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Latest Faith Assembly Prosecutions Tridi>"Na Law Slates: "It Ls a Defense That the in Indiana

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Latest Faith Assembly Prosecutions Tridi> Children's Healthcare Is a Legal Duty. Inc. Box 2604 Sioux City, Iowa 51106 Phone 712-948- 3295 LETTER FROM THE EDITOR ~ecent Faith Assembly Convictions our summer issue is late and after you read The prospects for legisl ative reform have been lt, you wlll know why~our news is pretty somewhat compllcated by recent prosecutions of gloomy. The Christian SciPnce church has Faith Assembly parents in Indiana . Four sets defeated all legislativ~ efforts to improve of these parents have now been convicted for the legal status of children in faith-healing the deaths of their children, and charges a r e sects and has also gotten some new tightrope pending in two other cases. dancing from the o. S. Department of Health and Human Services. These c:onvict ions have blunted some of the publl.c outrage and t.he incentive for legisla­ This tssue chronic.las two defeats in state tive reform. But over a dozen Faith Asse mbly legislatures this year. We will save HHS and children died in Kosciusko County while Prose­ the other states for the fall issue. This ls­ Cl\lor Michae.l Mi.ner repeatedly said that Indi­ sue> a.1.so has our big piece of good news, an ana ' a religious immunity laws and tho Consti­ AMA resolution to oppose religious immunity tutio n protected the par ents ' behavior. Not laws. until prosecutors in Noble and Wllitley Coun­ ties filed charges and won convictions did Miner take action. INSIDE The Current Indiana Law Latest Faith Assembly Prosecutions Tridi>"na law slates: "It ls a defense that the in Indiana . .............. .... 2 accused persdn in the legitimate practice of l1is rel lgious belief pro vided treatment by AMA Opposes Religious Exemptions •• 3 -spiritual means th.rough prayer in lieu of Update on Update •••••••...•••.•••• 3 medical care to his dependent.• The prose­ 1'efeat in Ohio .......... ...... 4 cuturs argued t hat denying a chi.ld Htesaving 7 medical care was not legitimate religious Oleson Laws u it Postponed ••••••.••• pract.lce and therefore the law did not protect CHILD ' S Ohio Testimony ••.• . ••••••• 8 the defendants' behavior. But even after Measles on Campus. • . • • • • • • . • . • • • • • 9 winning convictions, Noble and Whitley County prosecuLors ha~ called the law • troublesome" Washingt on St ate Prosecution •••••• 10 and continued to call for the legislature to Co l orado Conviction Overtur ned •• •• 11 ch,mge it. Family Circ le Featur e .•. ••••• ••• •• 12 CHILI>, Inc. agrees that denying a child Life­ Treasurer's Re por t ••.•. • ••.••••••• 12 saving medical care is indeed not legitimate religious practice. We also believe that the b<3st solution is for the Indiana lav to be repea led or stricken as unconstitutional. At present, the Indiana convictions leAve us with DEFEAT IN INDIANA a sophisticated interpretation that denying your c hild medical care is legl.timat<t reli­ As reported in our spring issue, Repre­ gious practice as long as nothing bad happens sentative Bob Alderman, R-Ft. Wayne, made a to your child because of it. Should parents second try to establish a duty of parents to be exp~cted to know that was the meaning of provide medical care for sick children. He such a law? attetnpted to amend I ndiana's chi ld endanger­ ment statute to include such a duty. His bill Churc h Lobbying Tactics Shift #as killed in committee by the chairman, Rep. Richard Bray, R-Martinsville, who refused to At any rate, the convictions and the death of give it a hearing. Faith Assembly founder Hobart Freeman have somewhat dampened public outrage over Faith Then Alderman added his bill as an amendment Assembly, and the Christian Science forces to Senate Blll 303. The House approved it by haW? chctnged their strategy accordingly. Last voice vot:e, but the Sen.ate con.l'erees who year the church told the press something had subsoquently con.sidered the amendment defeated to be done to protect the children and it. Senator Leslie Duvall, R-Indianapolis, declared its neutrality on Alderman's bill was again an extremely pOwerfU.l force ~~Ainst wnL ... •· LLd u.i.o rr•ena .senar.or vuvo.l.l b.1.oci<ed the bill. the bill . This year the church openly opposed Alderman's bill. Last year Sena tor Duvall Christian Science church lobbyist John Dickson fought reform because it infringed on reli­ Martin attended the meetings on the bill and gious righLs of parents . This year he claimed communicated the church's oppositien to that the convictions showed r eform was legislators. unnt?cesaary. 2 .Udermar le n.ot glVing "'!> · '1e l.s 'lrtermlned that Ind•ana•s l.avs shou.ld uphold a child's right to lilM and intends to try again next Winkelman Trial tor Iniant•s Death y~•r l"' '" ""~ ""'°' ~~... ig h~ "l• J<e.,.