquest conducted audience several hundred spectators gymnasium three weeks trial newspapers published names addresses prospective jurors causing receive letters telephone calls case trial began two weeks hotly contested election chief prosecutor trial judge candidates judgeships newsmen allowed take almost entire small courtroom hounding petitioner participants twenty reporters assigned seats within bar close proximity jury counsel precluding privacy petitioner counsel movement reporters courtroom caused frequent confusion disrupted trial corridors elsewhere around courthouse allowed free rein trial judge broadcasting station assigned space next jury room jurors began deliberations sequestered access news media though made suggestions requests jurors expose comment case though sequestered five days four nights deliberations jurors allowed make inadequately supervised telephone calls period pervasive publicity given case throughout trial much involving incriminating matter introduced trial jurors thrust role celebrities least publicity deluge reached jurors inception proceedings later trial judge announced neither anyone else restrict prejudicial news accounts despite awareness excessive pretrial publicity trial judge failed take effective measures massive publicity continued throughout trial take adequate steps control conduct trial petitioner filed habeas corpus petition contending receive fair trial district granted writ appeals reversed held massive pervasive prejudicial publicity attending petitioner prosecution prevented receiving fair trial consistent due process clause fourteenth amendment pp though freedom discussion given widest range compatible fair orderly administration justice must allowed divert trial purpose adjudicating controversies according legal procedures based evidence received open pp identifiable prejudice accused need shown estes texas even case totality circumstances raises probability prejudice pp trial failed invoke procedures guaranteed petitioner fair trial adopting stricter rules use courtroom newsmen petitioner counsel requested limiting number closely supervising courtroom conduct also insulated witnesses controlled release leads information gossip press police officers witnesses counsel proscribed extrajudicial statements lawyer witness party official divulging prejudicial matters requested appropriate city county officials regulate release information employees pp case remanded district instructions release petitioner custody unless tried within reasonable time lee bailey argued cause petitioner brief russell sherman benjamin clark william saxbe attorney general ohio john corrigan argued cause respondent saxbe brief david kessler assistant attorney general bernard berkman argued cause american civil liberties union et amici curiae urging reversal brief melvin wulf john corrigan gertrude bauer mahon filed brief state ohio amicus curiae urging affirmance justice clark delivered opinion federal habeas corpus application involves question whether sheppard deprived fair trial state conviction murder wife trial judge failure protect sheppard sufficiently massive pervasive prejudicial publicity attended prosecution district held afforded fair trial granted writ subject state right put sheppard trial supp ohio appeals sixth circuit reversed divided vote granted certiorari concluded sheppard receive fair trial consistent due process clause fourteenth amendment therefore reverse judgment marilyn sheppard petitioner pregnant wife bludgeoned death upstairs bedroom lakeshore home bay village ohio suburb cleveland day tragedy july sheppard pieced together several local officials following story wife entertained neighborhood friends aherns previous evening home dinner watched television living room sheppard became drowsy dozed sleep couch later marilyn partially awoke saying going bed next thing remembered hearing wife cry early morning hours hurried upstairs dim light hall saw form standing next wife bed struggled form struck back neck rendered unconscious regaining senses found floor next wife bed rose looked took pulse felt gone went son room found unmolested hearing noise hurried downstairs saw form running door pursued lake shore grappled beach lost consciousness upon recovery lying face lower portion body water returned home checked pulse wife neck determined thought gone went downstairs called neighbor mayor houk bay village mayor wife came found sheppard slumped easy chair downstairs asked happened sheppard replied know somebody try something marilyn houk immediately went bedroom mayor told sheppard get hold tell happened sheppard related events houk discovered body mayor called local police richard sheppard petitioner brother aherns local police first arrive turn notified coroner cleveland police richard sheppard arrived determined marilyn dead examined brother injuries removed nearby clinic operated sheppard family coroner cleveland police officials arrived house surrounding area thoroughly searched rooms house photographed many persons including houks aherns interrogated sheppard home premises taken protective custody remained trial outset officials focused suspicion sheppard search house premises morning tragedy gerber coroner reported undenied told men well evident doctor let go get confession proceeded interrogate examine sheppard latter sedation hospital room occasion coroner given clothes sheppard wore time tragedy together personal items later afternoon chief eaton two cleveland police officers interrogated sheppard length confronting evidence demanding explanations