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Author Topic: Minister convicted of child abuse in death of autistic child (God not an accomplice)
sndrake
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This is a followup to a story that was discussed in this thread when the news originally broke.

Last August, Terrance Cottrell died while being held down and prayed over by a minister and others. Cottrell had autism and the minister was trying to drive it out of him in a sort of exorcism ritual.

Ray Hemphill, the minister in question, is on trial right now for his role in the death of young Terrance Cottrell:

Exorcist's brother claims God took autistic boy's life

quote:
MILWAUKEE, Wisconsin (Court TV) -- The brother of a minister on trial for suffocating an autistic child during an exorcism told jurors Thursday that it was God who "took" the child, not the defendant's intense ritual.

"I'm the pastor and God has ordained my brother to be an evangelist, he has the gift to cast out devils," David Hemphill testified.

Ray Hemphill, 47, who prayed and sang over 8-year-old Terrance Cottrell's chest as parishioners held him down on August 22, 2003, stands trial for felony physical child abuse. If convicted, he faces up to five years in prison.

On Thursday, the defense called David Hemphill, known as Bishop Hemphill to his flock. He is the pastor of the independent Faith Temple of the Apostolic Faith Church, which he founded in 1977. He also ordained his brother into the church.

A medical examiner ruled Terrance's death a homicide by asphyxiation, due to intense pressure on his chest.

Terrance, who was diagnosed with autism at age 2, hated to be touched and was often unable to express his needs, according to previous testimony. Terrance died after receiving the 12th in a series of prayer services from Ray Hemphill.

The boy's mother, Patricia Cooper, and two other female parishioners told investigators that they made the child lay on his back on the floor of the strip-mall based church. They then helped to restrain him while the defendant laid perpendicular across Terrance's chest for almost two hours, praying and whispering aspersions at the devil into the boy's ear.

David Hemphill, 63, was not in attendance that evening, but he told jurors he gave his brother permission to perform the exorcisms as an attempt to save the boy from what they believed was demonic possession.

Just a note - before any people go on an anti-religious rant, I want to point out that many people with developmental disabilities die each year in restraints - presided over by professionals rather than clergy. Not to defend these people - just a reminder that the "scientific" community can be overzealous in terms of "exorcism" and "control" as well.

[ July 10, 2004, 05:08 PM: Message edited by: sndrake ]

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Erik Slaine
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[Mad]

This kind of thing really sickens me.

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Dan_raven
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God ordained the child should die. It is a shame.
God ordained this idiot should go to jail. That is not a shame.

[ July 09, 2004, 03:50 PM: Message edited by: Dan_raven ]

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sndrake
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Dan,

it's not clear at all that this guy will go to jail. In fact, most people involved in retraint deaths don't end up going to jail - remembering that these deaths mostly happen in professionally-supervised settings instead of a small church group.

It's common enough to have caused several national advocacy groups to form the Alliance to Prevent Restraint, Aversive Interventions, and Seclusion.

Here's a little bit from an April press release:
quote:
APRIL 16, 2004 – PRESS RELEASE

Members of the nation’s leading education, research and advocacy organizations announce the creation of a powerful new initiative to protect children from abuse in their schools, treatment programs, and residential facilities. Members of The Alliance to Prevent Restraint, Aversive Interventions, and Seclusion are responding passionately to the increasing toll of deaths, injuries, and trauma resulting from the use of inhumane practices in programs serving children and youth with disabilities.

“We have been patient for too long,” said Kathleen Gee, President of TASH, an international membership organization advocating for inclusion through best practice based on research. “Every day in this country, vulnerable children with disabilities are being brought down to the ground and straddled by program staff, slapped and pinched, deprived of food, secluded in locked closets and more. Amazingly, these abuses are often considered part of children’s education and treatment plans, and are carried out by the very adults entrusted with their care, protection and development. If parents used restraints and aversive procedures in their homes as some schools and service providers routinely do, they would face criminal charges and lose custody of their children.”

Members are particularly concerned about the persistence of aversive interventions, restraints and seclusion in children’s programs and are dismayed by the convoluted and often contradictory tangle of state and federal regulations that address these dangerous activities. “There is no equal protection for our children with disabilities, and parents become very confused about what their rights are,” says Janice Roach, parent of a young man who died after 16 months of restraint and denial of appropriate education and treatment. “It makes a big difference which state you live in and which funding stream serves your child. In my child’s case he started school in a state in which restraint was prohibited, was then sent to a neighboring state in which restraint was allowed, and subsequently died. Parents assume that the same rules requiring humane treatment apply everywhere, but they don’t.”

