Wednesday, February 28, 2007

"PDF Equalizer" Makes PDF Files Accessible To All


University of Georgia's Alternative Media Access Center and Premier Assistive Technology announced the introduction of PDF Equalizer, a software product that makes .pdf files accessible to people with visual impairments.


.pdf files are an outstanding way to post information on the Internet. For example, if you want to download an application for a $50 computer from AT Ohio, you can download the application in .pdf format from our website.


For people who are blind or visually impaired, though, .pdf files are problematic. A .pdf file is more like a picture of a document, than a text version of a document. This makes it very difficult for screendreading software to decipher the words and read them to someone who is blind.


PDF Equalizer is not the first try to make .pdf files accessible - but hopefully it will be the best.

Driver With Disabilities REALLY Doesn't Want To Pay His Speeding Ticket


Gary Kieffaber doesn't think he was going 41 mph in a 25 mph zone. He doesn't think he deserved a $100 ticket, so he fought the ticket. And he fought it. And he fought it. All the way to the Supreme Court of the State of Ohio.


Kieffaber argued that a $100 speeding ticket he received in 2005 in the village of Bellville is invalid because the police officer who made the traffic stop left a box unchecked that would have indicated the speed was unreasonable for conditions.


... under the U.S. Constitution, the government is obligated to spell out all elements of an alleged offense, and in this case the officer failed to document that the speed was improper, said Kieffaber, dressed in a navy blue suit and using a wheelchair. Kieffaber broke his neck in a car accident 30 years ago and was paralyzed from the waist down. He drives his car with hand controls.


First of all, I thought the "unreasonable for conditions" portion of a speeding ticket was there to explain how it was possible to give a speeding ticket to someone who was technically, according to posted speed limits, not speeding. For example, if there is six inches of snow and ice on the highway and you are going 60 mph in a 65 mph zone, you can get a speeding ticket for driving too fast for conditions.


I think that if the posted speed limit is 25 and you are going 41, it can be assumed under most circumstances that your speed is unreasonable. I have to side with the cops on this one.





David Carroll Pleads Out, Blames Amy Baker

David Carroll, while pleading guilty to murder, put much of the blame at the feet of his live-in girlfriend, Amy Baker.


Baker, who was given immunity with stipulations, was the state's key witness in the trial of David's wife Liz, who was found guilty of murder.


The 5-foot-3 Baker wouldn't let him and his wife, Liz, call police to report the child's death, said Carroll, who is 6-foot-3 and has studied martial arts.

While Baker has said that Carroll had physically abused her, he said Tuesday that she threatened to have her family kill his other four children if police were notified about Marcus.

"I was afraid for my family's life," Carroll said.

Carroll also apologized to the community for lying about the disappearance. He faces life in prison with no possibility of parole for at least 15 years.

Carroll, who was paid about $1,000 a month to care for Marcus, said he didn't intend for the boy to die. "We had no idea any of this was going to happen," he said. "We left him there. When we came back, he was gone - he was dead."

The judge asked why that was done to Marcus, and Carroll replied: "Stupidity."

Trumbull Co. MR/DD Forced To Cut Jobs, Programs

The Trumbull County Board of Mental Retardation and Developmental Disabilities voted to cut 14 positions and various summer programs in order to balance the county MR/DD budget.

The summer program for the ARC was eliminated, affecting 40 families. Also cut was a summer preschool program.

There are several reasons for the budget cuts. The Trumbull MRDD lost about $3.6 million in federal funding when the Community Alternative Funding System was cut in 2005. In 2006, they were informed that the Ohio Department of MRDD was initiating two new programs that will cost additional money.

Tuesday, February 27, 2007

Mom Pleads Guilty To Having Kids Fake Mental Retardation

Rosie Costello of Vancouver, Washington, pleaded guility to scamming the government for twenty years over benefits for her "disabled" children.

When the children were young, Ms. Costello coached the children to act as if they had mental retardation in order for her to qualify for benefits to take care of them. In all she collected nearly $300,000 in benefits.

Helpful hint: If you are part of a conspiracy to defraud the government, have pretended to have mental retardation, and are living under three different aliases, don't go to court to fight a moving violation.

The scam was undone by a traffic ticket.

Federal investigators, who were suspicious of the family, came across the ticket during a routine search of public databases. Peter Costello, who was cited for driving without insurance, contested the ticket last year in Clark County District Court and was captured on video behaving normally.

