Murder of Marcus Fiesel

Last updated

Marcus Fiesel
Marcus Fiesel.jpg
Born(2003-06-24)June 24, 2003
United States
DiedAugust 4–6, 2006 (aged 3)
Union Township, Clermont County, Ohio, United States
Cause of death Hyperthermia
Known forChild culpable homicide victim

Marcus Fiesel was an American 3-year-old child who was murdered in Clermont County, Ohio, in August 2006. Fiesel had recently been removed from his mother's care by child protective services, and placed into foster care with David and Liz Carroll in Union Township, where he died from hyperthermia after being restrained and neglected in a closet for a two-day period. On February 21, 2007, Liz Carroll was convicted of murdering him. On February 26, 2007, it was announced attorneys for David Carroll had reached a plea agreement. [1]

Contents

Background

Marcus Fiesel was born on June 24, 2003, and spent the first three years of his life in Middletown, Ohio, with his mother Donna Trevino (née Fiesel) and his two siblings, Michael and Peaches. He was described by a neighbor as "an awesome little guy" who loved flowers, Bob the Builder , and bubbles. According to friends, Fiesel was autistic and attended a school for special needs children. Fiesel was a very active child, and his mother found it difficult to cope with him, and a neighbor said she occasionally saw Trevino weeping with exhaustion. Frequent calls to the police were made to the home as Trevino was a regular victim of domestic violence at the hands of her boyfriend, and during these visits police officers noticed that the home was infested with fleas and reeked of feces. On September 29, 2005, police observed severe bruising on Fiesel's left buttock, and the family was also being investigated by child welfare workers who had received complaints of abuse. In January 2006, Fiesel crawled out of his second-story window and fell off the roof, resulting in a cut to his chin that required stitches. In April 2006, Fiesel was found wandering the streets and was almost hit by a car. Trevino told police that "she didn't know if she could care for her children any more and that it was getting to be too much for her." Butler County Job and Family Services was granted temporary custody. [2]

Foster care

Lifeway for Youth, a private agency contracted by the state foster care system, placed Fiesel in the care of foster parents Liz and David Carroll, a couple from Union Township in nearby Clermont County. At the time, Lifeway for Youth were unaware that David Carroll had a mental health issue that would have disqualified him from foster parenting if known, and that a third adult, Amy Baker, said to be the Carrolls' girlfriend, was living in the home. In June 2006, David Carroll was arrested on a domestic violence charge that was later dismissed, and did not report the arrest to Lifeway for Youth as required. [3] Family and friends said that David Carroll did not like Fiesel and was jealous of his "constant" need for attention from Liz Carroll and Baker. At one point, Carroll left his wife because he was not sure he wanted a life with her raising foster children. When he moved back in with his wife, he brought Baker with him. [4]

Disappearance

Liz Carroll reported that Fiesel had gone missing on August 15, 2006. She said that she had blacked out due to low blood pressure at Juilfs Park in neighboring Anderson Township, where she was with four children: a child she had with David Carroll, another foster child, a toddler she was babysitting, and Fiesel. Carroll said when she regained consciousness, Fiesel was missing. [4] [5]

Hundreds of people, and search dogs, searched the area as part of the official search for Fiesel. Thousands more searched surrounding neighborhoods independent of the official search. [4]

On August 22, 2006, Liz Carroll held a press conference asking that whoever may have taken Fiesel return him. She said, "I need help from the public to help my son, Marcus is my son. I know people think foster care is temporary, but please return him to a hospital.[...] Waking up every morning and not having him run to me is very difficult. I am closer than his birth mother to him." [5] Because no witnesses reported seeing Fiesel in the park with Liz Carroll on August 15, and no trace of him was found, police and the public grew suspicious of Liz and David Carroll's claims. [6]

Discovery of Fiesel's death

Fiesel's incinerated remains were discovered on an 88-acre (360,000 m2) estate owned by Mike Cales in Brown County, Ohio. Police said that Liz and David Carroll had left Fiesel locked in a closet, bound with a blanket and packing tape, while they attended a family reunion in Williamstown, Kentucky on August 4–6, 2006. [7] This was confirmed by Liz Carroll in testimony before a grand jury on August 28, 2006; she claimed, "I didn't have any intentions of hurting him." [8] Fiesel was left without food or water, but authorities believed he was killed by heat rather than dehydration or starvation, as temperatures in the closet may have reached 105–110 °F (41–43 °C). They found him dead when they returned home. Authorities believed it was David Carroll and Amy Baker who incinerated Fiesel's body. Amy Baker was granted immunity in Ohio in return for testimony, but she faced extradition from Ohio to Kentucky for a tampering with evidence charge brought against her by Mason County. Amy Baker confessed to helping to dispose of the body in the Ohio River, but charges against her were dropped. [6] [9]

Charges against Liz and David Carroll

Both Liz and David Carroll were indicted in Clermont County and Hamilton County for playing a part in Fiesel's death and hindering the police investigation into Fiesel's disappearance.