OK - that's actually MOST of the press release. [Smile]

Members of this coalition include: TASH, National Association of Protection and Advocacy Systems, National Down Syndrome Congress, National Down Syndrome Society and the Arc of the United States.

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Farmgirl
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You know, he was on the kid for over TWO HOURS -- was he beginning to think maybe his "powers" weren't working?

I mean -- I don't remember Christ or the disciples ever taking two hours to chase out demons (if they are using biblical examples as their guide).

I think he should have realized that whatever he was doing was NOT working, that he apparently did NOT have this power, and that he should have stopped.

FG

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Scott R
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There is no biblical record of anyone dying while undergoing an exorcism, IIRC.
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romanylass
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The whole issue is sickening, whether it was done by a pastor or a professional. I think it should at least be classified as manslaughter.
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sndrake
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romanylass,

those are my sentiments exactly. Based on how cases of restraint deaths in professional settings have been dealt with, the main difference here is the willingness of the courts to at least attempt to deal with the accused perp in a harsh manner.

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Synesthesia
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Restraining children like that has GOT to stop.
There is just no REASON for it...

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Primal Curve
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I feel that I should speak up since this is right in my home town.

As a Christian, I believe that there is a world of darkness and spirituality that affects us day-to-day. However, I am a well-educated and reasoned enough individual to know that 99% of supposed "posessions" are faked or are misunderstood, real mental problems. If people can be born with physical handicaps, it stands to reason that they can also be born with mental ones as well (since, it seems, a lot of mental problems are also due to physical problems in the development of the brain.) It's just a lack of education that causes this kind of attack. Since the disorder cannot be seen a person with little understanding will start thinking it's voodoo hoojoo.

I could use this as a launching pad to start complaining about the type of people raised to the position of "pastor" or "reverend" or "bishop" in black christian churches, but that's another thread entirely.

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Dan_raven
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My comments were not about people who sufficate others while overly zealous with restraints.

My comment was about anyone who uses "God decided, and worked through me" excuse. If your excuse is "God made me do it." then the appropriate answer is "God makes you go to jail too."

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Anna
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Good answer Dan.
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Kwea
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I agree, Dan. I think that that is what will happen here, too. He wasn't a professional care giver, and had no training on how to restrain properly.

I use to work with kids who had Down Syndrom when I was a teen (as well as other kids with various mental disorders), and it was one of the best things I ever did. But I remember when one kid went ballistic, and had to be restrained because he was injuring himself and endangering others...it was horrible. I was so upset, not at the people who restrained him (they had no choice at that point) but because it happened in the first place.

There is a big difference between a professional doing restraints (not that they are alway right either....far from it) and a self-proclaimed religious man who is attempting to " cast out demons" and kills the child.

They should never see the light of day again, for killing one who needed their care more than most.

Kwea

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sndrake
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quote:
There is a big difference between a professional doing restraints (not that they are alway right either....far from it) and a self-proclaimed religious man who is attempting to " cast out demons" and kills the child.

First of all, the professionals aren't usually the ones doing it - they were just the ones that signed off on the plan that allows for it. And I think (and hope) there is usually a difference. But there are cases of "professional intervention" that aren't that far removed from this.

Every study I know of on use of restraints says they're overused, with poorly trained staff, often with little or no rhyme or reason. Which is not to say there aren't certain instances when some form of protection needs to be in place. But one restraint is allowed, abuse of it follows all too often.

Edit to add: I worked for over 12 years in all kinds of settings for people with developmental disabilities - schools, group homes and day treatment centers.

[ July 09, 2004, 11:46 PM: Message edited by: sndrake ]

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Dagonee
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I volunteered for one day at a summer camp for disabled children when I was twelve. I was put in the pool with a boy larger than me who's body had that rigid pose (I'm not sure what condition it's associated with). Even with the life jacket I couldn't keep his face out of the water. I screamed for help and never went back. Too much responsibility I wasn't ready for. My sister did it for 2 summers.

In that one day, I saw restraints used because one child was flapping his hand around during crafts. Had they pulled his wheelchair back 6 inches, he would have been near nothing that could be affected by his motion.

