Marcus Fiesel, a 3-year-old American child, met a tragic end in Clermont County, Ohio, in August 2006. He had been taken from his mother’s care by Child Protective Services and was placed with foster parents David and Liz Carroll in Union Township. Unfortunately, Marcus lost his life due to hyperthermia after enduring restraint and neglect in a closet for a two-day period.
The devastating incident led to legal consequences for the foster parents. On February 21, 2007, Liz Carroll was convicted of m*rdering Marcus. Subsequently, on February 26, 2007, it was reported that attorneys for David Carroll had reached a plea agreement. The case exposed a distressing failure in the foster care system, highlighting the need for improvements in child protection and oversight.
Background
Marcus Fiesel, born on June 24, 2003, spent the initial three years of his life in Middletown, Ohio, with his mother Donna Trevino (née Fiesel), and his siblings, Michael and Peaches. Described as “an awesome little guy” by a neighbor, Marcus had a fondness for flowers, Bob the Builder, and bubbles. He was known to be autistic and attended a school catering to special needs children.
Despite being an active child, Marcus’s mother struggled to cope with him, leading to occasional reports of domestic disturbances at their home. Donna Trevino was a regular victim of domestic violence from her boyfriend. The living conditions at the residence were problematic, marked by a flea infestation and a pervasive odor of feces, as noted by police during their visits.
On September 29, 2005, police observed severe bruising on Marcus’s left but.tock, and the family was under investigation by child welfare workers due to reports of ab*se. In January 2006, Marcus crawled out of a second-story window, resulting in a fall from the roof and a cut to his chin requiring stitches. In April 2006, he was found wandering the streets and narrowly avoided being hit by a car.
Donna Trevino expressed to the police that she felt overwhelmed and unsure if she could continue caring for her children. As a result, Butler County Job and Family Services were granted temporary custody in April 2006. This series of incidents highlighted the challenging circumstances surrounding Marcus’s upbringing and the need for intervention to ensure his safety and well-being.
Foster care
Fiesel was placed in the care of Liz and David Carroll, foster parents from Union Township in nearby Clermont County, by Lifeway for Youth, a private agency contracted by the state foster care system. At that time, Lifeway for Youth was unaware of David Carroll’s undisclosed mental health issue, which, if known, would have disqualified him from being a foster parent. Additionally, the agency did not know that a third adult, Amy Baker, reported to be the Carrolls’ girlfriend, was residing in the home.
In June 2006, David Carroll was arrested on a domestic violence charge, later dismissed, and failed to report the incident to Lifeway for Youth as required. Family and friends revealed that David Carroll harbored a dislike towards Fiesel and was envious of the constant attention Liz Carroll and Baker gave to the child. At one point, Carroll left his wife, unsure if he wanted to raise foster children with her, and upon returning, he brought Baker with him.
Disappearance
On August 15, 2006, Liz Carroll reported the disappearance of Fiesel, stating that she had blacked out due to low blood pressure at Juilf’s Park in neighboring Anderson Township. At the time, she was with four children: one from her relationship with David Carroll, another foster child, a toddler she was babysitting, and Fiesel. Carroll explained that upon regaining consciousness, Fiesel was no longer present.
As part of the official search for Fiesel, hundreds of people and search dogs scoured the area, with thousands more independently searching surrounding neighborhoods. Despite these efforts, there was no sign of the missing child.
On August 22, 2006, Liz Carroll held a press conference, appealing for Fiesel’s return. She implored the public, saying, “I need help from the public to help my son, Marcus is my son. I know people think foster care is temporary, but please return him to a hospital. […] Waking up every morning and not having him run to me is very difficult. I am closer than his birth mother to him.” Due to the absence of witnesses who reported seeing Fiesel in the park with Liz Carroll on August 15, and the lack of any traces of him, both the police and the public began to grow suspicious of the Carrolls’ claims.
Discovery of Fiesel’s d*ath
Fiesel’s charred remains were located on an 88-acre (360,000 m2) property belonging to Mike Cales in Brown County, Ohio. Police reported that Liz and David Carroll had left Fiesel confined in a closet, secured with a blanket and packing tape, while they attended a family reunion in Williamstown, Kentucky from August 4 to 6, 2006. Liz Carroll confirmed this during her testimony before a grand jury on August 28, 2006, stating, “I didn’t have any intentions of hurting him.”