The auto repairman, who wasn’t supposed to be capable of operating a car, had driver’s licenses for Washington, Oregon and Alaska under fake names and was living with his girlfriend and her two children.

Monday, February 26, 2007

David Carroll Pleads Guilty to Murder


David Carroll, the foster father of Marcus Fiesel, has entered a plea of guilty to the charges of murder and gross abuse of a corpse.


In exchange, he has been offered a deal of 16 years to life in prison. In addition, all other charges in all other jurisdictions will be dropped.


The deal must be approved by the presiding judge.


David Carroll's wife, Liz Carroll, was found guilty of murder last week. She was sentenced to 22 to 54 years to life.


Liz Carroll had previously turned down a deal of 15 years to life.

U.S. Supreme Court to Decide Parma IDEA Case

Sandee and Jeff Winkelman are the parents of a young child with autism. They didn't feel their son was getting all the services he was entitled to under the IDEA, and filed suit against the school system. Specifically, the wanted young Jacob to attend the Monarch School in Shaker Heights, a school that specializes in teaching students like Jacob.



This fight has led them all the way to the U.S. Supreme Court.


The Parma schools have never approved of Jacob’s attendance at Monarch and don’t pay his tuition, which now exceeds $60,000 a year, his mother says. The Winkelmans hope Parma will reimburse them if they can get the courts to side with them.


The point at issue in this particular case, however, surrounds not the merit of the arguments by the Winkelmans, but the fact they filed suit against the school district without a lawyer.


The battle between the Winkelmans and Parma dates to 2003, when the district proposed that he attend kindergarten at a local public school where he would get various special-education services.


The Winkelmans thought the district’s plan was inadequate, even though they were pleased with the education that another autistic child of theirs got in Parma schools.

OK - they have two children with autism, and they only want one of them to go to the private school. This is a couple that has been through the system before, dealing specifically with an autistic child. That should carry some weight. But back to the legal issues...

They lost two administrative appeals against Parma’s plan and then went to federal court and lost again.

Their next battle, before the 6th U.S. Circuit Court of Appeals in Cincinnati, resulted in a ruling that they could not represent their son’s interests, or their own, in federal court.


That ruling conflicts, however, with one by a federal appeals court in Boston, which held that parents may act as their own lawyers in cases involving the Individuals with Disabilities Education Act.

President Bush has weighed in on the side of the parents' rights to represent themselves. Just because something is not advisable, and may be poor legal strategy, does not require you to remove it as an option. I understand the schools want everything done by the book so as not to waste time and resources. But you are fighting for things like therapy, assistive technology, or the right to go to a specialized school. There isn't likely to be a large settlement from which you could pay an attorney. Paying by the hour for many parents is just not feasible.

They should have the right to represent themselves.




Friday, February 23, 2007

Wal-Mart Discriminates - Against Terriers

I am not a Wal-Mart basher in the least, so the headline is probably unfair. Nor am I an apologist for pit bulls.

But this is an interesting story of when the worlds of service animals and the public perception of pit bulls collide.

This is a story from California, where a woman with a disability was asked to leave the store when she showed up with a service animal that was a Pit Bull Terrier.

To Wal-Mart's credit, they have admitted the store manager made a mistake and are reviewing their policies.

Local Disability Initiatives To Be On May Ballot In Northwest Ohio

Several counties in northwest Ohio are going to have disability initiatives or levees on their ballots in the upcoming primary elections. Here is a breakdown, as presented by the Toledo Blade:

Fulton County Mental Retardation and Developmental Disabilities: Renewal 2-mill, 5-year operating levy.

Hancock County Board of Alcohol, Drug Addiction, and Mental Health Services: Replacement 1-mill and additional 0.3 mill, 5-year operating levy.

Henry County Mental Retardation and Developmental Disabilities: Renewal 1.9-mill, continuing operating levy.

Also on the ballot in Defiance County is the important question of whether or not you should be able to buy beer at Mike's Convenience Store, 1746 South Clinton Street, on Sundays between 1:00 p.m. and midnight.

Foster Mom Sentenced to 54 Years In Prison


Liz Carroll will be 84 years old before she is eligible for parole, for her part in the death of her foster son, Marcus Fiesel. Judge Robert Ringland sentenced her to at least 54 years in prison for murder and the other charges.


To the end, Liz Carroll denied that she played a role in her death.


"I didn't do this to Marcus," Carroll said before being sentenced to prison Thursday by Judge Robert Ringland. "I didn't, and I wouldn't, hurt a child.


