The Misery Machine - The Case of Marcus Fiesel

Episode Date: December 9, 2024

This week, Drewby and Yergy head back to Cincinnati, Ohio, to discuss the case of Marcus Fiesel, and adorable little boy who was killed at the hands of his foster family. While all of the other member...s of the Carroll household were getting ready for a family reunion out of state, Marcus was tightly bound in a blanket like a mummy and left in 110 degree heat, all alone, to die in a closet. When the Carroll's discovered his body upon returning home, the hatched a plan to stage an abduction.  Support Our Patreon: https://www.patreon.com/themiserymachine PayPal: https://www.paypal.me/themiserymachine Join Our Facebook Group: https://t.co/DeSZIIMgXs?amp=1 Instagram: miserymachinepodcast Twitter: misery_podcast Discord: https://discord.gg/kCCzjZM #themiserymachine #podcast #truecrime Source Material: https://www.fox19.com/2022/06/03/man-convicted-murdering-marcus-fiesel-scheduled-parole-hearing/ https://www.wcpo.com/news/local-news/foster-parent-convicted-of-murdering-3-year-old-marcus-fiesel-has-first-parole-hearing https://www.journal-news.com/news/foster-parent-convicted-of-murdering-3-year-old-marcus-fiesel-has-first-parole-hearing/WX6EPJRBZJFXHET5S2N7QCZ6AI/ https://www.fox19.com/2022/09/02/parole-board-denies-marcus-fiesels-convicted-murderer-release/ https://en.wikipedia.org/wiki/Murder_of_Marcus_Fiesel https://vocal.media/criminal/the-story-of-the-tragic-death-of-marcus-fiesel https://www.cincinnati.com/story/news/2022/06/03/man-convicted-killing-3-year-old-foster-son-get-parole-hearing/7502249001/ https://www.cincinnati.com/story/news/crime/2022/09/02/parole-denied-for-marcus-fiesels-killer/65470890007/ https://www.wlwt.com/article/marcus-fiesel-david-carroll-parole-foster-child-death/40746366 https://www.clermontsun.com/2022/06/08/the-legacy-of-marcus-fiesel https://www.wcpo.com/news/insider/marcus-fiesel-decade-after-boy-with-autism-was-killed-prosecutor-looks-back-on-how-case-was-cracke https://casetext.com/case/state-v-carroll-67

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Starting point is 00:00:00 Marcus Weisel was born on January 24, 2003 in Middletown, Ohio to mother Donna Trevino. A neighbor described Marcus as an awesome little guy who had a love of flowers, Bob the Builder, and blowing bubbles. Marcus was autistic and attended to school for children with special needs. He struggled with communication and was known for being very active. His energy often overwhelmed his mother, who was seen by neighbors weeping from exhaustion as she struggled to keep up with him. Marcus' life was challenging from the very beginning. Donna struggled with mental health and substance use issues, making it difficult for her to provide the stable home that Marcus needed.
Starting point is 00:00:40 She loved her children, but faced overwhelming obstacles that prevented her for fulfilling her role as a reliable parent. Due to these issues, Marcus, along with his two siblings, were often in situations that put them at risk. Donna was frequently subjected to violence at the hands of her boyfriend, resulting in numerous police visits. During these visits, officers noted troubling conditions with the home infested by fleas and smelling strongly of feces.
Starting point is 00:01:09 In September of 2005, police observed severe bruising on Marcus's butt, prompting further investigation by child welfare workers who had already received multiple complaints about possible CA. In January of 2006, Marcus climbed out of a second-story window and fell from the roof, suffering a chin injury that required stitches. Just months later in April, was found wandering the streets by himself, and he narrowly avoided being hit by a car. Overwhelmed, Donna admitted to police that she was unsure if she could continue caring for her children.
Starting point is 00:01:41 She told them it was getting to be too much. As a result, Butler County Job and Family Services intervened and was granted temporary custody of Marcus, hoping to place him in an environment better suited to meet his needs. On April 22nd, 2006, just a few months shy of his third birthday, Marcus was removed from his mother's care and put into the foster care system through an organization called Life Way for Youth Incorporated. Marcus was initially placed with a temporary foster family, but on May 5, 2006, was moved to the home of Liz and David Carroll.
