NEW JUDGE SOUGHT IN CARROLL CASE

NEW JUDGE SOUGHT IN CARROLL CASE

October 28, 1993

Janice Haidet

Dayton Daily News

The Greene County prosecutor has asked the Ohio Supreme Court to remove Judge Richard T. Cole from the Carroll case.

William F. Schenck said he was making that request because "the trial judge is now a party-defendant" to a lawsuit filed Tuesday. The Greene County Children Services Board filed the complaint asking the 2nd District Court of Appeals to compel Cole "to order educational testing and the enrolling of Isaiah Carroll in school."

Isaiah, 12, has been in foster care since Aug. 17, when Cole ruled that he and Samuel, 5, should be removed from the home of Kathleen and Timothy Carroll, adoptive parents of 10 "special needs" children.

Samuel, who has Down syndrome, doesn't have to receive any formal education because he is under the state's compulsory school-attendance age, which is 6.

Two other children, Hosea, 10, and James, 17, who has no physical disabilities, have been allowed to remain in the family's Cedarville home, where four children have died under suspicious circumstances.

James has been accused in connection with the first of those deaths, and is scheduled to go to trial on Monday, but Schenck said that the trial could be delayed, depending on how long the Supreme Court takes to consider the motion to disqualify Cole.