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Wilton
Dedge | Darren Koehn | Las Vegas Prosecutors
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Kenneth Marsh
- Wrongly Convicted Man
Sues County For $50 Million
- Plaintiff Spent 20
Years In Jail
NBC, San Diego, February
9, 2005
SAN DIEGO -- An inmate who was released from prison
after two decades when new evidence cast doubt on his conviction
has filed a $50 million claim against San Diego County.
Kenneth Marsh claims that county
officials conspired to convict him of killing his girlfriend's
2-year-old son in 1983. The claim also names Children's Hospital
and several doctors as potential defendants.
A claim must be filed against
a public agency before a lawsuit can be filed. Chief Deputy County
Counsel Nate Northup said Tuesday he had not seen the claim.
Marsh was released from prison
in August when San Diego County District Attorney Bonnie Dumanis
said new evidence cast reasonable doubt on his conviction.
Dumanis said in September she
would not retry the case.
Marsh was convicted in 1983
of the second-degree murder of Brenda Buell's son.
He maintains the boy fell off
of the couch and hit his head on a brick fireplace hearth.
Marsh was living with Brenda
Warter and her 2-year-old son in 1983 when the boy was fatally
injured. Prosecutors charged Marsh with second-degree murder
in connection with the crime.
Warter always maintained that
Marsh was innocent and said a blood disorder contributed to her
son's death. Marsh was recently freed from prison when new evidence
supported that claim.
The county has 30 days to respond
to the claim.
- Couple Set To Marry
After Waiting 21 Years
- New Evidence Sets
Convicted Killer Free
NBC San Diego,October 29,
2004
SAN DIEGO -- A man recently freed from prison after
spending 21 years behind bars for killing his girlfriend's son
is free and clear to marry that girlfriend.
Brenda Warter and Ken Marsh
Kenneth Marsh will marry Brenda
Warter Saturday at a ceremony in Fallbrook.
"This is the beginning
of our new life together," March told NBC 7/39.
Marsh added that he does not
spend much time reflecting on his prison sentence because he
is ready to move on with his life.
Marsh was living with Warter
and her 2-year-old son in 1983 when the boy was fatally injured.
Prosecutors charged Marsh with second-degree murder in connection
with the crime.
Warter always maintained that
Marsh was innocent and said a blood disorder contributed to her
son's death. Marsh was recently freed from prison when new evidence
supported that claim.
- New Trial Set For Man
Who Spent 21 Years In Prison
- Prosecutors Opt For
Retrial Despite New Evidence
NBC San Diego, August 18,
2004
SAN DIEGO -- Despite evidence of reasonable doubt,
San Diego prosecutors asked for a new trial for a man whose murder
conviction was overturned last week after he had served 21 years
in state prison.
At a hearing Tuesday morning
in the San Diego Hall of Justice, a judge set the retrial of
Kenneth Marsh, 49, for Sept. 30.
Marsh was released
from Donovan State Prison last week after prosecutors said a
review of medical evidence raised doubts about his guilt. District
Attorney Bonnie Dumanis said Marsh deserved a new trial.
Marsh has steadfastly maintained
his innocence despite his conviction and incarceration for the
1983 death of 2-year-old Phillip Buell. Marsh and the boy's mother,
Brenda Buell Warter, contend the boy died after falling and hitting
his head on the hearth of a brick fireplace in the College Area
home they shared.
Marsh was convicted in November
1983 and sentenced to 15 years to life in prison. He was eligible
for parole years ago, but he chose to remain in prison rather
than admit guilt to qualify for release.
After Tuesday's hearing, Buell
Warter said that a book, movie or TV deal about Marsh's case
could come down the line.
"The world needs to know
what happened," she told reporters.
Marsh, on the advice of his
attorneys, didn't comment on the specifics of his case.
"I just want it to be
over with," Marsh said outside court.