Starting point is 00:02:13 The couple were certified foster caregivers living in Claremont County and had biological children of their own. The Carols, on the surface, appeared to be stable and capable, caregivers, making them suitable candidates in the eyes of the foster care agency. This move was intended to provide Marcus with the stability and care he so desperately needed, yet tragically, this placement would lead him into the hands of people would later inflict unimaginable cruelty to him. The Carols also had a close friend named Amy Baker, who was frequently involved with the family
Starting point is 00:02:47 and spent significant time at their home. Some reports suggest that Amy was... romantically involved with David, creating a complex dynamic within the household. Together, this trio held significant control over Marcus' daily life, but rather than offering the love and support that Marcus so desperately needed, it would ultimately be responsible for his death. Subtle signs of trouble began to emerge soon after Marcus's arrival. Marcus was a child who required constant supervision in specialized care.
Starting point is 00:03:21 however, there were indications that the carols may have not been adequately prepared or willing to handle his needs. Concerns about Marcus's care were raised by caseworkers who visited the Carroll home. Despite these signs, Marcus remained with the Carols as no one seemed to believe his life was an immediate risk. This lack of intervention would tragically allow Marcus's suffering to continue unchecked. On August 4, 2006, Liz and David Carroll, their children, the family, dog and Amy Baker decided to attend a family reunion in Kentucky. Instead of arranging proper care for Marcus, they devised a shocking and inhumane plan to leave him behind. They wrapped Marcus tightly in a blanket, restraining him from neck to ankles, and further secured him with duct tape around the blanket.
Starting point is 00:04:12 The tape was applied so securely that it severely limited any movement or breathing. They then placed him in a playpen, leaving him alone in a closet that may have reached 105 to 110 degrees Fahrenheit. The house was locked and the air conditioners were turned off. The family then went off to Kentucky, fully aware that he would be without food, water, or ventilation for nearly two days. When they returned home at 6 a.m. on August 6, they found Marcus dead in the closet. Rather than reporting his death, they embarked on a disturbing plan to conceal. what had happened. David took Marcus's lifeless body from the playpen, wrapped it in another blanket, and placed it in a box with some clothing. He and Amy then drove to an isolated area in Brown
Starting point is 00:05:01 County where they used gasoline to burn Marcus's body in a portable chimney that they had brought with them. David and Amy allegedly chose this location specifically for its seclusion. This was a calculated effort to destroy any evidence that could link them to Marcus's death. After burning the child's remains, David and Amy gathered the boys' remains and later disposed of them in the Ohio River, hoping to erase all traces of their crime. The tragic truth of what happened to Marcus remained hidden for days as the trio worked to stage an elaborate cover-up. Their actions showed a horrifying disregard for Marcus's life and a calculated effort
Starting point is 00:05:42 to avoid responsibility. On August 10, 2006, a caseworker from Lifeway for years, visited the Carroll home for a routine check-in with Marcus, Liz told the caseworker that Marcus was sick and sleeping upstairs. Rather than do her job and check up on him, caseworker left, completely unaware of the true horror that had taken place there. On August 15th, Liz took three of her children to a local park in Hamilton County. There, she pretended to faint, lying on the ground, and feigning unconsciousness. When she came to, she claimed that Marcus, who she alleged, accompanied her was now missing. David later arrived at the park and supported Liz's story,
Starting point is 00:06:24 claiming that Marcus had been with her when she passed out. This led to a massive search effort involving law enforcement and members of the community, all looking for the missing child, who, unbeknownst to them, was already dead. Liz went on to participate in interviews and public appeals for help, presenting herself as a distraught foster mother, desperate to find her son. She actively misled the public, law enforcement, and even members of her own family. On August 16th, the day after Marcus was reported missing, Prosecutor Joe Dieters met with Hamilton County Sheriff Simon Lace. They both knew that stranger kidnappings were rare in the area. In fact, the last one they could recall had been in the early 1980s.
