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Marcus Fiesel was an American foster care child murder victim. On February 21, 2007 his foster mother Liz Carroll was convicted of murdering him. On, February 26, 2007, it was announced attorneys for his foster father, David Carroll had reached a plea agreement, which was finalized on Tuesday, February 27 at 8:30 A.M.
Life with mother
Fiesel spent the first three years of his life with his mother Donna Trevino (née Fiesel) and his two siblings, Michael and Peaches, in Middletown, Ohio. He was described by a neighbor as "an awesome little guy" who loved flowers, Bob the Builder, and bubbles. According to friends, he had autism and attended a school for special needs children. Fiesel was a very active child, and his mother found it difficult to cope with him. A neighbor said she occasionally saw Trevino weeping with exhaustion. Trevino also was suffering from domestic violence at the hands of her boyfriend, which led to frequent calls to the police. During these visits, police officers noticed that the home was infested with fleas and reeked of feces. On September 29, 2005, police observed severe bruising on Fiesel's left buttock. The family was also being investigated by child welfare workers, who had received complaints of abuse. In January 2006, Fiesel crawled out of his second-story window and fell off the roof, resulting in a cut to his chin that required stitches. In April 2006, Fiesel was found wandering the streets and was almost hit by a car. Trevino told police that "she didn't know if she could care for her children any more and that it was getting to be too much for her."She handed them over to Butler County.[2]
Foster care
Lifeway for Youth, a private agency contracted by the state foster care system, placed Fiesel in the care of foster parents Liz and David Carroll. At the time, they did not realize that David Carroll had bipolar disorder and that a third adult, Amy Baker, said to be David and Liz Carroll's girlfriend, was living in the home. David Carroll's psychological condition would have disqualified him as a foster parent if known. In June, 2006, David Carroll was arrested on a domestic violence charge that was later dismissed. He did not report the arrest to Lifeway, as required.[3] Family and friends said that David Carroll did not like Fiesel and was jealous of his "constant" need for attention from Liz Carroll and Baker. At one point he left his wife because he wasn't sure he wanted a life with her raising foster children. When he moved back in with his wife, he brought Baker with him.[4]
Disappearance
Liz Carroll reported that Fiesel had gone missing on August 15, 2006. She said that she had been at Juilf's Park in Anderson Township with four children (a child she had with David Carroll, another foster child, a toddler she was babysitting, and Fiesel) when she blacked out due to low blood pressure. She said when she regained consciousness, Fiesel was missing.[4]HYPERLINK "http://en.wikipedia.org/wiki/Marcus_Fiesel" \l "cite_note-terrell-4"[5] Hundreds of people, and search dogs, searched the area for Fiesel, but found nothing.[4] On August 22, 2006, Liz Carroll held a press conference asking that whoever may have taken Fiesel return him. She said, "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."[5] Because no witnesses reported seeing Fiesel in the park with Liz Carroll on August 15, and no trace of him was found, police and the public grew suspicious of Liz and David Carroll's claims.[6]
Discovery of Fiesel's death
Fiesel's incinerated remains were discovered on an 88-acre (360,000 m2) estate owned by Mike Cales in Brown County, Ohio. Police said that Liz and David Carroll had left Fiesel locked in a closet, bound with a blanket and packing tape,[7]while they attended a family reunion in Williamstown, Kentucky August 4-August 6, 2006. This was confirmed by Liz Carroll in testimony before a grand jury on August 28, 2006; she claimed, "I didn't have any intentions of hurting him."[8] Fiesel was left without food or water, but authorities believed he was killed by heat rather than dehydration or starvation, as temperatures in the closet may have reached 105-110°F. They found him dead when they returned home. Authorities believed it was David Carroll and Amy Baker who incinerated Fiesel's body. Amy Baker was granted immunity in Ohio in return for testimony, but is currently facing extradition from Ohio to Kentucky for a Tampering with Evidence charge against her brought up by Mason County, Kentucky. Amy Baker confessed to helping to dispose of the body in the Ohio River. The charges against her have now been dropped.[6] HYPERLINK "http://en.wikipedia.org/wiki/Marcus_Fiesel" \l "cite_note-foxreno-8"[9]
