Wednesday, February 28, 2007
"PDF Equalizer" Makes PDF Files Accessible To All
Driver With Disabilities REALLY Doesn't Want To Pay His Speeding Ticket
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
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.
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
"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."
Thursday, February 22, 2007
The Elswick Envoy: One Brief Shining Moment
Liz Carroll Found Guilty of Murder
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
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
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
"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.
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
Hawaii Sending People With Disabilities in Nursing Homes to Buckeye State
"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.
Strickland to Expand, Improve Addiction Services
"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
"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."
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. 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
Carrolls Agreed To Never Leave Marcus Unattended
Ray Jones, Disability Champion, Rest In Peace
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.
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.”
“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
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.

















