Answers to Defendant State of Ohio's First Set of Interrogatories and First Request for Production of Documents to Plaintiff
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1 Cleveland State University Court Filings 2000 Trial Answers to Defendant State of Ohio's First Set of Interrogatories and First Request for Production of Documents to Plaintiff George H. Carr Counsel for the Sheppard Estate Terry H. Gilbert Counsel for the Sheppard Estate How does access to this work benefit you? Let us know! Follow this and additional works at: sheppard_court_filings_2000 Recommended Citation Carr, George H. and Gilbert, Terry H., "Answers to Defendant State of Ohio's First Set of Interrogatories and First Request for Production of Documents to Plaintiff" ( Court Filings. Paper This Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV is brought to you for free and open access by the 2000 Trial at It has been accepted for inclusion in Court Filings by an authorized administrator of For more information, please contact
2 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ALAN DA VIS, Administrator, CASE NO vs. STAIE OF OHIO, Plaintiff, Defendants. JUDGE RONALD SUSTER ANSWERS TO DEFENDANT STAIE OF OHIO'S FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS IO PLAINTIFF Now comes Defendant State of Ohio, and propounds the following Interrogatories to Plaintiff, ALAN DA VIS, to be answered and/or responded to in writing and under oath within twentyeight (28 days in accordance with Rules 33(A and 34 of the Ohio Rules of Civil Procedure and in the form prescribed by Civ.R. 33(D. INSTRUCTIONS FOR ANSWERING: 1. The terms "you" and "your," when used herein, refer to each respective party submitting answers to these Interrogatories. 2. The term "person," when used herein, means an individual, corporation, partnership, or association, or any other business or governmental entity.
3 3. The term "identify," when used herein, has the following meanings: (A When used in reference to an individual, it means to state a person's: a full name; b present business address, or, if unavailable, last known business address; c present home address, or, if unavailable, last known home address; and d businessor governmental affiliation and job title, or, if unavailable, last known business or governmental affiliation and job title. (B When used in reference to any person other than an individual, it means to state the person's: a full name and d/b/a/, if any; and b present address, or, if unavailable, last known address. (C When used in reference to corporate entities, it means to state the corporate name, date and place of incorporation, and all of its present business addresses. (D When used in reference to communications, it means to describe the statements and communications by: a stating the date and place where they were made; b identifying each of the makers and recipients thereof in addition to all the persons present; and, c indicating the medium of communication. Note: When identifying the date of the statement or communication, the precise date must be given. If only an approximate date is given, it will be presumed that you have no recall or specific knowledge as to the exact date. (E When used in reference to a document or documentary evidence, it means to state the type of document (e.g., letter, memorandum, telegram, chart, 2
4 its author or origination, its date or dates, all addresses and recipients, its present location or custodian, the topics dealt with therein, with such reasonable particularity as is sufficient for a specific demand for production, and any identifying marks, code words, numerals, or letters distinguishing it from other like documents. If any such document was but no longer is in your possession or subject to your custody or control, state what disposition was made of it. Documents to be identified shall include all those documents in your possession, custody, or control and all of the documents of which you have knowledge. INTERROGATORIES 1. Please state the name, address and telephone number of all persons which you consulted in answering these interrogatories. ANSWER: Alan J. Davis Shaker Blvd. Cleveland, Ohio Please state the name and address of each and every lay witness whom you intend to call at the trial of this action. ANSWER: A witness list will be provided on or before April 15, 1999 in compliance with the Court's Order. 3
