Carrolls trying to plead insanity

Two accused in boy's death cite mental states - Foster dad says bipolar disorder taints statements to police; mom's defense says she is incompetent for trial.
Dave Greber, Dayton Daily News, Nox. 1, 2006, Local pg. A4

CINCINNATI — Attorneys for the foster parents accused of killing 3-year-old Marcus Fiesel tried to make their mental states an issue Tuesday.

Defense counsel for David Carroll Jr. — the Union Twp. man who, along with his wife, Liz, is charged with murder and other felonies stemming from the developmentally disabled child's death — argued in Hamilton County Common Pleas Court that statements he made to authorities and the results of a lie detector test Aug. 15-16 were tainted by his bipolar disorder and a prescription medicine used to treat epilepsy, mania and migraines.

Meanwhile, the attorney for Liz Carroll filed court papers declaring her incompetent for trial. The court has 30 days to examine her mental state.

Prosecutors have said the boy was dead for nearly two weeks when the Carrolls reported him missing from a Hamilton County park on Aug. 15, sparking a massive four-day search.

The Carrolls are charged in Hamilton County with perjury, making false alarms and inducing panic.Following Marcus' disappearance, David Carroll, 29, agreed to a lie detector test administered by Hamilton County sheriff's deputies.

Of the 15 questions asked, four tipped off investigators. According to court records and testimony Tuesday, Carroll lied when he answered "no" when asked:

• "Did you have anything to do with Marcus' disappearance?"
• "Do you suspect someone of harming Marcus?"
• "Do you know who had anything to do with Marcus' disappearance?"
• "Did you harm Marcus?"

"He said he didn't know why the tests came back like that," said Steven Minnich, a sheriff's investigator.

David Carroll's attorneys told Judge Patrick Dinkelacker their client was not given the chance Aug. 15 and 16 to leave during interviews, which lasted up to eight hours. They said his medication could have negatively affected a voice stress test.

Clermont County Assistant Prosecutor Daniel Breyer said David Carroll had no trouble requesting an attorney during questioning in that county on Aug. 28.

The Carrolls are charged in Clermont County with murder and several other felonies stemming from Marcus' death in August.

"His being bipolar and being on Depakote did not interfere with his asking to (enact) his Fifth and Sixth Amendment rights," Breyer said.

Dinkelacker is expected to decide Monday whether to admit David Carroll's statements at trial and whether the Hamilton County case will be tried outside the county.