BATAVIA, Ohio (AP) - Gov. Ted Strickland is reviewing a request from Kentucky Gov. Ernie Fletcher to extradite the key witness against an Ohio couple convicted in the death of their 3-year-old foster child, Strickland's spokesman said.
Amy Baker was granted immunity by Clermont County prosecutors to testify against Liz and David Carroll Jr., a Cincinnati-area couple who left Marcus Fiesel bound in a closet while they attended a weekend family reunion in Kentucky in August.
Despite her immunity in Ohio, Baker was charged by police in Maysville, Ky., with helping to dispose of the boy's body in the Ohio River.
Baker, 25, could be sentenced to up to five years in prison if convicted in Kentucky of tampering with evidence. She is jailed in Ohio on $50,000 bond pending an extradition hearing July 16.
Strickland received Fletcher's extradition request Monday. Defense attorney Norm Aubin, who is contesting Baker's extradition, said he plans to call Strickland on Tuesday to discuss "the inherent unfairness of what Kentucky did" by charging his client.
If Strickland refuses to extradite Baker, Kentucky could file a lawsuit against Ohio in federal court, said Lynn Grimshaw, the special prosecutor handing the case for Clermont County. The U.S. Supreme Court has ruled that a governor must turn over someone if another state makes a proper extradition request, Grimshaw said.
Baker, who was the live-in girlfriend of David Carroll, testified under immunity that she was with Carroll when he burned the boy's body and threw the ashes and other remains in the Ohio River, which is under Kentucky's jurisdiction.
The Carrolls were accused of leaving the developmentally disabled boy home alone, bound in a closet, while they went to a family reunion for two days. The boy was dead when they returned home.
Baker testified at Liz Carroll's trial, which ended in her conviction in February. She is expected to spend at least 54 years in prison.
David Carroll acknowledged his role in the boy's death rather than go to trial, and was sentenced to 16 years in prison.
Information from: The Cincinnati Enquirer,
(Copyright 2007 by The Associated Press. All Rights Reserved.)
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