- Murder Conviction Overturned
After 21 Years In Prison
- New Evidence Raises
Doubts About Marsh's Guilt
NBC San Diego, August 11, 2004
SAN DIEGO -- A San Diego man imprisoned for 21 years
for the killing of a 2-year-old boy had his murder conviction
set aside by a judge Tuesday after prosecutors said a recent
review of medical evidence raised doubts as to whether he was
guilty.
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 the ruling.
At a hearing next week, Marsh
will learn if if District Attorney Bonnie Dumanis decides to
retry the case. But Emblem said he doubted she would.
"Logically, he's done
his 21 years," Emblem said. "The evidence is pretty
strong for his innocence."
Dumanis 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. It was a turn of events that Marsh had waited two decades
for.
"I almost fainted,"
Marsh said. "I couldn't believe it. I was in shock. I just
couldn't believe it."
Dr. Sam Gulino said 2-year-old
Phillip Buell may have been beaten, but Gulino was unable to
conclude beyond a reasonable doubt that the boy was a victim
of child abuse.
Marsh has always maintained
his innocence, and Phillip's mother, Brenda Buell Warter, has
supported him. Buell Warter said she was "grateful"
for Dumanis' decision.
"Oh, it's the biggest
burden lifted off my shoulders," Warter said Tuesday night.
"Now I can finally let my little guy rest in peace."
Marsh told police he was baby-sitting
her two children when he heard a crash from another room and
found Phillip on the floor in front of a brick fireplace hearth.
Detectives determined the boy's
death resulted from a fall, but doctors from Children's Hospital
said he was beaten.
Marsh was released from Donovan
State Prison on Tuesday night. He spoke to reporters later outside
the San Diego Hall of Justice.
"I still can't believe
this really happened," he said. "I'm afraid to fall
asleep because when I wake up, I might be in a prison cell somewhere."
He said that he is not angry
at anyone for what happened to him, but he said his case shows
that people working in the justice system can make mistakes.
"I'm innocent, and I was
not going to settle for anything less," he said. "One
of the things I've really learned is how strong a family can
be. Never give up hope. And never take anything for granted,
because it can be gone in a heartbeat."
- Trial News Moves Convicted
Murderer To Tears
- Supporters Rally
Behind Marsh
NBC, August 5, 2004
SAN DIEGO -- Convicted murderer Kenneth Marsh (pictured,
left) broke down in tears Thursday upon hearing that he will
be granted a new trial.
Dozens of Marsh supporters
rallied outside Donovan State Prison as defense attorneys gave
him the news.
"When I got the information
yesterday, my hands went numb," said Defense Attorney Tracy
Emblem. "I'm sure he must have been feeling the same way.
He must have been walking around in a daze."
"It's been 21 years of
a good man suffering," said Brenda Buell-Warter, mother
of Philip Buell, the two-year-old boy Marsh was convicted of
murdering. "The only consolation is that he probably helped
a lot of people in there."
Buell died in Marsh's care
in 1983. Doctors at Children's Hospital believed he was beaten
and a jury convicted Marsh of murder.
Marsh always maintained his
innocence and Buell's mother stood by Marsh, saying her son had
an undiagnosed blood disorder that could have contributed to
his death. Now, prosecutors say new forensic evidence shows reasonable
doubt in the case.
Marsh has served 21 years in
prison.
|
 Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
Truth suppress'd, whether
by courts or crooks, will find an avenue to be told. Sheila Steele, injusticebusters.com
If you hold the mouth
of Truth, It will burst out its rib-cage. Somali proverb
Publisher : Sheila
Steele
Got something
to say about this or any other stories on this site? Go to injusticebustersblog Participate!
- injusticebusters
court advice :
- How to walk yourself through the justice system
-
- Why you should dump your preliminary hearing (written July 1998 and still valid)
-
- Sermonette:
The
Naked Truth -- (You
will find links to many more sermonettes in the sidebar on this
page
Another target
of Dueck's malice: : Wilf Hathway
Our activism
contributed greatly to the good vibes which happened around the
civil trial.