Charges against Liz and David Carroll
Liz and David Carroll are the prime suspects in Fiesel's death. Both Liz and David Carroll were indicted in Clermont County, Ohio and Hamilton County, Ohio for playing a part in Fiesel's death and hindering the police investigation into Fiesel's disappearance. On Monday, August 28, 2006 Liz and David Carroll were indicted by a Hamilton County Grand Jury on two counts of child endangerment, and one count of involuntary manslaughter. David Carroll was charged with an additional count of gross abuse of a corpse.[10]HYPERLINK "http://en.wikipedia.org/wiki/Marcus_Fiesel" \l "cite_note-10"[11]HYPERLINK "http://en.wikipedia.org/wiki/Marcus_Fiesel" \l "cite_note-11"[12] A day later on 29 August 2006 additional Hamiton County indictments were made against the Carrolls. Both David and Liz were charged on one count of making false alarms, and one count of inducing panic. Furthermore, David was charged with one count of gross abuse of a corpse. Liz was charged with two additional charges of perjury.[13] On 1 September 2006 Clermont County Prosecutor Don White and Hamilton County Prosecutor Joe Deters held a joint press conference, where they discussed plans for prosecuting the defendants. All murder and/or homicide charges were to be prosecuted by Clermont County, since Fiesel's death occurred inside the Carroll's Union Township home. However, since State of Ohio contends the Carrolls attempted to cover up Fiesel's death in Anderson Township, Hamilton County, Ohio all charges related to inducing panic and covering up the death of the child would be prosecuted in Hamilton County.[14] Several days later on Wednesday September 6, 2006 a Clermont County grand jury indicted David Carroll on eight criminal counts. The charges against theCarrolls included: murder (1 count each), involuntary manslaughter (1 count each), kidnapping (1 count each), felonious assault (1 count each), endangering children (3 counts each). David Carroll was also charged with one count of gross abuse of a corpse.[15]HYPERLINK "http://en.wikipedia.org/wiki/Marcus_Fiesel" \l "cite_note-15"[16] Trials Liz Carroll was found guilty of all charges on February 21, 2007. The jury, made up of nine women and four men, deliberated for 4-6 hours. The trial lasted for 10 days beginning on February 12, 2007 and ending on February 21, 2007. Her lawyer Gregory A. Cohen has promised to appeal. The appeal is also over a report that a juror reportedly said in an interview that she "knew in her heart Liz Carroll was guilty". During closing comments the assistant prosecutor said "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." He referred to the Carrolls taking their dog with them to their family reunion, but leaving Fiesel at home. After the assistant prosecutor's closing remarks Liz Carroll said: "The dog was alive!"[17] [18] She was sentenced to 54 years to life on February 22, 2007. After accepting a plea deal, David Carroll pleaded guilty to murder and gross abuse of a corpse. The judge accepted his plea, and sentenced Carroll to 16 years to life in prison. Carroll said that Amy Baker bound Fiesel, but he admitted he was present. On Friday, April 20, 2007, the Commonwealth of Kentucky Charged Amy Baker with Tampering with Evidence. Prosecutors in Kentucky claim that the immunity she was given was only with the state of Ohio and Kentucky has jurisdiction over the Ohio river. She waived extradition and is currently defending charges brought against her in Kentucky, which carry a maximum five year sentence. Her attorneys are currently moving both to dismiss all charges against her and to suppress all testimony given by her in the prosecutions of Liz and David Carroll and are alleging that the Kentucky prosecutor promised Ohio prosecutors to give Amy Baker immunity in Kentucky as well. Her trial was set for November 7, 2007, in Maysville, Kentucky. Her charges were then dropped in early 2008. Memorials On Saturday, April 21, 2007, the chimney which was used to burn Fiesel's remains was demolished and turned into a memorial to him in a peaceful setting. Hanlon Park-Georgetown, OH, a Bench was dedicated to his memory on what would have been his 4th birthday, June 24, 2007.
