November 30,1999

Re: Marilyn Reese Sheppard Homicide

Dear Mr. Mason,

I have reviewed the following:

I have participated in the post mortem examination of the remains of Marilyn R. Sheppard which was conducted at the Cuyahoga County Coroner's Office October 5, 1999, under the direction of Coroner Elizabeth K. Balraj, M.D.

Dental evidence was the subject of examinations, testing, and opinions from experts in both the first and second trials in this case. At issue were dental injuries to both Marilyn Reese Sheppard and Dr. Sam Sheppard.

In the course of his post mortem examination of Marilyn Sheppard, Dr. Lester Adelson, the autopsy surgeon, describes the dental injuries, "There is a crusted abrasion measuring 1 x 1/2 on the buccal surface of the mucosa of the lower lip. There is a complete fracture of the upper right medial incisor at the junction of the proximal and middle third of the tooth. The fracture is recent and the fractured surface is sharp. The distal fragment of the tooth is not present within the mouth. There is a chip defect on the occlusal-frontal surface of the upper left medial incisor. The defect measures 3/16 x 1/8", and the edges are sharp." Although the injury to the maxillary right central incisor is described in "pathologoy" terms, it is understandable to the dental practitioner. The "chip defect" of the maxillary left central is of the facial incisal. It should be noted that according to the Complaint Report Bay Police Dept. Serial No. 5-194, "Examination of sheet under body disclosed teeth chips which were found to belong to deceased."

Dr. John Frank Novatney, Marilyn Sheppard's dentist, testified in the first trial about her dental status. He claimed to have placed a "bridge section or segment" in May of 1954. This fixed prosthetic segment appears to have replaced the maxillary right lateral incisor. This treatment was performed approximately two months prior to the homicide. Dr. Novatney's treatment records are not available for examination.

The "tooth" fragment recovered in the sheets are not available for examination. Color close-up photograph(s) are available that do contain information. The larger tooth fragment appears to be a portion of the maxillary central incisor. From the photographic examination it is my opinion that this is NOT natural tooth structure but part of a dental porcelain restoration. The "tooth" fragments have played a significant role in this case in the second trial and in the ensuing years.

The analysis of Dr. Paul L. Kirk is responsible for the "Bitten Killer" theory. Dr. Kirk's analysis and opinion is found on pages 22, 23, 24 of his Affidavit sworn to and dated the 26^th day of April 1955. His experiment described in Appendix 1, "Breaking of Teeth, is fatally flawed science.

Teeth are living tissue. Extracted teeth begin to desicate very quickly upon removal from their sockets in the living individual. They become friable or breakable very rapidly. Carious lesions, and/or their removal, and/or restoration can undermine the dentin and the enamel prisms so that fracture of tooth structure can occur with very little force. Teeth are held in the jaw bone by periodontal ligaments so that they are moveable. Anchoring teeth firmly in a metal device using low fusing, metal does not reproduce the condition which occurs in the supporting structures of the oral cavity nor does using teeth which do not duplicate the restorative status of the teeth in question.

On October 5, 1999 the dentition and supporting structures of Marilyn Sheppard were examined and radiographed and photographed at the Cuyahoga County Coroner's Office. An impression of the interior dentition was made and dental models poured. That examination revealed that Mrs. Sheppard sustained a LeFort type fracture of the maxilla. This injury will be addressed in the report of Thomas D. Holland, Ph.D. This injury is usually produced by a blow of great force to the maxilla.

It was also noted that Marilyn Sheppard had a fractured maxillary right central incisor. It appears that approximately 60 % of the length of the crown is missing. There is a slight angle from lingual to facial. Examination of the photographs of that segment reveal that it represents an area of missing tooth structure consistent with the missing portion of Marilyn Sheppard's fractured incisor. It appears to be a porcelain restoration.

Marilyn Sheppard had fractures and missing tooth structure of the incisal edges of the maxillary left central incisor, and mandibular left lateral, left central, right lateral incisors and right canine. It should be noted that there is no fracture of the mandibular right central incisor, the tooth below the fractured restored maxillary right central incisor. The only lower incisor which does not have a fractured incisal edge is a natural tooth which is directly below the porcelain restoration which did fracture.

Consideration of all the dental injuries leads me to the opinion that a likely cause of the fractures of the maxillary right central incisor and all the incisal fractures of the other teeth is a blow of great force to the mandible which would drive the mandible into the maxilla. In such a scenario the restored tooth, which is weaker than the natural tooth below, fractures. This blow would not cause the LeFort fracture however and would have to precede the blow which caused the maxillary fractures. The blow of great force to the mandible and an additional blow of great force to the maxilla are consistent with producing the injuries sustained by Mrs. Sheppard. I can state with scientific certainty that the fractures of the teeth sustained by Marilyn Sheppard during the homicidal assault were not caused by biting her attacker in any way.

Dr. Sam Sheppard allegedly sustained dental injuries during the night of July 3- 4, 1954. Dr. Richard E. Koch was Dr. Sheppard's dentist. His dental records have not been available to date.

Dr. Koch testified at the first trial that he examined Dr. Sheppard July 15, 1954. His examination revealed the upper right cuspid and first premolar "slightly loose and chipped." He also observed that Dr. Sheppard's mouth was still lacerated at that July 15 examination.

Dr. Koch again testified in the second trial. He testified that he examined Dr. Sheppard July 15, 1954 in his dental office. The treatment he rendered to the slightly loose and chipped teeth was to smooth the rough edges. He testified that the mouth was lacerated parallel to the jagged teeth.

Dr. Koch determined in the courtroom during the first trial that the teeth were no longer slightly loose.

It would be unusual for a laceration sustained in the buccal tissue to not be healed in eleven days. My only observation was that perhaps the chipped teeth were sharp enough to keep causing injury to the buccal mucosa preventing the complete expected healing. Further examination of photographs or other documentation of his dental and oral injuries, if they exist, might be helpful.