On August 28, 2006, Liz and David Carroll were indicted by a Hamilton County Grand Jury on two counts of child endangerment, and one count of involuntary manslaughter. David Carroll was charged with an additional count of gross abuse of a corpse. [10] [11] [12]

A day later on August 29, 2006, additional Hamilton County indictments were made against the Carrolls. Both David and Liz were charged on one count of making false alarms, and one count of inducing panic. Furthermore, David was charged with one count of gross abuse of a corpse. Liz was charged with two additional charges of perjury. [13]

On September 1, 2006, Clermont County Prosecutor Don White and Hamilton County Prosecutor Joe Deters held a joint press conference, where they discussed plans for prosecuting the defendants. All murder and/or homicide charges were to be prosecuted by Clermont County, since Fiesel's death occurred inside the Carrolls' Union Township home. However, since State of Ohio contends the Carrolls attempted to cover up Fiesel's death in Anderson Township in Hamilton County, all charges related to inducing panic and covering up the death of the child would be prosecuted in Hamilton County. [14]

Several days later on September 6, 2006, a Clermont County grand jury indicted David Carroll on eight criminal counts. The charges against the Carrolls included: murder (1 count each), involuntary manslaughter (1 count each), kidnapping (1 count each), felonious assault (1 count each), endangering children (3 counts each). David Carroll was also charged with one count of gross abuse of a corpse. [15] [16]

Trials

Liz Carroll was found guilty of all charges on February 21, 2007. The jury, made up of nine women and four men, deliberated for 4–6 hours. The trial lasted for 10 days beginning on February 12, 2007, and ending on February 21, 2007. Her lawyer Gregory A. Cohen promised to appeal. The appeal was also over a report that a juror reportedly said in an interview that she "knew in her heart Liz Carroll was guilty".[ citation needed ]

During closing comments the assistant prosecutor Daniel Breyer said "They say you wouldn't treat a dog like that, and you know what? She [Liz] wouldn't! She took the dog with her. She took the dog with her." He referred to the Carrolls taking their dog with them to their family reunion, but leaving Fiesel at home. After the assistant prosecutor's closing remarks Liz Carroll said: "The dog was alive!" [17] [18]

She was sentenced to 54 years to life on February 22, 2007.

After accepting a plea deal, David Carroll pleaded guilty to murder and gross abuse of a corpse. The judge accepted his plea, and sentenced Carroll to 15 years to life in prison. Carroll said that Amy Baker bound Fiesel, but he admitted he was present.

On Friday, April 20, 2007, the Commonwealth of Kentucky charged Amy Baker with evidence tampering. Prosecutors in Kentucky claim that the immunity she was given was only with the state of Ohio and Kentucky has jurisdiction over the Ohio River. She waived extradition and defended charges brought against her in Kentucky, which carry a maximum five-year sentence. Her attorneys are moved both to dismiss all charges against her and to suppress all testimony given by her in the prosecutions of Liz and David Carroll and alleged that the Kentucky prosecutor promised Ohio prosecutors to give Amy Baker immunity in Kentucky as well. Her trial was set for November 7, 2007, in Maysville, Kentucky. Her charges were then dropped in early 2008.[ citation needed ]

Memorials

On Saturday, April 21, 2007, the chimney which was used to burn Fiesel's remains was demolished and turned into a memorial to him in a peaceful setting.[ citation needed ]

In Hanlon Park-Georgetown, Ohio, a bench was dedicated to his memory on what would have been his 4th birthday, June 24, 2007.[ citation needed ]

