Post by Anja Nieser on Sept 17, 2006 23:22:38 GMT -5
Carrolls' Lawyers Giving Their All
When their phones rang late that afternoon nearly three weeks ago,
attorneys Scott Rubenstein and Adam Bleile had no idea how potentially
life-changing the calls would be.
It was Aug. 29, and the call for Rubenstein was from a judge's office,
asking him to defend David J. Carroll Jr. For Bleile, the message came
from a woman at the Hamilton County Jail, asking him to defend her
daughter, Liz Carroll.
The next day, under the glare of TV cameras, Rubenstein and Bleile stood
by their husband-and-wife clients in Hamilton County Court as they were
arraigned on charges they killed their foster child, 3-year-old Marcus
Fiesel. Now, the attorneys have the unenviable task of preparing a defense
for the couple.
The court appointed Rubenstein, 33, to represent David J. Carroll Jr. in
Hamilton and Clermont counties. Liz Carroll's family hired Bleile, 36, to
defend her in Hamilton County.
2 other attorneys are also representing the Carrolls. Stephen Wenke will
assist Rubenstein in David Carroll's defense, and on Friday, a judge
appointed Donald Weber to represent Liz Carroll in Clermont County.
Wenke failed to return phone calls for this story, and Weber had little to
say after his court appointment.
Rubenstein and Bleile have stood by the Carrolls longer than any other
attorney. While some speculate this high-profile case might define the
careers of the young attorneys, each denies that publicity was a motive in
agreeing to defend the clients.
"As difficult as this job is going to be, somebody's got to do it," says
Rubenstein, a downtown criminal defense attorney who routinely takes
court-appointed cases. "Somebody has to make sure these people's rights
are going to be respected."
"Justice demands adequate representation for all," says Louis Bilionis,
dean of the University of Cincinnati College of Law. "But for (their)
effort, we could not have a system we could believe in."
The evidence against the Carrolls appears overwhelming. Like none other in
recent history, the case has caused widespread sympathy for the victim and
rage against the suspects.
The Carrolls' attorneys have felt some of this public anger. Rubenstein's
office received a threatening phone call after taking the case. A
neighbor, a woman, banged on Bleile's front door in Bridgetown to ask his
wife why her husband was defending Liz Carroll.
"My wife (Jo-Ana) is emotionally caught up in this," Bleile says, "because
she is a mother (two children from a previous marriage). She thinks my
client is guilty. She feels just like every other mother."
But the most common question the attorneys and their families hear, from
friends and strangers:
How can you defend these people?
Prosecutors say the Carrolls wrapped little Marcus in a blanket with
packing tape and shut him in a closet at the Clermont County home for 2
days in August while they attended a family reunion in Kentucky. Police
allege David Carroll then burned the boy's body and dumped the remains in
the Ohio River.
The couple later concocted a story, claiming Marcus wandered away in an
Anderson Township park, authorities say. The community felt deceived,
betrayed, even vengeful.
After they were indicted, Hamilton County Prosecutor Joe Deters said he
would like to give the Carrolls the death penalty, but acknowledged he
didn't have grounds to ask for such an indictment.
Murder, involuntary manslaughter and other charges were later filed
against the couple in Clermont County, where police allege the crime
occurred. The Carrolls face lesser charges of making false alarms and
inducing panic in Hamilton County. The Carrolls remain in Clermont County
Jail in isolation and under suicide watch on $10.1 million bond each.
Despite the apparent odds and public opinion set against them, Rubenstein
and Bleile each had the opportunity to decline taking their respective
cases.
After that phone call and meeting his client for the 1st time at the jail,
Rubenstein says he didn't realize the magnitude of the case until the next
day's arraignment.
Bleile believes Liz Carroll's mother found his name in the phone book. He
didn't realize who Carroll was until he met her in the jail that night.
She was having difficulty communicating with him, he says, and is most
concerned about the welfare of her 4 young children.
