Once again the Cincinnati Enquirer is having a direct impact on the trial of Liz Carroll, and this time it may get her a new trial.
Attorney Greg Cohen has filed a motion on Liz Carroll's behalf for a new trial after an article in the paper quoted a juror as saying that the juror new that Carroll was guilty before the trial.
Cohen cited in his filing a February 23rd article by Enquirer columnist Paul Daugherty. Daugherty interviewed his neighbor Patti Weinstein about her experience serving on the jury during Liz Carroll's trial.
In the filing, Cohen quotes the paper who quoted the article by saying the juror's "biggest fear was that what she said she know in her heart- 'that this woman did this terrible thing' - would not be proven in court."
Cohen also stated in the filing that Weinstein is the same juror that he attempted to strike for cause during the initial selection process and then was questioned for perceived misconduct during the trial.
Cohen also writes in his filing that the article quoted Weinstein as telling Daugherty that she suspected the 30 year old foster mom was guilty when she did not take the stand in her defense. Cohen also said that other jurors have expressed the same opinion.
In the article, Daugherty quoted Weinstein as saying, "It wasn't about convicting her, it was about doing right by him." Cohen writes that the jurors had the notion to convict Carroll to "do right by" Marcus.
The judges instructions to the jury to the trial was to come in without any preconceived notion of guilty against a defendant, which in that case was Liz Carroll. The judge also instructed the jury that because a defendant does not take the stand does not mean that the defendant was guilty.
Just before Liz Carroll's trial, Enquirer reporters Sheila McLaughin and Eileen Kelley were briefly served subpoenas to turn their notes from interviews with Liz and David Carroll over to the court. The two had also been called to possibly testify in the trial. The Enquirer fought to overturn the subpoena which Judge Robert Ringland initially allowed winning an appeal in a higher court.
The two reporters who wrote that they conducted interviews with Liz Carroll and her husband David while they were in a Clermont County jail. The article painted the Carrolls as a couple who lived in fear of live-in girlfriend Amy Baker and that she was the one who killed Marcus Fiesel by wrapping him in a blanket, then threatened the two after wanting to call 911.
Baker on the other hand, testified that it was Liz and David to were responsible for the foster child's death.
Just after the trial the paper's editorial staff printed the complete information of the jurors in the Liz Carroll trial. Although that information is a matter of public record, the judge scolded the paper for printing the names. The Enquirer later apologized for printing the list.
FOX19 News is following this story and will have the latest tonight on the FOX19 Ten O'clock News.