Effects on foster care in Ohio

The case of Fiesel's death has led to many questions over the placement of foster children within the state of Ohio and elsewhere. Lifeway, the agency that placed Fiesel with the Carrolls, had its license revoked. [8] Several bills have been put before the United States Congress and investigations continue into why Fiesel was placed with the Carrolls. Many placement organizations have since modified their procedures and intensified their background screening for potential foster parents. In all, state legislators, foster care workers, and child advocates have recommended 55 changes to Ohio's foster care system. [19]

See also

Related Research Articles

<span class="mw-page-title-main">Clermont County, Ohio</span> County in Ohio, United States

Clermont County, popularly called Clermont, is a county in the U.S. state of Ohio. As of the 2020 census, the population was 208,601. Ordinanced in 1800 as part of the Virginia Military District, Clermont is Ohio's eighth oldest county, the furthest county west in Appalachian Ohio, and the eleventh oldest county of the former Northwest Territory. Clermont County is part of the Cincinnati, OH-KY-IN Metropolitan Statistical Area. The county is named from the French "clear hills or mountain." Its county seat is Batavia, while its largest city is Milford.

<span class="mw-page-title-main">Arlington Heights, Ohio</span> Village in Ohio, United States

Arlington Heights is a village in Hamilton County, Ohio, United States. It is a northeastern suburb of Cincinnati. The population was 823 at the 2020 census. The village is almost completely contained within the wide median of the Mill Creek Expressway, one of the few urban splits of freeway lanes in the country.

<span class="mw-page-title-main">Loveland, Ohio</span> City in Hamilton, Clermont, and Warren counties in Ohio, United States

Loveland is a city in Hamilton, Clermont, and Warren counties in the southwestern part of the U.S. state of Ohio. The population was 13,307 at the 2020 census. Considered part of the Cincinnati metropolitan area, Loveland is located near exit 52 off Interstate 275, about 15 miles (24 km) northeast of the Cincinnati city limits. It borders Symmes, Miami and Hamilton townships and straddles the Little Miami River. Once a busy railroad town, Loveland is now a major stop along the Little Miami Scenic Trail.

<span class="mw-page-title-main">Interstate 275 (Ohio–Indiana–Kentucky)</span> Highway in the United States

Interstate 275 (I-275) is an 83.71-mile-long (134.72 km) highway in Ohio, Indiana, and Kentucky that forms a complete beltway around the Cincinnati metropolitan area and includes a part in a state (Indiana) not entered by the parent route. It had been the only auxiliary Interstate that enters three states, but that changed in July 2018 when I-295 in Delaware and New Jersey was extended into Pennsylvania. It is the longest beltway with an Interstate highway designation in the United States, enclosing an area of over 250,000 acres (100,000 ha). It is also the third longest beltway overall in the United States; only the Sam Houston Tollway and the Grand Parkway, both encircling Greater Houston, are longer. For a short distance in northwest Hamilton County, it overlaps with I-74 and US Route 52 (US 52).

<span class="mw-page-title-main">Jean Schmidt</span> American politician (born 1951)

Jeannette Mary Schmidt is an American politician who is a state representative in Ohio's 62nd district. She was a U.S. Representative for Ohio's 2nd congressional district, serving from 2005 to 2013. She is a member of the Republican Party.

Nathaniel Webster, Jr. is a former American football linebacker who played for the Tampa Bay Buccaneers, Cincinnati Bengals and Denver Broncos of the National Football League (NFL). He was drafted by the Buccaneers in the third round of the 2000 NFL Draft. He played college football at Miami (Fla.).

Wilson v. State, 652 S.E. 2d 501, 282 Ga. 520 (2007) was a Georgia court case brought about to appeal the aggravated child molestation conviction of Genarlow Wilson.

The Garlin case refers to the murder of Tammie Garlin and the earlier physical abuse of Garlin's 11-year-old son on June 4, 2007, by their roommate Candace Clark, Clark's boyfriend Michael Sisk, and Garlin's girlfriend Michaela Clerc. Garlin's 15-year-old daughter, Felicia Mae, was tried as a juvenile for being a willing participant in her mother's murder and the abuse of her brother. The case drew attention to blind spots in the U.S. state of Florida's child-protection system.

<span class="mw-page-title-main">Donald Harvey</span> American serial killer (1952–2017)

Donald Harvey was an American serial killer who claimed to have murdered 87 people, though official estimates are between 37 and 47 victims. He was able to do this during his time as a hospital orderly. His spree took place between 1970 and 1987.