Fiesel was left without sustenance, but authorities suspected he succumbed to heat rather than dehydration or starvation, as temperatures in the closet could have risen to 105–110 °F (41–43 °C). They discovered him lifeless upon their return home. Authorities believed that David Carroll and Amy Baker were responsible for incinerating Fiesel’s body. Amy Baker was granted immunity in Ohio in exchange for her testimony, but she faced extradition from Ohio to Kentucky on a tampering with evidence charge filed against her by Mason County. Although Amy Baker admitted to assisting in disposing of the body in the Ohio River, charges against her were later dismissed.
Charges against Liz and David Carroll
Indictments were issued against both Liz and David Carroll in Clermont County and Hamilton County, alleging their involvement in Fiesel’s demise and obstruction of the police inquiry into his disappearance.
On August 28, 2006, a Hamilton County Grand Jury indicted Liz and David Carroll on two charges of child endangerment and one count of involuntary mansl*ughter. Additionally, David Carroll faced an extra charge of gross abuse of a corpse.
The following day, August 29, 2006, further indictments were brought against the Carrolls in Hamilton County. Both David and Liz were accused of making false alarms and inducing panic, while David faced an additional charge of gross ab*se of a corpse. Liz incurred two extra charges of perjury.
On September 1, 2006, during a joint press conference, Clermont County Prosecutor Don White and Hamilton County Prosecutor Joe Deters outlined the prosecution plans. Clermont County would handle all m*rder and/or hom*cide charges, given that Fiesel’s d*ath occurred in the Carrolls’ Union Township residence. However, since the State of Ohio alleged the Carrolls tried to conceal Fiesel’s d*ath in Anderson Township in Hamilton County, all charges related to inducing panic and covering up the child’s d*ath would be prosecuted there.
Several days later, on September 6, 2006, a Clermont County grand jury indicted David Carroll on eight criminal counts. The charges against both Carrolls included one count each of m*rder, involuntary mansl*ughter, kidn*pping, and felonious assault, along with three counts each of endangering children. David Carroll also faced one count of gross abuse of a corpse.
Trial
On February 21, 2007, Liz Carroll was found guilty of all charges by a jury consisting of nine women and four men, deliberating for 4–6 hours. The trial spanned 10 days, commencing on February 12, 2007, and concluding on February 21, 2007. Despite her lawyer, Gregory A. Cohen, pledging to appeal, concerns arose over a juror’s reported statement in an interview expressing certainty of Liz Carroll’s guilt, prompting additional scrutiny.
In closing remarks, Assistant Prosecutor Daniel Breyer emphasized the disparity between the treatment of their dog and Fiesel. Referring to the Carrolls bringing their dog to the family reunion but leaving Fiesel at home, Breyer remarked, “They say you wouldn’t treat a dog like that, and you know what? She [Liz] wouldn’t! She took the dog with her. She took the dog with her.” Liz Carroll retorted after Breyer’s statement, saying, “The dog was alive!”
On February 22, 2007, Liz Carroll was sentenced to 54 years to life.
In a plea deal, David Carroll pleaded guilty to m*rder and gross ab*se of a corpse. Admitting his presence, he claimed that Amy Baker bound Fiesel. The judge accepted his plea, and he received a sentence of 15 years to life in prison.
On April 20, 2007, the Commonwealth of Kentucky charged Amy Baker with evidence tampering, asserting that the immunity granted to her applied only to the state of Ohio, and Kentucky held jurisdiction over the Ohio River. Despite her extradition and defense against charges in Kentucky, which carried a maximum five-year sentence, her attorneys sought dismissal of all charges, alleging promises of immunity made by the Kentucky prosecutor to Ohio prosecutors. Her trial, initially set for November 7, 2007, in Maysville, Kentucky, was later dropped in early 2008.
Memorializing Fiesel, the chimney used for his remains was demolished on April 21, 2007, transforming into a peaceful memorial. In Hanlon Park-Georgetown, Ohio, a bench was dedicated to his memory on June 24, 2007, his would-be 4th birthday.
Effects on foster care in Ohio
The Fiesel d*ath case has prompted inquiries about the placement of foster children in Ohio and other locations. The agency Lifeway, responsible for placing Fiesel with the Carrolls, had its license revoked. This has led to the introduction of various bills in the United States Congress, and investigations are ongoing to understand why Fiesel was placed with the Carrolls.
Numerous placement organizations have adjusted their procedures and increased background screening for potential foster parents. Overall, 55 changes to Ohio’s foster care system have been recommended by state legislators, foster care workers, and child advocates.
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