August 29th, 2006 I wrote a post called He was a little boy about Marcus Fiesel age 3 years old.
In April of 2006 Marcus was removed from his Mother’s home due to actions that authorities felt were neglectful and endangered Marcus. Marcus was placed into the foster system for his safety and well being.
In August that foster family wanted to go to a family reunion, but they allegedly did not want to take Marcus with them.
Three adults were at the home before they left for the reunion. David and Liz Carroll the foster parents, and Amy Baker- allegedly the Carroll’s live in girlfriend.
Soon after their return from the family reunion, they reported Marcus Fiesel missing.
Law enforcement, neighbors and other community members formed search parties and spent days in the hot weather combing the park and the surrounding area for Marcus, but found no signs. Dogs used in the search found no scent of him.
Press conferences and interviews were held by Liz and David Carroll begging for someone who had seen Liz in the park with Marcus to come forward. No one stepped forward.
Meanwhile behind the scenes, law enforcement quietly began tracing the movements of the family in the days before the report of the missing child. Marcus had not been seen for several days prior to the missing report.
They promised Amy Baker immunity if she would talk and tell what happened to Marcus, if she would take them to where he was.
According to Amy Baker, Marcus Fiesel was bound in a blanket and placed in a playpen in a closet. He was left there for more than 24 hours while the family and Amy Baker went to the reunion.
When they returned, they found Marcus dead.
Amy Baker told that she and David took Marcus’s body to a chimney in a rural area, and there gasoline was splashed on his remains and lit. After being burned multiple times, what was left was put into a garbage bag and taken to an Ohio River Bridge and dropped off the side.
All investigators found at the chimney, were a few bone fragments.
Both the Carroll’s and Amy Baker’s children were removed from their homes.
Amy Baker had immunity. Liz Carroll went to trial and was found guilty, with a total sentence of 54 years to life. David Carroll pled guilty and was sentenced to 15 years to life.
Amy Baker remained free due to her immunity deal.
The community was highly critical of the immunity deal. Both the Carroll’s and Amy Baker were allegedly present when Marcus was bound in the blanket and placed in the closet. All three attended the reunion while Marcus was in the closet. All three were allegedly present when Marcus was found dead, and all three were aware of the plans to hide the crime.
Amy Baker allegedly went with David Carroll and allegedly assisted in disposing of the body. She remained free.
Until now. Ohio authorities are bound by their plea agreement with Amy Baker. She cannot be charged with the crimes the Carroll’s were convicted of.
However, there is a fact that is common knowlege, but few remember. The river is called Ohio. However, it is owned by Kentucky. The bridges are owned and maintained by Kentucky and are Kentucky jurisdiction. And Kentucky had no say in the immunity deal with Amy Baker.
As Amy Baker and David Carroll allegedly dropped the remains of Marcus off the bridge over the Ohio river- they allegedly committed a crime in Kentucky. And Kentucky is out of Ohio’s jurisdiction.
Amy Baker has been arrested on a warrant out of Mason County Kentucky on charges of tampering with evidence.
David Carroll has also been charged with tampering with evidence in Kentucky, and it is believed that he may testify against Amy Baker in exchange for any sentence he should receive to be run at the same time as the other sentences he has.
Bond has been set at $50,000 for Amy Baker, although the Clermont Co. Prosecutor had requested that she be released on her own recognizance. Baker reportedly has said she will fight extradition to Kentucky to face the charges.
No bond was set for David Carroll, because he is already in prison.
The Clermont Co. Prosecutor is not happy with the arrest. He says he made the plea deal with Amy Baker that she would not be charged with any actions she took after Marcus died. In the past he made the point that Amy Baker was not responsible for Marcus’ well being, the Carrolls were. And that in making the plea deal with Amy Baker, he felt he was able to bring charges against the two who were most culpable in the crime. And that without her assistance, he may not have been able to charge them and that what was left of Marcus’s remains may never have been found.
This was a crime that covered many jurisdictions.
The Carroll’s, Marcus and at times Amy Baker lived in Clermont County. Clermont County is where Marcus was bound and left and where he died. Both the Carroll’s and Amy Baker were reportedly present. Amy Baker did not call for assistance and she also left. David and Liz Carroll were convicted in Clermont County.
Hamilton County is where the disappearance was reported and where Liz Carroll was convicted of crimes relating to filing the report of his disappearance- a disappearance that she well knew did not happen.
Marcus’ body was burned in Brown County, and that is where some of his bone fragments were found. David Carroll and Amy Baker were both reportedly present. David Carroll was convicted of abuse of a copse in the murder trial in Clermont County.
Mason County Kentucky is where the ashes and remains of Marcus were dumped off the bridge. David Carroll and Amy Baker were reportedly present. Some reports indicate that Amy Baker may have been the one driving the car.
If the choice came to it and immunity had to be given in order to get a conviction, then I could reluctantly agree with giving Amy Baker immunity. And I would presume that the prosecutor would advise and gain consent from the prosecutors in the other jurisdictions. And I would presume that the defense attorney would make sure that those consents were obtained.
However, Kentucky is a different state. Ohio prosecutors cannot give immunity for the state of Kentucky.
The prosecutor is objecting to the arrest because of the immunity, and because Amy Baker was not responsible for Marcus’s well being.
But lets take a look at Amy Baker’s involvement.
When he was bound and left in the closet- she was aware and did not release him or call for help.
When the Carroll’s left, she left. And she did not call for someone to go to the home to assist Marcus.
When they arrived at home and found Marcus dead, she did not call.
When the plan was made to report a disappearance, she allegedly was aware and did not report it.
She allegedly was with David when Marcus’s remains were driven to Brown County and burned. And she told no one.
And she allegedly drove the vehicle from Brown County to Mason County, Kentucky, to dump Marcus’ remains over the bridge. And she told no one.
In fact, Amy Baker did not tell anything until it became apparent that suspicion was falling on the three. And she only talked then when she was given immunity.
And the Clermont Co. prosecutor is allegedly upset that if these charges are upheld in Mason County Kentucky, that David Carroll will not be given any additional time in exchange for his testimony against Amy Baker.
Personally, I have to say I am not crying because a way was found to prosecute Amy Baker. There were multiple points when she could have taken steps to save Marcus- and she did not. And after he died, she assisted in covering it up.
Yes when she felt threatened with legal culpability, she gave out the information. But only when she was threatened.
Had she called someone when Marcus was tied up, then I would say she wasn’t involved. Had she thought of him when she was in Kentucky and called for someone to go release him, then I have have to say forgive. So she made no attempts to save him, and she participated in the coverup. And she asked for an immunity deal before she broke her silence. Now, someone else has the deal. He has already been convicted.
I forgot to say Thank You to Trisha of The End of the Story. She was aware of my interest in the story and made sure I was aware of the new developments. She also has a post up on the new developments.