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Christian Science Parents Charged with Negligent Homicide in Arizona

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Christian Science Parents Charged with Negligent Homicide in Arizona Children's Healthcare Is a legal Duty. Inc. Box 2604 Summer 1988 Sioux City IA 51106 Written and produced by Phone 712-274-3500 Rita and Doug Swan Copyrighted© by CHILD, Inc. that had progressed much too far to be arrested with medical treatment. The tumor on her leg was approximately 41 inches in circumference and had dissolved the bone in places. It had metastasized into her lungs. Because of the terminal prognosis, CPS agreed with the parents' attorney that Elizabeth could be placed in Upward View, a Phoenix nursing home for Christian Scientists. David Barton, church lobbyist for Arizona, told the press the girl was unaware of what had happened at Children's Hospital but was cheerful. Tom Collins Maricopa County Attorney Christian Science Parents Charged INSIDE With Negligent Homicide in Arizona Previous Arizona Neglect. 3 ACLU Speaks Out .................... 4 On August 9, John and Katherine King of Ex-Jehovah's Witnesses on TV............ 6 Paradise Valley, Arizona, were indicted for Resources on Jehovah's Witnesses. 6 negligent homicide and felony child abuse. As Twitchells Charged in Death . 7 Christian Scientists, they had withheld medical and Massachusetts Law . 9 treatment from their only daughter, Elizabeth Boston Press Views .................. 10 Ashley King, 12, who died of b~ne cancer June 5. Boston Professionals' Views . 11 Five other sets of Christian Science parents also Diabetic Death Goes to Trial. 12 face criminal charges for deaths of children. Christian Century Carries Debate. 14 Another Faith Assembly Death. 14 She was out of school and sick at home from Oklahoma Conviction Upheld. 14 November until mid May. Then alarmed neigh­ Battles Against State Licensing -- bors realized they had not seen her for six Sexual Abuse in California. 15 months and notified Child Protection Services Abuse and Neglect in Mississippi. 15 (CPS). The state obt~ed a .court ,order t? have Sexual Abuse in Colorado Sect . 17 her examined at Phoemx Children s Hospital. Medical Neglect in South Carolina . 17 Canadian Policy on Sexual Abuse . 18 Terminal prognosis Legal Assistance Offered............... 18 Recent Articles and Bibliography......... 18 Doctors determined that she had bone cancer Letter from a CS Practitioner . 19 2 Church reactions to inquiries about pain on a railroad track and trust that God will pre­ vent a train from going by." Laura Barton, the administrator of the home and the lobbyist's wife, told the press that her death Prosecutor called cruel was very "quiet and peaceful" and bristled when asked if the child was in pain. "Would you ask David Barton called the charges "unfathomable" other hospitals that?" she said. She was a regis­ and "cruel" and suggested that Collins might be tered medical nurse before her conversion to "trying to get a little attention." Christian Science. Barton cited an Arizona law in the juvenile code Dr. William Li, a pediatric orthopedic surgeon providing that no child who "is being furnished who examined Elizabeth, said, "She had the Christian Science treatment by a duly accredited tumor destroying her femur, her thighbone, in practitioner shall, for that reason alone, be many places because the tumor replaces the considered to be an abused, neglected, or depen­ bone. So in my mind it's just totally difficult to dent child." "The Kings felt they were certainly believe she was not in constant pain." within their rights in doing what they did with their daughter," he said. And after the state But David Barton retorted, "She was not in agreed to allow Elizabeth's removal from the constant pain. At Upward View, she was very hospital to the church nursing home, Barton had comfortable. This little girl was by no means a cited the law as a reason. "The right to practice martyr in any sense of the word." Christian Science was upheld," he said. Tom Collins, Maricopa County Attorney, whose Responsible vs. irresponsible prayer office filed the criminal charges against the Kings, said, "Any person who calls himself a On May 5th, Barton had published a 16-inch Christian wouldn't let a dog die like this." column in the Arizona Daily Star criticizing the American Academy of Pediatrics' position against Prosecutor accused of bigotry religious exemptions. He claimed that "respon­ sible legislators" granted the exemptions because Robert Hooker, the Kings' attorney, called of the church's "good record" at healing children Collins' comment "totally outrageous" and moti­ spiritually. He argued that other churches' type vated by "ignorance, politics, or religious bigotry." of prayers for healing are not "responsible" and He added, "And any indictment that is a result of should not be recognized by state law as a legal any one of those things, or a