FROM THE GENERAL COUNSEL OF THE MOTHER CHURCH

Twitchell case under appeal

In July 1990 a jury of the Suffolk County Superior Court in Boston convicted church members David and Ginger Twitchell of manslaughter. This was a highly publicized case involving the passing of a young child after a short illness. Similar cases in Minnesota and Florida have recently been resolved in favor of Christian Scientist parents by the supreme courts in those states. As is true in Minnesota and Florida, Massachusetts law contains a provision that allows parents to rely on spiritual means for healing.

After trying for more than two years, defense counsel in the Twitchell case have finally obtained the complete trial transcript, and the appeal process is underway. The defense's appeal brief will plead numerous due process and other judicial trial errors as the basis for overturning the conviction. The prosecution will then have a limited time to file its brief.

Courts frequently grant time extensions if requested, and in this particular case it is possible that the initial appeal will be taken directly to the state supreme court, thus bypassing the intermediate level appeals court. At this time, it is not possible to know which court will hear the appeal, or to predict the date on which a decision in the case will be reached, but it is probable that oral argument and ultimately a final judgment are still many months away.

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