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December 1, 1999
Mr. Dean Boland
Office of the Prosecuting Attorney
Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
Re: The Estate of Samuel H. Sheppard v. The State of
Ohio.
Case No.: 312332
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Gregg O. McCrary
(Gregg McCrary) |
I was asked to conduct a criminal investigative analysis
regarding the homicide of Marilyn Reese Sheppard that occurred on or
about July 4, 1954. Specifically I was asked to analyze the
crime and crime scene, and review all pertinent case materials in
order to classify this homicide and offer opinions regarding
victimology, motive and the likelihood of more than one offender
being involved in this crime. The following report is based on
the material I have reviewed.
A Prefactory Note
The field of criminal investigation is a
professional area of specialization with pronounced standards, a
distinct published literature that ranges from journal articles to
textbooks on the subject, college and university courses within
undergraduate and graduate curricula, and scholarly treatises which
study crime, criminals, victims and the detective function.
Texts on the subject abound [i]
[ii]
[iii]
[iv]
and scientific principles that apply to this field and many of its
sub-specialties are highly developed and widely accepted as
authoritative. [v]
[vi]
There are recognized sub-specialties in the criminal investigation
field, including Homicide, Robbery, Sexual Assault and Burglary, to
name some of the most prominent investigative foci. It is a
given that crime is the most studied American social phenomenon [vii]
and the four crimes just mentioned are the most studied forms of
criminal activity. [viii]
The results of these studies have been profusely published, and have
resulted in a body of knowledge that has changed the face of police
training programs, while contributing to a wider understanding of
the dynamics of interpersonal violent crimes and how to investigate
them. Specifically, the program of Criminal Investigative
Analysis, as pioneered by the FBI, has emerged as a dominant
analytical and investigative tool used in violent crime
investigations. [ix]
Criminal Investigative Analysis
This process as developed by the FBI
involves a behavioral approach to an offense from an investigative
perspective as opposed to a mental health viewpoint. The process
generally involves several steps:
- Comprehensive
analysis of the victim
- Comprehensive evaluation of the
specifics of the crime scene
-
Evaluation of the crime itself
-
Thorough review and evaluation of the
investigative reports
-
Evaluation of all forensic, laboratory
or other specialized examinations
Such an evaluation typically affords an
experienced criminal investigative analyst the ability to offer
informed opinions regarding the crime, crime scene, motive, number
of offenders and other potential criminal dynamics.
Victimology
Every meaningful analysis of a violent crime begins with a study of
the victim. The purpose of victimology is to determine what,
if anything, elevated an individual’s potential for becoming the
victim of a violent crime and then to place the victim on a risk
continuum from low to moderate to high. The lifestyle of the
victim and the situational dynamics present at the time of the crime
are the primary focus in making this determination. There was
nothing in Marilyn Reese Sheppard’s lifestyle, such as criminal
activity, drug use, etc. that would have elevated her risk for
becoming the victim of violence, nor were there any situational
dynamics that unduly escalated her potential for becoming the victim
of a homicide. She was at her home with her son and husband on
a holiday weekend in a low-crime area and was either preparing for
bed or in bed when attacked. Ms. Sheppard was at low risk for
becoming the victim of a violent crime.
| [i] |
Alfred R Stone and Stuart M. Deluca, Investigating Crimes, (Boston:
Houghton Mifflin, 1980) |
| [ii] |
Charles E. O’Hara and Gregory L. O’Hara Fundamentals of
Criminal Investigation 5th ed. (Springfield: Charles C. Thomas,
1980) |
| [iii] |
Paul L. Kirk, Crime Investigation 2nd ed. (New York: John Wiley
and Sons, 1974) |
| [iv] |
Charles L. Swanson, Neil C. Chamelin and Leonard Territo, Criminal
Investigation 6th ed. (New York McGraw-Hill 1996). |
| [v] |
Ibid. Pg. 24-26 |
| [vi] |
William J. Bopp, Police Personnel Administration (Boston: Holbrook
Press, 1974), P. 194) |
| [vii] |
Joseph Sena and Larry Siegel, Introduction to Criminal Justice
7th ed. (Minneapolis West Publishing 1996). Pg. 51-74 |
| [viii] |
Ibid. |
| [ix] |
Vernon J. Geberth, Practical Homicide Investigation (New York
CRC Press, 1996) Pg. 707-793 |
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