A Clackamas County, Ore., couple accused of letting their infant daughter die by relying on prayer, rather than medicine, today asked that the charges be dropped, arguing that they infringe on their freedom of religion and their right to raise their children in their own way.

Carl Worthington, 28, and his wife, Raylene, 25, belong to a church that believes in faith healing, and police said that, instead of going to a doctor when their 15-month-old daughter Ava got sick, they turned to prayer.

The infant girl died March 2 from bacterial bronchial pneumonia and an infection, both of which could have been cured with common antibiotics, the medical examiner said.

The Worthingtons face charges of second degree manslaughter and criminal mistreatment charges. They surrendered to police in March, but were subsequently released after each posted $25,000 bail.

The motion filed in Clackamas County Circuit Court by the Worthingtons’ lawyer today claims that their prosecution is a violation of the rights guaranteed them under both the state and federal constitutions.

“Mr. and Mrs. Worthington maintain that their prosecution contravenes their right ‘to worship Almighty God according to the dictates of their own consciences,’ as guaranteed by the Constitution of the State of Oregon and the Constitution of the United States,” the motion said. “Further, Mr. and Mrs. Worthington urge that this prosecution contravenes their fundamental right to raise their children without interference by the State.” A hearing on the motion is scheduled for Jan. 7, 2009.

The Worthingtons are members of the Followers of Christ Church in Oregon City, that has a history of shunning medical care in favor of faith healing.

Another Oregon City couple who belong to the same church face similar charges, after their son — who was Ava Worthington’s uncle — died in June.

Jeffrey Dean Beagley, 50, and Marci Rae Beagley, 46, pleaded not guilty Oct. 3 to criminally negligent homicide charges in the death of their son, 16-year-old Neil Jeffrey Beagley.

Teenager From Faith-Healing Family Dies

GLADSTONE, Ore. (June 18) – Authorities say a teenager from a faith-healing family died from an illness that could have been easily treated, just a few months after a toddler cousin of his died in a case that has led to criminal charges.

Tuesday’s death of 16-year-old Neil Beagley, however, may not be a crime because Oregon law allows minors 14 and older to decide for themselves whether to accept medical treatment.

“All of the interviews from last night are that he did in fact refuse treatment,” police Sgt. Lynne Benton said Wednesday. “Unless we can disprove that, charges probably won’t be filed in this case.”

An autopsy Wednesday showed Beagley died of heart failure caused by a urinary tract blockage.

He likely had a congenital condition that constricted his urinary tract where the bladder empties into the urethra, and the condition of his organs indicates he had multiple blockages during his life, said Dr. Clifford Nelson, deputy state medical examiner for Clackamas County.

“You just build up so much urea in your bloodstream that it begins to poison your organs, and the heart is particularly susceptible,” Nelson said.

Nelson said a catheter would have saved the boy’s life. If the condition had been dealt with earlier, a urologist could easily have removed the blockage and avoided the kidney damage that came with the repeated illnesses, Nelson said.

Benton said a board member of the Followers of Christ church contacted the authorities after Beagley died at his family’s home. The teen had been sick about a week, and church members and his family had gathered to pray Sunday when his condition worsened, Benton said.

In March, the boy’s 15-month-old cousin Ava Worthington died at home from bronchial pneumonia and a blood infection.

Her parents, Carl and Raylene Worthington, also belong to the church. They have pleaded not guilty to manslaughter and criminal mistreatment, and their defense attorneys have indicated they will use a religious freedom defense.

After earlier deaths involving children of Followers of Christ believers, a 1999 Oregon law struck down religious shields for parents who treat their children solely with prayer. No one had been prosecuted under it until the Worthingtons’ case.

Members and former members of the church in Oregon City have told The Oregonian newspaper in previous interviews that the congregation has 1,200 people. It has no apparent ties to other congregations or any mainstream denomination.

15-month-old girl died from untreated infection, authorities say

OREGON CITY, Ore. – A couple whose church preaches against medical care are facing criminal charges after their young daughter died of an infection that authorities said went untreated.

Carl and Raylene Worthington were indicted Friday on charges of manslaughter and criminal mistreatment in the death of their 15-month-old daughter Ava. They belong to the Followers of Christ Church, whose members have a history of treating gravely ill children only with prayer.

Ava died March 2 of bronchial pneumonia and a blood infection. The state medical examiner’s office has said she could have been treated with antibiotics.

Dr. Christopher Young, a deputy state medical examiner, said the child’s breathing was further hampered by a benign cyst on her neck that had never been medically addressed, The Oregonian reported.

Laws passed in the 1990s struck down legal shields for faith-healing parents after the deaths of several children whose parents were members of the fundamentalist church.