GREENE JUDGE OKS SOME CARROLLS' VISIT WITH ADOPTED SON

GREENE JUDGE OKS SOME CARROLLS' VISIT WITH ADOPTED SON

July 7, 1994

Janice Haidet

Dayton Daily News

A judge in the Carroll case ruled Wednesday that the Cedarville family could resume visitations with two of their children currently in foster care - but only if their eldest son is not present.

Visiting Judge Richard T. Cole wants Isaiah Carroll, 11, kept away from his older brother, James. Isaiah, through limited communication, has accused James of hurting Josiah Carroll, 12. Josiah died June 14, 1993, in bed. His death was ruled a homicide. "The fact that (Isaiah) has communicated he has fear is sufficient to limit at this time any contact between Isaiah and James," Cole wrote.

"These rulings are sufficient to protect Isaiah as a material witness."

However, the children's mother, Kathleen Carroll, pointed out that Cole also stated that he doesn't know whether Isaiah's fear of James truly exists; the judge only noted Isaiah indicated that fear.

Isaiah and 6-year-old Samuel were placed in foster care last August after questions were raised about the Carrolls' parenting skills. In May, Isaiah and Samuel began overnight visits twice weekly at the family's home. But in June, the visits were discontinued when Greene County Prosecutor William F. Schenck filed court documents alleging that Isaiah witnessed Josiah's death and was sexually abused at the hands of James.

James, now 18, stood trial last fall for one of four suspicious deaths in the family, but was acquitted of all charges.

In related decisions, Cole refused prosecutors' request to remove Hosea Carroll, 10, from the home, and he forbade future interviews with Isaiah, whose cerebral palsy prevents him from speaking, without a court-appointed child advocate present.

However, he did order that Kathleen and Timothy Carroll interview Isaiah about the allegations with the advocate.

Mrs. Carroll said she's convinced "James didn't do anything."

She said that, on the night of Josiah's death, James was only out of her husband's sight for "about 20 seconds."

Prosecutors are continuing their attempt to get permanent custody of both Isaiah and Samuel. That issue will be decided at a hearing set for Oct. 31.