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Show Thursday, April 23, 1998, THE DAILY HERALD, Provo, Luh law thai is truly a violation of equal protection," she is preparing a case to present to federal prosecutors. She hopes to submit it this week. By LAUREN DODGE Associated Pres Writer OREGON CITY, Ore. Parents in Oregon who use prayer rather than medicine to treat their children are protected ' from e charges under a recent law sponsored by the state prosecutors' association. "It is absolutely unimaginable to me said Clackamas County District Attorney Terry , murder-by-abus- children ages 6 years, 11 answered the phone at the died church Monday night told The years and 5 12 months in the past nine months of ill- Associated Press he would have nesses "that were easily med- "no comment at this time." The ically treatable." phone rang continuously Lewman said as many as 25 Tuesday. deaths of children whose parents Out in the open Lewman is calling for change The recent deaths came to belong to the church could have after the latest deaths. been averted with medical care. "This is child abuse and it light Monday, after a KATU-Tneeds to be stopped," Lewman special report on the Followers of No comment Christ Church in Oregon City, said. "If you starve your kid to whose members believe God Church officials would not death, you would be in jail. If should be trusted to heal the sick. comment to KATU except to say you starve your kid of medical State medical examiner Dr. that reporters wouldn't under- care, we're supposed to believe Larry Lewman said that the stand their beliefs. A man who that's OK? I don't think so." V Gust&fson. "Oregon has taken its compelling interest to protect children from death and homicide and traded it for the right to freely practice a religious ideal." She says her hands are now tied in the case of three children who have died here in the past nine months because their parents denied medical treatment for religious reasons. Admissible defense fed- practice faith-healin- from laws g and child against homicide neglect 172 deaths reported A report in the April issue of the journal Pediatrics pinpoints 172 child deaths nationwide over 20 years in which the cause was known and medical care was withheld because it conflicted with the parents' religious beliefs The study was designed as ammunition for lawmakers opposed to efforts by religious groups to exempt parents who Oregon's laws are among '.he most lenient for such cases, paid Rita Swan, the study's coauthor. "These laws are quite shocking and not at all typical nationwide," said Swan, who founded the nonprofit Children's Health Care is a Legal Duty in Sioux City, Iowa. "What's really amazing is that the Oregon prosecutors allowed this to happen." SBDE REFRBOERIT jjl V But sponsors of the legislation Pressure is mounting for eral reforms as well. PieA21 ' R J that amended the murder laws in 1995 and 1997 say there is still room to file lesser charges of homicide or negligent manslaughter, despite the clause allowing spiritual treatment as an admissible murder defense. "If these cases arose in Multnomah County, I wouldn't have any problem pursuing criminal charges said John Bradley, first assistant to the district attorney. The law was created to expand prosecutors' ability to file murder charges against parents who cause the death of their children, said Polk County District Attorney Fred Avera, immediate past president of the Oregon District Attorneys Association. When it came before the legislature in 19S5, the only opposition came from Christian Scientists, who feared it would be used against them, Avera said. Rather than see the bill stalled in committee, the association agreed toold in the spiritual treatment defense. "m 1 1 1 1 Hi i if . if if 1 1 Matter of choice "It was a policy choice that the Oregon legislature had to make," he said. "We were trying to afford additional protection to children. We could walk out with nothing or come up with this solution that handled 98 percent of the problem." They are adamant that such cases can still be prosecuted under the law, despite the spiritual treatment defense. "If it were a perfect world, would that have been there? I don't know," Bradley said. "But with the overall law that passed in Oregon, we are now the toughest on people who kill children of any state in union " Gustafson disagrees. Calling the clause "an anomaly in the Cbseet Ssda! a. ft. 22 la & tatar Dagnr Gias dispereur whiit on white styling Exted frdl Siafi-by-S- Ai tesiva atsoa wsa Whuw CfMi design Sp Cteui gltss jhxl9S crisp5 beepant Wow ' Cowboy buried with full hmots r - Ur WsiEser mule-draw- Jfcshjf L-- Dryr Oertric ttVyer Willi! 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