Effects on foster care in Ohio The case of Fiesel's death has led to many questions over the placement of foster children within the state of Ohio and elsewhere. Lifeway, the agency that placed Fiesel with the Carrolls, had its license revoked.[8] Several bills have been put before the United States Congress and investigations continue into why Fiesel was placed with the Carrolls. Many placement organizations have since modified their procedures and intensified their background screening for potential foster parents. In all, state legislators, foster care workers, and child advocates have recommended 55 changes to Ohio's foster care system.[19
DCF admits it failed to prevent 15-month-old's death
Helen Eckinger | Sentinel Staff Writer January 23, 2009
Blake Rupe died from "blunt-force trauma." His death was ruled a homicide. (January 22, 2009)
In August, the Department of Children and Families told Emmalee Fore that she was providing a "loving and safe" home for her two children. Four months later, her son was dead. Lake County's medical examiner found that 15-month-old Blake Rupe died from "blunt-force trauma" and declared his death a homicide. His tiny bones -- two ribs, a collarbone, both arms and a thigh -- were broken before his death, doctors found. Police are investigating but have not identified any suspects or made an arrest. Now, DCF has released reports on its handling of the case, and its officials admit that the agency failed to ensure Blake's safety in several key instances. A caseworker waited 10 days to inspect Blake's bruises, a critical court petition wasn't filed, a DCF investigator gave prosecutors incomplete information and a mandatory report about the family's stability wasn't filed before an abuse case was closed. As a result, a caseworker and her supervisor were fired, and two other employees were put on leave. But DCF insists the problems with Blake's case were isolated and not indicative of systemwide failures. "What is so devastating about this case is that sometimes we never have the chance to intervene," said Carrie Hoeppner, a spokeswoman for DCF. "We had eight months with this family." The agency first opened a child-abuse case in January 2008 when the family, including Fore's boyfriend, David Tatara, 27, lived in Kissimmee and took Blake to the hospital with a mouth injury. Doctors at Osceola Regional Medical Center said someone likely shoved a pacifier or bottle into his mouth. Fore, 21, blamed her older daughter, saying she poked Blake. She also said the boy had hurt himself while learning to crawl. Fore agreed to put both children in day care, take parenting classes and receive unannounced visits from a caseworker. After that, according to DCF, management of the case went awry: *Tatara called the caseworker in April and said Blake had bruises on his face after getting hurt at day care. The bruises were healed by the time the caseworker checked on Blake -- 10 days later. "That delay was just not acceptable," said John Cooper, acting assistant secretary of DCF and its regional director for Central Florida.
*Blake's case was deemed "high-risk" in May, prompting a DCF lawyer to draft a petition asking a judge to oversee Blake's case. The judge would have added an extra level of supervision to the case, including deciding whether his case should be closed. The petition was drafted but never filed. No one knows why.
*The Kissimmee Police Department in June recommended that the State Attorney's Office file a child-neglect charge against Fore because of Blake's mouth injury in January. Prosecutors declined a month later, saying in a letter that "DCF is providing services and does not recommend prosecution as they believe that the injury was accidental."
Prosecutors based their decision on bad information, the agency found. They talked to a DCF investigator who told them about Blake's alleged injuries from the day care in April. The investigator should have told prosecutors about the mouth injury in January.
*A new caseworker visited the family twice in August and closed the case. She and her supervisor sent Fore a letter saying, "Your children have been in a loving and safe environment during your involvement with the Department of Children and Families." No one wrote the required report explaining why the family was considered stable. Then the family moved to Tavares.
*Emergency workers rushed Blake to the hospital after the Tavares Police Department received a report Dec. 15 that he wasn't breathing. Tatara was watching Blake and his 2-year-old sister. Fore wasn't home. Tatara said he found Blake on the tiled floor under his playpen, and that the toddler had climbed out of the playpen in the past. Two days later, Blake died at Orlando Regional Medical Center. His sister was placed in foster care, and doctors later found that she had three partially healed fractures in her left arm.
*Senia Jorge, who waited 10 days to inspect Blake's injuries in April, and her supervisor, Joel Colon, were fired. Noelle Prosper, Blake's caseworker after Jorge, and Brenda Caster, Prosper's supervisor, were placed on administrative leave but have since returned to work. Meanwhile, DCF's lawyers are developing a tracking system that will help them follow up on cases.
*Tavares police Chief Stoney Lubins said Blake's homicide case is his agency's "No. 1 priority."
"This case obviously has a tremendous history to it," Lubins said. "I want to make sure we have all of our ducks in a row."
