Grand Jury testimony can be used at Carroll trial

January 11th, 2007    Author: Michael Bradley    Filed Under: News

The grand jury testimony of Liz Carroll, which was made public Dec. 18, can be used as evidence in her Clermont County murder trial.

On Jan. 3, Clermont County Court of Common Pleas Judge Robert Ringland denied the motion made by defense attorney Gregory Cohen that the Hamilton County grand jury testimony be suppressed as evidence.

Cohen argued that Liz Carroll was in a fragile state of mind, suicidal, and “mentally deficient” at the time of the original questioning before the grand jury Aug. 28. He argued that she was pressured and overwhelmed with questions and not mentally equipped to understand what was happening to her.

After careful review of the grand jury testimony transcripts, in which Carroll revealed under oath that she had initially lied to police about what happened to three-year old foster child Marcus Fiesel, Judge Ringland ruled that he saw no evidence that she had been coerced or pressured in any way to say anything damaging to her case.

In fact, the transcripts show that she was specifically advised by Hamilton County Prosecutor Joe Deters, Assistant Hamilton County Prosecutor Mark Piepmeier, and Clermont County Assistant Prosecutor Daniel "Woody" Breyer not to say anything that may incriminate her in the death of Fiesel.

According to the Hamilton Grand Jury testimony, Carroll said that the death of Marcus Fiesel was accidental and that it was family friend and live-in girlfriend Amy Baker who hatched the plan to restrain Marcus and leave him locked in a closet of their Union Township home while they attended a family reunion out of state.

Upon their return, Carroll also revealed that it was Baker and her husband David Carroll, Jr. who discovered, removed, and disposed of the body.

Carroll further stated that it was Baker's idea to say that Marcus had wandered off and had gotten lost in an Anderson Township park.

Judge Ringland did grant a request Jan. 3 that Liz Carroll's murder trial be delayed; the trial was originally scheduled to begin Jan. 22, it has now been delayed until Feb. 12.

The county murder trial of her husband, David Carroll, Jr. is scheduled to begin Feb. 26 in the courtroom of Judge Jerry McBride.
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