Michael wishes his brother Marcus was still alive

CUSTODY BATTLE ROOTED IN MARCUS CASE
Cincinnati Post, The (OH)December 21, 2006Author: Dave Greber, Middletown Journal

Opening a custody battle involving the siblings of Marcus Fiesel "exacerbates the trauma" to Marcus' older brother, a psychiatrist testified Wednesday in Butler County Juvenile Court.

Donna Trevino, the Middletown mother of the 3-year-old developmentally disabled boy who died in August in a closet in his foster home, is seeking to regain custody of her two children. Her lawyer and the county guardians of Michael, 11, and Peaches, 1, are requesting that court proceedings be closed to the public.

Dr. Greg Taliaferro, who evaluated Michael in late September, testified Wednesday that placing Michael on the stand to testify during the custody case and opening the disposition hearing to the public could amplify his mental conditions, including Attention Deficit Hyperactivity Disorder.

"Potentially, media coverage could exacerbate the trauma," Taliaferro said. "It could sort of keep it alive."

Several media companies -- including the Journal's parent company, Cox Ohio Publishing -- are fighting to keep the juvenile court proceedings open to the public.Through most of Taliaferro's testimony Wednesday, Trevino nodded her head, occasionally dabbing her eyes with a doo-rag worn by her boyfriend, Harry Cowgill.

Taliaferro testified Michael finds it confusing when asked about his brother's death, and that he said one of his three wishes was "that my brother wasn't dead."

"He's clearly struggling with this, which is understandable," Taliaferro said.

Magistrate Richard Landis said he will consider evidence and testimony from Wednesday's hearing during the next two weeks. A decision is not likely before the end of the year.

Landis also is expected to rule whether Michael could testify via a video recording.Marcus died in early August. His foster parents, David and Liz Carroll, have been charged with murder and other crimes. Prosecutors allege they wrapped the boy in a blanket and left him in a closet of their home while they went to a reunion in Williamstown, Ky.