The murder trial of a Christian Scientist couple whose 7-year-old daughter died of diabetes will test a state law that absolves parents of charges when their religious beliefs prohibit medical care.
The trial of William and Christine Hermanson began Monday. They are charged with third-degree murder and felony child abuse in the death of their daughter Amy.The Sarasota County Circuit Court trial is believed to be the first murder case in which the 1975 Florida law has been raised by the defense.
The Hermansons, citing their religion, sought advice on their daughter's condition from spiritual healers, but did not summon doctors to treat her, authorities said.
The Florida law says parents who deny a child medical care may not be considered abusive or neglectful if they acted out of a deep religious belief.
Defense attorney Thomas Dart contends the law "specifically excludes" people like the Hermansons from criminal charges.
But prosecutors say the law should not shield parents who allow their children to die.
"The children are entitled to protection, and if the parents won't give it to them, they will suffer the consequences," said Mack Futch, an assistant state attorney.
The Hermansons say their accusers are wrong. They turned down a plea bargain - 15 years' probation and a plea of guilty or no contest - for a chance to defend their actions before a jury.
Hermanson, 42, worked as a bank vice president. His wife, 38, ran a fine arts academy. They have another child, Eric, who is 11.
If convicted, the couple could face three to seven years in prison.
Christian Scientists believe that they can overcome evil, including disease, with positive thinking and prayer. In difficult cases, they may enlist the aid of church-accredited "practitioners," senior members with expertise in spiritual healing.
Amy became ill in September 1988, and the Hermansons called on two such practitioners, authorities said. She died Sept. 30 as a judge at the request of a social worker ordered a medical examination.
After the girl died, Associate Medical Examiner James C. Wilson concluded that medical treatment probably could have saved her.
Frederick Hillier, a practitioner who was ministering to the child over the telephone shortly before she died, declined to discuss Amy's case, but said Christian Scientists generally regard prayer as a better treatment than conventional medicine.
Members of the Church of Christ, Scientist acknowledge that their methods sometimes fail, just as doctors sometimes fail, he said. But that doesn't mean Christian Scientists deserve criminal charges any more than the doctors do, he said.