Starting point is 00:07:09 Prosecutor Deeters voiced his skepticism to Sheriff Lace, questioning the odds of a stranger kidnapping a child in the precise moment that Liz Carroll claimed to have passed out in the park. The timing seemed too convenient, raising red flags. As the days passed and the search for Marcus continued, prosecutor Deeter's doubts only grew. Ten days in, he got a call from Mark Pipe Meyer, a senior prosecutor in his criminal division. The sheriff's office had run into dead ends with each new lead. Investigators needed fresh guidance and they plan to regroup the following Monday, but Prosecutor Dieters had no patience for further delays. When Prosecutor Dieters met with the detectives, he went over every detail, probing into
Starting point is 00:07:54 the timeline of events. He asked a straightforward but crucial question. When was the last time anyone had actually seen Marcus alive? That's when he learned about the Carroll family reunion in Williamstown, Kentucky over a week before Marcus's supposed disappearance. Acting quickly, Prosecutor Deaconneuxie. Dieter sent detectives to question family members who attended the reunion. The next day, he took it a step further. Two separate police cars were dispatched to serve subpoenaes to Liz
Starting point is 00:08:25 Carol and Amy Baker, compelling them to testify before a grand jury. Prosecutor Deeter suspected that Amy, who wasn't legally responsible for Marcus, might finally reveal the truth. To prepare, they arranged for her to have a public defender, brought her into a conference room, and gave her a chance to explain what really happened to Marcus, but Amy stuck to the story the carols had been telling for the past three weeks. Nothing new just the same rehearsed tale. Authorities quickly were running out of patience and warned Amy that lying to the grand jury would have serious consequences, including prison time.
Starting point is 00:09:02 After that, she hesitated and asked to speak with an attorney from the public defender's office. For the next hour and a half, Amy consulted with her attorney. When the public defender finally emerged, he was visibly shaken and described as appearing white as a sheet. It was clear that she had finally disclosed the truth about Marcus's fate to her lawyer. Under further questioning, Amy ultimately revealed the gruesome details of Marcus's death to investigators and admitted that his alleged disappearance at the park had been a staged deception. She told them everything, including where they could find the burn site. Investigators followed up on that location where some of Marcus's burned remains were found along an 88-acre property in Brown County.
Starting point is 00:09:49 On August 22nd, 2006, Liz Carroll held a press conference pleading for the safe return of Marcus. She addressed the public saying, I was at the park with him and three other kids playing on swings and slides and had low blood pressure issues. Collapsed somehow, sometime. Marcus wandered off or was taken. I believe someone did take him, hopefully with good intentions. I need help from everyone to bring my son home. Marcus is my son.
Starting point is 00:10:17 People may see foster care is temporary, but please take him to a hospital and return him to us. Waking up each day without him running to me is incredibly painful. I am closer to him than his birth mother ever was. Kind of disgusting that she would even say that about his birth mother, considering what she did to Marcus. Six days later on August 28th, Liz Carroll was arrested and indicted by the Claremont County Grand Jury on multiple counts, including felony murder for causing Marcus's death, involuntary manslaughter related to her failure to ensure Marcus's safety, kidnapping for unlawfully restraining Marcus, felonious assault for the abuse that led to his death, child endangerment in multiple forms for her actions that ultimately caused Marcus's harm. David Carroll faced similar charges along with charges related to the disposal of Marcus's remains.
Starting point is 00:11:08 These charges painted a horrifying picture of the neglect and abuse Marcus suffered. Amy Baker was also arrested in charge with helping to dispose of human remains. Ahead of the proceedings, David waived his right to a trial and later pled guilty to charges. He would later admit to being present at the time of the murder but claimed it was Amy who bound Marcus, leaving him to die in the scorching heat of the family home. The trial proceedings for Liz Carroll took place in early 2007. Prosecution presented evidence of the calculated cruelty Marcus endured, while Liz's defense argued to suppress her grand jury testimony,
Starting point is 00:11:43 claiming she was not adequately informed of her rights and was vulnerable due to a medication she was taken. Her defense also argued that she had mental health issues that affected her decision-making and that she had been under psychological strain and coerced by her husband at the time of the murder. Amy Baker's testimony was crucial to the prosecution's case. She provided detailed accounts of how Marcus was left alone and restrained in the closet, as well as the attempts to cover up his death. Regarding evidence presented in court, the blanket, tape, and playpen used during the commission of the crime were all on display for jurors to witness. A trial, members of law enforcement described the squalid conditions of Marcus's living environment in the Carroll's home,
Starting point is 00:12:24 further illustrating the neglect that Marcus suffered. During closing remarks, Assistant Prosecutor Daniel Breyer stated the following. They say you wouldn't treat a dog like that, and you know what? She wouldn't. She took the dog with her. She took the dog with her. Assistant Prosecutor Breyer highlighted the fact that the carols brought their dog along to the family reunion yet left Marcus behinds, restrained and alone. After his statement, Liz responded aloud and defensively in the courtroom by saying,
Starting point is 00:12:54 the dog was alive. Now, observers noted that Liz showed a little remorse during her trial. Her cold demeanor contrasted with her defense team's attempts to pain her as vulnerable, and this contributed to the jury's swift decision to convict her on all counts. The court handed down a 54 years to life sentence without the possibility of parole, ensuring Liz Carroll would spend the rest of her life in prison. David Carroll also received 15 years to life in prison, for his role in the murder and cover-up of Marcus' death.
