County ruled not liable in child's death:
Marcus Fiesel's mother filed a wrongful-death lawsuit against his foster parents, placement agency.
Greber, Dave. Dayton Daily News, Dec. 22, 2006, pg. A7.
HAMILTON — A Butler County judge ruled Thursday that Marcus Fiesel's mother and attorney did not make its case that the county and its children services board were liable for the 3-year-old Middletown boy's death while in foster care.
Common Pleas Judge Michael Sage on Thursday dismissed the county and agency from a $5 million wrongful death lawsuit filed Sept. 5 on behalf of Marcus' mother, Donna Trevino.
The lawsuit sought damages from foster parents Liz and David Carroll Jr., the couple's live-in girlfriend Amy Baker, Lifeway for Youth, the private agency that placed Marcus with the Carrolls in May, Butler County and the Butler County Children Services Board.
Sage said Trevino and her attorney Kevin Hughes were unable to provide enough evidence to make the county liable for any wrongdoing.
Hughes could not be reached for comment Thursday.
Prosecutors say the Carrolls locked Marcus in a closet of their Union Twp. home — wrapped in a blanket and bound by packing tape — for two days in early August while they attended a family reunion in Kentucky.
When they returned, prosecutors say David Carroll Jr. took the body and burned it in Brown County.
Murder trials for the Carrolls are scheduled for early next year in Clermont County.
The lawsuit still seeks damages from the Carrolls, Baker and Lifeway for Youth.
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