asked officer shotke take lie detector test sheppard said reliable shotke replied infallible might well tell us end interrogation shotke told sheppard think killed wife still later afternoon physician sent coroner permitted make detailed examination sheppard coroner inquest july time subpoenaed sheppard made available frequent extended questioning without presence attorney july day marilyn sheppard funeral newspaper story appeared assistant county attorney mahon later chief prosecutor sheppard sharply criticized refusal sheppard family permit immediate questioning headline stories repeatedly stressed sheppard lack cooperation police officials headline testify death bay doctor ordered one story described visit coroner gerber four police officers hospital july sheppard insisted lawyer present coroner wrote subpoena served sheppard agreed submit questioning without counsel subpoena torn officers questioned several hours july sheppard request coroner tragedy home coroner police officers group newsmen apparently invited coroner home locked sheppard obliged wait outside coroner arrived sheppard performance reported detail news media along photographs newspapers also played sheppard refusal take lie detector test protective ring thrown family newspaper headlines announced day doctor balks lie test retells story column opposite story contained exclusive interview sheppard headlined loved wife loved sheppard tells news reporter next day another headline story disclosed sheppard late yesterday refused take lie detector test quoted assistant county attorney saying end questioning sheppard felt ruling test completely subsequent newspaper articles reported coroner still pushing sheppard lie detector test stories appeared sheppard allow authorities inject truth serum editorial artillery opened fire charge somebody getting away murder editorial attributed ineptness investigation friendships relationships hired lawyers husband subjected instantly person similar circumstances subjected following day july another editorial headed inquest dr gerber coroner called inquest day subpoenaed sheppard staged next day school gymnasium coroner presided county prosecutor advisor two detectives bailiffs front room long table occupied reporters television radio personnel broadcasting equipment hearing broadcast live microphones placed coroner seat witness stand swarm reporters photographers attended sheppard brought room police searched full view several hundred spectators sheppard counsel present inquest permitted participate sheppard chief counsel attempted place documents record forcibly ejected room coroner received cheers hugs kisses ladies audience sheppard questioned five hours actions night murder married life love affair susan hayes end hearing coroner announced order sheppard held grand jury throughout period newspapers emphasized evidence tended incriminate sheppard pointed discrepancies statements authorities time sheppard made many public statements press wrote feature articles asserting innocence inquest july headline large type stated kerr captain cleveland police urges sheppard arrest story detective mcarthur disclosed scientific tests sheppard home definitely established killer washed trail blood murder bedroom downstairs section circumstance casting doubt sheppard accounts murder evidence produced trial newspapers also delved sheppard personal life articles stressed extramarital love affairs motive crime newspapers portrayed sheppard lothario fully explored relationship susan hayes named number women allegedly involved testimony trial never showed sheppard illicit relationships besides one susan hayes july editorial entitled police quiz top suspect demanded sheppard taken police headquarters described following language proved oath liar still free go business shielded family protected smart lawyer made monkeys police authorities carrying gun part time left free whatever pleases night sheppard arrested father home charge murder taken bay village city hall hundreds people newscasters photographers reporters awaiting arrival immediately arraigned denied temporary delay secure presence counsel bound grand jury publicity grew intensity indictment august typical coverage period interview entitled sam wish something get chest unfavorable publicity included items cartoon body sphinx sheppard head legend everything power help solve terrible murder sam sheppard headlines announced inter alia doctor evidence ready jury corrigan tactics stall quizzing sheppard gay set revealed houk blood found garage new murder evidence found police claim sam faces quiz jail marilyn fear august article appeared headline sam writes story reproduced across entire front page portion typed statement signed sheppard guilty murder wife marilyn trained help people devoted life saving life commit terrible revolting crime detail coverage five volumes filled similar clippings three cleveland newspapers covering period murder sheppard conviction december record includes excerpts newscasts radio television since space reserved courtroom media assume coverage equally large ii background case came trial two weeks november general election chief prosecutor candidate common pleas judge trial judge judge blythin candidate succeed days case set veniremen called prospective jurors three cleveland newspapers published names addresses veniremen consequence anonymous letters telephone calls well calls friends regarding impending prosecution received prospective jurors selection jury began october courtroom trial held measured feet long temporary table set inside