"I did lie after (the death of Marcus) to try to protect my family," Carroll said. "And I'm sorry. I want to apologize to the community, my family."


"I'm sorry for the lies," Carroll said. "And I just hope that some day the truth can come out because Amy Baker does not speak the truth."

Thursday, February 22, 2007

Ferguson Speaks From The Heart

This video speaks for itself. A must see.

The Elswick Envoy: One Brief Shining Moment


Today I saw a car I never knew existed -- the Elswick Envoy.
It was a car built in England in the early 1980s. There were by some accounts only 200 or so ever made, and only 2 ever made it to the United States.
The one I saw, which was painted blue, was at MC Mobility in Columbus, Ohio.
The idea was simple: Why keep adapting cars for people in wheelchairs when you can actually build a car designed for people in wheelchairs?
The Envoy was built so a person in a wheelchair could drive his or her wheelchair in the back door, wheel right up to the steering wheel, and go. It is a car without a drivers seat, so you would have to be in a wheelchair to operate it. The steering wheel is right in the middle of the car, making it possible to drive in England or America.
There are two tiny seats in the back facing inward in for other passengers, although they looked incredibly uncomfortable for anyone other than a child.
The spare tire is on the inside of the car, below the right drivers window. This car would forever remove the "Where is the spare tire?" conundrum that faces modern drivers.
The word is that the Traffic Safety Administration took one look at it and vowed that it would never meet America's safety regulations. it certainly looks like it would lose to a Dodge Neon in a demolition derby.
So if you own one in America, it is illegal to drive on the road. It is, essentially, a golf cart.
The specs I saw actually admitted that it went from 0-60 in 27 seconds, with a maximum speed of 70 mph.
The main problem with the concept is that by driving one, it would readily identify you on the road as a person with a disability, something that not every wheelchair user would welcome. And besides, people with disabilities want fancy cars with all the gadgets, just like everybody else. Not tin boxes with the spare tire attached to the window.
The company made 200 before it went broke, and now the cars are collectors items that will bring a pretty penny. Even though the cars themselves are not pretty in the least.

Liz Carroll Found Guilty of Murder


After five hours of deliberation, the jurors found Liz Carroll guilty of murder in the death of Marcus Fiesel, a three-year old boy with autism who was her foster son.
She was also found guilty on all the other charges, including involuntary manslaughter, kidnapping, felonious assault and three charges of endangering a child.

Ms. Carroll faces life in prison with no possibility of parole for at least 15 years on the murder charge alone.

(I previously had thought this was a death penalty case, but they did not pursue it because the prosecution didn't feel that she intended to kill the child).

She will be sentenced at 11:00 by Judge Robert Ringland.

Interestingly, the jury was not swayed by the testimony of Amy Baker. That is interesting, because they actually were, but they may not have realized it. So many of the facts in the case were discovered because of the cooperation of Amy Baker. It is a stretch, however, to believe that Amy Baker was there for all of these dastardly deeds, but did nothing to further them. But the prosecution had to make a deal with someone, and Amy Baker was the only one of the three who was not Marcus' foster parent.
The jurors were, however, moved in a negative way by the reading of Liz Carroll's testimony to the grand jury.


"It was really because of her grand jury testimony," (juror Denise Paschall, a lifelong Clermont County resident) said.


"Her remark about the dog at the end didn't help, either."


Wednesday, February 21, 2007

"The Dog Was Alive"

Liz Carroll finally got a chance to speak, even though it was against the rules. And in so doing, I finally figured out what her defense truly was.



The prosecution wrapped up the trial of the People v. Liz Carroll with a powerful recitation of the facts of the case, and point-by-point made their argument on each count in the indictment.



In closing, Breyer held up a Styrofoam cup after showing a photo of Carroll's 3-year-old foster son, Marcus Fiesel, and told the jury what remained of the child could fit into the small cup.



And who did it? She did," said Breyer, pointing at Carroll who had earlier been audibly sobbing during her attorney's closing statements.


"They say you wouldn't treat a dog like that," Breyer continued. "And she didn't. She took the dog with her (to the family reunion when Fiesel was allegedly left confined to a playpen in a closet)."

As Breyer walked back to his seat, Carroll spoke for the first and last time, saying, "The dog was alive."


It's difficult to present a coherent defense when you, indeed, present almost no defense at all. Seemingly, it has gone back and forth between alleging "Amy Baker tied him up" to "He died when I was at the store."


