Lawyer concerned about pretrial publicity

Judge puts gag order on Liz Carroll murder trial
Barrett J. Brunsman, Cincinnati, Sept. 27, 2006, Metro pg. 1B.

Influence on jury a concern

BATAVIA - The judge in Liz Carroll's murder trial ordered lawyers in the case Tuesday not to talk about it with reporters.

Prosecutors and Carroll's attorney also are prohibited from "making any public statement or engaging in any public discussion regarding this matter," according to the order issued by Judge Robert P. Ringland of the Clermont County Court of Common Pleas.

Ringland, who scheduled the trial to begin Jan. 22, told The Enquirer his intention was to limit publicity about the case so potential jurors wouldn't be influenced by something other than evidence presented in court.

The judge said the gag order wasn't aimed just at Carroll's new attorney, Gregory A. Cohen, who appeared in court with her for the first time Tuesday.

Prosecutor Don White said at a Sept. 6 press conference announcing murder charges against Liz Carroll and her husband, David J. Carroll Jr., that it was the last time his office would answer questions from the press. The case is being handled by White's chief assistant, Daniel "Woody" Breyer, and Mark E. Piepmeier, the top trial lawyer for Hamilton County Prosecutor Joe Deters.

Before the gag order was issued, Cohen told The Enquirer he had been hired by relatives of Liz Carroll, that she should be presumed innocent, and that she would not plead guilty to the murder of her foster son, Marcus Fiesel.

He added he might ask that the trial be moved outside Clermont County because pretrial publicity might influence a jury.

Also before the gag order was issued, Cohen said he was looking forward to questioning at trial Amy Baker, whom prosecutors have said will be the primary witness against both Carrolls. Baker, 25, shared the couple's Union Township home.

Marcus, 3, was bound in a blanket with tape and died in a closet there while the Carrolls attended a family reunion in Grant County, Ky., the weekend of Aug. 4, prosecutors have said. Liz Carroll reported him missing Aug. 15 from an Anderson Township park.

The gag order will remain until the trial is over, the judge said.

David Carroll, 29, who is also charged with gross abuse of a corpse, is to be tried Feb. 26 before Judge Jerry R. McBride.

Also Tuesday, the Butler County Children Services Board dropped out of a legal fight to bar reporters from custody hearings on Marcus' 11-year-old brother and 1-year-old sister.

The children are in foster care, but their mother, Donna Trevino, wants to reunite with them.

The decision by Children Services officials came less than a week after Chairman Johnny Wade Sloan chastised Executive Director Jann Heffner for trying to keep the hearings secret.

Trevino is still trying to close all hearings involving the placement of her children.

Trevino, of Middletown, has filed a $5 million lawsuit against Butler County commissioners and Children Services, among others, over Marcus' death.