• , .. _ 11 .. 've projects that talce se·~eral ye'Jr• t i) accom­ Three-voek-old Joel Winkelman dled of pneu­ pl ieh. He ls a highly respectAd vetor~n of oonia near Huntlngton, Indiana, on April 21st political con~roversies. He got 33 ,noo let­ after a five-day ill.ness. His parents, Davld ters about ERA, and l:IOStly from those opposed Winkolman, 49, and Joy, 46, have belonged t o to it. Ho nevertheless voted tor ERA in Faith Assembly tor more than ten years. Indiana and has continued to be reelocLed by huge majorities. He also pointed ouL that the At their trial on July 25, they acLed like the Christian Science church asked him Lo put a most obdurate and mechanical of Faith Assembly religious exemption into an adult proLective believers. They dismissed even their court- servicee bill he introduced thls yoar1 he ' appointed •standby counsel" as he sat ln the decllned1 the church fought tor an exemption audience. The vife said virtually nothing. ~very step Qf the vay and lost. They presented no evidence and called no vitnesS<1s. •we do bella11¥.l ln physicians. wa bellevo the LATEST f'AITH ASSEMBLY PROSECUTIONS IN INDIANA best phyelclan ls Jesus. We allov Lhe Lord Lo have control over our lives,• said the father . Jamee and Ione Henne of rural wareav vere convicted June 12th for letting their 15-year-old daughter Pamela die vithout Daughter Leaves Faith Assembly medical care. Kr. Menne vas convicted of criminal recklessness and reckless homicide. But their 17-year-old daughter Jody has broken His vita vae convicted on1y of the tormer. with a lifetime of indoctrination in Faith Both we.re acquitted of child neglect, perhaps Assembly. Sha called authorities to tho home because Indiana's religious immunity law when her brother died and testified against provides an ambiguous defense to neglect her parents at trial . She is eight months charges. pregnant and unmarried. When Prosecutor John Branham asked it she is going to get medical Mino.r's Age a Factor care for her ovn child, she .replied quietly, •I sure am.• Pamela's age vas a <:Litical issue,• for testimony indicated that faith healing vaa her Convicted ot Felony Child Neglect personal choice, even after suffering seizures and being urged by her older brother to get The grand Jury bad decli.ned to charge the 11111dlcal care. parents vi.th reckless homicide, so the trial court jury convicted then! only of felony child Pamela had not seen a doctor in nine years and neglect. Thus, theirs is the tlret Indiana had been schooled at home for tour years. Her conviction to rest exclusively on the section father said she had been sick for about tvo of the cri1ninal code containing the religious months v1th fainting spells (seizures) , i1111t1un1ty lav. swollen taco and stomach, and coughing . The coroner ruled .that she died ot preventable kidney failure, though at trial the defense To prolect Lhe appellate record, Proeeculor contended that the state ' s vitnessea could not John Br~nhllm pointed out that the Wlnkelmans say what type of disease caused hor kidney offered no ovldence of prayer for Lhoir son failure, whether the disease was treatable , or (since they presented no evidence at all) . vhat treatment should have been prescribed. Thus, even if the higher court rules that (Thla has been a probl.em in autopsies on some •spiritual means through prayer• ls leg~l Christian Science children also.) h9alth car~ tor children vi.th lita-threat~nlng illnessoe, the Winkelman.er should be deprived Like previous Indiana prosecutors. Prosecutor of this detoneo. Yt is unlikely, though, that Michael Hiner argued that denying a child people vi.th such strong religious beliefs lifesaving medical care was not legltlmAte against \avy~ra will appeal thelr cunvlc~lons. religious practice. He called her rejection of medicine a mere •regurgit~tion• of her Yet Two More Cases parents• beliefs and said a parent cannot / allow a child to make a decision to die. 1n other Faith ~ssembly cases, Elkhart County decided not to file charges in tho daath of Medical Care for Surviving Chi.ldre11 Ordered Josiah M1lllgan on February 18. He veighed over 9 p0unds and was born to nis 46-year-old At their July 25th sentencing, the Monnes vere mother v lthout medical attention or prenatal ordered to pay court costs dnd a tine of care. The parents called a funeral homG three $250., given suspended sentences and hours after the birth, but said he was born probation, •nd ordered to get biannual medical dead. Th~ prosecutor said the baby was not a exanlnattona tor their surviving children, ~rson under Indiana criminal law. haVSJ thom lm111unized, and let beaJ.th o tf Lcials exaJ11lne thoir children at any reasonable hour.
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