JUDGE WON'T ALTER STATUS OF CARROLLS

JUDGE WON'T ALTER STATUS OF CARROLLS

Jim Dillon

September 11, 1993

Dayton Daily News

A judge refused Friday to let 17-year-old James Carroll live with family friends in exchange for allowing two adoptive siblings return home from foster care.

But Visiting Judge Richard T. Cole also rejected a prosecutor's request to remove another child, 10-year-old Hosea, from the home. The decisions left the children's adoptive mother, Kathleen Carroll, with mixed emotions.

"We want Samuel and Isaiah back in the home, but we're thankful James and Hosea get to stay," Carroll said. "There's still hope."

Last month, Cole granted custody of Samuel Carroll, 5, and Isaiah Carroll, 11, to Greene County Children Services. The agency requested custody of the disabled children after James was charged with delinquency by reason of involuntary manslaughter in the death of 6-year-old Hannah Carroll last September.

Cole also placed James on home detention and let Hosea remain with the family.

Friday's conference came after prosecutors filed documents in Greene County Juvenile Court that 12-year-old Josiah Carroll was smothered in June and that an additional charge is being considered against James.

As a result, the prosecutors sought to have Hosea removed from the home and delay James' Sept. 20 trial until a final report on Josiah's death is completed.

John H. Rion of Dayton, an attorney for the Carrolls, countered by offering to have James live with family friends if Samuel and Isaiah were returned home.

In the end, Cole rejected moving the children, but agreed to postpone James' trial until Oct. 25.