The Oregonian - June 7, 2011
Timothy, Rebecca Wyland guilty of criminal mistreatment in faith-healing trial
OREGON CITY – A Clackamas County jury spent one hour deliberating Tuesday before unanimously finding an Oregon City couple guilty of felony criminal mistreatment for treating their infant daughter with faith-healing rather than taking her to a doctor.
Timothy and Rebecca Wyland face up to five years in prison but are likely to receive probation and possibly some time in jail. They will be sentenced June 24.
As the verdict was read, Timothy Wyland slipped his arm around his wife's waist, and the couple stoically faced the judge. The Wylands made no comment after the proceedings. They walked out of the courtroom surrounded by supporters from their church, some of them sobbing.
The couple's daughter, Alayna, was born in December 2009 with a birthmark above her left eye that developed into abnormal growth of blood vessels, known as a hemangioma, that slowly engulfed her left eye and produced a goopy discharge. Despite the growth and accompanying loss of vision, the Wylands did not consult a doctor.
Jurors had the option of convicting the Wylands on the lesser charge of second-degree criminal mistreatment, a misdemeanor punishable by up to a year in jail.
The case is the latest involving members of Oregon City's Followers of Christ Church, which considers medical treatment a rejection religious faith. The Wylands are the third church couple to be prosecuted over the past two years for failing to provide medical treatment to their children.
In two previous cases, the children died. In the Wyland case, 18-month-old Alayna has improved under court-ordered medical care.
The swift and unanimous verdict stunned the Wylands, their attorneys and about 20 church members in attendance. Defense attorneys Mark Cogan and John Neidig quickly left the courthouse and declined comment.
In her closing argument Tuesday, lead prosecutor Christine Landers spent 29 minutes dismantling defense attorneys' efforts to portray the Wylands as victims of overly aggressive child-welfare workers who snatched their daughter and persecuted the couple for their religious beliefs.
Landers called the defense a smokescreen intended to obscure the facts and distract jurors.The couple had six and a half months to seek medical attention for Alayna and they did not, she noted. "They never would have. The reason why ... is because of their faith."
The facts presented at trial were highly unfavorable to the Wylands.
From January to June 2010 the Wylands watched as the growth on their daughter's face ballooned. Instead of taking her to a doctor, the Wylands relied on faith-healing rituals -- prayer, anointing with oil and laying on of hands.
Under Oregon law, a parent or guardian has committed first-degree criminal mistreatment if that person "intentionally or knowingly withholds ... medical attention."
Doctors who examined and treated Alayna after she was taken into state custody said she was on the verge of blindness in her left eye, and could possibly have lost the eye without treatment ordered by the court.
The Wylands testified during a July juvenile court custody hearing that they wouldn't have willingly taken Alayna to a doctor because it would violate their religious beliefs. The Wylands said they put their trust -- and Alayna's fate -- in God's hands.
The jury heard a recording of the hearing.
Instead of directly challenging prosecutors' contention that the Wylands intentionally withheld medical attention in the early months of their daughter's life, defense attorneys Cogan and Neidig focused on the Wylands' actions after the state intervened. They portrayed the Wylands as loving parents who fully cooperated with DHS and court orders once Alayna was in state custody, diligently attending doctor appointments and making sure Alayna received her medication.
Landers called the defense attorneys' attempt to focus on what happened after Alayna was in state custody misleading. "They want to minimize the conduct of their clients," Landers told the jury. "They don't live in some mountain village in Nepal where they've never hear of doctors."
Clackamas County District Attorney John Foote, who has had several faith-healing trials under his watch, released a short statement: "We agree with the jury's verdict and appreciate their service. There is another case pending trial so we will have no further comment."
Foote was referring to another couple from the church whose son was born prematurely and died nine hours later. They are scheduled to go trial in September on charges of second-degree manslaughter.
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