Marcus Fiesel
Encyclopedia
Marcus Fiesel was an American
foster care
child
murder
victim. On February 21, 2007 his foster mother Liz Carroll was convicted of murdering him. On, February 26, 2007, it was announced attorneys for his foster father, David Carroll had reached a plea agreement
.
. He was described by a neighbor as "an awesome little guy" who loved flowers, Bob the Builder
, and bubbles. According to friends, he 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. A neighbor said she occasionally saw Trevino weeping with exhaustion.
Trevino also was suffering from domestic violence
at the hands of her boyfriend, which led to frequent calls to the police
. During these visits, police officers noticed that the home was infested with flea
s and reeked of feces
.
On September 29, 2005, police observed severe bruising on Fiesel's left buttock. 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." She handed them over to Butler County
.
and that a third adult, Amy Baker, said to be David and Liz Carroll's girlfriend, was living in the home. David Carroll's psychological condition would have disqualified him as a foster parent if known. In June 2006, David Carroll was arrested on a domestic violence charge that was later dismissed. He did not report the arrest to Lifeway, as required.
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 he left his wife because he wasn't sure he wanted a life with her raising foster children. When he moved back in with his wife, he brought Baker with him.
with four children (a child she had with David Carroll, another foster child, a toddler she was babysitting, and Fiesel) when she blacked out due to low blood pressure
. She said when she regained consciousness, Fiesel was missing.
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.
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."
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.
remains were discovered on an 88 acres (356,123.7 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
August 4-August 6, 2006. 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." 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. 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 is currently facing extradition from Ohio to Kentucky for a Tampering with Evidence charge against her brought up by Mason County, Kentucky. Amy Baker confessed to helping to dispose of the body in the Ohio River
. The charges against her have now been dropped.
and Hamilton County, Ohio
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.
A day later on 29 August, 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.
On 1 September, 2006 Clermont County Prosecutor Don White and Hamilton County Prosecutor Joe Deters
held a joint press conference, where they discussed plans for prosecuting the defendant
s. All murder and/or homicide charges were to be prosecuted by Clermont County, since Fiesel's death occurred inside the Carroll's Union Township home. However, since State of Ohio contends the Carrolls attempted to cover up Fiesel's death in Anderson Township, Hamilton County, Ohio
all charges related to inducing panic and covering up the death of the child would be prosecuted in Hamilton County.
Several days later on Wednesday 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.
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!"
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 16 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 Tampering with Evidence. 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 is currently defending charges brought against her in Kentucky, which carry a maximum five year sentence. Her attorneys are currently moving both to dismiss all charges against her and to suppress all testimony given by her in the prosecutions of Liz and David Carroll and are alleging 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.
Hanlon Park-Georgetown, OH, a Bench was dedicated to his memory on what would have been his 4th birthday, June 24, 2007.
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.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
foster care
Foster care
Foster care is the term used for a system in which a minor who has been made a ward is placed in the private home of a state certified caregiver referred to as a "foster parent"....
child
Child
Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...
murder
Culpable homicide
Culpable homicide is a specific offence in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence...
victim. On February 21, 2007 his foster mother Liz Carroll was convicted of murdering him. On, February 26, 2007, it was announced attorneys for his foster father, David Carroll had reached a plea agreement
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
.
Life with mother
Fiesel spent the first three years of his life with his mother Donna Trevino (née Fiesel) and his two siblings, Michael and Peaches, in Middletown, OhioMiddletown, Ohio
Middletown is an All-America City located in Butler and Warren counties in the southwestern part of the U.S. state of Ohio. Formerly in Lemon, Turtlecreek, and Franklin townships, Middletown was incorporated by the Ohio General Assembly on February 11, 1833, and became a city in 1886...
. He was described by a neighbor as "an awesome little guy" who loved flowers, Bob the Builder
Bob the Builder
Bob the Builder is a British children's animated television show created by Keith Chapman. In the original series Bob appears as a building contractor specialising in masonry in a stop motion animated programme with his colleague Wendy, various neighbours and friends, and their gang of...
, and bubbles. According to friends, he 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. A neighbor said she occasionally saw Trevino weeping with exhaustion.
Trevino also was suffering from domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
at the hands of her boyfriend, which led to frequent calls to the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
. During these visits, police officers noticed that the home was infested with flea
Flea
Flea is the common name for insects of the order Siphonaptera which are wingless insects with mouthparts adapted for piercing skin and sucking blood...
s and reeked of feces
Feces
Feces, faeces, or fæces is a waste product from an animal's digestive tract expelled through the anus or cloaca during defecation.-Etymology:...
.
On September 29, 2005, police observed severe bruising on Fiesel's left buttock. The family was also being investigated by child welfare
Child welfare
Child protection is used to describe a set of usually government-run services designed to protect children and young people who are underage and to encourage family stability...
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." She handed them over to Butler County
Butler County, Ohio
Butler County is a county located in the state of Ohio, United States. As of 2010, the population was 368,130. Its county seat is Hamilton. It is named for General Richard Butler, who died in 1791 fighting Indians in northern Ohio. Butler's army marched out of Fort Hamilton, where the city of...
.
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. At the time, they did not realize that David Carroll had bipolar disorderBipolar disorder
Bipolar disorder or bipolar affective disorder, historically known as manic–depressive disorder, is a psychiatric diagnosis that describes a category of mood disorders defined by the presence of one or more episodes of abnormally elevated energy levels, cognition, and mood with or without one or...
and that a third adult, Amy Baker, said to be David and Liz Carroll's girlfriend, was living in the home. David Carroll's psychological condition would have disqualified him as a foster parent if known. In June 2006, David Carroll was arrested on a domestic violence charge that was later dismissed. He did not report the arrest to Lifeway, as required.