But apparently her final defense was that Marcus was already dead when she left for the family reunion with her husband, her husband's girlfriend, and her two children who were still alive.



And, evidently, the dog.

Peterson to Introduce Medicaid Buy-In Again


Thanks to the Arc of Ohio for passing this announcement along...


State Representative Jon Peterson will once again introduce a Medicaid Buy-In Bill . He needs Co-Sponsors in the Ohio House of Representatives.

Please contact your Ohio Representative and ask him/her to Co-Sponsor the House Medicaid Buy-In Bill, which will be introduced by Representative Jon Peterson. The deadline for co-sponsors is noon on March 9, 2007. Tell your legislator to call Brad, in Representative Peterson’s office if he/she has questions. (614) 644-6711.

Medicaid Buy In was introduced yesterday in the State Senate.

The new bill number is SB 4, so also call your state senator and ask them to support Medicaid Buy-In (SB 4).

Liz Carroll Rests Her Case


After putting up almost no defense at all, the Liz Carroll rested her case yesterday.

She called one witness: her uncle Ronnie Sims. His testimoney was basically that Amy Baker was having fun all weekend in Kentucky, just like everyone else. He also said that he had to jump David's car in the early hours of August 6. Sims also testified that David Carroll told him that he (Carroll) had received a call about Marcus and needed to get home, so Sims helped Carroll get the car started.

That's her defense. Amy Baker was having fun, and David said Marcus was sick and we needed to get home.

Liz Carroll did not testify, but the jury did hear her grand jury testimony. In that testimony, she apparently went in to the grand jury trying to keep to her original story - that Marcus went missing last August from a city park.

Halfway through the testimony, when confronted with evidence to the contrary, she changed her tune and said that the death was an accident.

I'm not a lawyer, but I don't think testifying to a grand jury was a good idea, especially when the whole community is outraged. Especially if you change your theory halfway through the testimony. The burden of proof is low, and she was going to get indicted, if nothing else, just based on how mad the community was for her lying about the abduction. So she painted herself into a corner and made a bad situation worse.

Meanwhile, former Hamilton County Commissioner Phil Heimlich suggested that Liz Carroll could be convicted of manslaughter and be acquitted of murder charges if she can convince the jury that there is reasonable doubt that she participated in restraining Marcus. Amy Baker testified that Liz tied him up, but in Liz Carroll's grand jury testimony, she said that Amy Baker and David restrained him while she was downstairs.

No chance.

The jury is not going to care about this theory of hers that she was downstairs while the others tied Marcus up. I don't think they will buy her version of events, especially cosnidering she didn't take the stand to explain it, and it was offered to the grand jury only after her "abduction" story fell through.

And even if she was downstairs, she should have been upstairs stopping what was going on. And her attorney really didn't go after Amy Baker hard on this issue, probably because everyone knows that Liz Carroll - and not Amy Baker - was the foster mother and was supposed to be one of the people ensuring Marcus' well-being.

Liz Carroll (at best) knew all about the situation that was unfolding upstairs, and she took off for Kentucky for the weekend without her foster son. She then helped with the plan to get rid of the body and then was the lead actor in the hoax abduction that had an entire community looking for a boy that was never missing.

That will probably be enough for the jury.

My theory is that she doesn't really have much of a defense. I doubt the prosecutor would consider a plea bargain for her. If she pled guilty, the jury could still give her the death penalty, so she has nothing to gain by pleading out.

And I believe it's true that by pleading guilty (again, I'm not an attorney), one significantly reduces the number and type issues on which you can file an appeal. Without being able to file as many appeals, the case would work through the system faster. Her best bet is to plead not guilty, file as many appeals as you can, drag it out as long as you can, and hope that the death penalty is abolished while you are in prison.

But that is just my theory. Closing arguments are today.

Tuesday, February 20, 2007

Not Exactly What We Had In Mind, part XIV


A worker at IBM is suing the company for $5 million under the Americans with Disabilities Act.


James Pacenza was fired for visiting adult-oriented chat rooms on company time. He is suing claiming that his experiences in Vietnam gave him post-traumatic stress disorder which turned him into a sex addict. The Internet, in turn, turned him into an Internet sex addict. He says he deserves sympathy and treatment rather than being fired.


International Business Machines Corp. has asked Judge Stephen Robinson for a summary judgment, saying its policy against surfing sexual Web sites is clear. It also claims Pacenza was told he could lose his job after an incident four months earlier, which Pacenza denies.


