Liz Carroll case goes to the jury Wednesday afternoon

February 21st, 2007    Author: Michael Bradley    Filed Under: News

The fate of Liz Carroll now lies in the hands of nine women and three men.

The testimony in the Liz Carroll murder trial is over and both sides had the opportunity to present closing arguments to the jury Feb. 21.

During closing arguments, the prosecution and the defense went over the facts one last time to remind the jurors of what they heard and saw during the eight-day trial.

Liz Carroll is accused of murder and four other charges in the death of her 3-year-old foster son Marcus Fiesel.

Liz Carroll
In his closing statements, Hamilton County Assistant Prosecutor Mark Piepmeier said that the entire case really began on May 5 when Liz and David Carroll signed a contract agreeing to take care of Marcus Fiesel with the stipulation that they would never leave him unattended.

Piepmeier said that whether or not you believe Amy Baker, the Carrolls live-in girlfriend and star witness for the prosecution, Liz Carroll was a principal offender in the crime and aided and abetted in Marcus' tragic death.

He further stated that Baker, who gave her damaging testimony to an overcrowded courtroom Feb. 19, was an "emotional and credible" witness for the state because each and every facet of her story has been checked and verified many times over.

Baker's continued immunity is contingent on her continued cooperation with authorities and on the fact that she is not found to have any hands-on involvement regarding the death of Marcus.

Baker testified that it was Liz Carroll who wanted to leave Marcus wrapped and bound in the family home closet over the weekend of Aug. 4 which ultimately became his tomb. Baker also testified that she helped cover up the crime by driving with David Carroll to a burned out chimney in rural Brown County where she sat in the car and watched while David Carroll burned the body before driving to a bridge and throwing the remains into the Ohio River.

Finally, Piepmeier concluded by saying that the four words that sealed the fate of the accused was during her grand jury testimony when Liz Carroll said "it was an accident."

In Defense Attorney Gregory Cohen's closing statement, he laid all of the blame for the death of Marcus Fiesel on Amy Baker.

Cohen said repeatedly that Amy Baker is a proven liar, saying that she lied to the police (which Baker admits) over and over again in the days that followed the death; in light of this, the jury should disregard her testimony as even more lies, he said.

Cohen's defense painted Liz Carroll as a "desperate" domestic violence victim who was being controlled by husband David Carroll and girlfriend Amy Baker. As these words were spoken, Liz Carroll shed tears for the first time since the trial began.

If found guilty of being involved in any way of a violent offense, including restraining Marcus and holding him against his will, or causing serious physical harm or death, Liz Carroll can be found guilty of murder, Judge Robert Ringland said.

If the jury finds that Liz Carroll created a substantial risk to the safety of Marcus which resulted in serious physical harm, or death, then Liz Carroll can be found guilty of involuntary manslaughter, the judge advised the jury.

Before closing arguments ended, Clermont County Assistant Prosecutor Daniel Breyer remarked that Marcus Fiesel was a loving child who loved to be hugged.

"It is a shame that his last hug on earth was from a blanket." the prosecutor said.

Before Judge Ringland gave his final instructions to the jury, Breyer had one last comment in his closing rebuttal regarding the manner in which Marcus lost his life.

He said, "You know, they say that you wouldn't treat a dog like that. And you know what? She wouldn't (pointing to Liz Carroll). She took the dog with her."

To which Liz Carroll yelled out, "The dog was alive."

This was the first time that Carroll had spoken during the trial and the last thing that the jurors heard before adjourning to deliberate her fate.
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