Update on the Marcus Fiesel Case
Posted by KindraLore on April 28, 2007
As I blogged earlier, Amy Baker is now being charged with felony evidence tampering for her accused role in disposing of the body of foster child, Marcus Fiesel, last summer.The Prosecutor in this case (Joe Deters) has done a tremedous job in bringing justice for this little boy. Not only did he put away the Carrolls, but waited until it was over to bring charges against Amy Baker, who obviously thought she was in the clear.
Seems Amy is now fighting extradition to Kentucky. Why do people do this? It only prolongs the inevitable.
Update at 4:16 pm
Monday from 9News reporter Shannon Kettler:
The hearing for Amy Baker ended around 4:00 p.m.
Baker’s defense attorney said they will fight her extradition to Kentucky.
The judge denied Baker’s request for a lower bond.
Her next court appearance will be May 17 at 3:00 p.m.
Update at 12:17 pm Monday:
Amy Baker may not get her extradition hearing in Clermont County until very late Monday afternoon.
The Mason County, Kentucky Commonwealth Attorney is charging Baker with felony evidence tampering for her accused role in disposing of the body of foster child, Marcus Fiesel, last summer.
Baker is due to be moved from the Clermont County Jail for an extradition hearing at 3:00 pm.
But court bailiffs said the judge handling the Baker case has a full docket for Monday afternoon, with as many as 30 cases on it.
If, as expected, Municipal Court Judge James Shriver calls up the Baker case last on his docket, it could be well after 4:00 pm before Baker even gets into the courtroom.
This extradition request from Kentucky could end up becoming very complicated and take months to finally be resolved.
Amy Baker is planning on fighting the request from Mason County.
Baker was previously granted immunity in both Clermont and Hamilton counties, in exchange for testifying against Marcus Fiesel’s foster parents, David and Liz Carroll.
During the Liz Carroll trial, Baker testified that she helped David Carroll throw the dead 3-year old’s remains off the William Harsha Bridge in Maysville, Kentucky last summer.
Some Clermont County residents said it’s about time Amy Baker faced charges herself.
Tiffany Crowley said, “It’s justice served. She had as much a part of it as they did. She was there. I hope she gets what’s coming to her.”
Brandy Murrell said she has no second thoughts, “She’s just as guilty as they are. That’s my opinion.”
“I think she should have gone to the police. I don’t think she should have covered anything up.” Dwayne Grandis adds, “I just think she should have been charged. There’s much more to this story than what has been told. I think it’s due time,” said Rob Parlier.
We’ll also be watching to see if the Clermont County Prosecutor’s Office also objects to the extradition, since they’ve already said they believe it violates their immunity agreement with Baker and may violate her constitutional rights.
It could be up to Ohio Governor Ted Strickland to make a final decision.
In another turn, looks like Donna Trevino (biological mother of Marcus) has still not picked up the remains of Marcus to give this child a proper burial. This lady did not do right by him in life, and is too lazy now to bury this little boy.
Funeral home says Trevino wants to bury Marcus
CINCINNATI — Hamilton County Prosecutor Joe Deters is urging the mother of 3-year-old Marcus Fiesel to claim what’s left of her murdered and partially incinerated son.
Deters indicated Thursday that Donna Trevino, of Middletown, had refused that offer, but the local funeral home that has been working with Marcus’ mother since August said that’s not the case.
“She has always been under the impression that they would not release him until the appeal process is over, not just the trial,” said Lori Hicks, of Baker-Stevens Funeral Home in Middletown.
Hicks said Trevino is interested in receiving the remains of her second-born son and giving him an appropriate burial. Hicks said she has been in contact with authorities from the Hamilton County Corner’s office for the past week.
Hicks said the remains could be released as early as next week.
In his letter to Trevino, Deters said the Middletown woman refused the offer for Hamilton County to take care of funeral services for Marcus.
“I certainly understand your decision to not accept our offer to provide the remains of Marcus Fiesel a proper burial,” Deters wrote to Trevino. “What I cannot understand is your failure to claim Marcus’ remains and put him to rest.”
Kentucky prosecutors are pursuing charges against Baker for her role in the disposal of Marcus’ remains. She is being housed in the Clermont County Jail pending extradition to the Blue Grass State.
Investigators found pieces of Marcus’ remains at the chimney site in Brown County Aug. 28 after Baker — the prosecution’s key witness against the Carrolls — told them where to look.
What was recovered were orbital bones and pieces of the boy’s skull — 18 pieces so small they could fit into the palm of a hand — as well as buttons and snaps from the clothing he was wearing at the time of his death.The evidence was shown to jurors during the Liz Carroll trial in February.
“What is left of Marcus is sitting in the Hamilton County Coroner’s Office,” Deters wrote to Trevino. “There is no legal impediment to you in claiming his remains.
“Please have the decency to make arrangements to have him put to rest. He deserves no less.”
The Hamilton County Corner’s Office is expected to release the remains sometime next week after the Brown County coroner signs the appropriate paperwork, Hicks said.Hicks said Trevino, at first, wished the make the funeral services public to allow for “some closure for the community.”
With the latest news, though, Hicks said Trevino may have changed her mind.