Trial Begins For Two Accused Of Letting Baby Die Untreated

The Indy Channel ^ | May 10, 2005 | AP

[Abathar]

INDIANAPOLIS -- Prosecutors on Tuesday rested their case against a couple whose newborn died after they allegedly declined to seek medical treatment for religious reasons.

The trial of Dewayne and Maleta Schmidt, who are charged with reckless homicide in connection with the August 2003 death of their infant daughter, began earlier in the day. The defense is expected to present its case Wednesday.

The baby, Rhiana Rose Schmidt, was born at her parents' Johnson County home and died two days later. An autopsy showed she died of an infection that normally is treated with antibiotics.

The parents allegedly told investigators that their religious beliefs prevented them from seeking medical assistance for Rhiana, authorities said.

Authorities said the Schmidts' Morgantown-area church, General Assembly and Church of the Firstborn, advocates faith healing instead of medical intervention.

"The evidence this morning was that on the occasions when the baby exhibited problems, they would call members of their church to come pray for the child, but that they did not seek any outside medical attention," Deputy Prosecutor Daylon Welliver said Tuesday.

The judge presiding over the trial has ordered that religion cannot be used as a defense. However, defense witnesses can testify about religious conduct -- such as praying -- that occurred during Rhiana's birth and death.

"The judge's order is religion cannot be argued as a defense, but ultimately, of course, the jury will hear facts about what happened," Welliver said.

If convicted, the Schmidts could face prison sentences of up to eight years.

[Abathar]

As much as I believe in a persons right to live their life as they want this was just wrong. To let this baby die and not do everything possible to save her life is no different than an abortion or even leaving her in a parked car during the summer in my eyes. I know I will be flamed by a lot of people for that, but these people should be prosecuted and serve time for this.

[LIConFem]

"As much as I believe in a persons right to live their life as they want this was just wrong."

I agree. The free exercise of one's religious beliefs is one thing, but this goes well beyond religious freedom. None of us has the right to kill someone else and claim religion as a defense, but that's precisely what these parents did.

Parents have a responsibility to protect their children from harm, and willfully ignoring that responsibility is as criminal as it is immoral.

[tutstar]

Yes it's terribly wrong and very sad. In the past month or so there was an article on FR about a Dr in Houston who gave premature babies a fatal dose of fentanyl so they would die and another article of a victim of late term abortion born alive and the clinic staff did nothing to assist the baby so it might live.

[newgeezer]

To let this baby die and not do everything possible to save her life is no different than an abortion or even leaving her in a parked car during the summer

Although I agree it's wrong, I must say it's quite different than either of those. Denying her antibiotics is much more analogous to denying her food and water.

[pageonetoo]

I am a Christian, believer, and student of Biblical history. Are you questioning whether God is able to heal, whether these people lacked faith, or that they should be discounted/prosecuted because they believe in God?

God hasn't changed... people have! I can't condemn them.

[kx9088]

I don't care what my religion tells me, I'm going to do what is necessary to save my loved ones.

[LIConFem]

"Are you questioning whether God is able to heal, whether these people lacked faith, or that they should be discounted/prosecuted because they believe in God? "

Wow, you read all of that into my comments?

The answers to your questions are no, no, and NO. But do my religious beliefs give me the right to kill, or by act of omission, allow another human being to be killed? Is that what you're defending? Is that Christian?

"... I can't condemn them."

Neither can I. That's God's business, not mine. I can, however, recognize willful neglect when I see it, and allowing a baby to die is willful neglect (assuming it was reasonable to believe that the baby was gravely ill).

[Aquinasfan]

What I'd like to know is how this is different from the Terri Schiavo case. In fact, the Schiavo case has laid the intellectual groundwork for infanticide. There is no difference in principle.

[pollywog]

What about the officials at the abortion clinic that did NOTHING when the girl screamed for help after she saw her baby and cried for someone to get help and call a doctor. I think THEY are wrong too.God help us. We need to value life.

[theDentist]

No flame from me, dude. You're on target IMO.

[shekkian]

So, have you healed your child from serious illness by prayer alone? Please tell.

[pageonetoo]

But do my religious beliefs give me the right to kill, or by act of omission, allow another human being to be killed?

So you would have locked up Abraham?

Faith is the difference... "Religion" may be the problem. Most "Christians" would not make it past the first test! God does not measure actions, He measures the heart. You don't know enough to condemn them.

Sorry, I am one of those nuts who happen to believe that God is real!

Law and Order is a good tv show!

[AppyPappy]

And no different than removing a feeding tube.

[pageonetoo]

So, have you healed your child from serious illness by prayer alone? Please tell.

You don't believe that God could do it?

Do you think that medical science holds all of the answers?

[LIConFem]

"Sorry, I am one of those nuts who happen to believe that God is real!"

And anyone who disagrees with you on any point of faith/belief is an apostate. And by the way, no one called you "nuts".

[trisham]

What I'd like to know is how this is different from the Terri Schiavo case. In fact, the Schiavo case has laid the intellectual groundwork for infanticide. There is no difference in principle.

************

Interesting comparison. It may be that some of the same people who were for the death of Terri Schiavo will agree with prosecuting this couple.

I believe in religious freedom, but at the expense of a child's life? From a personal perspective, I can't imagine not doing everything possible to save the life of my child. I also question the decision of the judge to disallow using religion as a defence.

[RebelBanker]

The judge not allowing religion to be used as a defense is quite significant. It opens the door for all sorts of abuse of people of faith. While we can all agree that this baby's death is a terrible tragedy, I believe we should be concerned that this judge is denying the parents their right to refuse treatment on religious grounds.

Should Orthodox Jews or Muslims (or their children) be required to take medicines derived from swine? How many of us here would want a treatment developed from the body parts of aborted fetuses?

Hard cases make bad laws.

[shekkian]

I do believe in God, but I'm also not a fool.

You still haven't answered my question.

[bonfire]

My problem with these religious groups is that they draw the line depending on the issue.

I spent a lot of time with Christian Science folks when I was younger. I used to ask if they didn't believe in doctors, why didn't they have a problem with wearing glasses, hearing aids, etc. Why did they go to the dentist? They never had an answer.

[pageonetoo]

And anyone who disagrees with you on any point of faith/belief is an apostate.

I was using nut in the perjorative, which is usually applied to people with faith.

Addressing the above quote, an apostate does not believe in the power of God. If the shoe fits...

My premise is quite simple. It is easy to rely on man and his law, medicine, and social web. It is difficult to stand in the face of adversity and rely solely on what you believe... That is the difference that God requires, not me!

We live in modern times, and God is easy to overlook in the face of technology. After all, God can call now, and we can give him a busy signal!

The only problem is for a believer, that fails to pick up!