bar back single counsel table ran width courtroom parallel bar railing one end less three feet jury box approximately representatives newspapers wire services assigned seats table behind bar railing four rows benches seats likewise assigned entire trial first row occupied representatives television radio stations second third rows reporters newspapers magazines one side last row accommodated people assigned sheppard family marilyn public permitted fill vacancies row special passes representatives news media also used rooms courtroom floor including room cases ordinarily called assigned trial private telephone lines telegraphic equipment installed rooms reports trial speeded papers station wsrs permitted set broadcasting facilities third floor courthouse next door jury room jury rested recesses trial deliberated newscasts made room throughout trial jury reached verdict sidewalk steps front courthouse television newsreel cameras occasionally used take motion pictures participants trial including jury judge indeed one television broadcast carried staged interview judge entered courthouse corridors outside courtroom host photographers television personnel flash cameras portable lights motion picture cameras group photographed prospective jurors selection jury trial opened witnesses counsel jurors photographed televised whenever entered left courtroom sheppard brought courtroom minutes session began surrounded reporters extensively photographed newspapers television rule prohibited courtroom actual sessions restraints put photographers recesses taken morning afternoon longer period lunch arrangements news media massive coverage trial continued entire nine weeks trial courtroom remained crowded capacity representatives news media movement courtroom often caused much confusion despite system installed courtroom difficult witnesses counsel heard furthermore reporters clustered within bar small courtroom made confidential talk among sheppard counsel almost impossible proceedings frequently leave courtroom obtain privacy many times counsel wished raise point judge hearing jury necessary move judge chambers even news media representatives packed judge anteroom counsel hardly return chambers courtroom reporters vied find counsel judge discussed often matters later appeared newspapers accessible jury daily record proceedings made available newspapers testimony witness printed verbatim local editions along objections counsel rulings judge pictures sheppard judge counsel pertinent witnesses jury often accompanied daily newspaper television accounts times newspapers published photographs exhibits introduced trial rooms sheppard house featured along relevant testimony jurors constantly exposed news media every juror except one testified voir dire reading case cleveland papers heard broadcasts seven jurors rendered verdict one cleveland papers delivered home remaining jurors interrogated point questions radios television sets jurors homes must assume owned conveniences selection jury progressed individual pictures prospective members appeared daily trial pictures jury appeared times cleveland papers alone permitted photographers take pictures jury box individual pictures members jury room one newspaper ran pictures jurors sheppard home went view scene murder another paper featured home life alternate juror day verdict rendered jurors lunch sequestered two bailiffs jury separated two groups pose photographs appeared newspapers iii reach conduct trial intense publicity continued unabated sufficient relate flagrant episodes october nine days case went trial editorial one newspapers criticized defense counsel random poll people streets opinion sheppard guilt innocence effort use resulting statistics show necessity change venue article said survey smacks mass jury tampering called defense counsel drop stated bar association something characterized poll nonsense article called attention action taken second day voir dire examination debate staged broadcast live whk radio participants newspaper reporters accused sheppard counsel throwing roadblocks way prosecution asserted sheppard conceded guilt hiring prominent criminal lawyer sheppard counsel objected broadcast requested continuance judge denied motion counsel asked give protection events judge replied whk much coverage fter trying case radio newspapers means confine seriously courtroom best jury selected headline asked speak marilyn story spoke perfect face accused study face long want never get hint might answer two brothers accused described prosperous poised two law smart chic elderly father courtly reserved perfect type patriarch staunch clan author noted marilyn sheppard still stage child whose mother died young whose father interest case author quotes detective chief james mcarthur assured readers prosecution exhibits speak marilyn story mcarthur stated come courtroom witnesses article ends realize missing perfect setting supplied big case justice done justice sam sheppard marilyn sheppard november cleveland police officer gave testimony tended contradict details written statement sheppard made cleveland police two days later broadcast heard station whk cleveland robert considine likened sheppard perjurer compared episode alger hiss confrontation whittaker chambers though defense counsel asked judge question jury ascertain many heard broadcast refused judge also overruled motion continuance based ground saying well know ca stop people event listening matter free speech ca control everybody going harass jury every morning getting point every morning suspecting jury