I saw a child on the bus put in hand restraints; i found out later it was because he like to touch people's hair. He didn't pull it (I don't think), and he could have easily been positioned out of reach of others' hair.

I thought it was cruel, and it would probably have been enough to make me give it up. I thought I was too softhearted, that such restraints were necessary.

Dagonee

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Synesthesia
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http://www.autistics.org/library/conversation.html#2
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sndrake
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Yeah, Dag, I used to see a lot of stuff like that. I was lucky in that when I was a teachers aide someone new came in when I had about had it. She really reconceptualized what support and teaching for students with the most severe disabilities could be.

Interestingly enough, I worked with a young man who really did need restraints due to a rare condition that results in compulsory self-mutilation. The condition, Lesch-Nyhan syndrome, is often used as an example of "the worst that can happen." It's so obvious that most people don't think it's a question worth asking the people themselves. And for decades, people didn't even think they could understand the question, thanks to the physician who identified the syndrome. With very little evidence, other than the severe motor problems and lack of bladder and bowel control, he labeled them all as having "severe mental retardation."

Anyway, we used to try to do as much one-on-one with this guy as we could. Then we could take the restraints off. And he was good about telling us when the compulsion got too hard to fight.

But that's a really rare condition and not the same thing at all as the far more common things you're describing.

If you or anyone is interested, here's a link to a review I wrote regarding an important piece of research on people with this condition.

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sndrake
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It took the jury only four hours to find Ray Hemphill guilty of felony child abuse.

Sorry about the link here - registration required.

Minister convicted of felony child abuse - May serve 5 years in prison.

quote:
Minister convicted of felony child abuse
Exorcism that killed boy may bring 5 years in prison
By DERRICK NUNNALLY
dnunnally@journalsentinel.com
Posted: July 9, 2004
An exorcism that killed the autistic 8-year-old boy whom it was supposed to cure brought a felony conviction Friday for Ray A. Hemphill, a school maintenance worker who spent nights and weekends preaching at his brother's strip-mall church.

Circuit Judge Jean DiMotto ruled that Ray Hemphill must post $10,000 bail to get out of jail between now and his Aug. 17 sentencing. His attorney, Thomas Harris, said Hemphill lacks the resources to do so.

Hemphill faces a maximum possible sentence of five years in prison and five more on extended supervision. Assistant District Attorney Mark Williams said he does intend to request prison time.
The district attorney's office has not said whether the three women who were also involved in the exorcism - including the victim's mother, Patricia Cooper - will also be charged now that Hemphill has been convicted.

Wearing the same sharp gray suit he had worn earlier in the proceeding, Hemphill was handcuffed and led away to jail after a weeklong felony child abuse trial that drew international publicity, including a live broadcast on Court TV. He had been free without bail, but after the verdict Circuit Judge Jean DiMotto set bail at $10,000.

When sentenced Aug. 17, Hemphill faces a maximum penalty of five years in prison and another five years of state supervision. Prosecutor Mark S. Williams said he does plan to request prison time.

The jury had deliberated four hours before convicting the minister of causing great bodily harm in the physical, two-hour prayer ritual performed on Terrance Cottrell Jr. on Aug. 22. Hemphill and others had hoped to heal the boy's mental state in the storefront Faith Temple Church of the Apostolic Faith.

During the ceremony, Cottrell's mother and two other women restrained the boy's limbs while Hemphill laid across his chest and urged the demons - in the name of Jesus Christ - to leave, according to statements given to police in the days after the event.

None of the participants, including Hemphill, testified during the trial. Instead, Williams built a case from what they had told police last summer, and from Milwaukee County Medical Examiner Jeffrey Jentzen's autopsy finding that Terrance died of suffocation caused by compression during what the prosecutor described as a "makeshift exorcism" that was "bizarre."

"Any normal - and any abnormal - adult is going to say, 'Yeah, you can hurt that child very seriously,' " Williams told the jury.

"If he cared about that child, he would've prayed for him. There are other ways of getting a demon out of a child, I suppose."

Just a note here - a lot of the coverage really hammers the fact that Hemphill was a "janitor" or "custodian" in a way that seems pretty dismissive of people in that class of jobs. As I've mentioned before, I've worked in a lot of settings. In many of them, there were custodial staff who were more insightful and thoughtful with some of the people with severe disabilities than some of the professional staff (one really horrible unethical scum of a school psychologist leaps to mind).

