Liz Carroll

Case record: Liz Carroll

Status

Liz Carroll was sentenced to 54 years to life in prison on February 22, 2007.

Background

Marcus Fiesel was an American foster care child murder victim. His foster mother was Liz Carroll. His foster father was David Carroll.

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, Ohio. A neighbor described him as “an awesome little guy” who loved flowers, Bob the Builder, and bubbles. Friends said he was autistic and attended a school for special needs children. Marcus Fiesel was described as a very active child, and a neighbor said Trevino occasionally wept with exhaustion. Trevino also suffered 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 fleas and reeked of feces.

The family was also being investigated by child welfare workers after receiving complaints of abuse. On September 29, 2005, police observed severe bruising on Fiesel’s left buttock. 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, he was found wandering the streets and was almost hit by a car.

Donna 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 the children over to Butler County.

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 disorder and that a third adult, Amy Baker, was living in the home. David Carroll’s psychological condition would have disqualified him as a foster parent if known. Family and friends said 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.

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.

The offence

Liz Carroll left Marcus Fiesel locked in a closet, bound with a blanket and packing tape, while she attended a family reunion. Authorities said this occurred while they attended a family reunion in Williamstown, Kentucky during the weekend of August 4 through August 6, 2006.

Authorities believed Marcus was killed by heat rather than dehydration or starvation, as temperatures in the closet may have reached 105-110°F. Authorities 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 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.

Investigation

In August 2006, police and the public grew suspicious of Liz and David Carroll’s claims because no witnesses reported seeing Fiesel in the park with Liz Carroll on August 15, and no trace was found.

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 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.

A televised news conference was held by Liz Carroll on August 22, 2006. She asked that whoever may have taken Fiesel return him, saying: “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.”

In testimony before a grand jury on August 28, 2006, Liz Carroll confirmed she left Fiesel locked in a closet while the family was away and claimed: “I didn't have any intentions of hurting him.”

The discovery of Fiesel’s death included authorities believing that David Carroll and Amy Baker incinerated his body.

Arrest

Liz Carroll was arrested immediately after testifying before the grand jury.

On August 30, 2006, Hamilton County Common Pleas Judge Patrick T. Dinkelacker set a bond of $10.1 million for each of the foster parents accused of causing the death of 3-year-old Marcus Fiesel. David and Liz Carroll were arraigned separately and each pleaded not guilty.

Trial

Liz Carroll’s trial began on February 12, 2007 and ended on February 21, 2007. She was found guilty of all charges on February 21, 2007. The jury consisted of nine women and four men and deliberated for 4-6 hours. Her lawyer Gregory A. Cohen promised to appeal.

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.” After the assistant prosecutor’s closing remarks, Liz Carroll said: “The dog was alive!”

In the context of her trial and case, the star witness for the prosecution was Amy Baker, who lived with the Carrolls. Baker testified that the couple didn’t want to take Marcus to the reunion and decided to tape him up and leave him in the closet while they were gone, but after heading to Williamstown, David Carroll had second thoughts, and they returned home to find the boy dead. Baker admitted she went with David Carroll to a remote area in Brown County to burn the body and then dumped his remains in the Ohio River. Only a few pieces of Marcus’ bones were found.

The proceedings also included discussion of Liz Carroll’s statements. Liz Carroll told officials under oath that family friend Amy Baker came up with the plan that led to the death of 3-year-old foster child Marcus Fiesel. Her attorney argued that her testimony should be suppressed and not used against her. Because of that move, Assistant Prosecutor Mark Piepmeier introduced the transcripts into evidence, and they became public.

In grand jury questioning, Carroll responded:

• “When you left to go down to Kentucky on that Friday, you left Marcus in a closet, didn't you?”
• “In a closet?”
• “In a closet at your (Clermont County) house?”
• “No,”
• “And when you got back early Sunday, Marcus was dead. Now do you want to tell us the truth or keep up this story?”
• “Carroll didn't respond.”
• “Did you purposefully kill him?”
• “She didn't respond.”
• “Or was it an accident?”
• “It was an accident,” Carroll said.

