Carroll’s lawyers can’t withdraw from case

January 5th, 2007    Author: Michael Bradley    Filed Under: News

The two court-appointed attorneys for David Carroll, Jr. will be unable to withdraw from representing him in the Clermont County murder trial of foster child Marcus Fiesel.

Clermont County Court of Common Pleas Judge Jerry McBride has ruled that lawyers Scott Rubinstein and Stephen Wenke had not adequately shown valid reason to be removed from the case.

Rubinstein and Wenke made the request to the judge to drop Carroll, 29, as a client Dec. 14; they claimed at that time that private interviews with David Carroll had solicited an ethical conflict which would jeopardize his defense (no detailed reason was given).

Judge McBride did acquiesce to a private conference with both lawyers, but his ruling, which was handed down Dec. 15, revealed that he was unconvinced by their arguments.

In his opinion made public on Friday, McBride wrote that Rubinstein and Wenke believed that their ability to defend Carroll had been "irreparably damaged."

McBride disagreed with that assessment and said that the "situation as it presently stands does not represent a total breakdown of communication between the accused and his attorneys."

McBride wrote that he is convinced that their concerns were matters that could be resolved without the lawyer's resigning from the case. He also wrote that appointing new lawyers at this date would delay the trial (Carroll's trial is scheduled to begin Feb. 26) and deny Carroll his constitutional right to a speedy trial.

Wenke and Rubinstein, who have declined media comment on the ruling, were appointed by McBride to defend David Carroll Sep. 11 after he explained to the judge that he could not possibly afford a private defense attorney.

In a Hamilton County Common Pleas Courtroom Dec. 14, Judge Alex Triantafilou allowed Wenke and Rubinstein (who cited the same ethical concerns) to resign as attorneys for David Carroll.

As a result of reporting Marcus missing from an Anderson Township park Aug. 15, David and wife Liz Carroll, 30, face criminal charges in Hamilton County of inducing panic and making false alarms.

In Clermont, both are charged with murder, kidnapping (for depriving a child of liberty and freedom of movement), involuntary manslaughter, felonious assault, and endangering a child. David Carroll is also charged with the gross abuse of a corpse.

Liz and David Carroll are accused of causing the death of three-year old Marcus Fiesel by leaving him bound and locked in a closet of their Union Township home over an August weekend while they attended a family reunion out of state.
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