This is the first time Bleile has crossed paths with Rubenstein, even
though the men received law degrees from the University of Cincinnati in
1999.
That's where their commonalities end. Rubenstein is a third-generation
attorney, who grew up in Amberley Village and worked in the Hamilton
County Prosecutor's Office for 2 years before joining his father's
practice in 2001. This will be his 4th murder case this year.
Bleile, who grew up in Cheviot, says he mostly defends clients in rape and
sex offense cases. He is the 1st attorney in his family. An Army veteran,
Bleile worked in his father's tattoo shop to help pay his college and law
school tuition.
Although they won't comment on specifics of their cases, both attorneys
say there is much the media and the public don't know.
"There will be surprises," Bleile says. "I've heard the other side of the
story."
The attorneys predict trials for the Carrolls won't begin until spring.
They say they can divorce themselves emotionally from the case, but they
understand why the public is so interested - and why many revile their
clients.
"This (Marcus) was a very young child that had a very short and rough
life," Bleile says. "And everybody feels for that child. I feel for that
child."
Amy Rubenstein believes her husband can withstand the stress of the court
proceedings, but knows the case will touch him.
"He's dealing with the sad case of a 3-year-old," she says. "I know at
times, he probably will want to come home and just hug his kids
(3-year-old Lilly and 8-month-old Phoebe).
Both believe most people understand why they're defending such unpopular
clients. Bleile says he has even received supportive phone calls. But when
asked what they hope to gain by taking on this case - other than
fulfilling commitments to their clients and the legal system - they offer
different answers.
"From the perspective of a young lawyer, this is how you gain experience,"
Rubenstein says.
Bleile doesn't see "anything good about taking the case." He's worried
about his wife, who is often in tears because her friends and co-workers
are constantly asking her about the case - how can her husband defend a
woman accused of such a heinous crime?
"I'm just trying to fulfill my word that I will do the best I can," Bleile
says.
After his obligation ends, Bleile says he is considering giving up his law
license - perhaps to work as a tattoo artist again.
(source: Cincinnati Enquirer)
When their phones rang late that afternoon nearly three weeks ago,
attorneys Scott Rubenstein and Adam Bleile had no idea how potentially
life-changing the calls would be.
It was Aug. 29, and the call for Rubenstein was from a judge's office,
asking him to defend David J. Carroll Jr. For Bleile, the message came
from a woman at the Hamilton County Jail, asking him to defend her
daughter, Liz Carroll.
The next day, under the glare of TV cameras, Rubenstein and Bleile stood
by their husband-and-wife clients in Hamilton County Court as they were
arraigned on charges they killed their foster child, 3-year-old Marcus
Fiesel. Now, the attorneys have the unenviable task of preparing a defense
for the couple.
The court appointed Rubenstein, 33, to represent David J. Carroll Jr. in
Hamilton and Clermont counties. Liz Carroll's family hired Bleile, 36, to
defend her in Hamilton County.
2 other attorneys are also representing the Carrolls. Stephen Wenke will
assist Rubenstein in David Carroll's defense, and on Friday, a judge
appointed Donald Weber to represent Liz Carroll in Clermont County.
Wenke failed to return phone calls for this story, and Weber had little to
say after his court appointment.
Rubenstein and Bleile have stood by the Carrolls longer than any other
attorney. While some speculate this high-profile case might define the
careers of the young attorneys, each denies that publicity was a motive in
agreeing to defend the clients.
"As difficult as this job is going to be, somebody's got to do it," says
Rubenstein, a downtown criminal defense attorney who routinely takes
court-appointed cases. "Somebody has to make sure these people's rights
are going to be respected."
"Justice demands adequate representation for all," says Louis Bilionis,
dean of the University of Cincinnati College of Law. "But for (their)
effort, we could not have a system we could believe in."
The evidence against the Carrolls appears overwhelming. Like none other in
recent history, the case has caused widespread sympathy for the victim and
rage against the suspects.