Liz Carroll also testified before the grand jury that her husband, David Carroll Jr., and Baker told her that Marcus was dead and that those two took the body from the house, including that “Amy said they burned him.”

Sentencing

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

Before sentencing, Liz Carroll apologized for the lies that prompted thousands of people to search for her 3-year-old foster child after she claimed he was missing. She told Judge Robert P. Ringland: “I didn’t do this to Marcus.” She continued: “I didn’t, and I wouldn’t, hurt a child.” Ringland was unmoved by what she said.

Liz Carroll stated: “I did lie after to try to protect my family,” and “And I’m sorry. I want to apologize to the community, my family.”

Clermont County assistant prosecutor Daniel “Woody” Breyer asked for the stiffest sentences possible, saying: “This is the most offensive and heinous crime that I can recall being involved in (in) my 30 years as a lawyer, and I believe that a maximum consecutive sentence would be appropriate.”

According to the sentencing description, the judge sentenced Carroll to life in prison without the possibility of parole for 15 years on the murder charge, and incorporated the sentence for involuntary manslaughter into the murder charge. The judge also imposed separate sentences: a 10-year sentence for kidnapping, another eight years for felonious assault, and 21 years on three child endangering charges.

Liz Carroll wore an orange jail uniform with her hands cuffed and feet shackled when brought into the courtroom at 11:30 a.m. During the trial, she wore dark pants suits that hid a security leg-brace from the sight of jurors.

Appeals

Liz Carroll promised to appeal after being found guilty on February 21, 2007.

Outcome

Liz Carroll was convicted of murdering Marcus Fiesel and of all charges brought against her in her trial, and she was sentenced to 54 years to life in prison on February 22, 2007.

After accepting a plea deal, David Carroll pleaded guilty to murder and gross abuse of a corpse, and the judge sentenced him to 16 years to life in prison.

Amy Baker faced Tampering with Evidence charges in Kentucky but later had her charges dropped in early 2008.

Other details

Liz Carroll reported that Fiesel went missing on August 15, 2006. She said she was at Juilf's Park in Anderson Township 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 that when she regained consciousness, Fiesel was missing.

The search included hundreds of people and search dogs as part of the official search for Fiesel, and thousands more searched surrounding neighborhoods independent of the official search.

On Saturday, April 21, 2007, the chimney used to burn Fiesel’s remains was demolished and turned into a memorial to him.

Hanlon Park-Georgetown, OH, dedicated a bench to his memory on what would have been his 4th birthday, June 24, 2007.

The case of Marcus Fiesel’s death led to questions over the placement of foster children within the state of Ohio and elsewhere. Lifeway for Youth had its license revoked. Several bills were put before the United States Congress and investigations continued into why Fiesel was placed with the Carrolls. Many placement organizations modified their procedures and intensified background screening for potential foster parents.

It was stated that state legislators, foster care workers, and child advocates recommended 55 changes to Ohio’s foster care system.

Aftermath

An Ohio Department of Job and Family Services investigation pointed blame at Lifeway for Youth, the New Carlisle, Ohio-based foster care provider that placed Marcus with the Carrolls. ODJFS later pulled Lifeway’s operational certificate, and a decision upheld by a Franklin County judge.

It was stated that investigations determined Butler County Children Services did nothing wrong. Jann Heffner was moved into a consulting role and then fired by the county commissioners. The Butler County Children Services Board was disbanded.

The Rev. Johnny Wade Sloan, chairman of the 11-member board, said: “(The Carrolls) promised 24-hour adult supervision and there was no reason for us not to place (the kids) when (Lifeway was) telling us, as a licensed agency, they had an ideal place.” Sloan also said: “But Sloan and Heffner said the decisions to disband the board and fire Heffner were political moves and not a result of Marcus’ death.” Sloan said: “Marcus Fiesel became the focal point for that happening because that would have happened regardless.”