combination, is alternative to medicine, while his church's prayers inappropriate and improper.... I suspect that Mr. should be. Collins recognizes and understands that the court isn't the forum in which he wants to try this case. CHILD's response And, therefore, he's attempting as best he can to prejudice this community not only against these We were incredibly busy with the media interest people, but against Christian Scientists." in the Twitchell case during May, but did subrr1it a letter to the editor. We closed with the Collins responded that religion has nothing to do following statement: with the case. "It deals with man-made laws that impose a duty on people to care for their chil­ "Is it really necessary for the state of Arizona to dren who cannot care for themselves," he said. allow such suffering even now that [Elizabeth "I certainly am not ignorant. I'm not a religious King's] condition is considered terminal? bigot. I'm not motivated by politics, because I'm Couldn't she at least have sedatives? Christian not running for anything. Science nurses cannot dispense medication since they are not state-licensed. They also will not do ''The law doesn't allow a child to die because even the simplest, non-medical procedures to people are trusting in God to prevent it, just as relieve suffering or discomfort. They do not use it doesn't allow somebody to park a baby carriage icepacks or heat, give enemas or backrubs. 3 Church founder Mary Baker Eddy forbids them Medical Neglect on Religious Grounds to use "a single material application" for the in Arizona relief of disease or pain. They cannot take a pulse and are not competent to report diseases to The charges against John and Katherine King are the state. a case of first impression in Arizona. They are the first criminal charges filed in state history "Barton is not only the church's Arizona lobbyist, against parents who withheld medical care but also one of those 'duly accredited because of religious belief. practitioners.' He ought to spend less time writing the newspapers about his church's great Arizona has, however, had other children die record on healing children and more time healing because of religious beliefs against medical care. Elizabeth Ashley King of bone cancer." In 1979, a black group arrived from Chicago to settle in Miracle Valley, Arizona. Led by the Death illustrates inadequacy of court ordered Rev. Frances Thomas, the group set up the care Christ Miracle Healing Center. Many residents of Miracle Valley were led there by the fiery Unfortunately, the newspaper did not publish our evangelist A A Allen in the 1950s and were letter until after her death. We hope that this predisposed to believe in faith healing. But tragedy will at least serve to illustrate the point Thomas and her "saints" polarized the community that court orders are inadequate protection for with violence and intimidation. They threw rocks children. Elizabeth was out of school for six through windows of residents who would not sell months, yet school officials never bothered to homes to them. They had shootouts with the notify authorities of her illness. (The school set sheriff. They bought dynamite and built bombs. up a home study program for the girl in January.) Five children died of curable ailments Finally, we would point out that juvenile court They let five children die of curable ailments. proceedings are ordinarily secret. Perhaps Theiral Drewwho, a 6-year-old boy, djed from a neighbors reported the case to the press as well strangulated hernia which could have been as CPS or perhaps the press picked it up just corrected with routine surgery. The boy gagged because of its intense interest in the issue during on his own feces. Yet when Thomas' son was May. Barton claimed that the King case was the mortally wounded, he was rushed to a hospital. first instance of Arizona state intervention in a Christian Science case since 1969. "And that From beginning to end, Cochise County was must say something for how well our system unable to deal with the group. More than 70 works," he said. felony counts were filed against church members for the violence, though none were filed for the More likely, however, Elizabeth is just the first medical neglect of the children. Only three Christian Science case in Arizona to come to convictions were obtained. The county nearly press attention since 1969. The truth will be went bankrupt paying for public defenders to impossible to determine. CPS keeps no records represent the church members. The church filed on Christian Science children because the state a $75 million civil rights suit against the sheriff law says that Christian Science children are not and other county officials that was settled out of supposed to be considered abused or neglected. court. The costs to the taxpayers of this rural We have to wonder how many other Elizabeth county are estimated to be in the millions.
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