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Declaration by: Jessika Buell, Phillip Buell's Sister

I, JESSIKA BUELL, declare:

1. I am the sister of the victim/decedent, Phillip A. Buell. Phillip died on April 28, 1983. I am submitting this declaration in support of the instant petition for writ of habeas corpus. I can competently testify to the following:

2. In November 1983, the petitioner, Ken Marsh, was convicted of the second-degree murder of Phillip who was then 2 1/2 years old. The petitioner was sentenced to a 15-year to life prison term and is still in prison.

3. I am very disturbed over the injustice that I feel that occurred in this case, not only for the petitioner, but also for my entire family. I am personally asking this court to re-open the case and review Phillip's medical records and the medical testimony that convicted the petitioner. I believe that a full review of the medical evidence involving my brother’s death has never been done.

I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct.

Executed in Colorado, on September, 2002.

By: JESSIKA BUELL


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