<span class="mw-page-title-main">Easter Sunday Massacre</span> Mass shooting on Easter Sunday 1975

The Easter Sunday Massacre occurred on Easter Sunday, March 30, 1975, when 41 year-old James U. Ruppert fatally shot eleven members of his own family in his mother's house at 635 Minor Avenue in Hamilton, Ohio.

On February 12, 2010, three people were killed and three others wounded in a shooting at the University of Alabama in Huntsville (UAH) in Huntsville, Alabama, United States. During a routine meeting of the biology department attended by approximately 12 people, Amy Bishop, a biology professor at the university, began shooting those nearest her with a Ruger P95 handgun.

<span class="mw-page-title-main">Anthony Kirkland</span> American serial killer on death row

Anthony Kirkland is an American serial killer. Between 2006 and 2009, Kirkland murdered two women and two girls in the Cincinnati area, following a 16-year prison term for the 1987 killing of his girlfriend.

<span class="mw-page-title-main">Ariel Castro kidnappings</span> 2002–2004 kidnappings in Cleveland, Ohio, US

Between 2002 and 2004, Ariel Castro abducted Michelle Knight, Amanda Berry, and Gina DeJesus from the roads of Cleveland, Ohio and later held them captive in his home at 2207 Seymour Avenue in the city's Tremont neighborhood. All three girls were imprisoned at Castro's home until 2013, when Berry successfully escaped with her six-year-old daughter, to whom she had given birth while captive, and contacted the police. Police rescued Knight and DeJesus, and arrested Castro hours later.

On July 19, 2015, in Cincinnati, Ohio, Samuel DuBose, an unarmed man, was fatally shot by Ray Tensing, a University of Cincinnati police officer, during an off-campus traffic stop for not having the front license plate on the vehicle.

<span class="mw-page-title-main">Cincinnati metropolitan area</span> Metropolitan Statistical Area in the United States

The Cincinnati metropolitan area is a metropolitan area with its core in Ohio and Kentucky. Its largest city is Cincinnati and includes surrounding counties in the U.S. states of Ohio, Kentucky, and Indiana.

<span class="mw-page-title-main">Pike County shootings</span> American mass shooting in 2016

The Pike County Shootings, also known as the Pike County Massacre, occurred on the night of April 21–22, 2016, when eight people – all belonging to the Rhoden family – were shot and killed in four homes in Pike County, Ohio, near the village of Peebles, 50 miles (80 km) from Columbus and 60 miles (97 km) from Cincinnati. Their bodies were found later on April 22. Seven of the victims – six adults and a 16-year-old boy – were discovered to have been shot execution-style in three adjacent houses, while the eighth victim, an adult, was found shot to death in his camper in nearby Piketon. Three young children, including two infants, were unharmed. At least two shooters were initially believed to be responsible.

<span class="mw-page-title-main">Turpin case</span> Child-abuse case against David and Louise Turpin in California

The Turpin case involved the abuse of children and dependent adults by their parents, David and Louise Turpin of Perris, California, U.S. The ages of the 13 victims ranged from 2 to 29 years-old. On January 14, 2018, one of the daughters, then-17-year-old Jordan Turpin, escaped and called local police, who then raided the residence and discovered disturbing evidence. Given the number of dependents involved, the degree of abuse, and the protracted nature occurring over decades, the story garnered significant national and international news. Experts in family abuse considered the case to be extraordinary for many reasons.

<span class="mw-page-title-main">Murder of Ryan Poston</span> Murder of an American attorney

On October 12, 2012, Ryan Carter Poston, an American attorney from Fort Mitchell, Kentucky, was shot to death by his on-again off-again girlfriend Shayna Michelle Hubers. After a trial in the Campbell County circuit court, Hubers was convicted of murder on April 23, 2015. She was sentenced to 40 years in the Kentucky Department of Corrections on August 14, 2015, with parole eligibility after 20 years. On August 25, 2016, Hubers' conviction was overturned on appeal when one of the jurors in her murder trial was revealed to be a convicted felon. Hubers was convicted of murder during her second trial on August 28, 2018. On October 18, 2018, she was sentenced to life imprisonment with parole eligibility after 20 years.

<span class="mw-page-title-main">Murder of Davontae Williams</span> 2004 murder in Arlington, Texas, U.S.

