Lynn Grimshaw, former Scioto County prosecutor, has been appointed as the special prosecutor in the wake of Clermont County prosecutors withdrawal from the case.

Clermont County prosecutors announced their withdrawal during a hearing Monday citing the possibility they will be asked to testify regarding the immunity Baker was granted in the case involving the death of 3-year-old Marcus Fiesel.

Fiesel was reported missing by foster parent Liz Carroll in August, when she said he went missing from a Cincinnati area park, prompting a four-day search. Later, she admitted before a grand jury to wrapping Fiesel in a blanket and packing tape and leaving him in the closet of her home in Clermont County while she and her family attended a family reunion in Kentucky. She said he was dead two days later when the family returned.

Baker was the star witness in the case against Liz and David Carroll, both convicted on charges relating to Fiesel’s death, and she was granted immunity in Clermont and Hamilton counties in Ohio for her testimony.

However, Baker’s immunity did not translate into Kentucky. Baker has been charged with tampering with physical evidence, a class D felony. She admitted in open testimony that she and David Carroll had burned Fiesel’s body, then threw the remains off the William Harsha Bridge into the Ohio River which. The Ohio River is in Kentucky’s jurisdiction.

Mason County Attorney John Estill has been enduring some criticism of late for the part he played in filing the charge against Baker. Baker’s attorney, Norman Aubin, said he cannot understand why Estill filed the charge, especially in light of Estill’s previous comments that he would not interfere with the murder investigation. However, Estill has said previously since both Carrolls have now been convicted the “issue is moot.”

Aubin has said the investigation was an Ohio investigation, with an Ohio victim, defendant, witnesses and jury. Ohio prosecutors gave immunity to Baker, and a Kentucky prosecutor should not reach into Ohio to borrow a case. Aubin said the case has now become a legal issue involving substantial constitutional rights between two states.

Estill has refused comment on the situation previously, as the case is pending. However, others are more than willing to come to his defense.

Debbie White, a Cincinnati resident, expressed her appreciation of Estill and the “people of Mason County” for the charge against Baker.

“While Woody Breyer (Clermont County prosecuting attorney) may be furious, I can assure you that the people of Ohio are not,” White said. “A handcuffed and shackled Amy Baker is something we’ve all anxiously anticipated.”

White said the death of Fiesel “broke the hearts of this community,” and the Carrolls’ convictions did allow some healing to begin. She hopes the healing process can be completed if Baker is convicted.

“Ohio may not have heard the outrage over Amy Baker, but Kentucky did,” White said.

Mason County residents also have expressed support for the charge against Baker.

“I think John Estill did exactly what he needed to do,” said Kelly Pollitt, a Maysville resident, adding an admonishment to Ohio prosecutors that they should be behind him “110 percent.”

Pollitt said she gets “all tore up” when she thinks of what Fiesel endured, and she hopes justice will be done concerning all parties involved in the little boy’s death.

“John Estill is a hero in my eyes,” she said.

Maysville resident Don Buckley said he, too, did not believe Baker should get off “Scot-free.” However, he does have some doubts about whether the effort to charge and convict Baker will be worthwhile.

Still, Buckley said Estill is a “good attorney,” who would only act if he thought he had a case.

Baker is scheduled to appear next in Clermont County court in May. Aubin said his client is challenging extradition. To proceed with the extradition, Kentucky Gov. Ernie Fletcher will need to send a governor’s warrant to Ohio Gov. Ted Strickland.

According to Keith Dailey with Strickland’s office, the extradition request has not yet been received.

Contact Misty Maynard at misty.maynard@lee.net or 606-564-9091, ext. 274.