BY MICHELLE SHAW
| COMMUNITY PRESS STAFF WRITER
BATAVIA
-- While they spent the morning in the Hamilton County jail, a
grand jury in Clermont County indicted David and Liz Carroll on
numerous counts concerning the death of their foster child
Marcus Fiesel.
David Carroll was indicted on
eight counts, mirroring Liz Carroll's seven counts, with an
additional charge of gross abuse of a corpse. The Carrolls'
charges include murder, involuntary manslaughter, kidnapping,
felonious assault and three counts of endangering children. The
grand jury met Sept. 6.
If found guilty on all charges,
sentences could range from 35 years to life, said Daniel "Woody"
Breyer, Clermont County assistant prosecutor.
The large number of counts came
in an effort to charge the Carrolls with as many counts as
possible to support the murder charge.
The kidnapping charge came from
the fact that the Carrolls restrained Fiesel of his liberty
which is considered kidnapping when the victim is under age 13
or mentally incompetent under Ohio law, Breyer said.
Felonious assault charges were
filed because Marcus Fiesel sustained serious physical harm as a
result of being bound, Breyer said.
Breyer and Clermont County
Prosecutor Donald White spent about an hour with the grand jury
to get the indictments and now are attempting to schedule the
arraignment of the two for Thursday, Sept. 7.
Further, while no date has been
set for the trial, White said the traditional requirements would
have the trial set within 90 day of Monday, Aug. 28, when the
Carrolls were arrested.
According to the prosecutors,
this is the last the public should expect to hear from the
prosecuting team in an effort to avoid trying this case in the
press as well as in an effort to find an acceptable jury in
Clermont County.
"From this day forward, we're
really not going to be talking about this case," White said.
"We'll let the facts and the law speak from where it is supposed
to, the courtroom. We're going to try this case from the
courtroom from here on out."
White expressed his desire to
be able to find a jury from the county to try this case, but
because of the widespread information in the area, it remains to
be seen if the defense will attempt to move the case to another
part of the state.
"I'm sure one will be found,"
Breyer said. "But, we will just have to wait and see what
happens."
Prosecutors plan to try the
couple separately although they will be moved to Clermont County
and arraigned at the same time. When the two are moved a new
bond will be set for them in Clermont County.
"Ten million seemed like a fair
number," Breyer said referring to the bond set in Hamilton
County last week for involuntary manslaughter, child endangering
and for David Carroll, gross abuse of a corpse. "And, this is
even more serious, so we will start there."
An expected absence from the
indictments was Amy Baker, who lived with the family and gave
the police the information required to charge the Carrolls.
Although Breyer was quick to
point out that Baker's immunity only goes as far as she was
honest with the police and that she did not inflict any harm on
Fiesel.
"If you beat your kid in front
of me, you are responsible, I am not," Breyer said. "Amy Baker
is the be all, end all to this case."
While today prosecutors are not
keeping tabs on Baker's whereabouts, when asked about the chance
of her not showing at the trial, they are confident that won't
be the case.
"She'll be there," White said.
