Only 6 years for killing your baby

[doggie]

Well it is better then nothing and more then a slap on the wrist. God did good on these people though I am sure they don't think god is punishing them. I am sure they think they followed god. But they flat out said they would do it all over again and that's why they got more then probation.

A Clackamas County judge sentenced the couple found guilty of second-degree manslaughter in their infant son's death to more than six years in prison, saying the death of their son was easily avoidable.

A jury in September unanimously found Dale and Shannon Hickman, of the Followers of Christ church, guilty in the death of their son, David Hickman, who lived for less than nine hours. He was born approximately two months premature and weighed less than four pounds.

Close to 100 packed Judge Robert Herndon's courtroom, nearly all of them believers in the Followers of Christ church, an Oregon City congregation that shuns medicine in favor of faith-healing. About 30 more supporters milled about outside the full courtroom.

Herndon gave the couple 75 months in prison, the mandatory minimum under Measure 11 sentencing guidelines. The sentence also has three years of probation.

“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,†Herndon said.

Before the sentencing, both Hickmans tearfully asked Herndon for mercy, specifically for their seven-year-old child and new baby. Shannon Hickman mentioned she spent "24 hours a day" with her children, and Dale Hickman asked the court to specifically have mercy for his wife.

“We are willing to do anything that the court sees fit,†Dale Hickman said, adding that the couple had been honest during the trial, despite the prosecution’s insistence that they had lied under oath.

Previous coverage

» The Hickman case

» The Followers of Christ

Prosecutor Mike Regan took a hard line on the couple, seeking a maximum of six years. He hammered on both the Hickmans and the church, saying the couple continually resisted negotiations prosecutors because “they did not think they did anything wrong.â€

Regan expressed disbelief at the version of events presented during the trial, when the defense argued the couple knew nothing was wrong until about fifteen minutes before his death. “Are these an arrogant and stubborn group of martyrs with no contrition whatsoever?†he asked.

A message needed to be sent to the church, Regan said. Child abuse for any motive, he said, is still child abuse.

“These generally are good, decent, law-abiding folks, except in this one narrow area of their lives,†Regan said. “One (area) where they have told us stubbornly – and arrogantly, if I may – that ‘We are not going to change.’â€

“The law of civil society demands that they change,†Regan continued. “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.â€

Regan said he was loathe to use the cliché of asking the judge to “send a message,†but said he thought it was necessary for the church. Using an exaggerated analogy of a pagan group that sacrifices children in woods, he asked Herndon how the effect of that groups differs from the situation at hand.

“The only thing difference in the effect is that we have a religious group sacrificing children’s lives, year after year, decade after decade,†he said. “In order to stop that effect, we have to do something.â€

The Hickmans were the fourth couple from the church to be convicted for refusing to get medicine for a sick child.

Timothy and Rebecca Wyland, who wereconvicted of first-degree criminal mistreatment for failing to treat a large growth on their young daughter’s eye, supported the Hickmans at the courthouse on Monday. Carl Brent Worthington, who was convicted of criminal mistreatment in the death of his 15-month-old daughter, also sat in the courtroom.

Dale Hickmans' defense attorney, Mark Cogan, pushed for probation, saying the Hickmans would be compliant with any court orders for medical care. The couple has already taken their two children – a seven-year-old and a new baby – to see a pediatrician, Cogan noted.

"These are not criminals," Cogan said.

The defense pleaded with Herndon to use a religious exemption statute under Measure 11 to allow the couple to avoid mandatory sentencing. The legislature eliminated that exemption after the Hickmans were indicted.

A maximum sentence, he said, would be cruel. “The penalty, the punishment that the government is urging is severe, and would inflict cruel consequences,†on the couple, Cogan said.

Both Cogan and John Neidig, Shannon Hickman's attorney, mentioned the couple's remaining children. “As a parent, I can’t even imagine getting up this morning, taking my seven-year-old to school, kissing her goodbye, and having the possibility of not seeing her or holding her in my arms again until she’s a teenager,†Cogan said.

Dale Hickman and Neidig seemed to ask the judge for even more special consideration for Shannon Hickman. Neidig, her attorney, said she did not have as many chances to call for help: in their church, the decisions are made by the husband.

"That is a function of their religion, a religious practice," Neidig insisted. "The husband is the head of the household, like Christ is the head of the church."

Allowing probation would be a chance to acquaint the couple with medicine, Neidig said, and also said a few Followers had already inquired about medical treatment after the verdict. "It has already had an impact on a few that I know of," he said.

We'll have more coverage online and in tomorrow's paper. Check back later for updates.

[Mark Dreher]

At first I thought you were saying Roe vs Wade was overturned.

That looks like a post Roe v Wade headline.

Is is like that SNL sketch, where the abortion clinic was attacked and they painted "Baby Killers" on the side of their building.

When the cops come, they say "too bad about the damage, but at least they did not damage your sign".

I almost fell off my chair.

The cops thought the name "Baby Killers" was their official sign!

SNL.

Sometimes you got it goin on.

[Witsec7]

Its likely the two living kids will be sent to relatives who are also members of the FOC. Hopefully as details emerge we will find that the court has some protections in place to ensure the surviving children receive adequate medical care.

I'm sorry I couldn't get up there for the sentencing this morning.

[gustava]

The judge did not accept the patriarchy argument, either. He said both were equally responsible for the child's death.

[doggie]

the judge saw through all the crap for sure. If like other cases the case workers will check on the health of the children make sure they are treated like they should be.

[Austin]

They should have gotten more, but I'm glad they got something. Six years should definitely be an attention-getter for the both of them.

And why is the attorney saying that they will not be able to see their daughter until she's a teenager? Don't prisons have visitation days?

[doggie]

every time this church goes to court the parents are getting longer sentences. Hopefully the whole congregation does not end up in jail.

[Witsec7]

I'm unaware of any mandated visits by social workers regarding previous cases. I am aware that in the previous cases parents/guardians were required to routinely take the children to medical professionals for check ups. Again I think its self defeating to have the Hickman children be cared for by FOC, I had hoped the shitty track record of members would have precluded that.

Doggie, the new legislation provided that the Hickmans would not be able to claim a faith healing defense as previous members had done, thats why in this instance the sentencing differed.