"Plaintiff was discharged by IBM because he visited an Internet chat room for a sexual experience during work after he had been previously warned," the company said.


IBM also said sexual behavior disorders are specifically excluded from the ADA and denied any age discrimination.


I don't know that any type of disorder is "specifically excluded" from the ADA, but mabye I'm wrong about that. I know that there is no list of conditions that are automatically covered. Usually, situations are decided on a case-by-case basis.


Anyway, I hope he gets help. But I don't think this is what the ADA was created for.

Monday, February 19, 2007

Amy Baker Takes The Stand



Amy Baker took the stand in the case of the People vs. Liz Carroll.

The undisputed 'star witness' in the Liz Carroll case is Amy Baker, the former lover and live-in girlfriend of David Carroll. She's got full immunity, with some stipulations.

Baker recalled the gruesome details regarding the death of three-year old Marcus Fiesel, an autistic foster child.

I could recount them all here, but I won't. They are, you may assume, quite horrific.


As far as star witnesses go, I think you could do a little better than Amy Baker. She is not exactly Donna Reed.


1. She falsified the reports of how much time Liz Carroll was spending each month watching her children, committing fraud.


2. She went to Kentucky to party with the Carrolls knowing they had left a young autistic child tied up in a bed all weekend. She had also witnessed her 'boyfriend' David Carroll abuse the boy, including tripping him on purpose, just to watch him fall.


3. She lied to police in the days following the hoax abduction, allowing hundreds to pursue a gut-wrenching search for a boy who was not missing.


4. She let the Carrolls use her parents' land to dispose of Marcus' body, even accompanying David Carroll to take the body to Brown County.


5. She went to Lifeway for Youth with David Carroll to get a check for the money that was supposed to be used to help care for the boy she had just helped cremate.

And she is the lionshare of the prosecution's case.

Cross examination continues on Tuesday.

Disability Parking Cheaters Exposed by Television Station


I found a great story from a Pennsylvania television station about people in that state who regularly misuse disbility parking placards when they are not disabled.


The investigative reporter tracks down people who are using the placards who obviously not disabled, including a group of teens who go to the mall for an hour and a half. The teen claims he is waiting for his aunt to come back to the car, but he's obviously not telling the truth.


Another citizen is using her mother's placard, and doesn't see a problem with it because she's only going to be running into the store for a minute or so.


The reporter compares Pennsylvania's rules and laws to Ohio's and West Virginia's, and unfavorably so. For example, the fine for parking in the handicapped space when you don't have a disability is only $100, and the placard, once issued, is good for life. In Ohio, you have to renew it every five years.


Hawaii Sending People With Disabilities in Nursing Homes to Buckeye State


In the state of Hawaii, lawmakers were stunned to learn that many Hawaiians with developmental disabilities are being shipped to Ohio in order to take care of their long-term care needs.



"It's mind blowing," said Louis Erteschik, staff attorney with the Hawai'i Disability Rights Center, which has documented several cases in which patients have been moved from Queen's to nursing homes in Ohio.


"The long-term care issue really is about a lack of capacity. It's a problem that's only going to get worse."


The problem seemed to have caught many lawmakers by surprise.


"It almost borders on the unconscionable," said state Rep. John Mizuno, D-30th (Kamehameha Heights, Kalihi Valley, Fort Shafter), who sponsored the bill. "It's just not right to be sending our kupuna to the Mainland."


"I didn't know they did that," State House Minority Leader Lynn Finnegan, R-32nd (Lower Pearlridge, 'Aiea, Halawa) said. "I'm glad that we're inquiring into this because we want to make sure we are not transferring the responsibility of our state to care for its elderly and disabled."


I'm glad they are looking into it. I agree with Ms. Finnegan - it is the responsibility of every state to meet the needs of this population. I'm glad Ohio could help, but it isn't the job of Ohio taxpayers to pay for the long-term care needs of people from other states.


(Ms. Finnegan is pictured. I admit - I was curious about her name. It sounds like someone from Kilkenny rather than Halawa; not your typical Hawaiian political name. Based on the picture, I'm guessing her last name doesn't cover the entire story of her family background).
C&O also linked to a story last year from the state of West Virginia, where they were doing the same thing. At least in West Virginia, they would be within driving distance of their family. Hawaii is practically on the other side of the world, likley cutting off most contact with family and friends.

