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Opinion:  Editorial

Judgment call
Tuesday, December 18, 2007 12:13 PM EST Print this story | Email this story
In a ironic twist to the Amy Baker case, the judge has asked all parties involved -- prosecutors, defense lawyers and the defendant -- to judge whether he should be sitting on the bench for this case.

The Baker case has become one of the highest profile cases in our area in recent years, meaning every move made by officials involved in the case is examined under the media microscope. That made the move by Judge Stockton Wood the latest target for intense scrutiny.

Baker, charged for her alleged role in the death of toddler Marcus Fiesel, will be among those who will decide if Wood's relationship with prosecutors make it impossible for him to render impartial decisions in the Mason County case against Baker. Prosecutors say Baker helped burn the child's body and dispose of the ashes after he died bound in a closet at the home of his foster parents where she also lived as the foster father's lover.

Baker was given immunity in Ohio in exchange for testimony that Ohio prosecutors say was instrumental in sending foster parents David and Liz Carroll to prison for the little boy's death. But after learning the ashes were tossed from the William Harsha Bridge and into Kentucky's jurisdiction, local law enforcement began an investigation which eventually resulted in charges being filed against Baker here.

However, Ohio prosecutors have come to Baker's defense and claim Mason County Attorney John Estill kind of, sort of, maybe also agreed not to prosecute Baker. Estill says that isn't so. For the record, we tend to believe him.

Nevertheless, Baker's defense attorneys have not only asked Wood to decide if Estill is lying but also whether Baker's words spoken in testimony at the foster parent's trial can be used against her in Kentucky.


Once the question of Estill's credibility was raised, Wood realized he would be asked to rule on more than legalities in the case. He would, in essence, be expected to rule on his former law partner's truthfulness. Not only did Baker and Estill once practice law in the same firm, Estill remains a law partner with Wood's uncle. The judge must have realized his ability to remain unbiased would be brought into question.

In a gutsy move, Wood went to those most likely to be affected by his decisions in the case, the defendant and prosecutor. He asked them to make the call. If they all agree he can remain impartial, he will stay. But if any one person doubts his impartiality, he will recuse himself.

While it is true this latest turn of events will further set back a case that has already seemed to go on for way too long, we still admire Wood for having the courage to turn the spotlight on himself and ask others to judge him. That move gives us every confidence in his ability to make the right and fair decision instead of the easy one, not only in


Reader Comments

Comments are limited to 200 words or less.

dewey planck wrote on Jul 25, 2008 9:32 AM:

" I do not need to wonder if the people at the court house would have the fervor to prosecute if catholic priests or bishops were involved in this case. "

wouldn't rule? wrote on Feb 18, 2008 6:54 PM:

" the public needs to remember this man copped out and passed his elected decision to an outside, unaffiated party. Didn't we vote him in to do things like this... What a sackless move. Hopefully people will remember when the next time it is to cast a vote. "

disgusted wrote on Jan 12, 2008 6:42 PM:

" Your newspaper is so intertwined with the local court officials it is sickening, to say the least. Have you ever heard of unbiased opinions or freedom of speech? "

Junior Gumm wrote on Jan 9, 2008 10:03 PM:

" Let me get this straight "careful judge". Your wise judge is thinking ahead and, without a shred of evidence, has already made the decision that a defendant is guilty beyond a reasonable doubt. He's only worried about the appeal. That's the beauty of having all the prosecutors be your former law firm associates. Mason County must be proud of their "brand" of justice".

"

Dr. Hard wrote on Jan 9, 2008 9:52 PM:

" Hey "careful judge"...Let's review your position. You say "if you want to kill your kid and get away with it, go to
Clermont County." The Caroll's killed their kid (Marcus Feisel) in August 2006, and Clermont County had them in prison for life in February, 2007. Mason County indicted your White Whale (Amy Baker) for a low level felony in July, 2007, and by January, 2008, your only achievement is that the judge has finally admitted who his friends are. Who has a record of accomplishment and who has a record of seeking publicity without the common sense(sence) to carry it through. Ask the Permon Gilbert family about their belief that Mason County can follow through on a real murder investigation. "

careful judge wrote on Jan 4, 2008 12:01 PM:

" My opinion is the judge wanted to make sure when Baker is found guilty by the good and honest people ofthe Common Wealth he doesn't want her to have any grounds for an appeal. He is thinking ahead just as we all should be doing and not insult him but praise him for his wisdom. This is the people that have the good sence to know a murderer and want to do something about it unlike Clermont County in Ohio I'm sure you've heard the saying if you want to kill your kid and get away with it go to Clermont County well maybe its beginning to be that way first it was Baker then Slabey so stop complaining and let Estill do Clermont County's job cause they sure as heck won't they don't even bother doind investigations on murder cases. "

great editorial wrote on Dec 22, 2007 9:41 PM:

" Judge Wood has proven by this bold move that he is worth the confidence that Bracken, Fleming and Mason Co. residents have bestowed on him. Fair, honest and compassionate. I agree with the editorial. "

angrymom wrote on Dec 20, 2007 6:59 AM:

" i think it is a shame, another delay to help the case or to make estil l and wood look good or what?this has wen't long over due now. to me she is just as guilty know this chils was beign treated that way, and did nothing about it and to go help with getting rid of his ashes. what a shame to me she is just as guilty as the orther two. let juiste be done, "

Sorry wrote on Dec 20, 2007 12:57 AM:

" The question Judge Wood raises, is whether he can hear any case presented by the Fox, Wood and Wood Law firm or his families' cases or those prosecuted by Kate Hendrickson? The County Prosecutor and the Commonwealth Attorney are thus rendered useless. Don't necessarily disagree with your editorial, just wonder that if this is true for Amy Baker, isn't it also true for every other case that Kate Hendrickson, John Estill, Woody, Andrew, Donald, Wood, etc. are involved in representing. It can't just be true for Amy Baker. Think Stocky is a very fair and honest person who has opened Pandora's box; he has raised the question: Can he function as Judge? Does he or should he recuse himself of all cases presented by former associates? A question I'd rather he not have asked. Would rather have seen him stand by his own convictions of his own fairness and just decisions. Amy Baker's case will ultimately be decided by a Jury. Finding an impartial Jury might move this out of Mason County. The Ledger Indepenent Poll said 80% thought her guilty. Doesn't take brillance to understand the mood. She is guilty, but can it be proven without her own testimony? Maybe not. Ohio couldn't prove the case without giving her a by, I don't know that KY has any magic potions to do so. People will be unhappy, but The Constitution is there to protect all; there are no exceptions in its' protection. There is no body, there are no witnesses besides the guilty who do not have to testify. Why else would the defense not ask for Judge Wood to recuse himself? It doesn't bloody well matter. "

what's fair wrote on Dec 19, 2007 10:32 PM:

" The Ledger-Independent.....JUDGE AND JURY!!!! "

angry wrote on Dec 19, 2007 2:00 PM:

" I thought this editorial was a joke. A blatant attempt at making the judge and estill look good when in fact their actions are pathetic. And for the record, i do not believe mr. estill. "

Admiration deserved? wrote on Dec 18, 2007 11:48 PM:

" Why did Wood not have the courage to turn the spotlight on himself and ask others to judge him in the very beginning? Not now after this farce has gone on for so very long. Confidence in his ability? I don't think so. Not after this amount of time, if it took him this long to come to this decision, how can we trust him in any of his decisions? Way too many questions as to why he is acting this way now. "


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