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Sept. 5, 2006, 10:25PM

 Mother sues county in foster child death
 

By TERRY KINNEY Associated Press Writer
© 2006 The Associated Press

HAMILTON, Ohio — The mother of a 3-year-old developmentally disabled child who died in foster care filed a $5 million lawsuit Tuesday against county officials, the foster parents and the agency that placed the boy.

The foster parents, Liz and David Carroll Jr., are jailed on charges that include involuntary manslaughter.

Prosecutors say the couple wrapped the boy in a blanket and packing tape, and left him in a closet while they went to a family reunion in August. The boy, Marcus Fiesel, was dead when the Carrolls returned two days later. Prosecutors believe David Carroll burned the boy's body and may have dumped some of the remains in the Ohio River.

The Carrolls are being held on $10.1 million bond each, and prosecutors have said they plan to seek murder indictments.

Marcus' mother, Donna Trevino, is suing the Carrolls and the government and private agencies involved for negligence, claiming they failed to adequately supervise the placement and treatment of her son, said her attorney, Kevin Hughes.

The young boy and two other children had been removed from Trevino's Middletown home because of allegations she neglected them.

"If she would have paid attention half as much to Marcus as she's doing now, we wouldn't be in this situation today," Hamilton County Prosecutor Joe Deters said Friday at a news conference where a potential lawsuit was mentioned. "She should mourn her child, but to angle this for money, I think, is outrageous."

Trevino's lawyer, Kevin Hughes, said she shouldn't be vilified for suing.

"She is, unfortunately, the only one with the ability to bring the claim. She has lost the life and affection of her son," Hughes said.

Other defendants in the lawsuit are the Butler County commissioners and the county's Children Services department; Lifeway for Youth Inc., the private agency that placed the child with the Carrolls; and Amy Baker, who lived with the Carrolls and helped investigators in the case.

Dawn Grady, a Children Services spokeswoman, said officials had not seen the lawsuit and had no comment.

 

 

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