News of the Day ... in Perspective8/17/2004
Man accused in “shaken baby” case released after 21 years.
A San Diego judge signed an order setting aside the murder conviction of Kenneth Marsh, 49, who was convicted of causing the death of his girlfriend’s toddler son in 1983. Marsh stated that he had left the room for a moment, heard a crash, and returned to find the child on the floor. He was sentenced to 15 years to life.
Marsh has been up before the parole board several times, but was denied release because he continued to maintain his innocence.
Dr. Sam Gulino of Hillsborough County, Florida, filed a report stating that the child’s injury might have resulted from deliberately inflicted trauma, but that this could not be proven “beyond a reasonable doubt or to a reasonable degree of medical certainty.”
Jury consultant Toni Blake states that there are about 2,800 cases of alleged “shaken baby syndrome,” and that 95 percent of the accused are convicted. If a child dies and has the findings attributable to shaken baby, anyone who was alone with the child is in serious danger of conviction.
Marsh will face a second trial if prosecutors decide to re-file the charges.