Davontae Marcel Williams was a nine-year-old boy who, in 2004, died of malnutrition at his apartment in Arlington, Texas. He weighed 35 pounds at the time of his death. Davontae's mother, Marcella L. Williams, and his mother's partner, Lisa Ann Coleman, were arrested, accused of depriving Davontae of food, and charged with capital murder. Marcella Williams entered a guilty plea in exchange for a sentence of life imprisonment, while Coleman refused a plea deal, was found guilty, and received a death sentence.

Tracie Hunter is an American pastor in the Western Hills Church of the United Brethren in Christ, lawyer and formerly a judge in Hamilton County, Ohio.

References

  1. ↑ London, John (February 26, 2007). "David Carroll To Take Plea Deal In Marcus Fiesel Case". WLWT [Cincinnati] News. Archived from the original (Television News Coverage) on September 28, 2007. Retrieved February 26, 2007.
  2. ↑ Kelley, E. (September 3, 2006). "Short, sad life of Marcus: Little boy's death touched many". Cincinnati Enquirer. Archived from the original on April 24, 2022. Retrieved November 27, 2006.
  3. ↑ McLaughlin, Sheila; Eileen Kelley; Margaret McGurk (August 25, 2006). "Caseworker didn't see Marcus: Foster mom said he was sick in last visit Aug. 10, county says". Cincinnati Enquirer. Archived from the original on January 5, 2007. Retrieved January 30, 2007.
  4. 1 2 3 Kelley, Eileen; Quan Truong (August 27, 2006). "Questions abound: Questions intensify amid search for missing boy". Cincinnati Enquirer. Archived from the original on April 24, 2022. Retrieved February 1, 2007.
  5. 1 2 Terrell, Candice (August 22, 2006). "Foster parents of missing boy hold news conference". 9News, WCPO.com. Archived from the original on October 14, 2006. Retrieved February 1, 2007.
  6. 1 2 Coolidge, Sharon (August 29, 2006). "Marcus left in closet, burned: 3-year-old's foster parents accused of locking him up while they went to reunion". Cincinnati Enquirer. Archived from the original on January 23, 2022. Retrieved January 31, 2007.
  7. ↑ O'Rourke, Tanya (August 31, 2006). "Timeline: What happened to Marcus". The death of Marcus Fiesel. WCPO.com. Archived from the original on October 13, 2006. Retrieved February 5, 2007.
  8. 1 2 Kinney, Terry (February 11, 2007). "Murder trial set for foster mom of developmentally disabled boy". AP Wire. Archived from the original on June 17, 2011. Retrieved February 12, 2007.
  9. ↑ "Police: 'Missing' toddler killed by foster parents". Foxreno.com. August 29, 2006. Archived from the original on September 27, 2007. Retrieved February 1, 2007.
  10. ↑ Foster boy dead; Foster parents charged with involuntary manslaughter Archived October 13, 2006, at the Wayback Machine , WCPO-TV
  11. ↑ Hamilton County Court Record for David Carroll Archived March 12, 2007, at the Wayback Machine , Hamilton County Clerk of Courts
  12. ↑ Hamilton County Court Record for Liz Carroll Archived March 11, 2007, at the Wayback Machine , Hamilton County Clerk of Courts
  13. ↑ New charges, information in Fiesel case Archived October 14, 2006, at the Wayback Machine , WCPO-TV
  14. ↑ Carrolls to be tried in both Clermont and Hamilton counties Archived October 14, 2006, at the Wayback Machine , WCPO-TV
  15. ↑ Clermont County Court Record for David Carroll Archived March 11, 2007, at the Wayback Machine , Clermont County Clerk of Courts
  16. ↑ Clermont County Court Record for Liz Carroll Archived March 11, 2007, at the Wayback Machine , Clermont County Clerk of Courts
  17. ↑ Foreman, Liz (January 31, 2007). "WCPO.com to live stream Liz Carroll trial". The death of Marcus Fiesel. WCPO.com. Archived from the original on February 2, 2007.
  18. ↑ Brunsman, Barrett J. (February 6, 2007). "Carroll trial reset for March 19". Cincinnati Enquirer . Retrieved February 6, 2007.[ permanent dead link ]
  19. ↑ Walton, Jenell (February 12, 2007). "Marcus Fiesel's death sparks foster system changes". 9News. WCPO.com. Archived from the original on April 19, 2012. Retrieved February 12, 2007.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.