Common sense and compassion are not related to educational level or income level.

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Dagonee
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If the felony child abuse resulted in death, I'm at a loss as to why at least negligent homicide wasn't charged and convicted as well. Child abuse would seem to prove recklessness, which is a greater standard of culpability than negligence, and so would suffice for that.

That's general, I don't know Wisconsin criminal law at all.

Still, I'm glad he's going to prison.

Dagonee

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dkw
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The person who wrote the article was probably trying to push the idea that Hemphill was not a “real” minister, rather than implying any contempt for custodians.

It is an odd quirk of our diversity of denominations that there can be no standardized credentials for this profession the way there are for doctors, teachers, etc. In the UMC (to pick a somewhat representative and not-at-all random example [Wink] ) becoming fully credentialed as clergy is a 7-10 year (sometimes longer) process that involves a minimum of a Master’s degree, psychological testing, examination and recommendations by various boards, and a three year probationary period with written and oral exams at the beginning and end of it.

The process for some groups (the Jesuits come to mind) is even longer. And then you have this guy who was ordained by his brother who founded his own church. And people who are “ordained” by printing out a certificate from an internet website. And for all legal and most practical purposes, the credentials are identical.

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Occasional
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And then you have the Church of Jesus Christ of Latter-day Saints who believe than anyone can be ordained a minister with no credentials -- as long as the person who did the ordaining was accepted by the Church as having been called of God. In fact, chances are the minister (as we are calling the leadership positions on this thread) is anything from a janitor to a lawyer or professor of name-that-subject. I am pretty sure there are other similar religions.

So, its not as easy to imply that a person must have years of education to be named minister. To do so legally is to exclude religions that don't believe in training as necessary criterion for religious service.

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sndrake
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Dana,

you may be right - I'll have to check the coverage of the story which is archived at the Journal-Sentinel when I'm more awake. I've been going real short on sleep, so it's really possible I'm seeing stuff that isn't there. I know that "janitor" popped up in several of the various headlines on my search engine.

CT,

good questions - I'll try to get to them tomorrow as I plan on getting a decent night's sleep tonight. I have to put together a press release tomorrow which was a task entirely beyond my ability today. (getting 4-6 hours of sleep a night does not enhance my functioning)

OK? [Smile]

As it is, I'm really relieved and surprised to see that the posts I made today seem to consist of complete sentences and make some sort of point. I hope they read the same way after I get some sleep. [Wink]

[ July 10, 2004, 09:05 PM: Message edited by: sndrake ]

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Mabus
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quote:
I am pretty sure there are other similar religions.
Indeed--no formal ordination over here. In practice, most preachers these days have been educated at one of our schools of religion, but there are still plenty who learned "on-the-job" at smaller churches.
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Occasional
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I guess my point is that requiring training to be accepted as a legal minister (something implied by the post before me) is not the answer, and probably against the U.S. Constitution. Funny thing is, other denominations don't even accept each other as ordained ministers no matter how much training prior to the position. Some do, but I am pretty sure a Protestant cannot function in a Catholic leadership role; and vise-versa. It just worries me that using such criteria would be one more exclusionary tactic if done from a legal standpoint.

As for the solution? Well, maybe there is none other than education and, where needed, prosecution. I guess this whole discussion bothers me because the vocal reactions (regardless of the justified legal actions)seem to indicate the need to legally define what can and cannot be believed.

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Mabus
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I didn't get the impression you did, Occasional. In fact, I thought the previous post was saying basically the same thing, but making the point that it aggravated the problem and thus called for some kind of solution. Just not some kind of universal ordination.
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dkw
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Occaisional, I must not have been at all clear, since what you inferred from my post is the opposite of what I believe. I was trying to say that there isn’t, can’t, and shouldn’t be any sort of universal criteria. My example was not a recommendation, merely an illustration of the diversity that exists. And, of course, unfounded speculation on the motives of the writer of the article Stephen quoted.
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Occasional
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Ok, I see it now. It just seemed that you were agreeing with the idea you believed the writer was working from, mostly by explaining the situation without expressing personal views.
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TMedina
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I keep meaning to look into the requirements of a "religion" and start my own, just for giggles.

But then I remind myself that I am trying to be normal and blend in with other normals, so I put the thought on the back burner.