5 3. Please state the nature and subject of the testimony you anticipate each of the persons listed in response to Interrogato9 No. 2 to give at the trial of this matter. ANSWER: See answer to Interrogatory #2. 4. Please list the names and addresses of all persons whom you intend to call as expert witnesses at the trial of this matter. ANSWER: See answer to Interrogatory #2. 5. Please state the name and subject of the testimony you anticipate each of the persons listed in response to Interrogatory No. 4 to give at the trial of this matter. ANSWER: See answer to Interrogatory #2. 4
6 6. Please identify all exhibits which you intend to use at the trial and all documents which you will use in your crossexamination of the defendants. ANSWER: An exhibit list will be provided on or before April 15, 1999 in compliance with the Court's Order. 7. Please state with particularity whether or not you have ever been convicted of a state or federal offense. If so, please specifically set forth your entire and complete record of state and/or federal convictions by stating the date of the conviction, the reason for the conviction, and the sentence. ANSWER: N o. 8. Please give the name and address of all trial witnesses whose testimony you intend to introduce by deposition or prior sworn testimony. ANSWER: None at this time. 5
7 Pursuant to Civ.R. 34, defendant requests that you produce copies of the following documents within twentyeight (28 days from the service hereof: 1. All documents identified in your answer to Interrogatory No. 6 above. RESPONSE: In order to avoid unnecessary copying, please inform counsel of the documents appearing in the Exhibit List, that are not already possessed by the State; those documents will be produced. Respectfully submitted, WILLIAM D. MASON, Prosecuting Attorney of Cuyahoga County, Ohio ( Assis t rosecuting Attorney The Ju ce Center, Courts Tower Ontario Street Cleveland, Ohio ( ATTORNEYS FOR DEFENDANT 6
8 STATE OF OHIO :ss. COUNTY OF CUYAHOGA being first duly cautioned and sworn, state that the answers to the foregoing interrogatories are true and correct to the best of my knowledge and belief. t~ SWORN TO BEFORE ME, and subscribed in my presence this /IO day of.._./\'f1:_,, '... ( I, 1999 GEORGE CARR
9 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, omo ALAN J. DAVIS, Special Administrator of the Estate of SAMUEL H. SHEPP ARD vs. STATE OF OHIO Plaintiff Defendant Judge Ronald Suster Case No PLAINTIFF'S EXHIBIT LIST The Plaintiff may introduce the following exhibits in the trial of this action, but reserves the right to introduce additional evidence as it is discovered: 1. Birth Certificate Richard Lenardic (Eberling 2. Children's Aid Society Documents Richard Lenardic (Eberling 3. Death Certificate George E. Eberling 4. Will George E. Eberling 4A Executor's Account 7/547/55 4B Executor's Account 7/557/56 5. Change ofname Richard Lenardic to Richard Eberling 6. High School Picture Richard Eberling 7. Selective Service Documents Richard Eberling 8. Accident Report Kinzel/Eberling 9. Death Certificate Barbara Kinzel 10. Newspaper Article Kinzel/Eberling Accident
10 11. Conigan File Notes Barbara Kinzel/Sheppard 12. Cleveland Clinic, Dr. Louis J. Kamosh Letter re: Eberling 13. HCA Valley Hospital, Dr. Mark W. Peterson Letter re: Eberling 14. Cynthia Cooper Affidavit George Jinda Interview 15. Richard Eggling Statement to Bay Village PD 11/10/59 Theft 16. Richard Eberling Statement to Bay Village PD 11110/59 Marilyn Sheppard 16A. Bay Village Police Report Ronald Perow 11/12/ Ohio State Bureau of CI&I Polygraph Report 11/20/59 Eberling 18. Eaton Letter to Gerber 11/30/59 Eaton Letter to Gareau 11/30/ Tompkins 3/21/89 Letter requesting review of 11119/59 polygraph test 20. Bay Village Police Report 9/89 Re: Eberling 21. Polygraph Examiner Manis E. Ragus Qualifications 22. PrePolygraph Examination Report Eberling 23. Eberling Statement Re: Marilyn Sheppard Murder 24. Bay Village Police Report 8/17 /89 Re: Lund/Eberling 25. Letter Lund to Sam R. Sheppard 26. Lund Videotape 27. Lund Audiotape 28. Lund AudioNideo Transcript 29. Lund General Release 30. Lund Medical Release 2