confidence jury trial seventh week walter winchell broadcast wxel television wjw radio carole beasley arrest new york city robbery stated sheppard mistress borne child defense asked jury queried broadcast two jurors admitted open heard judge asked effect upon judgment replied accepted judge sufficient merely asked jury pay attention whatever type scavenging let confine courtroom please answer motion mistrial judge said well even corrigan ever going prevent things event justify think outrageous sense outrageous even trial trial nothing mind far outrage concerned corrigan know effect mind jurors ca find unless inquiry made ever jury avoid kind thing case submitted jury sequestered deliberations took five days four nights verdict defense counsel ascertained jurors allowed make telephone calls homes every day sequestered hotel although telephones removed jurors rooms jurors permitted use phones bailiffs rooms calls placed jurors record kept jurors made calls telephone numbers parties called bailiffs sat room hear jurors end conversation instructed bailiffs prevent calls subsequent motion defense counsel urged ground alone warranted new trial motion overruled evidence taken question iv principle justice survive behind walls silence long reflected distrust secret trials oliver responsible press always regarded handmaiden effective judicial administration especially criminal field function regard documented impressive record service several centuries press simply publish information trials guards miscarriage justice subjecting police prosecutors judicial processes extensive public scrutiny criticism therefore unwilling place direct limitations freedom traditionally exercised news media hat transpires room public property craig harney unqualified prohibitions laid framers intended give liberty press broadest scope countenanced orderly society bridges california threat menace integrity trial craig harney supra consistently required press free hand even though sometimes deplored sensationalism also pointed egal trials like elections use radio newspaper bridges california supra insisted one punished crime without charge fairly made fairly tried public tribunal free prejudice passion excitement tyrannical power chambers florida freedom discussion given widest range compatible essential requirement fair orderly administration justice pennekamp florida must allowed divert trial purpose system adjudicate controversies criminal civil calmness solemnity courtroom according legal procedures cox louisiana black dissenting among legal procedures requirement jury verdict based evidence received open outside sources thus marshall set aside federal conviction jurors exposed news accounts information admitted trial held prejudice material may indeed greater part prosecution evidence tempered protective procedures time consider dispositive statement juror influenced news articles decide case evidence record felt prejudice petitioner result articles likewise irvin dowd even though juror indicated render impartial verdict despite exposure prejudicial newspaper articles set aside conviction holding life stake requiring much petitioner tried atmosphere undisturbed huge wave public passion theory system conclusions reached case induced evidence argument open outside influence whether private talk public print even assumed deputies never discuss case directly members jury blinking reality recognize extreme prejudice inherent continual association true cases involving claims due process deprivations require showing identifiable prejudice accused nevertheless times procedure employed state involves probability prejudice result deemed inherently lacking due process clear totality circumstances case also warrants approach unlike estes sheppard granted change venue locale away publicity originated jury sequestered estes jury saw none television broadcasts courtroom contrary sheppard jurors subjected newspaper radio television coverage trial taking part proceedings allowed go separate ways outside courtroom without adequate directions read listen anything concerning case judge admonitions beginning trial representative suggest caution read newspapers progress trial listen radio comments watch listen television comments insofar case concerned feel much better trial proceeds sure shall feel much better indulge newspaper reading listening comments whatever matter case progress read heart content press coverage estes trial nearly massive pervasive attention given cleveland newspapers broadcasting stations sheppard prosecution sheppard stood indicted murder wife state demanding death penalty months virulent publicity sheppard murder made case notorious charges countercharges aired news media besides sheppard called trial addition three months trial sheppard examined five hours without counsel inquest ended public brawl inquest televised live high school gymnasium seating hundreds people furthermore trial began two weeks hotly contested election chief prosecutor mahon judge blythin candidates judgeships say sheppard denied due process judge refusal take precautions influence pretrial publicity alone later rulings must considered setting trial held light background believe arrangements made judge news media caused sheppard deprived judicial serenity calm entitled estes texas supra fact bedlam reigned courthouse trial newsmen took practically entire courtroom hounding participants trial especially sheppard temporary table within feet jury box counsel table sat reporters staring sheppard taking notes erection press table reporters inside bar