-Trevor

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Derrell
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kind of off topic, but interesting. This guy could've been ordained by the Universal life church. I don't know if it makes any difference whether this guy was really an ordained minister, but the Universal Life church will ordain anybody, even if they're not a member of the church. You can actually get ordained by filling out a form at the ULC's web site.

Like I said, I don't know what difference, it makes if any, whether he was an ordained minister or not, but he could've been ordained by the ULC and set up his own congregation.

I hope he rots in jail.

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Willy Shmily Tiger
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Someone on my dorm floor in college did that (filled out the form online) despite the fact that he's Athiest. [Dont Know]

Hobbes [Smile]

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Derrell
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Hobbes, that's the beauty of the ULC. You can become an ordained minister regardless of race, religion, sex, or anything.

The following quote is taken from the front page of the ULC's website.

quote:
We ask only that you promote the freedom of religion and do that which is right. It is up to the individual to determine what is right as long as it does not infringe on the rights of others and is within the law. That is as close to the Golden Rule as one can come.


This is what they believe, period.

You can be a Christian, Jew, Muslim, Wiccan, Druid, or atheist and the Universal Life Church will ordain you a minister.

It's possible that's what this guy did. All you have to do is go to their website, fill out the form, and click the submit button.

Ray Hemphill could've started his Faith Temple of the Apostollic Faith Church after being ordained by the ULC.

I'm really not trying to derail this thread. I just wonder where this bozo got his religious training and who ordained him a minister.

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sndrake
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Hemphill's denomination had nothing to do with Universal Life - check the links out.

No matter how people use it now - Universal Life was originally set up by a libertarian who didn't like paying taxes and figured people should be able to determine for themselves whether they had a calling or not. On the nonspiritual side, they gave seminars in how to set up your finances to avoid paying taxes by using your personal church.

It's kind of a weird aside to the central event in this thread - the death of a kid - but probably an invevitable one.

[ July 11, 2004, 08:10 PM: Message edited by: sndrake ]

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Bob_Scopatz
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Given that there are no possible legal criteria by which to judge whether someone really IS or IS NOT ordained legitimately, I have to agree that whether he is an ordained minister or not is irrelevant. What is relevant is that he was invoking God and Jesus as the justification for his particular crime. I see a lot of that, but not as much as their used to be...oh, say in the middle ages.

Still, it is just this sort of thing that causes people who aren't Christian to wonder just what someone means when they start talking about Jesus and what God wants...

Sadly, these people are convinced that they were doing God's work, and no interference from law enforcement or the courts will ever convince them otherwise.

I believe that legally our hands are tied in terms of ever eradicating the disease that these people represent. We can't possible maintain freedom of religion while at the same time purge the nonsensical and dangerous aberrations of Christianity (or any other religion) from our society.

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Derrell
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sndrake, I really wasn't trying to derail your thread or disparage the ULC. I'm just wondering where this guy got his ideas about religion and right and wrong.

Regardless of what church he was ordained by, what he did is wrong and I truly hope he rots in jail. Nobody deserves what happened to that boy.

If you took offense at my post, I apologize.

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sndrake
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Bob - this problem of "credentialing" and legitimacy isn't limited to clergy. A couple years ago a manslaughter trial in the death of a young girl got national attention. (I'll try to dig out links later) She was suffocated as part of "attachment therapy" that involved being wrapped tightly in a blanket so she could be "reborn" to her adoptive mother. (I swear I'm not making this stuff up)

The good news is this - the therapist received a sentence of 16 years for what she did. The mother and other accomplices were due to be tried as well, but I don't know what happened to them.

(Part of my job is to know where the bodies are buried and how they got there. Not the most enjoyable part by a long shot. [Frown] )

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sndrake
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Derrell,

I didn't make my feelings on ULC clear. There are a lot of people who have used it for various things:

a. amusement
b. sincere desire to establish their own church
c. avoid paying taxes

the last item is what ULC was set up to do originally. They walked a fine line in how honestly to talk about it, but it was pretty clear that the game was to exploit the IRS treatment of churches and pastors for ones own personal benefit.

