BATAVIA – Amy Baker, who avoided prison despite her role in the death of 3-year-old Marcus Fiesel four years ago, could serve up to two years behind bars for selling drugs to a police informant.
I would like to apologize, Baker, 29, said before being sentenced Friday by Judge William Walker of Clermont County Common Pleas Court.
I don’t think you have any real, genuine remorse, Walker said before imposing a two-year prison sentence.
Walker said Baker might be released from prison and enter a drug rehabilitation program. The judge also fined her $375.
Baker, who wore an orange jail uniform, handcuffs and shackles, showed no reaction to the sentence. She has been jailed in lieu of $100,000 bail since being arrested in March. She will be credited for the time she has already served.
Under Ohio law, there was a presumption that Baker wouldn’t be sentenced to prison – but the judge had the option of ordering her locked up for up to 5½ years.
Walker said he felt compelled to take into account Baker’s involvement in the death of Marcus.
It does matter what happened in the past, the judge said. But for the fact the prosecuting attorney’s office needed your assistance and gave you immunity, you certainly could have been drawn into that machinery. … Your involvement in a previous crime has to be taken into consideration.
Defense attorney Bill Rapp had urged the judge to not heed the public outcry against Baker.
We are a system of laws, not a system of mob rules, Rapp said. Blind retribution, which is perhaps what society is asking for out there, mob rule, is best left to primitive societies.
Assistant Prosecutor Kevin T. Miles urged the judge to impose a prison sentence.
While Baker had no prior felony convictions, the prosecutor asked the judge to consider Baker’s record of two less-serious misdemeanor charges, one for menacing in 2000 and another for contributing to the delinquency of juvenile by drinking alcohol with her at the Brown County Fair in 2006. He didn’t mention her involvement in the death of Marcus.
Baker, a resident of Williamsburg Township, previously lived with Liz and David Carroll Jr., who are serving life prison sentences for the murder of Marcus, their foster son.
Although she helped dispose of the child’s body, Baker avoided charges by agreeing to tell prosecutors what happened to Marcus.
The Carrolls had claimed Marcus wandered off in an Anderson Township park. The developmentally delayed boy actually died after being bound in a blanket with tape and left in their Union Township home in August 2006.
Baker went with the couple and their four other children to a family reunion in Grant County, Ky., the weekend Marcus was left alone.
Baker said she later accompanied David Carroll when he burned the boy’s body in Brown County and threw the remains into the Ohio River.
She claimed she had no direct role in the death of Marcus, and prosecutors said the case couldn’t have been solved without her help.
Both Carrolls were found guilty of murder in 2007.
Goshen police conducted a two-month investigation of Baker after receiving a tip she was selling prescription pills, Cpl. Ron Robinson has said.
She sold drugs to a confidential police informant in the parking lots of the public library and a Kroger store in Goshen Township.
While not accusing police of entrapment, Baker’s attorney told the judge there was no evidence she had ever sold drugs before being urged to do so by the informant.
I believe she did act under strong provocation, Rapp said. “The idea to commit this act was not hers.
The judge ordered Baker to pay Goshen police $751.30 in restitution to cover the buy money and laboratory fees.
Baker pleaded guilty June 8 to two counts of aggravated drug trafficking, one count of drug trafficking, one count of aggravated drug possession and a misdemeanor charge of operating a vehicle while under the influence of Percocet. Three other charges were dropped in exchange for her plea.
The judge suspended her driver’s license for five years.
Her attorney said last month that Baker had developed a dependence on Percocet after being prescribed the drug following an August 2009 automobile accident in which she was hurt.
That was the month Baker surrendered custody of her three kids to Children’s Protective Services. The children – an 11-year-old girl, a 9-year-old boy and a 7-year-old girl – had been in foster care since Aug. 29, 2006, a day after the Carrolls were arrested in the death of Marcus.
Baker met the Carrolls through Children’s Protective Services, which recommended she entrust her children to day-care provider Liz Carroll while pursing a high school equivalency diploma so she could get a decent job.
Baker told the judge last month that she was studying nursing in college when she was arrested.
Baker’s drug deals took place Feb. 5, Feb. 26, March 1 and March 5 at the library, according to records.
She also dealt drugs March 13 at Kroger. The pills involved were the pain relievers oxycodone and hydrocodone and the anxiety reliever clonazepam.
Baker sold a total of 83 pills on five occasions, according to records. The biggest deal involved 40 hydrocodone pills, for which Baker allegedly accepted $400 from the police informant.
BY BARRETT J. BRUNSMAN
JULY 9, 2010
Dear Drugs-Forum readers: We are a small non-profit that runs one of the most read drug information & addiction help websites in the world. We serve over 4 million readers per month, and have costs like all popular websites: servers, hosting, licenses and software. To protect our independence we do not run ads. We take no government funds. We run on donations which average $25. If everyone reading this would donate $5 then this fund raiser would be done in an hour. If Drugs-Forum is useful to you, take one minute to keep it online another year by donating whatever you can today. Donations are currently not sufficient to pay our bills and keep the site up. Your help is most welcome. Thank you.
Amy Baker sentenced to prison on drug charges