Man Files Wrongful Conviction Suit After 21 Years in Prison

By Merylee Robbins

Published on August 11, 2005

Prosecutors decided to free Kenneth Marsh after reviewing the medical evidence presented during his murder case 21 years ago. After examining the evidence, prosecutors discovered that it could not be decided beyond a reasonable doubt or to a reasonable degree of medical certainty that the child's head injury was the result of physical trauma inflicted by Marsh. Throughout the trial and his imprisonment, Marsh has staunchly maintained that the child, Phillip Buell, fell while Marsh was babysitting him and had momentarily left the room.

Marsh is suing San Diego Children's Hospital and its past director, Dr. David Chadwick for erroneously presenting medical evidence to implicitly blame Marsh for Buell's death during his 1983 trial, leading to his wrongful conviction and imprisonment.

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