Foster Parents Accused Of Abusing Toddler
Timothy Dodge's Birth Parents Blame Adams County Social Services POSTED: 8:37 am MST February 4, 2004 UPDATED: 12:11 pm MST February 4, 2004CASTLE ROCK, Colo. --
Castle Rock police are investigating a case of possible child abuse involving a foster child who was taken from his birth parents a month ago. Timothy Dodge's father blames the foster parents for the abuse and the Adams County social services for letting it happen.
Timothy was airlifted to Children's Hospital on Monday with some kind of brain injury. He remains there in critical condition. Timothy's grandmother told 7NEWS that he has undergone surgery, and is now on a ventilator.
Timothy Dodge Sr. said it was a relative who told him that his son had been rushed to the hospital.
"They had to flight for life my son in. I didn't know what to think. I mean, serious head trauma. He's only 2 1/2," Dodge said. "Right now, I'm just praying to God he doesn't die."
In early January, Adams County social services took Timothy and his sister from Dodge and his wife after a court found them unfit to be parents, a decision the Dodges strongly opposed.
The children were put in a foster home in Castle Rock, where Dodge claims they were mistreated. He went back to social services to plead his case.
"I asked them to remove those kids from that place. I said, 'Look, they're being abused. Look, I mean, I'm showing you, there's bruises, there's marks, there's scrapes, there's cuts,'" Dodge said. He said his wife, who visited their children several times, had the pictures to prove what they were telling social services was true -- that the kids were being hurt by their foster parents. But the children still weren't removed until the boy was taken away in an ambulance on Monday.
A spokesman for the Colorado Department of Human Services said, "We are terribly concerned when there's an allegation of abuse on the part of a foster parent. Kids in foster care are our responsibility and we carry a higher burden."
The boy's father has serious doubts about that statement.
"They're supposed to be protecting these kids. How can you protect them if you're not even really looking out for the best interests?" Dodge asked.
Timothy's sister has been removed from that home. Neither Castle Rock police nor social services are commenting specifically on this case.
Foster Family Had Other Children Taken Away Before Alleged Abuse
Department Of Human Services Investigating Castle Rock Family
POSTED: 2:43 pm MST February 16, 2004
UPDATED: 3:21 pm MST February 16, 2004
The Department of Human Services is investigating child abuse allegations after a child in foster care ended up in the hospital with serious injuries. Now, 7NEWS has learned that this isn't the first time the foster family has been accused of child abuse. The parents of the injured toddler want answers.
Timmy Dodge still has a swollen eye and the stitches from his brain surgery but his family says he is doing much better and getting back to his playful self. The signs for his recovery are good but the boy's father claims that if the Department of Human Services would have paid close attention to what he calls "signs of child abuse" at the foster parent's home, Timmy would not have to be at the hospital.
Since early January, Timmy and his sister Serenity have been living with foster parents in Castle Rock. Adams County Social Services took the two from Timothy Dodge Sr. and his wife after a court found them unfit to be parents. But the couple say it's the foster parents who are unfit.
"My kids were showing severe signs of mental trauma, bruises, serious scrapes," Dodge said.
After Timmy was rushed to Children's Hospital, Dodge said officials removed Serenity from the foster parents' care.
The Colorado Department of Human Services said this is not the first time that allegations of abuse have been raised regarding this foster family but they add their investigation could not validate previous claims.
However, the department says at least one child was removed from the home before the incident with Timmy.
Maple Star, the agency that certified the Castle Rock family also had issues with the Department of Human Services. In a monitoring team report from 2000, DHS cited Maple Star after several homes were found "out of compliance on health and safety inspections."
DHS also said Maple Star did not perform adequate background checks on some potential foster families.
For the Dodge family, they say these reports only support their claims that abuse occurred in the foster family's home but it's no comfort, they say, when their son is still stuck in a hospital bed, recovering from head trauma.Police Recommend Abuse Charges Against Foster Family
Castle Rock Investigators Say Timmy Dodge's Injuries Not Accidental
POSTED: 8:56 am MST March 24, 2004 UPDATED: 10:29 am MST March 24, 2004A
foster family may soon face child abuse charges for allegedly injuring a toddler in their care, 7NEWS reported.
Timmy Dodge, 2, is recovering from severe brain hemorrhaging. Investigators said his injuries could not be accidental.