Strickland to Expand, Improve Addiction Services


New Governor Ted Strickland vows that he will expand and improve upon the way Ohio looks at the issue of addiction, according to an article in the Dispatch.


Strickland told The Dispatch that he will take a far broader, more holistic approach to dealing with substance abuse than his Republican predecessors, who held sway for 16 years.


"We need to break the cycle of arrest and incarceration," he said, "to bring together criminal justice, mental health, drug and alcohol treatment, and those responsible for housing and job training to give an individual a realistic chance of regaining control of their lives."


Strickland said if the state had focused on prevention and treatment in the past, rather than place such a heavy emphasis on law enforcement, "We would have been more successful in the so-called war on drugs."

Friday, February 16, 2007

Disney World for People with Disabilities

Want to go to Florida for Spring Break? This video provides pretty good information about disability accommodations at the Walt Disney World themeparks. the first few minutes are background about the history of the parks, and isn't really necessary. But the last four minutes or so is good stuff.

Say 'Hi' to Mickey for me.

The Mayor of Toledo Will Decide Who's From Toledo


Carty Finkbeiner, the mayor of Toledo, is not very happy with Governor Strickland's choices for the new cabinet.


It seems Mr. Finkbeiner feels that not enough people from northwest Ohio are represented in the new administration. He is also upset that his recommendations for cabinet posts have not resulted in appointments. Mr. Finkbeiner was an early supporter of Mr. Strickland's candidacy.


A Strickland spokesman, Keith Dailey, said the governor had assembled a cabinet "that will serve the state well."


"Northwest Ohio is a very important part of the state," Mr. Dailey said. "All of the cabinet members know that Governor Strickland values northwest Ohio, because he's made that clear to everyone."


Besides, Mr. Strickland has appointed Dr. Alvin Jackson of Fremont to run the Department of Health and John Martin of Toledo to run the Department of Mental Retardation and Developmental Disabilities.


Mr. Finkbeiner didn't see it that way:


"There is no one presently on the Strickland-Fisher team from northwest Ohio that I am aware of," he wrote in the e-mail, "except John Martin, who none of us know."




Gravelles Receive Two Years in "Caging" Case


Sharen and Michael Gravelle received two years in prison for their role in the "caging" of their 11 adopted children.
Mr. and Mrs. Gravelle both addressed the court. The sentiments of two of their children were also made part of the public record.
"Mom, you always said whatever you think you are doing in private, it will be brought to the public," said a statement read on behalf of one of their former children, a girl who was one of the two who appeared in court. "So in this case, I would say it’s your turn."
Mr. and Mrs. Gravelle both testified to the court, saying that they were looking out for the children and making the best of a bad situation. The children, they say, were confined for their safety.
The former foster son who appeared in court yesterday said in a statement that he was thankful that his time with the Gravelles was behind him.

With his new foster parents, "I don’t have to steal food. I can use the bathroom whenever I want," he said. "Never again will I have to sleep in a box."

Thursday, February 15, 2007

Liz Carroll: I wasn't home when Marcus died


Liz Carroll is now claiming that she wasn't home when Marcus died.


Unfortunately for her, most people agree - they think she was in Kentucky drinking at a family reunion.


But her theory is that the boy died on August 4th, 2006 while she was at the store.


When she came home she was told by her husband, David Carroll, that Marcus was dead.


I'm inclined to not believe her. But even if we take her at face value, here's the problem: August 4th is the day Liz and David Carroll, and David's girlfriend Amy Baker, went to Kentucky to drink at a family reunion all weekend.


So, she's claiming she would leave leave him alone, stuffed in a closet, unattended all weekend, but only if he was already dead.
That's not much of a defense.

Carrolls Agreed To Never Leave Marcus Unattended


A witness in the trial of Liz Carroll stated that Liz and David Carroll signed a statement assuring they understood that they were never to leave Marcus Fiesel unattended.


Kathy Neeley, a caseworker for Lifeway for Youth, said Marcus' first foster home placement didn't work out because the child neede 24-hour supervision.


She also testified that the Carrolls sought to have Marcus designated as medically fragile, so they could receive $50 per day to care for him instead of $33.50.


That would be an increase of over $6000 per year, to approximately $18,000.


Here is the recap:


They lobbied for Marcus to be designated as medically fragile, and they understood they were never to leave him alone.


Then they went to Kentucky without him.


And she was only the second witness.

