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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review

Faith healing and third degree murder: Thorny legal case

By Joseph A. Slobodzian


Law and Order from Bigstock





When there is no protection for colliding of faith and law


JewishWorldReview.com |

PHILADELPHIA — (MCT) Herbert and Catherine Schaible's faith in the laws of G0D put them on a collision course with the laws of man when their 8-month-old son, Brandon, fell ill in April.

As members of First Century Gospel Church, a Philadelphia Christian congregation that shuns medical care as an affront to G0D, they turned to prayer when Brandon became ill with what proved to be a fatal case of bacterial pneumonia.

Prayer was what they turned to in January 2009 when their 2-year-old son, Kent, also died of bacterial pneumonia, a death that led to involuntary-manslaughter convictions, 10 years' probation and a court order to seek medical care when their seven other children got sick.

For the Schaibles' attorneys, prayer will have nothing to do with defending what legal experts say is one of the thorniest of murder cases.

"These are really difficult and sad cases," said Steve Crampton, general counsel for Liberty Counsel, an Orlando, Fla.-based legal organization that focuses on religious issues.

Crampton said the Schaibles' case "lies at the intersection of society's right to protect the life of the child and the parents' right to both the free exercise of their children's religion and (control over) the upbringing of their children."

The Schaibles are being held without bail pending a June 12 preliminary hearing. The couple's seven children, ranging in age from about 8 to 17, were placed in foster care after Brandon's April 18 death.

Bobby Hoof, the lawyer for Herbert Schaible, 44, declined comment. Mythri Jayaraman, attorney for Catherine Schaible, 43, could not be reached for comment. Both lawyers defended the Schaibles in the 2010 trial.

For the Schaibles and others like them, however, there is no protection when faith and law collide.

"For parents, there is no religious exemption, no absolute license that lets you do what you want in the name of religion," Crampton said.

Donald A. Bosch knows the problems of defending a case like the Schaibles'. The Knoxville, Tenn., lawyer spent a decade representing self-proclaimed faith healer Ariel Ben Sherman, who was charged with neglect in the 2002 death of a 15-year-old girl with bone cancer.

Sherman, pastor of New Life Tabernacle in Lenoir City, Tenn., had counseled congregant Jacqueline Crank that her daughter Jessica could be cured by prayer — not medicine.

As Jessica's condition worsened and authorities were called, Sherman and the Cranks went into hiding. By the time they were found a month later, Jessica had a basketball-size tumor on her shoulder and was near death.

Sherman and Jacqueline Crank were charged with neglect in Jessica's death and, after a protracted journey through Tennessee courts, were found guilty and sentenced to a year's probation for the misdemeanor conviction.


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Bosch said that defending Sherman posed an unusual legal question. Jessica Crank's father had died, but the girl and her mother lived in Sherman's house and referred to him as her "spiritual father."

"The issue was, what duty does someone without parental obligations to a minor child have to seek and obtain medical care?" Bosch said.

"I tried to turn the issue on its head," Bosch said. "What criminal responsibility would (Sherman) have had if he had come in, scooped that child up, and taken her to the hospital?"

Bosch said that laws dealing with faith or prayer healing vary among the states: "Generally, the law says that there's a duty to provide reasonable care, but that doesn't mean you have to throw faith out the window. There's a fine line for parents to navigate between faith and reasonable medical care."

Jacqueline Crank is appealing her conviction in the Tennessee courts. Crank's attorney, Gregory P. Isaacs, could not be reached for comment.

Sherman's appeal is over, and he is now beyond the law's reach: the 78-year-old faith healer died Nov. 28 in a South Carolina hospital where he was being treated for small-cell cancer.

The Schaibles' biggest legal problem may be that they have been here before.

They were arrested and tried for involuntary manslaughter in the 2009 death of their son Kent. They sat in court and heard medical experts testify that had Kent been taken to a hospital, or just administered antibiotics, he likely would have survived. They heard the verdict and the judge impose 10 years' probation and order that they get their remaining children to a doctor when they got sick.

Then, on April 18, 8-month-old Brandon died in their Rhawnhurst home, of bacterial pneumonia, without medical attention as his devout parents prayed over him.

The legal repercussions were predictable. The Schaibles were cited for violating probation. Their children were put in foster care. They were charged not with manslaughter but third-degree murder, which in Pennsylvania carries a 20- to 40-year prison term.

And Philadelphia Common Pleas Court Judge Benjamin Lerner ordered them held without bail, citing the risk that they might flee or be harbored by fellow believers.

In their favor, some experts say, is the almost universal description of them as loving, caring parents.

Temple University law professor David Kairys, a veteran criminal and civil rights lawyer, said he thought third-degree murder might still be a stretch for prosecutors.

"I don't see how you can prove intent to kill," Kairys said, referring to one of the components of the third-degree charge. Still, Kairys acknowledged, a jury could find them guilty of the charge under a theory of a "reckless disregard" of the consequences of their acts.

In the Schaibles' first trial, their lawyers argued that religion was not the issue; the parents simply did not know how sick their child was.

This time around, Kairys said, religion may have to be an issue if only to show the couple's mind-set.

"When the jurors get this case, you want a strong feeling among enough jurors that this just isn't a crime," Kairys added. "It's horrible, but they didn't intentionally kill."

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© 2013, The Philadelphia Inquirer. Distributed by MCT Information Services