Serenity, had been living with foster parents in Castle Rock since January after Adams County Social Services deemed Timothy Dodge Sr. and his wife as unfit parents.
Castle Rock police told 7NEWS that as a result of their investigation, they will recommend charges to the district attorney this week.
Serenity has been removed from the foster parents' care. Dodge said his son's injuries could have been prevented if the Department of Human Services would have paid close attention to what he calls "signs of child abuse" at the foster parent's home. He said he had pleaded with the department to pull his children out of the home. "I asked them to remove those kids from that place. I said, 'Look, they're being abused. Look, I mean, I'm showing you, there's bruises, there's marks, there's scrapes, there's cuts,'" Dodge said. He said his wife, who visited their children several times, had the pictures to prove what they were telling social services was true -- that the kids were being hurt by their foster parents. But the children still weren't removed until the boy was taken away in an ambulance on Feb. 2.
Foster Mother Accused Of Abusing Children
POSTED: 6:58 am MST November 30, 2004
Opponents of family preservation have a lot of great applause lines. They are for "child protection," they say. They are for "children's rights," they say. They are for "putting children first instead of families first," they say. And over and over again, they tell us they are just "erring on the side of the child."
But in the name of "child protection" children have been beaten. In the name of "children's rights" children have been raped. And in the name of "erring on the side of the child," children have been murdered. These are the stories of some of those children:
When Sara Eyerman of northern California was nineteen-months-old, child protective services was concerned that she wasn't growing fast enough. So they "erred on the side of the child" and placed Sara in a "specialized" foster home.
About six weeks later, Sara began running a 105 degree fever. But the "specialists" in the specialized foster home decided it was o.k. to wait two days before taking her to a doctor. On the way to the doctor's office, Sara Eyerman died of viral pneumonia.
"She should have been in the hospital two days earlier when she had a 104.8 [degree] temperature," said Sara's mother, Angie. "When she was home, she went to the emergency room if her temperature got over 101. I didn't care if they laughed at me when I got there or not. One time I took her when she was cutting a tooth ... I kept her alive for a year and seven months. They had her for six weeks and three days and she died."[1]
Authorities in New York City thought Caprice Reid wasn't being properly supervised by her mother. So they decided to "put the child first" and put the child in foster care. They made a "child focused" decision. They "erred on the side of the child." Eleven months after placement in her third foster home, Caprice Reid, then age four, was dead.
Death did not come quickly. She was starved. She was dehydrated. And her body was covered with bruises. Police say she was tied to a chair and beaten with a stick for four days until she could no longer walk.
The foster home was licensed by one of the scores of private agencies that handle foster care for the city in the midst of a sudden shortage of foster home beds caused by the city's decision to effectively abandon family preservation. The home was licensed even though another agency had found the home unfit just a few months earlier.
About a week before she died, Caprice Reid's mother saw her daughter for the last time. The little girl clung to her mother's neck and said "Don't go, Mommy. I love you."[2]
China Marie Davis was placed in foster care in Arizona when she was a little over a year old. Someone decided to "put the child first" and take her from her parents. They made a "child focused" decision. They "erred on the side of the child."
Ten months later, China Marie Davis' autopsy revealed two broken collarbones, a broken left arm, a broken right rib, two fractures of the left upper arm, a fracture of the right upper arm, broken left wrist, a broken left hand, a broken left forearm, a broken right wrist, a broken right forearm, fractures of both thigh bones and a compression fracture of the spine.
No one suspected anything because her foster mother always dressed her in such pretty outfits.[3]
Somebody "erred on the side of the child" and placed Corey Greer of Treasure Island, Florida, in a foster home that would later be described by police as "filthy and overcrowded." The home was licensed for four children. By the time Corey Greer died in his crib of dehydration, 12 were living there. The foster mother was convicted of manslaughter and third degree murder.
Corey Greer might have survived the overcrowding, if only he had been white. According to a witness at the foster mother's trial, the foster mother said that touching black children "just gives me the willies." According to the witness, the foster mother referred to Corey Greer as "a big black blob."[4]
Tina Ponce thought she was doing the right thing. She was suffering from bipolar disorder and couldn’t take care of her children. She also was too poor to get the help that a middle class family can count on. So she did the only thing she could think of: She asked the State of California to keep her children in foster care until she got better. Rather than provide Ponce with mental health services, the state "put the children first." They made a "child-focused decision." They "erred on the side of the child," and gladly threw the children into foster care. "I had five kids, I was alone, I didn’t have any money, Ponce said. "I thought it would be a temporary thing. I didn’t think they would be in the system that long or it would be that hard to get them back."