The Carrolls' attorneys have felt some of this public anger. Rubenstein's
office received a threatening phone call after taking the case. A
neighbor, a woman, banged on Bleile's front door in Bridgetown to ask his
wife why her husband was defending Liz Carroll.
"My wife (Jo-Ana) is emotionally caught up in this," Bleile says, "because
she is a mother (two children from a previous marriage). She thinks my
client is guilty. She feels just like every other mother."
But the most common question the attorneys and their families hear, from
friends and strangers:
How can you defend these people?
Prosecutors say the Carrolls wrapped little Marcus in a blanket with
packing tape and shut him in a closet at the Clermont County home for 2
days in August while they attended a family reunion in Kentucky. Police
allege David Carroll then burned the boy's body and dumped the remains in
the Ohio River.
The couple later concocted a story, claiming Marcus wandered away in an
Anderson Township park, authorities say. The community felt deceived,
betrayed, even vengeful.
After they were indicted, Hamilton County Prosecutor Joe Deters said he
would like to give the Carrolls the death penalty, but acknowledged he
didn't have grounds to ask for such an indictment.
Murder, involuntary manslaughter and other charges were later filed
against the couple in Clermont County, where police allege the crime
occurred. The Carrolls face lesser charges of making false alarms and
inducing panic in Hamilton County. The Carrolls remain in Clermont County
Jail in isolation and under suicide watch on $10.1 million bond each.
Despite the apparent odds and public opinion set against them, Rubenstein
and Bleile each had the opportunity to decline taking their respective
cases.
After that phone call and meeting his client for the 1st time at the jail,
Rubenstein says he didn't realize the magnitude of the case until the next
day's arraignment.
Bleile believes Liz Carroll's mother found his name in the phone book. He
didn't realize who Carroll was until he met her in the jail that night.
She was having difficulty communicating with him, he says, and is most
concerned about the welfare of her 4 young children.
This is the first time Bleile has crossed paths with Rubenstein, even
though the men received law degrees from the University of Cincinnati in
1999.
That's where their commonalities end. Rubenstein is a third-generation
attorney, who grew up in Amberley Village and worked in the Hamilton
County Prosecutor's Office for 2 years before joining his father's
practice in 2001. This will be his 4th murder case this year.
Bleile, who grew up in Cheviot, says he mostly defends clients in rape and
sex offense cases. He is the 1st attorney in his family. An Army veteran,
Bleile worked in his father's tattoo shop to help pay his college and law
school tuition.
Although they won't comment on specifics of their cases, both attorneys
say there is much the media and the public don't know.
"There will be surprises," Bleile says. "I've heard the other side of the
story."
The attorneys predict trials for the Carrolls won't begin until spring.
They say they can divorce themselves emotionally from the case, but they
understand why the public is so interested - and why many revile their
clients.
"This (Marcus) was a very young child that had a very short and rough
life," Bleile says. "And everybody feels for that child. I feel for that
child."
Amy Rubenstein believes her husband can withstand the stress of the court
proceedings, but knows the case will touch him.
"He's dealing with the sad case of a 3-year-old," she says. "I know at
times, he probably will want to come home and just hug his kids
(3-year-old Lilly and 8-month-old Phoebe).
Both believe most people understand why they're defending such unpopular
clients. Bleile says he has even received supportive phone calls. But when
asked what they hope to gain by taking on this case - other than
fulfilling commitments to their clients and the legal system - they offer
different answers.
"From the perspective of a young lawyer, this is how you gain experience,"
Rubenstein says.
Bleile doesn't see "anything good about taking the case." He's worried
about his wife, who is often in tears because her friends and co-workers
are constantly asking her about the case - how can her husband defend a
woman accused of such a heinous crime?
"I'm just trying to fulfill my word that I will do the best I can," Bleile
says.
After his obligation ends, Bleile says he is considering giving up his law
license - perhaps to work as a tattoo artist again.
(source: Cincinnati Enquirer)