Caption: Mark C. Cogan
Attorney for Carl Brent Worthington
Caption: John W. Neidig
Attorney for Raylene Marie Worthington
You can help the Worthingtons
2 – About the Case
Carl Brent Worthington & wife, Raylene Marie Worthington were indicted on charges of Manslaughter in the Second Degree and Criminal Mistreatment in the Second Degree on March 28, 2008 following the death of their daughter, Ava Worthington, on March 2, 2008.
The Worthingtons immediately surrendered themselves to the Clackamas County Sheriff’s office on March 28, 2008.
The Worthingtons posted bail and remain free pending trial. They fully cooperated with the State’s investigation.
On April 17, 2008, the judge reduced the bail by 80% after hearing evidence concerning Carl and Raylene’s strong ties to the community.
A hearing was conducted in court on August 8, 2008, in relation to motions to compel discovery which have been filed on behalf of Mr. and Mrs. Worthington. After a hearing on the Constitutional issues which was conducted on January 7 and 8, the judge directed that the case would proceed to trial.
On June 15, 2009, the Court will consider the motion of Mr. and Mrs. Worthington to dismiss the Indictment on the grounds that their prosecution constitutes unlawful selective and vindictive prosecution, in violation of Mr. and Mrs. Worthington’s Constitutional rights to freedom of religion, freedom of worship, freedom of association, and their right to family autonomy.
Trial has been set for June 23, 2009
We ask that the public reserve judgment until our clients have had their day in court. Throughout the United States , any person accused of a crime is presumed innocent and can only be convicted if the State proves the person’s guilt beyond a reasonable doubt.
3 – Oregon Constitutional Protections for free exercise of religion
Section 1 — Natural rights inherent in people
We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.
Section 2 — Freedom of worship
All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their own consciences.
Section 3 — Freedom of religious opinion
No law shall in any case whatever control the free exercise, and enjoyment of religious [sic] opinions, or interfere with the rights of conscience.
Section 4. — No religious qualification for office.
No religious test shall be required as a qualification for any office of trust or profit.
Section 5. — No money to be appropriated for religion.
No money shall be drawn from the Treasury for the benefit of any religeous [sic], or theological institution, nor shall any money be appropriated for the payment of any religeous [sic] services in either house of the Legislative Assembly.
Section 6. — No religious test for witnesses or jurors.
No person shall be rendered incompetent as a witness, or juror in consequence of his opinions on matters of religeon [sic]; nor be questioned in any Court of Justice touching his religeous [sic] belief to affect the weight of his testimony.
Section 7. — Manner of administering oath or affirmation.
The mode of administering an oath, or affirmation shall be such as may be most consistent with, and binding upon the conscience of the person to whom such oath or affirmation may be administered.
4 – First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
6 –All pleadings (motions) filed
- Supplemental Memorandum to Dismiss the Indictment
- Motion to Dismiss the Indictment
- Memorandum in Support of Motion to Dismiss Indictment Based on Selective and Vindictive Prosecution
Supportive Documentation
The following posters were used in court on April 17, 2008 in support of the Motions to Reduce Bail
8 – Contact information
Representing Raylene Worthington:
Law Office of John W. Neidig
2121 SW Broadway Ste 130
Portland, OR 97201
(503) 221-0229
www.mycriminallawyer.com
Representing Carl Worthington:
Mark C. Cogan P.C.
815 SW 2nd Ave Ste 500
Portland OR 97204
(503) 827-8298
www.coganlawoffice.com
Reading List
- Liberty of Conscience: In Defense of America's Tradition of Religious Equality
- The Faiths of the Founding Fathers
- The Separation of Church and State: Writings on a Fundamental Freedom by America's Founders
- Church and State in America: The First Two Centuries (Cambridge Essential Histories)
- Founding Faith: Providence, Politics, and the Birth of Religious Freedom in America
- American Constitutional Law: Volume Two, Constitutional Rights: Civil Rights and Civil Liberties, Seventh Edition
- Faith, Healing, and Miracles
- Faith Cure: Divine Healing in the Holiness and Pentecostal Movements
- Religion in America (7th Edition)
- The Healing Power of Faith: How Belief and Prayer Can Help You Triumph Over Disease
- A Short History of Medicine
- A Brief History of Disease, Science and Medicine
- When Parents Say No: Religious and Cultural Influences on Pediatric Healthcare
- The Cambridge History of Medicine
- “The Bible (Original King James Version)”
- Religion and the Constitution: Volume 2: Establishment and Fairness