11 31. Julie Schofield Affidavit 32. Vern Lund Affidavit 33. Lund Photograph Video 34. Lund Photograph Military 35. Lund Military Records 36. Death Certificate Vern Lund 37. Passport Vern Lund 38. Marty & Pauline Eskins I Cooper Affidavit 39. Marty Eskins Military Photograph 40. John Eberling/ Burkholder Affidavit 42. Edward Wilbert/ Gore Affidavit 41. John Eberling/ Pedersen Affidavit 43. Richard Eberling I Cooper Affidavit Re: 9/17/94 & 9/18/94 Interview 44. Paul Leland Kirk Affidavit 45. Richard Eberling I Cooper Affidavit Re: 8/91 Interview 46. Richard Eberling I Cooper Affidavit Re: 3/27/93 & 3/28/93 Interview 47. Richard Eberling I Cooper 4/13/92 Letter 48. Richard Eberling I Cooper 2/23/91 Letter 49. Coroner's Trace Evidence/ Affidavit/Cooper 50. Dr. AJ. Kazlauckas Report to W.J. Corrigan 51. Peter R. DeForest Curriculum Vitae 3
12 Eberling Letter Description of Sheppard Home Bay Village Drawing of Sheppard Borne & Richard Eberling Drawings of Sheppard Home Cleveland PD Report Sgt. Lockwood 7 /23/ Leo Stawicki Witness 7/10/ Richard & Betty Knitter Witness 7/10/ Police ArtisrDrawing of Person Described by Knitters 58. Description Written by Office/Artist Adler (Knitters 59. Police Drawing/Richard Eberling Drawing 60. Coroner's Verdict Marilyn Sheppard 61. Autopsy Report Marilyn Sheppard 62. Mary Cowan Testimony Partial Transcript 63. Marily Sheppard Blood Grouping Test 64. Richard Eberling Cleveland Clinic Blood Test 65. Eberling/Durkin Murder News Articles 66. Ethel Durkin Coroner's Verdict 1/3/ Ethel Durkin Autopsy Report 9/10/ Myrtle Fray Police Report 5/10/ Myrtle Fray Death Certificate 5/25/ Myrtle Fray News Articles 71. Myrtle Fray Coroner's Verdict 72. Myrtle Fray Autopsy Report 73. Sarah Belle Farrow Death Certificate 4
13 Ruth McNeil News Articles Ruth McNeil Coroner's Verdict Ruth McNeil Death Certificate Higgins/Cooper Affidavit Re: Ruth McNeil Arlene Campbell/Cooper Affidavit Cooper Affidavit Re: Eberling Letter 12/2/91 Cooper Affidavit Interview w/ Kremperger 3/9/94 Dr. Stephen Sheppard Statement re: Dr. Sam injuries 7 /5/54 Mary Cowan Testimony re: wood chip (Ex. 84 Summary ofdr. Gerber testimony re: Dr. Sam Sheppard injuries Summary of Dr. Elkins testimony re: Dr. Sam Sheppard injuries Summary of Bay Village PD Officer Drenkhan re: Dr. Sam Sheppard injuries Report of Dr. Bashline re: Dr. Sam Sheppard injuries Investigator Notes medical personnel re: Dr. Sam Sheppard Investigator Notes Barbara Kinzel, nurse at Sheppard hospital, later killed in car accident in car driven by Richard Eberling 89. Nurses' records of Bayview, including statements of Barbara Kinzel 90. Cooper Affidavit re: Dombrowski report; Dombrowski report 91. Sam R. Sheppard Affidavit Re: Ex Cooper Affidavit Re: Ex Cooper Affidavit Re:cellarway entrance to Sheppard home 94. Book Mockery of Justice, The Troe Story of the Sheppard Murder Case 5
14 95. Paychecks to Katie Andrews (Kathy Collins 96. V rrginia Heskett Affidavit 97. Eberling to Cooper correspondence 98. Dr. Mohammed Tahir DNA evidence report 99. U.S. Supreme Court decision, Sheppardv. Maxwell 100. Police report re: discovery of flashlight 101. Crime scene photographs 102. Forensic evidence photographs 103. Trace Evidence reports 104. Sheppard 1954 trial transcript 105. Eberling autopsy report 106. Eberling autopsy photographs 107. Photographs of exhumation and transfer of evidentiary DNA 108. Evidence receipt report of John Murdock 109. Containers & wrappers re: wardrobe blood stain 110. Dateline NBC 9/97 interview w/ Eberling 111. Film clips of crime scene recreation 112. Affidavits & correspondence between Parks & Eberling 113. Affidavits & correspondence between Parks & prosecutors 114. Bay Village police file 115. Curriculum vitae of expert witnesses 6
15 116. Photographs of evidence from Coroner Gerber's file Respectfully submitted, ILBERT ( GE RGEH. CARR ( Attorneys for Plaintiff, Special Administrator of the Estate of Samuel H. Sheppard 1700 Standard Building 1370 Ontario Street Cleveland, OH (
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