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 he left his wife because he wasn't sure he wanted a life with her raising foster children. When he moved back in with his wife, he brought Baker with him.
Disappearance
Liz Carroll reported that Fiesel had gone missing on August 15, 2006. She said that she had been at Juilf's Park in Anderson TownshipAnderson Township, Hamilton County, Ohio
Anderson Township is one of the twelve townships of Hamilton County, Ohio, United States. Located in the southeastern part of the county and less than 15 minutes from downtown, the township has been named one of the Cincinnati area's most desirable neighborhoods to live...
with four children (a child she had with David Carroll, another foster child, a toddler she was babysitting, and Fiesel) when she blacked out due to low blood pressure
Hypotension
In physiology and medicine, hypotension is abnormally low blood pressure, especially in the arteries of the systemic circulation. It is best understood as a physiologic state, rather than a disease. It is often associated with shock, though not necessarily indicative of it. Hypotension is the...
. She said when she regained consciousness, Fiesel was missing.
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.
On August 22, 2006, Liz Carroll held a press conference asking that whoever may have taken
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
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.
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.
Discovery of Fiesel's death
Fiesel's incineratedIncineration
Incineration is a waste treatment process that involves the combustion of organic substances contained in waste materials. Incineration and other high temperature waste treatment systems are described as "thermal treatment". Incineration of waste materials converts the waste into ash, flue gas, and...
remains were discovered on an 88 acres (356,123.7 m²) estate owned by Mike Cales in Brown County, Ohio
Brown County, Ohio
As of the census of 2000, there were 42,285 people, 15,555 households, and 11,790 families residing in the county. The population density was 86 people per square mile . There were 17,193 housing units at an average density of 35 per square mile...
. 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
Williamstown, Kentucky
Williamstown is a city in Grant county in the U.S. state of Kentucky. The population was 3,227 as of the 2000 census. It is the county seat of Grant County....
, Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
August 4-August 6, 2006. This was confirmed by Liz Carroll in testimony before a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
on August 28, 2006; she claimed, "I didn't have any intentions of hurting him." Fiesel was left without food or water, but authorities believed he was killed by heat rather than dehydration
Dehydration
In physiology and medicine, dehydration is defined as the excessive loss of body fluid. It is literally the removal of water from an object; however, in physiological terms, it entails a deficiency of fluid within an organism...
or starvation
Starvation
Starvation is a severe deficiency in caloric energy, nutrient and vitamin intake. It is the most extreme form of malnutrition. In humans, prolonged starvation can cause permanent organ damage and eventually, death...
, as temperatures in the closet may have reached 105-110°F. 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 is currently facing extradition from Ohio to Kentucky for a Tampering with Evidence charge against her brought up by Mason County, Kentucky. Amy Baker confessed to helping to dispose of the body in the Ohio River
Ohio River
The Ohio River is the largest tributary, by volume, of the Mississippi River. At the confluence, the Ohio is even bigger than the Mississippi and, thus, is hydrologically the main stream of the whole river system, including the Allegheny River further upstream...
. The charges against her have now been dropped.
Charges against Liz and David Carroll
Liz and David Carroll are the prime suspects in Fiesel's death. Both Liz and David Carroll were indicted in Clermont County, OhioClermont County, Ohio
Clermont County is a county located in the state of Ohio, United States, just east of Cincinnati. As of 2010, the population was 197,363. Its county seat is Batavia...
and Hamilton County, Ohio
Hamilton County, Ohio
As of 2000, there were 845,303 people, 346,790 households, and 212,582 families residing in the county. The population density was 2,075 people per square mile . There were 373,393 housing units at an average density of 917 per square mile...
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.
A day later on 29 August, 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.
On 1 September, 2006 Clermont County Prosecutor Don White and Hamilton County Prosecutor Joe Deters
Joe Deters
Joseph T. "Joe" Deters is an American politician of the Republican party who currently serves as Prosecuting Attorney for Hamilton County, Ohio. He is a 1975 graduate of St. Xavier High School in Cincinnati.-Career:...
held a joint press conference, where they discussed plans for prosecuting the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s. All murder and/or homicide charges were to be prosecuted by Clermont County, since Fiesel's death occurred inside the Carroll's Union Township home. However, since State of Ohio contends the Carrolls attempted to cover up Fiesel's death in Anderson Township, Hamilton County, Ohio
Anderson Township, Hamilton County, Ohio
Anderson Township is one of the twelve townships of Hamilton County, Ohio, United States. Located in the southeastern part of the county and less than 15 minutes from downtown, the township has been named one of the Cincinnati area's most desirable neighborhoods to live...
all charges related to inducing panic and covering up the death of the child would be prosecuted in Hamilton County.
Several days later on Wednesday September 6, 2006 a Clermont County grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
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.
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 has promised to appeal. The appeal is also over a report that a juror reportedly said in an interview that she "knew in her heart Liz Carroll was guilty".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!"
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 16 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 Tampering with Evidence. 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 is currently defending charges brought against her in Kentucky, which carry a maximum five year sentence. Her attorneys are currently moving both to dismiss all charges against her and to suppress all testimony given by her in the prosecutions of Liz and David Carroll and are alleging 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.
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.Hanlon Park-Georgetown, OH, a Bench was dedicated to his memory on what would have been his 4th birthday, June 24, 2007.
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. Several bills have been put before the United States CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
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.
Cultural references
- A book about Marcus Fiesel and the foster care system by Holly Schlaack Invisible Kids: Marcus Fiesel's Legacy was published by Advocacy Publishing 2009.