Amy Baker flees the courtroom

Custody at issue for Marcus witness
Barrett J. Brunsman, Cincinnati Enquirer, Sept. 19, 2006
Metro, pg 5B

BATAVIA - Amy Baker, who is expected to be the primary witness in the Clermont County murder trials of Liz and David J. Carroll Jr., fled a juvenile courtroom Monday with a blanket over her head after postponement of a hearing on who should have custody of her three children.

The court-appointed guardian of the legal interests of the children, Anita Bechmann, is a lawyer in the county public defender's office. She requested Monday that the hearing be closed to the public. Judge Stephanie Wyler is to consider the request Oct. 25.

The administrator of the juvenile court, Douglas J. Brothers, said Monday that the wording of Bechmann's motion to close the hearing - which was made in a closed courtroom - will not be made public and that all court documents related to the case have been sealed.

The Enquirer Monday objected to closure of any court proceedings or records involving Baker or her children.

According to court documents obtained by The Enquirer, Baker, 25, lived in a Union Township home with the Carrolls, who are charged with the murder of their 3-year-old foster son, Marcus Fiesel.

Also living in the home, according to court documents, were Baker's three children: Taylor, 7; Brian Jr., 5; and Courtney, 3.

Baker "has allowed her children to be subjected to domestic violence," according to an affidavit filed Aug. 30 in Juvenile Court by investigators for the county Department of Children's Protective Services. "She allowed her children to continue to be in the care of Liz and David Carroll after concerns arose regarding the disappearance of" Marcus.

Baker "reported to law enforcement that she was aware of the abuse to the foster child," the affidavit says.

Monday, Wyler held off a decision on who should get the children because Baker's husband, Brian Baker, said he wanted his own lawyer in the case.

He and his wife had been appointed the same lawyer, Susan Mineer. She will continue to represent Amy Baker. Appointed Monday to represent Brian Baker was Laura Cogswell.

The lawyers will be paid $50 an hour for court appearances and $40 an hour for work outside the courtroom, Brothers said. Ohio could reimburse the county for about 28 percent of the legal fees.

Brian Baker, 25, declined Monday to discuss any aspect of the case with The Enquirer.

Brothers said Brian and Amy Baker had recently gotten back together, but apparently broke up again.

The two lived together in Hamersville in Brown County, according to court documents.

Amy Baker filed a complaint in December 2003 against Brian Baker, telling Pierce Township police that he hit their child Taylor "in the face causing a cut on her upper lip." In that report, Brian Baker was described as the ex-husband of Amy Baker and a resident of Brown County.

Also present Monday were Amy Baker's father and stepmother, Robert and Tracy Ramsey. They have hired a private lawyer, Tresa Gossett York, who told The Enquirer the Ramseys would seek custody of the children.

The children remain in foster homes, where they were placed by the county Department of Job and Family Services. Wyler granted that agency's request for temporary foster care after Amy Baker was left homeless upon the arrest of the Carrolls, who remain in the Clermont County Jail in lieu of $10.1 million bond apiece.

Also Monday, the attorney for the Carrolls' landlord withdrew a request in Municipal Court that the couple be evicted from the Union Township home where officials say Marcus was killed.

The boy was bound in a blanket and tape and left in a closet for two days while the Carrolls attended a family reunion in Grant County, Ky., the weekend of Aug. 4, prosecutors have said. The Carrolls reported Aug. 15 that Marcus was missing in an Anderson Township park.

Over the weekend, relatives of the Carrolls turned in the keys to the house, said David D. Donnett, an attorney representing the landlord, Landcrest Property Management. That negated the need for an eviction order, and the Carrolls' possessions that had remained in the home were apparently removed.

The landlord intends to check the house for damage before trying to rent it out again, Donnett said.

Still pending against the Carrolls is a claim by the landlord that the couple failed to pay $1,295 in rent for August. The couple also owe a $129.50 late charge. Up to $5,000 in damages might be sought, according to the complaint, which is to be heard Oct. 16 by Judge Victor M. Haddad of Municipal Court.