Posted on 07/31/2009 4:28:08 PM PDT by jazusamo
Clackamas County Circuit Judge Steven Maurer also will require regular medical checkups for Worthington's surviving child, a 5-year-old girl, and a post-birth medical examination of the child he and his wife are expecting.
In the long history of child deaths associated with faith-healing practices of the Followers of Christ Church in Oregon City, Worthington is the first church member to be convicted of a crime.
Addressing the defendant as well as a courtroom full of supporters, Maurer called the church's practice of treating children with faith healing at the expense of medical intervention as "wrong, wrong, wrong."
Before he was sentenced, Worthington made a brief statement:
"I've never been in trouble my whole life," he told the judge. "I guess I just ask you to be lenient."
Worthington and his wife, Raylene, were accused of manslaughter and criminal mistreatment after treating their daughter with faith healing rather than seeking medical treatment. Ava Worthington died March 2, 2008, of bronchial pneumonia and a blood infection.
A Clackamas County jury last week acquitted the parents of all but one charge of second-degree criminal mistreatment against the father.
Worthington's criminal mistreatment conviction was also the first under a 1999 law that eliminated religious freedom defenses in cases concerning the welfare of a child.
The legislation was introduced after the child of church members died of untreated diabetes. An investigation at the time found that of 78 children buried in the Followers of Christ cemetery, at least 21 could have been saved by medical intervention.
Before sentencing Worthington this morning, Clackamas County Circuit Judge Steven Maurer rejected two motions from defense attorney Mark Cogan, who argued that prosecutors should have been held to a higher standard for burden of proof and that Oregon should require more than 10-2 jury majority for a conviction.
Terrible incident.
I believe this judge did the right thing. He could have sentenced him to one year and fined him $6,250. He gave him a taste of jail time but gave him the 5 years probation as well as stipulating their 5 year old daughter and the unborn one have to have medical checkups. At least those two children will have a better chance of survival.
If the faith-healing had worked, would there have been charges? If not, why not?
If the child had been taken to a medical doctor and died anyway, would there have been charges? If not, why not?
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