Starting point is 00:13:28 As for Amy Baker, she was provided with immunity in exchange for her witness testimony against the Carols. Despite playing a key role in the cover-up of Marcus's murder, all of Amy Baker's charges were dropped. However, she did face other legal troubles later down the road. Now, following Liz Carroll's trial, authorities in Kentucky attempted to bring charges against Amy for tampering with evidence and abuse of a court.
Starting point is 00:13:54 as her actions related to Marcus' body disposal actually took place in Kentucky. These charges were ultimately dropped due to jurisdictional challenges and because her immunity agreement in Ohio complicated prosecution efforts. Following her conviction, Liz Carroll filed an appeal, arguing that her grand jury testimony should have been suppressed because she was not properly informed of her rights. She claimed that she was unaware that she was a target of the investigation at the time of her testimony. She argued that she had not been advised of her right to refuse to answer incriminating
Starting point is 00:14:30 questions or to have an attorney present, making her statements involuntary. Additionally, Liz asserted that she was vulnerable to pressure during questioning due to a medication she was taking for psychological issues. The appellate court reviewed her claims, noting that Liz had, in fact, been informed of her rights before her grand jury testimony. The prosecutor had provided standard Miranda warnings, reminding her of her rights to remain silent and her right to an attorney. The court found that her testimony was voluntary and that her waiver of rights was valid. Consequently, her appeal was denied and the original convictions were upheld. David Carroll was up for parole in 2022, but that was denied.
Starting point is 00:15:12 He is currently serving his life sentence at the Chilicothe Correctional Institution while Liz Carroll remains incarcerated at the Ohio Reformatory for Women in Marysville. The loss of Marcus was devastating for his biological family who had placed trust in the foster care system to protect him. His biological mother, Donna, was left heartbroken and filled with regret. She had hoped that Marcus would find a safe and nurturing environment, but instead, he fell victim to an unimaginable mistreatment. Marcus's tragic death also had a profound impact on the foster care community and raised serious questions about the foster care system's ability to protect vulnerable children. His case exposed a system that this instance failed to monitor his safety adequately.
Starting point is 00:16:01 Marx's death serves as a tragic reminder of the importance of oversight, vigilance, and the need for reforms in foster care practices. Law enforcement's investigation was thorough once the alarm was raised about Marcus's disappearance. However, there were missed opportunities by the foster care system and Lifeway for youth, the agency responsible for his placement. questions regarding whether Marcus's death could have been prevented with a more stringent oversight and closer monitoring of the Carroll's ultimately sparked a company-wide reform within the agency. As part of an internal investigation conducted by the Ohio Department of Job and Family Services, evidence revealed that there were lapses in the agency's processes, including insufficient background checks and inadequate monitoring of foster placements. As a result, the agency's license to operate in the state of Ohio was revoked, and they lost its state funding as a result. Although Lifeway for Youth itself eventually shut down, Marcus' case sparked statewide changes, including more rigorous requirements for background checks, home visits, and ongoing training for foster parents in the state of Ohio. These legislative changes were intended to prevent similar tragedies in the future.
Starting point is 00:17:13 In early September 2006, Marcus Faisal's memorial service was held. in the church in Middletown, Ohio. Community members, family, and supporters all gathered to honor the boy's life that was cut short before it ever truly began. Given the tragic circumstances surrounding his death, the funeral held that the Woodside Cemetery served as a deeply emotional event, with many expressing their grief and outrage over his treatment and the failure of the foster care system to protect him. On Saturday, April 21, 2007, the chimney used to burn Marx's remains was dismantled and transplanted
Starting point is 00:17:47 and transformed into a memorial for him, creating a peaceful place for remembrance. In addition, a bench in Hanlon Park in Georgetown, Ohio, was dedicated to Marx's memory on what would have been his fourth birthday in 2007. As of the date of this recording in November of 2024, if Marcus was still alive today, he would be 21 years old.

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