Story Published:
Jan 19, 2010 at 1:49 PM PDT
Story Updated:
Jan 20, 2010 at 1:47 AM PDT
Attorney Steve Lindsey presents opening statements for his client, Marci Beagley, Tuesday, Jan. 19, 2010, in Oregon City, Ore. Marci and Jeff Beagley are charged in the 2008 death of their 16-year-old son, Neil. (AP Photo/Randy Rasmussen, Pool)
OREGON CITY, Ore. (AP) – The prosecutor in the trial of an Oregon City couple charged with criminally negligent homicide in the faith-healing death of their 16-year-old son said the teen should never have died.
Prosecutor Greg Horner told a Clackamas County jury in opening statements Tuesday that Jeff and Marci Beagley failed to meet the community standard for medical care for their child.
"They did absolutely nothing," Horner said. "Their failure is an outrageous deviation from the standard of care our community expects and demands."
However, defense attorneys for the Beagleys told the jury the couple were not aware of the serious disease affecting their son, Neil, because his symptoms resembled a cold or the flu.
Their attorney, meanwhile, also argues that the 16 year old was strong-willed and old enough to make his own decisions. It was the decision of the teen to not go to a doctor. A lead investigator in the case testified that when the Beagleys asked their son if they should take him to the doctor, they said he became angry and said his trust was in God.
About this case
Neil died June 2008 of complications from a congenital urinary tract blockage he had since birth. Doctors said that blockage could have been corrected and treated.
The couple belong to the Followers of Christ Church, which avoids medical care in favor of prayer, anointing with oil and laying on of hands. However, the couple's council also told the jury that the couple were not opposed to going to a doctor – if they knew their son had a serious illness.
Horner said the Beagleys should have been more alert to the potential for a serious illness with Neil because their 15-month-old granddaughter, Ava Worthington, died in March 2008 from pneumonia and a blood infection that could have been easily treated.
Shocking revelations
In a shocking revelation Tuesday, testimony revealed that the couple had around 100 people at their home at the time of Neil's death. They were participating in a religious ceremony where hands are laid on a person needing "healed." The adults also gave the teen wine.
The circumstances mimic those found when Ava Worthington died in March 2008. In that case, Ava was given watered-down wine and witnesses testified that there were about the same amount of people at the home when she died.
Ava's father, Carl Brent Worthington, was convicted of criminal mistreatment in Ava's death in July 2009. He served an early-release sentence, and has appealed his conviction.
(Note: Carl Worthington is the Beagleys' son-in-law. Carl's wife, Raylene Worthington, is the Beagley's daughter. Neil was Raylene Worthington's brother.)
Horner told the jury doctors will testify that Neil Beagley, like Ava Worthington, would have recovered with medical treatment and lived a normal life even though his condition had progressed to the point of kidney failure.
"They failed to be aware of the substantial risk that he would die," Horner said. "They should have been aware. It was outrageous. It was criminal."
State social worker found no problems
But defense attorneys Wayne Mackeson and Steve Lindsey said the Beagleys believed their son had nothing more than a cold or the flu, and asked him whether he wanted to go to a doctor.
They told the jury that an Oregon Department of Human Services worker visited the family to check on Neil and his younger sister, Kathryn, in April 2008 and found no problems.
Mackeson and Lindsey also said the Beagleys relied on the DHS worker, Jeff Lewis, when he told them Oregon law allows a 16-year-old to make decisions about medical care.
Lindsey said Lewis had access to advice from the Clackamas County district attorney's office, the sheriff's office, doctors and his managers at the state agency but took no action.
Mackeson said that Neil Beagley had been a healthy child and teenager, and there were no signs of his underlying disease and its progressive symptoms leading to kidney failure.
Conflicting arguments
Mackeson also said the family was disturbed when Dr. Cliff Nelson, the deputy state medical examiner, made a public statement saying Neil must have been in excruciating pain before he died when, said Mackeson, the disease typically is painless and the teenager had not complained of pain.
Horner, however, told the jury that Neil was home schooled and did not have contact with adults besides his parents who otherwise might have intervened.
Horner also said the Beagleys are simply trying to shift responsibility to their son, claiming he repeatedly refused medical care so they followed his wishes "rather than step in and make the hard call."
The trial is expected to last at least two weeks.