Index
to the stories on this website
This is not
regularly updated so if you are looking for a particular story
and you have a name or keyword, please use the site search engine(at
the bottom of the page) which IS regularly updated
Index to Saskatoon Police stories
This is a pretty good scrapbook
for the 1998-2002 period.
Inquiry into the malicious prosecution of David
Milgaard untanling 36 years of Saskatchewan police and Crown
misconduct: : Opening day 1 | 2
| 3 | 4
| 5 | 6
| 7 |
- Stephen
Williams: Canadian
writer subject to Stasi-like treatment by Canadian police
- Terry
Arnold: : Snitch a
suicide?
- RCMP
scenario stings: Brian
Hutchinson starts digging
- Gary
wells: Faulty eye-witness
testimony
- Tulia,
Texas
- Gilmer,
Texas
- Willie
Upshaw
- Wrongfully convicted in Canada
- Foster Parent false accusations
- Martensville
- Don
Smith obscenity trial: an obscene conviction
- James
Lockyer
- Hurricane
Carter
- Johnny Cochran speaks up for
Bill Sampson
- Vopnis
- Abdulai
Mohamed
The Terrible Story behind the Atif Rafay and
Sebastian Burns convictions
Trial
set for June 15
We
know part of this disclosure is a forged statement and perjured
affidavit from a Winnipeg cop
-
-
-
-
The
Crown is still fighting Fred Poirier -- and they are losing.
Secret Commissions Case from Northern B.C.
-
-
- 2005: In
the United States the proven wrongful convictions just keep coming
at us!
-
- Brandon Morin:
- Convicted in Oregon
- of rapes which did not happen
- This website has good information
about Measure 11 -- Oregon's Mandatory Sentencing requirements
which have been in place since 1994. In this case we see how
the combination of a flawed grand jury system and prosecutors
who seek not justice but convictions is a recipe for wrongful
convictions.
-
Canadians who
have been wrongfully convicted because of improper investigations
combined with zealous Crown
A round-up of wrongful convictions in Canada
- Robert
Baltovich
- Michael Burns
- Sebastian Burns
- Rodney
Cain
- Wilbert
Coffin
(hanged, 1953)
- Jason
Dix
- Jim
Driskell
- Jody
Druken
- Randy
Druken
- Hugues
Duguay
- Michel Dumont
- Peter
Frumusa
- Walter
Gillespie and Robert Mailman
- Clayton Johnson
- Yvonne Johnson
- Herman
Kaglik
- Darren
Koehn
- Kulaveeringsam
"Kulam" Karthiresu
- Stephen Leadbeater
- Donald Marshall
- Chris McCullough
- Michael
McTaggart
- Felix
Michaud
- David Milgaard
- Guy
Paul Morin
- Shannon
Murrin
- Jamie
Nelson
- Greg
Parsons
- Benoit Proulx
- Atif Rafay
- Louise
Reynolds
- Thomas
Sophonow
- Gary
Staples
- Billy
Taillefer
- Steven
Truscott
- Joe
Warren
- Leon
Walchuk
-
- AIDWYC
- Innocence Project (Canada)
- Innocence Project (U.S.)
- Northwest Law Center on Wrongful Convictions
-
- Kirstin Lobato
- Jeffrey
Scott Hornoff
- Willie
Upshaw
- Hurricane
Carter
- Guildford
4
- Birmingham
6
- Amirault
- Houston
- U.S. wrongful convictions:
Exonerateed
- Kirk
Bloodsworth
- Laurence
Adams
- Ludrate
Burton
- Stephen
Cowans
- Wilton
Dedge
- Albert
Johnson
- Kenneth
Marsh
- Dwayne
McKinney
- James Bernard Parker
- Peter
Reilly
- Peter
Rose
- Sylvester
Smith
- Clifford
St. Joseph
- John
Stoll
- Marty
Tankleff
- Wilton
Dedge
- Ray
Krone
-
- Still working on it:
- Dennis Deschaine
- Dennis
Perry
- Tim
Sandfort
-
-
|
Revitalizing the
archives
From 1998 until
2002, injusticebusters was in the throes of identity crisis.
