OREGON CITY, Ore. — Jurors said Monday they have been deadlocked from the beginning of deliberations in the trial of a pair of Oregon faith-healing adherents accused of manslaughter in the death of their toddler.
Under questioning from the judge, jurors disagreed among themselves even on whether more deliberating could lead to a verdict.
Judge Steven Maurer sent the jurors home at mid-afternoon and told them to resume deliberations Tuesday morning.
Last week, the jury got the case of Raylene and Carl Brent Worthington, who are accused of manslaughter and criminal mistreatment in the death of their 15-month-old daughter, Ava.
“We remain to be a hung jury on all counts since Wednesday,” said the jury’s spokeswoman in a note to the judge. Neither she nor other jurors have been identified publicly.
She told Maurer she believed more discussion could be fruitful.
When Maurer put the question generally to the panel, however, at least three members, all men, shook their heads grimly in disagreement. Others seemed less emphatic but also expressed disagreement.
Under Oregon law, it takes only 10 votes on a 12-person jury to reach a verdict.
There was no suggestion exactly how the jury split. Maurer told jurors not to disclose “the numerical split in your vote.”
The Worthingtons’ case began its fourth week Monday.
It was the first such case in Oregon since the Legislature in 1999 outlawed defenses based on religious practices in most abuse cases.
The law was a response to the likes of the Oregon City church, the Followers of Christ.
The prosecution alleged that the Worthingtons and church members used faith-healing rituals such as the laying on of hands and anointing the girl with olive oil instead of getting her treatment for a case of pneumonia.
Doctors said the disease was instigated by a growth on her neck that impeded her breathing and eating since she was 3 months old.
Denied a defense on religious grounds, the defense attacked the medical evidence and expert witnesses.
The Worthingtons believed the girl had a seasonal cold common in the town and family, defense lawyers said.
They said she died of an infection, sepsis, that coursed through her body in hours.
The growth on her neck was something others in the Worthington family had suffered with no ill effect, and it seemed to cause her no pain, her parents testified.
The manslaughter charge is a felony usually subject under Oregon law to a mandatory minimum sentence of more than six years. The 1999 law gave judges in cases such as the Worthingtons’ discretion in sentencing in some circumstances.
The criminal mistreatment charge is a misdemeanor carrying a maximum term of a year.
Posted in News on Monday, July 20, 2009 12:00 am
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