A jury convicted a Christian Science couple of manslaughter in the death of their 2 1/2-year-old son in a case that weighed religious faith against parental responsibilities to provide medical care.
Some jurors cried Wednesday after finding Ginger and David Twitchell, both 34, guilty of involuntary manslaughter in the 1986 death of their son, Robyn, who suffered a bowel obstruction."It has been hard on everyone and it was certainly hard on" the jury, David Twitchell said minutes after the verdict was read. "This has been a prosecution against our faith."
But prosecutor John Kiernan said the case was about crime, not religion.
"What the case proved is the right to believe is absolute - the right to practice is not," Kiernan said.
A sentencing date is to be set Friday. The Twitchells remain free, but each faces up to 20 years in prison.
Defense attorney Rikki Klieman said the Twitchells will appeal. She contends Judge Sandra Hamlin failed to instruct the jury properly on a religious exemption that applies to child abuse laws.
The Suffolk County Superior Court jury deliberated more than 14 hours.
Since 1980, there have been seven prosecutions of Christian Science parents. Five have been convicted, one acquitted and one case was thrown out, according to child rights activist Rita Swan, who said no cases were tried in the 1970s.
Founded in 1879 by Mary Baker Eddy, the Church of Christ, Scientist, believes that physical disease, like sin, can be healed by spiritual means alone.
Nathan Talbot, a spokesman for the Boston-based Christian Science Church, said he's confident the verdict will be overturned on appeal.
"We're deeply disappointed. It's still an unresolved issue," he said. "It certainly isn't going to change spiritual healing."
Massachusetts law recognizes spiritual healing as a viable form of medicine, but Hamlin told the jury the statute requires that parents seek professional care for children with life-threatening diseases or injuries.
"Christian Science has an extraordinary record of healing, but they're saying that it has to be a perfect record," said Talbot. "It's very different standard from that held up for medical practice."
Trial testimony began May 4 with a jury tour of the Twitchell's former home in Boston and deliberations began Monday. The Twitchells now live in Brentwood, N.Y., with their two other children.
David Twitchell testified at the trial. His wife did not.
The First Church of Christ, Scientist, based in Boston, closely monitored the case, taking out full-page advertisements in major papers at the trial's outset asking, "Why is prayer being prosecuted in Boston?"
"This boy was sacrificed for his own parents' pursuit of spiritual purity," said Kiernan. "The name of his god was `mother and father.' His mother and father abandoned him."