Former Butler County Commissioner Mike Fox resigned and later was appointed Children Services director. He resigned and was headed to federal prison in an unrelated case.

Regarding system changes, Gary Cates, a former state senator, said: “I’d like to think the laws that have changed in his memory have been beneficial in the fact that we haven’t had any other child have the same fate that he did.” He said: “If that’s his legacy, that no other child’s been harmed, then that’s a tremendous legacy that Marcus left other children.”

In 2007, it was stated that legislation was introduced in the Ohio Senate by Gary Cates and legislation was introduced in the Statehouse by Rep. Courtney Combs, R-Hamilton. Combs said: “I hope and pray that it never happens again.”

The implementing legislation requirements cost about $15 million in both the 2008 and 2009 fiscal years, including about $5.2 million in federal funds in each of the years, said ODJFS spokeswoman Angela Terez.

After Marcus’ death, the Criminal Justice Information System expanded to include 14 Ohio counties. It was stated that if the system had been in effect in Butler County, Marcus could have been pulled from the Carroll home following a June 2006 domestic violence arrest of David Carroll Jr., though the charge was later dismissed.

Jeff Centers stated: “Any foster parent in our network — even foster parents where we don’t have children in their homes — if they are pulled over even for a speeding ticket we’re made aware of it instantly.” Centers also stated: “Anything that might raise a red flag, we’ll know about it immediately.”

Centers stated the county pays $46,000 a year for CJIS licensing records checks and that the agency has a $95,000 annual contract with the county sheriff’s office to have a deputy supervise the investigations unit and provide services such as security and finding runaways.

Prison statements and personal claims

Liz Carroll, described as in Marysville prison serving a 54-year sentence for the murder of Marcus Fiesel, discussed what happened in August 2006, including why she said she lied and why she said she had proof that she was telling the truth.

Carroll said: “I just want to say I'm sorry for that,” and “I am. I have so much guilt for that. I'm really sorry. I carried so much guilt for that because I am guilty for lying to people – my family, my kids. I lied to my kids.”

She said she was convicted of helping her husband kill the boy by duct-taping him in a blanket and leaving him in a hot closet.

Carroll said: “I wasn't there, first of all, when Marcus died,” and “When I left, he was alive.”

She claimed she started to call 911 but was confronted by Baker. She said: “I was going across the room to get the phone, and she pushed me across into my bathroom,” and described Baker threats to kill her and her children if she told police what really happened.

Carroll denied she was romantically involved with Baker, saying: “She wasn't my girlfriend; I don't know why people keep saying that, (because) she wasn't my girlfriend,” and “She and Dave had an affair, (but) it wasn't my girlfriend. She was not my live-in girlfriend.” She admitted engaging in sexual relations with Baker at her husband’s urging, saying: “I'm not going to lie,” and “I did a couple of times for my husband, I'm not going to lie. I did try it, (and) it disgusted me.”

Carroll said she wanted to testify during her trial but her attorney Greg Cohen kept her from doing so.

Carroll blamed herself for her lies, stating: “I blame myself for my lies, because my lies are what got me in everything,” and “Even with (Baker's) threats I still had the opportunity to tell the truth several times, but she did go on the stand and lie, and even had the nerve to smile at me and wear my clothes at my trial.”

Carroll said she passed a polygraph test with specific questions about the murder and said: “The prosecutors should not be happy at all, the public should not be happy,” and “The public wanted justice. They still haven't gotten justice.”

Carroll was described as having no appeals left in any county or federal court, but hoping an attorney would take an interest to help her get a new trial.

She said she visited with her children once a month and spent most of her time knitting hats and blankets for charity. She said she was still married to David Carroll and that they communicated by mail.

