A judge upheld murder charges Wednesday against a fundamentalist Christian couple in their infant's faith-healing death, saying things might be different if their toddler hadn't died four years ago "under strikingly similar circumstances."
Their probation in that case required Herbert and Catherine Schaible to seek immediate medical help if another child was sick or injured. But they instead prayed over 8-month-old son Brandon before he died of pneumonia in April, according to their police statements.
Defense lawyer Bobby Hoof argued that Brandon died just three days after he came down with cold and flu symptoms and said there was no evidence of malice, as required for third-degree murder. The judge disagreed.
"They learned in the worst possible way … exactly what these symptoms could lead to in a child, especially a young child, if not medically cared for," Common Pleas Judge Benjamin Lerner said, referring to the 2009 death of 2-year-old Kent Schaible. "We've been here before … under strikingly similar circumstances."
Written By: MaryClaire Dalecontinue to source article at abcnews.go.com