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Declaration by: Gerald Barton Brubaker, Phillip Buell's Uncle
I,GERALD BARTON BRUBAKER, declare as follows:
I am the Uncle of the victim, the decedent Phillip A. Buell. My sister is Brenda Buell Warter. My nephew Phillip died tragically in 1983. Ken Marsh was wrongfully convicted of his murder in 1984. I am submitting this declaration in support of the instant petition for writ of habeas corpus. I testify that everything included in this declaration is true and written by me. I am writing this letter in the hope that Ken Marsh (an innocent man) be immediately released from prison. I have NEVER believed that Ken committed the crime of second degree (or any other degree) manslaughter against my nephew Phillip. I have known (and spent time) with Ken Marsh from when he first met my sister. He was the most kind and gentle man my sister has ever been with in her whole life. I know this for a fact. Everybody loved, and still loves Ken. I not only knew that he was never capable of committing this crime, I also felt and still feel it in my heart. The case against him is a setup to save a lot of important people from admitting their mistakes in the handling of Phillip. They have tried to cover things up and save themselves from possible prosecution, or future lawsuits involved in this case. Why do you think that they told so many lies? Why weren't the Detectives called in to testify? Why were things not performed that should have been? Why were so many key pieces of evidence lost or destroyed? There is so much proof to this in the writ. Ken Marsh has suffered enough for a crime he didn't commit. I am not a soft heart when it comes to crime. I strongly believe in the death penalty. If I thought for a second that Ken did this, I would be screaming for his head on a platter. I loved Phillip more than anything in the world. I would be screaming for justice for Phillip. Just as I am screaming right now for justice for Ken.
I certify under penalty of perjury that all the above is true.
Executed at Hadsten, Denmark on January, 2003
By: GERALD BARTON BRUBAKER