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Dagonee
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quote:
Bob - this problem of "credentialing" and legitimacy isn't limited to clergy. A couple years ago a manslaughter trial in the death of a young girl got national attention. (I'll try to dig out links later) She was suffocated as part of "attachment therapy" that involved being wrapped tightly in a blanket so she could be "reborn" to her adoptive mother. (I swear I'm not making this stuff up)
I saw the Law and Order on this one. They've actually done a lot of cases like this: at least one exorcism gone bad, the attachment therapy, and electroshock therapy (Edit: electrical shocks as "aversives" in behavior modification). They usually avoid dealing with the real legal issues, but they do raise awareness of the issues.

Although I had to tell someone the electroshock one was real, once. They thought it was totally made up.

Dagonee

[ July 11, 2004, 08:56 PM: Message edited by: Dagonee ]

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Derrell
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sndrake, I hope you'll keep us informed about what happens. Is there someplace on the internet, or elsewhere, to keep up with the case and the outcome?

What is the maximum sentence this guy faces if convicted?

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Dagonee
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5 years. In most states, that means he'll probably do at most 3, and some might be suspended.

Hopefully any condition of release will include a prohibition on any more exorcisms, but that can't extend past the maximum sentence. [Frown]

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Bob_Scopatz
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sndrake. I remember that case. There was a CSI episode about it too. But yeah, the therapist's defense, if I recall correctly, was that "well we've done it before and it was never a problem." Or something like that.

Am I right in recalling that the person killed was a rebellious teenager?

Dag, electroshock therapy is still used. When drugs fail to bring a person relief from a severe depression, one possible therapy is electroshock. It apparently works. But how it works and whether it's really safe are matters open to serious debate.

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Dagonee
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I don't mean that kind, Bob. I mean electroshocks as punishment, I'm sorry, behavior modification. It's not for the electrical effect on the nervous system. It's specifically for the pain induced to stop unwanted behavior.

Dagonee

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fallow
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quote:
I see a lot of that, but not as much as their used to be...oh, say in the middle ages.

Bob, you sure do keep a youthful outlook despite your advanced years. j/k.

quote:
Sadly, these people are convinced that they were doing God's work, and no interference from law enforcement or the courts will ever convince them otherwise.

Isn't this called faith ?

quote:
I believe that legally our hands are tied in terms of ever eradicating the disease that these people represent. We can't possible maintain freedom of religion while at the same time purge the nonsensical and dangerous aberrations of Christianity (or any other religion) from our society.
Freedom as the flipside coin's sister-face - responsibility.

This makes me wonder about responsibility, not imposed on the shoulders of a particular player on a particular team, but for a corpus of faith as a whole in the context of a larger body?

fallow

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Dagonee
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I think Dan had it right. You do God's work, knowing it violates an otherwise just law, you accept the prison term. God will find work for you there.

I'm not being flip; I'm being serious.

Dagonee

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Bob_Scopatz
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Yes, it's called faith.

That's why faith, per se, all on its lonesome, is not necessarily a positive thing.

Faith without knowledge is a very dangerous thing.

Dag: electric shocks to cause pain!!! [Eek!] That's not electroshock therapy. You're right. It's torture!!!

Dag, on your latest post...it assumes that we're willing to admit that God has actually commanded that person to do something, or that they really are "doing God's work." I'm not willing to say that about these people. I'm much more willing to say that they have come derailed and are not following a true and valid path to the Lord/heaven.

Your (and Dan's) solution isn't really a workable one, for me, because it grants these criminals' major premise.

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Dagonee
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I agree that's more likely. But the beauty of of the solution from a legal perspective is we don't have to determine whether they received instructions from God or not. [Smile]

Dagonee

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fallow
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bob,

quote:
That's why faith, per se, all on its lonesome, is not necessarily a positive thing.

per se? [Confused]

It sounds like this minister had his brother on his side, at least.

quote:
Faith without knowledge is a very dangerous thing.
Knowledge of what? Isn't "faith" the mortar for the cracks in our walls of complete knowledge?

bob, you can use my handle, you know.

fallow

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fallow
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getting to know people is not such a bad thing.

fallow

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TMedina
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Silly question - what kind of knowledge should faith have?

-Trevor

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Occasional
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MY knowledge of course.
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Bob_Scopatz
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fallow,

I'm sorry I didn't mean to offend you.

I figured you'd assume I was talking to you anyway.

[Razz]

So, fallow. When you say that this man had his brother on his side, fallow, do you think, fallow, that this means he has automatically achieved a measure of legitimacy?

Could it not be folie a deux?

fallow?

[Big Grin]

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