Glimpse of the Cuyahoga Prosecutor’s office in 1954 during time of the first Sam Sheppard trial. Prosecutor Frank T. Cullitan is seated in front row to the far right and standing behind him to the far right is Assistant Prosecutor Thomas J. Parrino. Merle McCurdy is located on the far left.

Long-time attorney, Gerald S. Gold conveyed that both McCurdy and Parrino were the two best trial attorneys in Cleveland in the Prosecutor’s office at that time. They were so good, that Parrino was put in charge of handling the infamous Dr. Sam Sheppard case. Merle, however, as an African American, was not permitted to participate in the Sheppard case.

While legal scholars of the time state that the Prosecutor’s Office in Cleveland was not an “apartheid-type” system, concerns were raised that white jurors would have difficulty convicting a white defendant prosecuted by an African American. Likewise, similar concerns existed with white prosecutors seeking to try cases at that time involving an African American defendant. This concern would have been magnified with a high-profile case involving Dr. Sheppard.

Sources

Gold, G.S. by Dana, R. (Personal Communication, April 23, 2015).

Sheehan, Cuyahoga Common Pleas Judge B. et al. by Dana, R. (Personal Communication, April 2015).

Photograph of Merle McCurdy and Dorothy Kilgallen, an American journalist at the New York Journal-American who covered the Dr. Sam Sheppard trial.

F. Lee Bailey, a lawyer who served in the re-trial of Sam Sheppard, heard Kilgallen speak to a group that the Trial Court Judge in Dr. Sheppard’s case declared that the defendant was “guilty as hell” (Ostrow, 1966, p. 6) before the trial and that the case against Sheppard was “open and shut” (Ostrow, 1966, p. 6). Bailey used this statement as a basis to assert that his client was entitled to a new trial based on the Judge’s bias before any evidence was even presented in the case.

Source

Ostrow, R. (1966, March 1). Judge in Dr. Sheppard Trial Accused of Bias. Los Angeles Times, p. 6.

Photo of Merle McCurdy and his longtime friend, Myron Huff, performing a stage routine at Idlewild’s El Morocco Club, a popular after hour’s night club.

Coined the “Black Eden” in the 1950s and 1960s, Western Michigan’s Idlewild was a unique vacation resort town that, during the era of segregation, was one of the few areas that allowed African Americans to acquire property and retreat. At its peak, it is estimated that this resort area served over 25,000 summer guests on the 4^th of July in 1959. The boon eventually subsided with “the passing of the Civil Right Acts of 1964, the many rebellions that followed in 1968, the Vietnam War, a national recession in the early 1970s, and the inability of seasonal business owners in Idlewild to be competitive with other outlets in the United States” (Stephens, 2001, p.11).

Sources

Hart, J. (1960). A Rural Retreat for Northern Negroes. Geographical Review, 50(2), 147-168. doi:10.2307/211505

Stephens, R. (2001). Idlewild: The Black Eden of Michigan. Arcadia Publishing

Rosie and Merle McCurdy relaxing on the beach at the Idlewild Club House in Idlewild, Michigan.

Built in the early 1920s, the club house was the center of activity for this vacation resort. From the 1950s to the 1960s, the club house and other nearby night spots showcased the talents of many well-known and upcoming black entertainers including Louis Armstrong, William “Count” Basie, “Peg Leg” Bates, James Brown, Sammy Davis, Jr, The Four Tops, Aretha Franklin, Della Reese, and Stevie Wonder.

From the personal collection of Brenda (McCurdy) Rhodes (unsent postcard written to a friend):

“We are having a good time in Idlewild, Mich. We go swimming every day. We went horseback riding and fishing too. We are staying in a cottage. Well, I have to go to bed now so I have to say goodbye.”

Source

Walker, L., & Wilson, B. (2002). Black Eden: the Idlewild Community. East Lansing, MI: Michigan State University Press.

Detective William Lonchar, Detective John Doyle, Merle McCurdy, and Norman Stern (left to right).

Described by Gerald (“Jerry”) S. Gold, a prominent Cleveland defense attorney, as “smooth as silk in the courtroom”, Gold had his first murder trial against McCurdy. McCurdy won the trial and Gold’s client was convicted of murder. Gold would later file a motion for a new trial and convinced the Judge to reduce the charge to manslaughter, which angered McCurdy. Regardless, they became close friends and played golf regularly at Cleveland’s Highland Park golf course.

Years later the two would find themselves again working together, this time on the same side. In 1960, McCurdy served as Cuyahoga County’s first Legal Aid Public Defender. Gold was asked if he might be interested in the Chief’s Assistant’s job. Although a significant reduction in pay, Gold accepted the chance to work with Merle.

Sources

Gold, G.S. by Dana, R. (Personal Communication, April 2015).

Miller, C. (2006). A Passion for Justice: A History of the Legal Aid Society of Cleveland, 1905-2005. Cleveland, OH: Legal Aid Society of Cleveland.

The McCurdy family receives news of Merle’s appointment as U.S. Attorney.

(Clockwise, starting far left) Roy McCurdy, Joseph C. Drew, Rosetta Scott, Brenda McCurdy (Rhoads), Merle McCurdy, and Myrna McCurdy Drew.

Merle’s continued success corresponded to a campaign promise made during John F. Kennedy’s campaign for President in 1960 to appoint more African Americans to federal government posts.

Sources

Gates, Jr., H. L. (2013, November 18). How Black Was JFK’s Camelot? The Root. Retrieved from https://www.theroot.com/how-black-was-jfks-camelot-1790898936

McCurdy Rhodes, B. by Dana, R. (Personal Communication, March 22, 2015).