What was it? What were we doing? We grappled with editorial policy
at the same time we were learning the nuts and bolts of building
and posting a website. Once we had a secure, paid site I had
full editorial control, although I talked regularly to Richard
Klassen who was forced to move his family several times and did
not always have access to the internet. Rick's pages: one | two
We posted our
earliest and later actions.
Early versions
of the site can be found on the Wayback Machine.
I began following
other threads to stories of police and prosecutorial misconduct
and the site's character took on another facet: a newsclipping
scrapbook where stories could live longer than they would in
print form. I also began picking up other stories of wrongfully
convicted people. It was an explosion. By 2003 there were over
700 pages. I also had contact with several other people (Don Smith, Leon Walchuk, Monique Turenne, the Vopnis) and kept these stories
going.
It was the
story of the Ross children's treatment at the hands of the Saskatchewan
government which grabbed the attention of The
Fifth Estate.
The civil claim (The $10M Lawsuit as we called it) was only mentioned
briefly at the end of their show which aired in November, 2000.
When Richard
Klassen began to make progress in bringing his civil claim to
court, the government and police defendants alleged he was breaking
the rules of court by publishing discovery material on the internet.
- MacNeil clinic (the document which started it all)
- The Thompson Papers
- Carol
Bunko-Ruys reports
This claim
was absolutely false. However, rather than risk being thrown
out of his civil claim, Klassen undertook before Judge Mona Dovall
to sever all ties with the website.
The court fights:
- Les
Perreaux report
- QB271
These pages have links which
lead to other pages from that era. Now that some of the dust has settled,
I have been going back through the material we had posted in
the early days. In the spirit of keeping the scrapbook alive,
I have been reformatting and placing links. The original material
remains intact. I hope the information, which chronicles our
struggle is useful to you.
The identity
crisis is over. We know who we are --Sheila Steele, March
28, 2005
|
-
Blogging
Blogging has been in the news.
It is the new, trendy thing with 40,000 new blogs being created
each day. I established a blog for this website last September
and it is now "taking off." These are a few of the
pages with ongoing discussions.
- Tasering Mary Lutz
- Saskatchewan Centenary
- Quint Blog discussion
- Rotten apples in the Saskatoon Police
- Blogging for choice
- Michael Cardamone witch hunt
- Implement recommendations of public
inquiries
- Stealing from the poor
- Vancouver's killer cops
- Tisdale rapists appeal
- Winnipeg police misdeeds
- Milgaard Inquiry
- Chief Sabo: can he be trusted?
- The Old Boys' Club Must Go!
- Vancouver activists
- John Hudak: Falsely accused mountie
- City of intolerance
- Constable Larry Lockwood: Exciteable!
- Eric Cline
This is a great way for like-minded
people to communicate and share our views. It is easier than
making a website and marginally more difficult than a forum.
People who want to contribute
simply have to punch the "comment" link and they will
be taken to a page with a box which allows them to write their
comment, preview and post it. It takes a while for the comment
to show up and some people get impatient and repost. That's fine,
I trash the duplicate posts and no harm done.
Please, please give it a try.
The internet is distinguished from other media in that it is
really and truly interactive. Blogging makes it possible to express
your viewpoint even if you don't have a computer. You can go
to the library or a friend's place or an internet cafe. Once
you've mastered the basics (and believe me, if I can do it, you
can do it) you will be participating in one of the most democratic
-- and potentially powerful -- media the world as we know it
has ever seen.
Come on. Don't be shy. Join
the Weblog World! -- Sheila Steele, March 20, 2005
Toronto
Police paid out $30M in secretly resolved claims over last five
years
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