The Huffington Post has reported that D.H. and S.H., parents of two living children, have been sentenced to over six years in prison for the death of their prematurely born son, as a jury concluded that the child's life could have been saved had the parents sought care instead of prayer.
The jury, trying the case in Oregon City, Oregon, this past September, voted unanimously against the couple. They determined that the child – a scant none hours old, two months premature and not quite weighing four pounds – did not have to perish.
The Oregonian judge sentenced the couple to 75 months in prison – which is the mandatory minimum under state sentencing guidelines – and three years of probation for second-degree manslaughter of the child, David H.
Most of the 100 or so people that filled the courtroom were members of the Followers of Christ church, showing their support for the couple.
The church believes that medicine should be shunned and instead, only that faith healing is required when loved ones are ill.
At the sentencing Judge R. H. said, "As the evidence enfolded and the witnesses testified, it became evidence to me and certainly to the jury ... that this death just simply did not need to occur."
Prior to sentencing the couple pleaded with the judge for leniency. They cited that S.H. was a "24 hours a day" mother to her children. D.H., in asking the court to show mercy to his wife, said, "We are willing to do anything that the court sees fit."
Mike Regan, the prosecutor, in urging the judge to do otherwise, said, "These generally are good, decent, law-abiding folks, except in this one narrow area of their lives. One (area) where they have told us stubbornly -- and arrogantly, if I may -- that 'We are not going to change.' The law of civil society demands that they change. It demands that we sent a message to all of them that whether you believe this or not in Oregon, you cannot act upon that belief."
Mark Cogan was the couple's defense attorney. He argued for probation instead of sentencing, citing that the couple had since been compliant with orders that their children receive medical attention. He contended that both children had since been taken to a pediatrician.
Cogan said that his clients were "not criminals" and will now follow any court orders for medical care.
Three other couples – from the same church – preceded S.H. and D.H. in convictions for their refusal to seek medical care for their children. Of the three, two sat in the courtroom: One parent that was convicted of almost costing their child her eyesight, and the other was convicted of criminal mistreatment in the death of his own 15 month old.
John Neidig, in representing S.H., told the judge that his client should be given special consideration – as she was not able to, on her own, call for help. She, like other wives in the church, must bow to the decisions her husband deems appropriate.
Neidig asserted, "That is a function of their religion, a religious practice. The husband is the head of the household, like Christ is the head of the church."
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