Ray Jones, Disability Champion, Rest In Peace


Sheldon Ray Jones, a tireless advocate and worker for people with disabilities, passed on. According to an email from the Ohio Develpmental Disabilities Council, Ray died in his sleep. He was found by a county case worker.

Dave Zwyer wrote this about Ray in a broadcast email sent earlier today:

Those of you who have known Ray over the years know that he was a champion of disability rights, and that he was active in numerous organizations and causes.

Ray always said that he would rather die than end up in a congregate facility himself, and he was just as passionate about the right of everyone to live in a home of their own. Housing and accessibility were two of his passions.

We will miss him!

We most certainly will. Rest in peace, Ray. Your work here is done, and Ohioans with disabilities owe you a tremendous debt of gratitude.

More information to come as it becomes available.

Wednesday, February 14, 2007

Baller with Cerebral Palsy Money at Crunch Time


I played a little high school basketball (OK, only through my sophomore year), so I know a little about being at the free throw stripe with the game on the line.

You know that tired line that commentators throw out about how some players "want the ball with the game on the line"?

That line never applied to me. But, apparently, it describes Sean Cronk perfectly.

Leading by only three points with 20 seconds to go, an Everett High School player was fouled by a player from Peabody High. The player was hurt on the play and unable to shoot the free throws that could go a long way toward deciding the game.

In basketball, if a player is hurt on a foul and cannot shoot the free throws, the coach picks another player from the team to shoot the free throws.

Cue Sean Cronk. Young Mr. Cronk has cerebral palsy and it severely impacts his ability to run and jump, making any prolonged participation in a basketball game almost impossible. He hadn't played all year; in fact he was doubling as the team's scorekeeper.

But there is one thing he does better than just about anyone - shoot the rock.

The coach picked Sean to come in to shoot the pressure packed free throws. He took off his warm-up and (in the words of the Boston Herald, "slowly shuffled" out to the free throw line to shoot two shots, ice cold, with the game on the line.

Money. And more money.

Despite the jeering of a hostile crowd, Cronk calmly swished both and Everett went on to post a 74-70 win and its first Greater Boston League title since 2003.

“It took a lot of guts for Sean to walk onto that court, cold off that bench and make those free throws,” said DiBiaso, tears welling in his eyes as he retold the story. “I give that kid all the credit in the world. I told him that there was going to be pressure on him and people yelling at him, but he went out there and did it.
“There were a lot of grown-up people who left that gym Friday night with tears in their eyes.”

One thing about that hostile crowd yelling and screaming for him to miss: good for them. The kid is on the team, the game is on the line, and the city title is at stake. Let him have it.

It just makes it all the more wonderful that he drained them.

It turns out that for his teammates, the outcome was never in doubt.

“He’s the best free throw shooter on the team,” said senior co-captain Dashon McCloud. “I’ve watched him shoot and he’s automatic from the line.”
Added junior co-captain Brandon Lee: “We knew he could shoot under pressure. At the end of practice, Sean shoots free throws and if he misses, we have to run. We never have to run.”

As for Sean, he summed up the night as follows:

“It was an awesome feeling. I think I showed that a handicapped kid could play basketball, be on the biggest stage and help a team win a game.”

Tuesday, February 13, 2007

NASCAR To Stage Race for Drivers With Disabilities

Now this is more like it.

Daniel Reyes was the victim of a car accident which caused part of his right leg to be amputated. His biggest worry was that he was no longer going to be able to drive his Ferrari.

He searched the world over for the appropriate driving tools until he found Guido Simplex, an Italian company that specializes in assistive technology to let people with disabilities drive souped-up sports cars.

“(The doctors) told me to get a car with an automatic transmission and be happy with that,’’ Reyes said. “That made me angry. I didn’t want them telling me what I could or couldn’t drive. I wanted to drive my Ferrari!’’

The technology has not only put Daniel Reyes back on the road - he's ready to take it up a notch or two.

While eating seafood and gazing at the Pacific Ocean, Reyes announced that he wanted to stage a race for disabled drivers. “Wouldn’t that be the coolest thing?’’ he asked.

Apparently, the people at Nascar think so. They are helping Reyes and his company put on a race for disabled drivers — who will be running against able-bodied drivers — at the Irwindale Speedway in California on April 12.

They are calling it the Redi Auto Track Challenge 2007. Now that would be a fun event to go to.

Potential Jurors Being Dismissed in Case of Liz Carroll


The judge in the trial of Liz Carroll, the foster mother accused of murdering Marcus Fiesel, is having a little difficulty seating a jury in the case.


