David Carroll, Jr.’s Clermont County murder trial has been postponed until March 19 and he has until Feb. 22 to decide whether or not to accept a plea bargain in the death of his three-year old foster son Marcus Fiesel.
On Feb. 6, Clermont County Judge Jerry McBride granted a six-week continuance to Carroll’s new attorney Cathy Adams.
Batavia private defense attorney Adams was retained by the family of David Carroll Feb. 1 to defend him in the murder trial; court appointed attorneys Scott Rubenstein and Steophen Wenke have now been released from his defense team.
The new counsel and the continuance will not affect the proposed plea bargain.
White said that the plea bargain, which has been discussed since the beginning of the case in September, has not yet been accepted by Carroll.
If Carroll, who has pleaded not guilty to all charges in the involved counties, does accept the plea bargain, he will most likely be sentenced to life in prison. White said that he would spend a minimum of 15 years in prison on the murder charge and a full year on the gross abuse of a corpse charge before being eligible for parole.
If convicted of all eight charges in the Clermont jury trial, he will not be eligible for parole for at least 26 years, White said.
White has said publically that he does not anticipate a plea bargain and that prosecutors would never agree to dropping a murder charge for any accused defendant. He called a plea bargain offer on the lesser charges "a sure thing" and said that the thought process behind any plea bargain is to save the victims from going through a trial.
Besides Marcus, White said, the victims in this case are those who searched for the boy after the Carrolls, who were indicted in Clermont County Sep. 6, said that he had gone missing from a park in Anderson Township.
In addition to murder and gross abuse of a corpse, David Carroll, 29, is also charged with involuntary manslaughter, felonious assault, kidnapping, and child endangerment. In Hamilton County, he is charged with making false alarms and inducing panic.
The death penalty is not an option for Carroll because prosecutors say that he never intended for Marcus to die after he and his wife allegedly tied the boy up in a closet of their Union Township home while attending a weekend family event out of state.
Amy Baker, the live-in girlfriend of Liz and David Carroll, is expected to be the primary witness against them in exchange for immunity from any prosecution involved in the case (Liz Carroll has implicated Baker in her grand jury testimony about the murder).
The murder trial of David Carroll begins March 19 before Clermont County Common Pleas Judge Jerry McBride and the murder trial of Liz Carroll is expected to begin the first of next week.