unprecedented bar reserved counsel providing safe place keep papers exhibits confer privately client designed protect witness jury distractions intrusions influences permit bench discussions judge rulings away hearing public jury assigned almost available seats courtroom news media judge lost ability supervise environment movement reporters courtroom caused frequent confusion disruption trial record reveals constant commotion within bar moreover judge gave throng newsmen gathered corridors courthouse absolute free rein participants trial including jury forced run gantlet reporters photographers time entered left courtroom total lack consideration privacy jury demonstrated assignment broadcasting station space next jury room floor courtroom well fact jurors allowed make telephone calls deliberation vi question nature publicity surrounded sheppard trial agree appeals findings judge bell opinion ohio murder mystery society sex suspense combined case manner intrigue captivate public fancy degree perhaps unparalleled recent annals throughout preindictment investigation subsequent legal skirmishes trial editors catered insatiable interest american public bizarre atmosphere roman holiday news media sam sheppard stood trial life ohio much material printed broadcast trial never heard witness stand charges sheppard purposely impeded murder investigation must guilty since hired prominent criminal lawyer sheppard perjurer sexual relations numerous women slain wife characterized liar testimony police treatment finally woman convict claimed sheppard father illegitimate child trial progressed newspapers summarized interpreted evidence devoting particular attention material incriminated sheppard often drew unwarranted inferences testimony one point picture sheppard pillow published doctored show clearly alleged imprint surgical instrument doubt deluge publicity reached least jury occasion jury queried two jurors admitted open hearing highly inflammatory charge prison inmate claimed sheppard father illegitimate child despite extent nature publicity jury exposed trial judge refused defense counsel requests jurors asked whether read heard specific prejudicial comment case including incidents previously summarized circumstances assume material reached members jury see commonwealth crehan mass vii fundamental error compounded holding lacked power control publicity trial inception proceedings judge announced neither anyone else restrict prejudicial news accounts reiterated view numerous occasions since viewed news media target judge never considered means often utilized reduce appearance prejudicial material protect jury outside influence conclude procedures sufficient guarantee sheppard fair trial consider sanctions might available recalcitrant press charges bias made state trial judge carnival atmosphere trial easily avoided since courtroom courthouse premises subject control stressed estes presence press judicial proceedings must limited apparent accused might otherwise prejudiced disadvantaged bearing mind massive pretrial publicity judge adopted stricter rules governing use courtroom newsmen sheppard counsel requested number reporters courtroom limited first sign presence disrupt trial certainly placed inside bar furthermore judge closely regulated conduct newsmen courtroom instance judge belatedly asked handle photograph trial exhibits lying counsel table recesses secondly insulated witnesses newspapers radio stations apparently interviewed prospective witnesses many instances disclosed testimony typical example publication numerous statements susan hayes appearance regarding love affair sheppard although witnesses barred courtroom trial full verbatim testimony available press completely nullified judge imposition rule see estes texas supra thirdly made effort control release leads information gossip press police officers witnesses counsel sides much information thus disclosed inaccurate leading groundless rumors confusion judge aware responsibility respect may seen warning steve sheppard accused brother apparently made public statements attempt discredit testimony prosecution judge made statement presence jury wants say word told read anything informed steve sheppard granted privilege remaining room trial trying case newspapers making rather uncomplimentary comments testimony witnesses state let understood steve sheppard wishes use newspapers try case trying barred remaining room progress trial witness case appreciates deny steve sheppard right free speech deny privilege room wants avail method progress trial fact many prejudicial news items traced prosecution well defense aggravates judge failure take action see stroble california frankfurter dissenting effective control sources concededly within power might well prevented divulgence inaccurate information rumors accusations made much inflammatory publicity least sheppard indictment specifically trial might well proscribed extrajudicial statements lawyer party witness official divulged prejudicial matters refusal sheppard submit interrogation take lie detector tests statement made sheppard officials identity prospective witnesses probable testimony belief guilt innocence like statements concerning merits case see state van duyne interpreted canon american bar association canons professional ethics prohibit statements advised great public interest case mass coverage press potential prejudicial impact publicity also requested appropriate city county officials promulgate regulation respect dissemination information case employees addition reporters wrote broadcast