COLUMBUS, Ohio -- The Ohio Supreme Court cleared the way Wednesday for a wrongful imprisonment lawsuit in the case of Dr. Sam Sheppard, whose conviction in the 1954 murder of his wife inspired "The Fugitive" TV series.
The state's highest court ruled 4-3 against a request by prosecutors who wanted the court to dismiss a lawsuit filed by Sheppard's son, Sam Reese Sheppard. The younger Sheppard for years has waged a legal battle to clear his father's name.The 50-year-old son, who claims his father was wrongfully imprisoned for the 1954 beating death of his wife, Marilyn, could collect about $2 million in damages if he wins.
"We won our day in court," said Terry Gilbert, the younger Sheppard's attorney. "It's all we've been looking for the last three years. Justice for the Sheppard family may be in sight."
Sam Reese Sheppard said he was relieved by the ruling. "I think it's a day for American history because if we don't deal with the mistakes of the past we can't make this country a better place," he said.
Prosecutors claimed too much evidence has been lost and too many witnesses have died to litigate the case again. They had yet to decide whether they would appeal.
To win a wrongful imprisonment declaration, Dr. Sheppard would have to be declared innocent by a judge -- a stronger statement than the "not guilty" acquittal he received in a 1966 court-ordered retrial.
Sheppard, who died of liver failure in 1970 at age 46, insisted a bushy-haired intruder beat his wife to death at their home on Lake Erie and then knocked him unconscious.
Nonetheless, a jury convicted him of murder. The U.S. Supreme Court overturned the verdict in 1964, upholding a lower ruling that the doctor was denied a fair trial due to pretrial publicity. He was acquitted at a second trial two years later.
Sam Reese Sheppard and his legal team believe DNA and other evidence indicate Marilyn Sheppard was slain by Richard Eberling, a window-washer for the couple.
Eberling, who died in prison earlier this year while serving time for another murder, maintained he was innocent of the killing.