The criminal charge against Amy Baker has been dismissed.
In a Mason County courtroom Feb. 14, Kentucky Judge Lewis Nicholls dismissed Baker’s charge of tampering with evidence for her role in the murder cover-up of 3-year-old Marcus Fiesel.
In the judge’s written decision, he decided that the tug-of-war between Mason County and Clermont County prosecutors in regard to Amy Baker’s immunity deal must finally come to an end – a conclusion that has now been resolved in favor of the accused.
Baker was granted immunity in Ohio in exchange for the eyewitness testimony in late summer 2006 by revealing when and how foster child Marcus Fiesel was murdered at the hands of his foster parents, Liz and David Carroll.
After a dramatically misleading appearance on local television, in which Liz Carroll pleaded for the safe return of Marcus, a community-wide search ensued. A week later, the search was called off when Baker broke the case with her revealing grand jury testimony.
Before the very public trial of Liz Carroll (her husband David pleaded out to avoid a trial), Baker was granted immunity in exchange for her testimony which led to the conviction and subsequent incarceration of Liz Carroll.
In that trial testimony, Baker admitted to helping David Carroll burn and then dispose of the boy's remains over the side of a Maysville bridge to cover up the crime, an area of the Ohio River that Kentucky claims legal jurisdiction over.
Despite the immunity deal made with Clermont County prosecutors, the state of Kentucky, not recognizing any immunity deals, pursued their own charges against Baker and charged her with tampering with evidence, a class-D felony with a possible five-year prison sentence.
Judge Nicholls wrote in his 26-page opinion that at first glance it may seem that his ruling to dismiss the charge levied on Baker would allow a confessed criminal go free, but went on to assert that the two criminals "primarily responsible for the death of Marcus Fiesel were his foster parents, Liz and David Carroll."
The judge continued by stating what the Clermont prosecutors have said all along; that without the testimony of Baker, the Carrolls could have possibly gotten away with the crime that has captured the media's attention for almost two years.
Clermont prosecutor Don White, who has continually supported and defended Baker's immunity deal in Ohio, said that he felt that the decision to dismiss the charge against Baker was a "victory for justice."
David and Liz Carroll are serving life sentences in prison; Baker is now free.