prejudicial stories warned impropriety publishing material introduced proceedings judge put notice events defense counsel complaint whk broadcast second day trial see supra manner sheppard right trial free outside interference given added protection without corresponding curtailment news media judge officers police placed interest justice first news media soon learned content task reporting case unfolded courtroom pieced together extrajudicial statements cases coming note unfair prejudicial news comment pending trials become increasingly prevalent due process requires accused receive trial impartial jury free outside influences given pervasiveness modern communications difficulty effacing prejudicial publicity minds jurors trial courts must take strong measures ensure balance never weighed accused appellate tribunals duty make independent evaluation circumstances course nothing proscribes press reporting events transpire courtroom reasonable likelihood prejudicial news prior trial prevent fair trial judge continue case threat abates transfer another county permeated publicity addition sequestration jury something judge raised sua sponte counsel publicity proceedings threatens fairness trial new trial ordered must remember reversals palliatives cure lies remedial measures prevent prejudice inception courts must take steps rule regulation protect processes prejudicial outside interferences neither prosecutors counsel defense accused witnesses staff enforcement officers coming jurisdiction permitted frustrate function collaboration counsel press information affecting fairness criminal trial subject regulation highly censurable worthy disciplinary measures since state trial judge fulfill duty protect sheppard inherently prejudicial publicity saturated community control disruptive influences courtroom must reverse denial habeas petition case remanded district instructions issue writ order sheppard released custody unless state puts charges within reasonable time ordered footnotes several witnesses sheppard narrated experiences differ description various details sheppard claimed vagueness perception caused sudden awakening dimness light loss consciousness sheppard suffering severe pain neck swollen eye shock newspaper photographers reporters permitted access sheppard home time time took pictures throughout premises time newspapers reported possible suspects cleared lie detector tests one persons quoted saying understand innocent man refuse take test newspapers heavily emphasized sheppard illicit affair susan hayes fact initially lied number articles calculated evoke sympathy sheppard printed letters sheppard wrote son jail stories often appeared together news coverage unfavorable many reporters photographers attended sheppard trial attracted several nationally famous commentators well commencement trial defense counsel made motions continuance change venue judge postponed ruling motions determined whether impartial jury impaneled voir dire examination showed one exception members selected jury service read something case newspapers since however jurors stated influenced read seen judge overruled motions without regard whether judge actions respect reach dimensions justify issuance habeas writ noted short continuance alleviated problem regard judicial elections delaney cir recognized duty similar circumstances holding assurance fair trial necessitate trial case postponed election think law required less typical comments trial press include question sheppard guilt innocence still courts examined trial record carefully divided propriety verdict almost everyone watched performance cleveland press agrees fair hearing defendant area modern miracle harrison press courts saturday review distance miles cleveland looks us though sheppard murder case sensationalized point press must ask freedom carried excess interfere conduct fair trials editorial toledo blade unsworn statement parties agreed status deposition made years sheppard conviction six years judge blythin death dorothy kilgallen asserted judge blythin told open shut case guilty hell thus urged sheppard released ground judge bias infected entire trial need reach argument since judge failure insulate proceedings prejudicial publicity disruptive influences deprived sheppard chance receive fair hearing judge awareness power respect manifest assignment seats press problem complicated independent action newspapers reporting evidence gossip uncovered press inferred sheppard guilty stalled investigation hid behind family hired prominent criminal lawyer denounced mass jury tampering efforts gather evidence community prejudice caused publications sheppard counterattacks added fuel circumstances preclude asserting right fair trial putting one side news stories attributed police officials prospective witnesses sheppards lawyers possible publicity prejudicial effect cf report president commission assassination president kennedy two police officers testified trial sheppard refused take lie detector test judge declined give requested instruction results test inadmissible event simply told jury person obligation take lie detector test premature disclosure weighing evidence may seriously jeopardize defendant right impartial jury either press public right contemporaneously informed police prosecuting authorities details evidence accumulated sheppard cf report president commission supra department justice city new york governmental agencies issued regulations cfr general information topic see periodic publications nos freedom information center school journalism university missouri