| Journal News
BATAVIA — The foster parents accused
in Hamilton County in the killing of 3-year-old Marcus Fiesel were
indicted Wednesday in Clermont County on charges that could lead to
life prison terms.
A Clermont County grand jury indicted
Liz and David Carroll Jr. each on seven felony charges, including
murder, involuntary manslaughter, kidnapping, felonious assault and
three counts of endangering children. Additionally, David Carroll
Jr. was indicted on gross abuse of a corpse for allegedly taking the
boy's body to an abandoned chimney in rural Brown County to burn the
remains.
"Putting everything in this
indictment, I would obviously hope there would be a conviction of
murder," said Clermont County Chief Deputy Prosecutor Woody Breyer.
The Carrolls will be arraigned today
in Clermont County Common Pleas Court, where they likely will face a
similar bond set in Hamilton County two weeks ago of more than $10
million each, said Breyer and Clermont County Prosecutor Donald
White.
The murder counts carry sentences of
15 years to life. If convicted on all charges, the Carrolls could
each face sentences of 35 years to life in prison, Breyer said.
Death penalties will not be sought,
Breyer said, because officials are unable to prove the intent of the
crime. Their cases will be tried separately and within the next 90
days unless a time waiver is filed, officials said.
The Union Twp. couple earlier pleaded
not guilty to involuntary manslaughter charges filed Aug. 28 in
Hamilton County, where they sparked a massive four-day search after
claiming the developmentally disabled former Middletown boy
disappeared Aug. 15 from an Anderson Twp. park when Liz Carroll
allegedly passed out due to a heart condition.
Because of the new charges, the
involuntary manslaughter charges filed last week will be dropped,
said Mark Piepmeier, assistant prosecutor in Hamilton County.
However, other charges — including
making a false alarm and inducing panic — will be pursued, Piepmeier
said. Additionally, Liz Carroll faces two perjury charges.
The Carrolls, with whom Marcus was
placed in May from a private foster agency hired by Butler County
Children Services, bound the toddler in a blanket and locked him in
a closet Aug. 4 in their home while they went to a family reunion in
Kentucky, according to police and court reports. Marcus died there —
cocooned with his hands tied behind his back. David Carroll
allegedly took the small body and burned it multiple times to cover
up the crime, prosecutors have said.
The story of Marcus' disappearance
from Julifs Park was a hoax, police have said. A friend of the
Carrolls, who was living in their home, told law enforcement
officials a very different story.
While Hamilton County Prosecutor Joe
Deters said David Carroll's live-in girlfriend, Amy Baker, is not
the linchpin of evidence against the couple, Clermont County
officials Wednesday discussed her importance.
Baker has cooperated with law
enforcement officials, and as a result has not faced charges in
either county. Breyer said Baker's immunity depends on two key
facts: that she caused no harm to Marcus, and that she remains
honest with prosecutors.
"Amy Baker is the be-all, end-all to
this case," Breyer said. "The fact remains that if it weren't for
Amy Baker, we wouldn't be where we are today."
Prosecutors stressed they did not
want to try the case in the media and would be guarded with future
statements to avoid tainting a potential jury pool.
"In this case, I think we have heard
enough," White said. "It's already gotten more than it needs,
publicity-wise."
Contact this reporter at
(513) 705-2840 or dgreber@coxohio.com.
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