There is a motion pending in the trial to have the case moved to a different venue, and the progress (or lack thereof) in voir dire could have an impact on the ruling.


Ten of the first 30 prospective jurors who were questioned were excused, but only three because they told Ringland they had strong opinions about the couple's guilt.


One woman said she could not be objective because her daughter has three foster children placed through the same agency that placed Fiesel with the Carrolls.


The others were dismissed because of childcare concerns, other family situations, or financial hardship from missing work. Several who remained said they seldom read newspapers or watched newscasts.


Monday, February 12, 2007

Trial Begins in the Death of Marcus Fiesel



The trial of the foster mother in the murder of Marcus Fiesel has begun with jury deliberations.





Amy Baker, the live-in girlfriend of foster father David Carroll has been granted criminal immunity in exchange for her testimony. Her cooperation has been described as essential in helping police in the arrest of the Carrolls.





Prosecutors and law enforcement officials claim Liz, 30, and David Carroll wrapped the developmentally disabled boy in a blanket reinforced with tape and placed him in a crib inside a closet of their Union Twp. home on Aug. 4, a sweltering Friday.



The Carrolls and Baker then headed off to Grant County, Ky., for a family reunion. When they returned the following Sunday, Marcus was dead.



According to Liz Carroll's grand jury testimony and prosecutors, Baker and David Carroll, 29, took the boy's body and burned it in a fallen-down home in rural Brown County, repeatedly using gasoline to hurry the pace of incineration. What wouldn't burn was dumped into the Ohio River near Higginsport.





The court is going to require Ms. Carroll to wear a leg brace that locks when she stands in order to "keep her from running."



Apparently Ms. Carroll is blaming Amy Baker, the star witness in the trial, for the death of Marcus. This is, to put it mildly, a defense with some holes in it.

"I asked him why he (David) did it and he said, 'She (Amy)did it.' (Baker) was crying at first, saying she was so sorry, that she didn't mean it but he wouldn't stay in bed ... But then when I went to call 911 she turned angry and she was shaking me and pushing me up to the wall next to the shower ... "
Liz Carroll


According to the Enquirer, all three of them went to Kentucky for the weekend - without Marcus. That makes it kind of tough for me to believe that it was Amy Baker's fault. Who did Liz Carroll think was taking care of the child? She didn't have a problem leaving Marcus all alone, she just disapproves of Amy's methods in this instance?


According to David Carroll, Amy Baker came up with the plan of burning the body and dumping the remains in the river. They then concocted and participated in an elaborate hoax to explain his disappearance, getting all of southwest Ohio emotionally involved and actively looking for a three-year old with autism who was never missing.



Now Liz Carroll is facing 35 years in prison, all because, according to her, she helped her husband's live-in girlfried try to cover up the death of her foster child. That could be a tough sell to the community she tried to con.

We'll keep you posted.

"Polar Bears" Raise $13,000 for Special Olympics in Miami County



Over 100 people of honorable intentions and questionable judgment jumped into to Silver Lake in New Carlisle to raise money for Special Olympics in Miami County.



The event attracted supporters like Dan Heberling, right, who jumped in with the words "Warm water is for wimps" (good alliteration!) written on his chest.



With the temperature on the outside in the mid 20s under sunny skies, "swimmers" could only guess how cold the water under the ice-covered lake was, but all agreed, "it was cold, and it was for a good cause" said Tom Helbig, Miami County Special Olympics Coordinator.





The event raised over $13,000.





I'd rather volunteer for the dunking booth - in August. But God bless all of them.

Hung Jury in People vs. David Michael Bell

As had been predicted, the jury in the case of David Michael Bell ended their deliberations without being able to reach a verdict on any count.

The jury was deadlocked at 11-1 to acquit on the charges of second degree murder and were hung 8-4 to convict on the charges of assault with a deadly weapon.

Jurors were visibly weary during the final days of their deliberations, and one distraught juror, sobbing uncontrollably, threw her arms around Bell's parents after the deadlock was declared.

That's all well and good, but how about the parents of Ana and Luis Cardenas, aged 9 and 7?

I've served on a jury before in a case involving rape, kidnapping and aggravated burglary. It's not easy. Our ended in a conviction, and you just hope you've done the right thing.

It must be incredibly frustrating to put in that much service and not be able to reach a verdict. It's clear that the murder charges are going to fly; 11-1 against is a strong message from the jury.