Justice Served – One Down Two to Go – The Marcus Fiesel Case
Posted by KindraLore on February 22, 2007
Update 4/20/07 4:16PM
TWO DOWN – ONE TO GO!
Pair charged with tossing foster child’s body into river
MAYSVILLE, Ky. –Police on Friday brought Kentucky charges against a man who pleaded guilty to murdering his foster son, and against a woman Ohio prosecutors gave immunity to testify in the case.
David Carroll Jr. and Amy Baker face a felony charge of tampering with physical evidence, Maysville police said in a statement. Police said the charge stems from the dumping of the boy’s body in the Ohio River.
Carroll was sentenced in February to 15 years to life in prison for the death of Marcus Fiesel. Carroll’s wife, Liz, was sentenced to 54 years to life in prison for murder and other charges in connection with the child’s death.
The developmentally disabled boy died after being left bound in a closet while the Carrolls went to family reunion in Kentucky.
Baker was given immunity in Ohio to testify against the Carrolls about Fiesel’s death. She testified at Liz Carroll’s trial that she was with David Carroll when Fiesel’s remains were thrown from a bridge over the Ohio River.
David Carroll Pleads Guilty
David Carroll plead guilty today and admitted his role in binding little 3 year old Marcus Fiesel with duck tape and leaving him in the closet which resulted in little Marcus’ death. David has been sentenced to 15 years to life.
In a statement to the courts just before his sentencing, Carroll, 29, apologized to the community and his family, saying he was “very sorry for the loss of Marcus” and “for lying about his disappearance.” He described Marcus as a “sweet, gentle and loving child who did not deserve this.”
David Carroll also told the court that Amy Baker, the Carrolls’ live-in girlfriend and the prosecution’s key witness, was more involved in Marcus’ death than anyone will ever know.He said one of the main reason’s he accepted the plea deal, which included a sentence of 15 years to life in prison and an additional year for gross abuse of a corpse, was because he did not want to force his 7-year-old son to testify against him.
“When confronted with putting my child through anymore hell than he has been through the past few months… I accept responsibility for my role,” David Carroll said.
It is a shame that Amy Baker will not be paying the piper for her sins against this child. At least not through the court system anyway.
Little Marcus Fiesel was just 3 years old when three people, two that were entrusted to care for him, bound his little body in a blanket with packing tape from head to toe, threw him in a play pen in a closet and left on their merry way to attend a family reunion in Kentucky.
When they returned two days later, little Marcus was dead. The three, David Carroll, Liz Carroll and Amy Baker then hatched a plan to do away with the body and stage a disappearance.
Liz Carroll has currently been on trial and the testimony was heartbreaking and sometimes even bizarre. Lead star witness for the prosecution was Amy Baker. Amy cut a deal with the state under the circumstances that she never actually had anything to do with the death of Marcus, only the disposal of his body. This lady (her own children taken away and now in Foster Care as well as arrested after all the facts came to light of contributing to the delinquency of a minor after she partied it up with some teen boys at a fair) has just as much blood on her hands as the Foster parents.
Of course Amy Baker downplayed her whole part, stating she was basically forced into this weird, threesome relationship with David and Liz. She wanted to call the police but they would not allow it. It was near her mother’s home that they burnt this child’s body though, in which it was brought out in the child that the remains that were found would fit into a cup. It was Amy Baker that probably gave the Carroll’s to start binding this child in the first place as her own sister did it to her children, so she thought nothing of it.
It was Liz Carroll though that stood before the Nation, crying, begging for the return of little Marcus after she staged his disappearance at a local park. It was Liz Carroll that knew he would never return as he was long dead at their hands. It was Liz Carroll that actually tried to pin Marcus’ disappearance on a local police officer who had responded to her staged disappearance when she “collapsed” at the park. It was Liz Carroll that was on trial.
Today, justice was served to Liz Carroll. One down TWO to go. (Amy Baker will have her justice served as well. In this life, or in the next)
Jurors left the courtroom at 12:10 pm to consider the seven charges against Carroll.
They returned with a verdict around 5:45 pm.
Liz Carroll wept. Her mother broke down screaming.
Lawyers on both sides got one last chance to sway the jury with closing arguments this morning.
The defense rested yesterday after calling just one witness.Liz Carroll did not take the stand herself. But the jury did hear her grand jury testimony…. which prosecutors read to them.
Liz Carroll faces 15-years to life if convicted of murder. The jury can also consider manslaughter charges.
Closing arguments began at 9 a.m. this morning. Hamilton County Assistant Prosecutor Mark Piepmeyer first addressed the jury.
Carroll’s attorney Greg Cohen then took his turn. He told jurors not to believe Amy Baker’s testimony. Baker was the Carroll’s live-in girlfriend. She testified on Monday that Liz helped her husband David wrap Marcus in a blanket and leave him in a closet while the threesome attended a family reunion in Williamstown.
Cohen also suggested that Marcus had been wrapped up and left in a closet before without harm, and argued that Liz had no reason to believe that anything would happen to Marcus on that fateful weekend.
Clermont County Assistant Prosecutor Woody Breyer took the chance for a rebuttal and then Judge Robert Ringland charged the jury with instructions on how to deliberate.