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Old 08-11-2004, 10:14 AM
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sunkissed sunkissed is offline

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Default Conviction Is Voided After 21 Years in Prison



Conviction Is Voided After 21 Years in Prison
From Associated Press

August 11, 2004

SAN DIEGO — A San Diego man imprisoned for 21 years for the killing of
a 2-year-old boy was freed Tuesday after a recent review of medical
evidence raised doubts about the case.

Prosecutors said last week that Kenneth Marsh, 49, deserved a new trial
because the evidence cast doubt on whether the boy, his girlfriend's
son, was a victim of child abuse.

"He'll be seeing the stars tonight for the first time in 21 years,"
Marsh's attorney, Thor Emblem, said after a judge Tuesday set aside
Marsh's conviction.

Dist. Atty. Bonnie Dumanis must now decide whether to retry the case.
She opposed efforts two years ago to set aside Marsh's conviction, but
changed her mind after she hired an independent forensic pathologist to
review the case.

Marsh has always maintained his innocence, and the boy's mother, Brenda
Buell Warter, has supported him.

He told police he was baby-sitting when he heard a crash from another
room and found Phillip in front of a brick hearth.

Detectives determined that the boy died from a fall, but doctors from
Children's Hospital said he was beaten.

Marsh left Donovan Correctional Facility in San Diego on Tuesday night.

Copyright 2004 Los Angeles Times
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Old 08-11-2004, 07:46 PM
Eric's Homegirl Eric's Homegirl is offline
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My question is this" How do you give back 21 years to a man that was convicted of abusing a 2 year old child"? And then under discovery was found
innocent after all? Our justice system makes some very harsh and inhumane
punishment to some...I wish this man a new life of happiness and peace.
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