Carroll said she had seen Amy Baker since being incarcerated. She said Baker was convicted on a drug charge and was sent briefly to Marysville. Carroll said: “She would step out of line and smile and toss her hair and smirk at me,” and said: “She went back to their home after the she was charged with murder.” Carroll said: “She went into my house after I was arrested and took some of my stuff, including my clothes,” and “She wore my clothes at my trial.”

Carroll said in a separate account that she apologized for lies that prompted thousands of people to search after she claimed he was missing, and she insisted: “I didn’t do this to Marcus,” and “I didn’t, and I wouldn’t, hurt a child.” She said: “I’m sorry for the lies,” and “And I just hope that some day the truth can come out because Amy Baker does not speak the truth.”

Quotations included in the case details

• Donna Trevino: “she didn't know if she could care for her children any more and that it was getting to be too much for her.”
• Liz Carroll at press conference: “I need help from the public to help my son, Marcus is my son.
• Liz Carroll before grand jury: “I didn't have any intentions of hurting him.”
• Liz Carroll in court: “The dog was alive!”
• Liz Carroll before Judge Ringland: “I didn’t do this to Marcus.”
• Liz Carroll before Judge Ringland: “I didn’t, and I wouldn’t, hurt a child."
• Liz Carroll: “I did lie after to try to protect my family,” and “And I’m sorry.
• Daniel “Woody” Breyer: “This is the most offensive and heinous crime that I can recall being involved in (in) my 30 years as a lawyer, and I believe that a maximum consecutive sentence would be appropriate,”
• Daniel Breyer (closing remarks): “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.”
• Prosecutor questioning in grand jury transcripts: “When you left to go down to Kentucky on that Friday, you left Marcus in a closet, didn't you?”; “In a closet?”; “In a closet at your (Clermont County) house?”; “No,”; “And when you got back early Sunday, Marcus was dead. Now do you want to tell us the truth or keep up this story?”; “Did you purposefully kill him?”; “Or was it an accident?”; “It was an accident,”
• Liz Carroll: “I just want to say I'm sorry for that,”
• Liz Carroll: “I am. I have so much guilt for that. I'm really sorry. I lied to my kids.”
• Liz Carroll: “I wasn't there, first of all, when Marcus died,” and “When I left, he was alive.”
• Liz Carroll: “I was going across the room to get the phone, and she pushed me across into my bathroom,”
• Liz Carroll: “She wasn't my girlfriend; I don't know why people keep saying that, (because) she wasn't my girlfriend,”
• Liz Carroll: “She and Dave had an affair, (but) it wasn't my girlfriend. She was not my live-in girlfriend.”
• Liz Carroll: “I'm not going to lie,” “I did a couple of times for my husband, I'm not going to lie.
• Liz Carroll: “I blame myself for my lies, because my lies are what got me in everything,” and “Even with (Baker's) threats I still had the opportunity to tell the truth several times, but she did go on the stand and lie, and even had the nerve to smile at me and wear my clothes at my trial.”
• Liz Carroll: “The prosecutors should not be happy at all, the public should not be happy,” and “The public wanted justice.
• Jeff Centers: “Any foster parent in our network — even foster parents where we don’t have children in their homes — if they are pulled over even for a speeding ticket we’re made aware of it instantly.”
• Jeff Centers: “Anything that might raise a red flag, we’ll know about it immediately.”
• The Rev. Johnny Wade Sloan: “(The Carrolls) promised 24-hour adult supervision and there was no reason for us not to place (the kids) when (Lifeway was) telling us, as a licensed agency, they had an ideal place.”
• The Rev. Johnny Wade Sloan: “Marcus Fiesel became the focal point for that happening because that would have happened regardless.”
• Gary Cates: “I’d like to think the laws that have changed in his memory have been beneficial in the fact that we haven’t had any other child have the same fate that he did.”
• Gary Cates: “If that’s his legacy, that no other child’s been harmed, then that’s a tremendous legacy that Marcus left other children.”
• Courtney Combs: “I hope and pray that it never happens again.”