Liz Carroll’s Hamilton County grand jury testimony was released to the public Dec. 18 and her defense attorney wants it to be suppressed in her Clermont County murder trial.
Normally, Ohio law prohibits grand jury testimony from being released to the public, but Carroll’s statements were made public after defense attorney Gregory Cohen argued that her testimony should not be used against her because of her mental condition at the time.
As a result of Cohen’s suppression request, Hamilton County Assistant Prosecutor Mark Piepmeier submitted the transcripts and asked that they be admitted into evidence; this motion was granted and the testimony was entered into the official record.
According to that grand jury testimony, Carroll revealed under oath that she had originally lied to police about what happened to Marcus.
Returning home to find that Marcus had died in the closet, Carroll also revealed to a grand jury that it was Baker and her husband who removed and eventually disposed of the body.
Liz Carroll further stated to the Hamilton County grand jury that it was Baker's idea to say that the deceased child had wandered off and gotten lost in an Anderson Township park.
Immediately after giving this testimony to a grand jury, she was arrested.
Cincinnati defense attorney Gregory Cohen is now saying that Liz Carroll, 30, exhibited suicidal tendencies and was severely mentally ill before her arrest in the death of three-year old foster son Marcus Fiesel.
Cohen would like the grand jury testimony to be thrown out and not be admitted into evidence because of her "history of serious mental defects" and because she was intimidated and misled by prosecutors and police as to why she was even testifying in front of a grand jury in the first place.
As a result of this revelation, which comes on the heels of Judge Ringland's Dec. 14 ruling that Liz Carroll is competent to stand trial, Cohen has filed a motion with the Clermont County court opposing the admissibility of any statements that she may have made to investigators in Hamilton County to be entered into evidence at her Clermont County murder trial.
In the motion filed in the Clermont County Court of Common Pleas by Cohen Dec. 18, he wrote that Carroll was in a "very fragile state of mind at the time of her interrogation as a result of the death of her foster child."
The motion further stated that Carroll was in a fragile state concerning her physical condition and was concerned with her safety after she received physical threats from her husband David Carroll Jr. and live-in girlfriend Amy Baker.
David Carroll Jr., 29, has also been charged with the murder of Marcus Fiesel in Clermont County; Baker, who broke the case in September when prosecutors promised her immunity, is expected to be the prosecution's key witness at both murder trials.
On Aug. 16, the day after Carroll claimed that Marcus had wandered off in the Juilfs Park where she claimed that she had passed out, she was questioned by the police at the Mercy Hospital Anderson.
At that time, she was described as "catatonic" by a hospital staff psychiatrist who in turn recommended that she she be "involuntarily admitted and kept under observation for suicidal tendencies."
Liz and David Carroll are incarcerated and being held in lieu of $10.1 million in the Clermont County jail. In addition to murder, both have been charged with kidnapping, felonious assault, involuntary manslaughter, and endangering a child.
The question of whether or not Liz Carroll's grand jury testimony will be admitted in Clermont County court proceedings will be settled with the judge's ruling Jan. 3.
Liz Carroll's murder trial is scheduled to begin in Judge Robert Ringland's Clermont County courtroom Jan. 22; David Carroll's is scheduled to begin before Judge Jerry McBride Feb. 26.