California Mom Agrees To Settle Suit Over Child Autopsy Photo

December 23, 2013

A woman who sued San Diego County over the release of an autopsy photo of her 2-year-old son has settled the privacy case for $125,000.

A lawyer for Brenda Marsh tells U-T San Diego that she settled the case before state trial last month. The attorney, Donny Cox, says the county didn’t acknowledge any liability.

The paper says county officials declined to comment.

Marsh’s son, Phillip Buell, died in 1983. Her boyfriend, Kenneth Marsh, claimed the boy accidentally hit his head but he was convicted of beating the child to death. Marsh spent 21 years in prison before charges were dropped.

When he sought compensation for the imprisonment, the original prosecutor sent local media materials that included the child’s autopsy photo – prompting the lawsuit.

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