But when Ponce was better, she found it was much harder to get her children back than to get the state to take them. One day, while Ponce still was jumping through hoop after hoop in order to get her children back, she saw a television news story about a little girl who died after being left in her foster mother’s car in 100 degree heat.
It was her three-year-old daughter, Maryah.
"Even in my confusion, I never jeopardized my children’s safety or health," Ponce said. "If I had them, this wouldn’t have happened. I thought I was doing the right thing by putting them in foster care." [5]
When child protective services took four-year-old Jamie Mayne from his father, they never bothered to tell his mother, Marie Panos, who was not living with the man. The mother was never accused of abusing or neglecting the boy. But after she found out about the removal two days later and offered to care for him, authorities in California refused. They decided to make a "child focused" decision, to "put the child first," to "err on the side of the child" by placing Jamie with a stranger.
"I went up to them to get my children, and they said they’re in the system now and I had to do a case plan in order to get my kids back," Panos said.
But a jury in Visalia, California found that while Panos was working on her "case plan," Jamie was being tortured and murdered by his foster mother. He died of a collapsed heart, a ruptured small bowel and an abdominal hemorrhage. There were more than 40 bruises on his body. "It’s hard because I can’t pick him up and kiss him," Panos said at the foster mother’s trial. "All I have is a headstone to look at instead of his beautiful face."[6]
Authorities in Massachusetts decided to "put the child first" and take seven-year-old Michelle Walton away from her parents. They made a "child focused" decision. They "erred on the side of the child."
Three years later, the body of Michelle Walton was found in the dirty hallway of her foster home, under 380 pounds of Sheetrock. Her foster mother says it was an accident. But a judge found that it was murder. And he found that Michelle was chronically sexually abused during her time in "care."
No one has been charged. According to the Boston Globe, Michelle's mother "heads to work every day with a worn Peanuts knapsack on her back crammed with her daughter's autopsy report and assorted other documents that chronicle her death and proffers them to most anyone interested. Not many are.
"'I carry 'em because it makes it easier for my sanity ... It helps me from going insane. Or maybe it just keeps her alive a little bit longer.''[7]
Of course most foster parents don't harm the children in their care -- but most birth parents don't either. The case against family preservation has been fueled by "horror stories." It's important to remember that there are horror stories in foster care -- and family preservation has the better track record.
More examples of the harm of "erring on the side of the child" can be found in Issue Paper 6.
1. Kent Pollock, "The Child Protectors: Innocent Suffer in War to Protect," Sacramento Bee, August 3, 1986, p.1 Back to Text.
2. Rachel Swarns, "Agency Was Warned About Foster Mother Charged in Girl's Death," The New York Times, July 2, 1997, p.B3; Michelle McPhee et. al., "Two Charged in Foster Death" New York Daily News, July 2, 1997, p.17 Back to Text.
3. Clint Williams and Norm Parish, "Few Grown-Ups Wanted to Bother With China Marie Davis," The Arizona Republic, April 9, 1994, p.A1 Back to Text.
4. Diana Smith, "Foster Baby's Death Spurs Corrective Action by State," Associated Press Dec. 8, 1985, "Race Issue Raised in Baby's Death," United Press International, Oct. 22, 1986," Woman Faces Seven Years in Foster Child's Death," Associated Press, June 13, 1988. Back to Text.
5. Rachel Tuinstra, "Tot’s Family Still Dazed," The (Riverside, CA) Press Enterprise, July 6, 2001, p.B1 Back to Text.
6. Jennifer M. Fitzenberger, "Visalia woman gets life for death of 4-year-old foster son," Fresno Bee, Sept. 12, 2001, p.B1; Jennifer M. Fitzenberger," Convicted foster mom’s ‘a good mother,’" Fresno Bee, May 24, 2001, p.A1 Back to Text.
7. Sally Jacobs, "Who Killed Michelle Walton?" The Boston Globe, December 10, 1995, p.1. Back to Text.
