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- LAW, Page 52Convicted of Relying on Prayer
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- A manslaughter case tests the limits of religious liberty
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- The jury forewoman was trembling. After she announced the
- verdict, several of the jurors began to sob loudly. The
- defendants held hands but showed no emotion upon hearing the
- guilty pronouncement. Climaxing a dramatic and closely watched
- trial that pitted church against state, David and Ginger
- Twitchell were convicted of involuntary manslaughter in a
- Boston courtroom last week. Their crime: letting their sick 2
- 1/2-year-old son Robyn die because they chose to follow their
- religion and rely on prayers rather than call a doctor. "This
- has been a prosecution against our faith," lamented David
- Twitchell, a lifelong Christian Scientist. No, countered
- prosecutor John Kiernan, it was a "victory for children."
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- The conviction was the fifth in two years against Christian
- Scientist parents who failed to seek medical treatment for
- their children -- a record that the Boston-based church
- interprets as a crusade against its teachings. The Twitchells'
- sentence followed the pattern set in the previous cases. The
- parents were given ten years of probation, and they were
- ordered to submit their three other children to regular medical
- exams and take them to a doctor whenever signs of serious
- illness develop.
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- The two-month trial turned on the question of whether the
- Twitchells were guilty of "wanton and reckless conduct" in not
- seeking medical help for Robyn, who died in April 1986 of a
- bowel obstruction, after five days of illness. The parents, who
- had summoned a "spiritual healing" practitioner, maintained
- that their son had shown only intermittent flulike symptoms and
- seemed to be recovering just before taking a fatal turn. But
- medical experts testified that the child would probably have
- been feverish, vomiting and in obvious pain before his death.
- Had he been taken to a doctor, they asserted, the boy would
- still be alive. In one poignant moment at the trial, David
- Twitchell sadly voiced his misgivings: "If medicine could have
- saved him, I wish I had turned to it."
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- The eight-woman, four-man jury deliberated for 14 hours
- before delivering its verdict. The Twitchells' attorney, Rikki
- Klieman, promptly announced plans to appeal. Her primary
- argument, she says, will be that Judge Sandra Hamlin
- misinterpreted a 1971 Massachusetts statute on child abuse and
- neglect, which creates a legal exemption for those who believe
- in spiritual healing. Some 44 states provide some sort of
- religious exemption. In the Twitchell case, the first to test
- the Massachusetts law, Hamlin ruled that "a subjective belief
- in healing by prayer" is no excuse for not obtaining medical
- help when a child is seriously ill.
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- Defense attorney Klieman also questioned the judge's
- rejection of her request to poll the jury members, a practice
- sometimes used to ensure that a verdict correctly reflects the
- views of the jurors. "The fact that the jurors were weeping,"
- she said, "shows every single reason they should have been
- polled."
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- Several Massachusetts legal experts believe the Twitchells'
- claim of a statutory exemption will prevail on appeal. Says
- Harvey Silverglate of the Massachusetts Association of Criminal
- Defense Lawyers: "It's virtually impossible to convict the
- parents in the face of that exemption." Silverglate and others
- think the Twitchell conviction -- particularly if it is
- overturned -- could ultimately prompt nationwide efforts to
- repeal legal exemptions for spiritual healing. While that would
- be a tremendous blow to the Christian Scientists and other
- religious groups, it would, say child-advocacy groups, be an
- important step toward granting the nation's children a
- fundamental human right. Says Jetta Bernier of the
- Massachusetts Committee for Children and Youth: "No individual
- should have to suffer and die because of the religious beliefs
- of another."
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- By Alain L. Sanders. Reported by Robert Ajemian/Boston.
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