Herbert and Catherine Schaible were still on probation after the 2009 death of their 2-year-old son Kent, for which they were convicted of involuntary manslaughter.
In April, Brandon Schable died of pneumonia after the couple decided to pray over the infant rather than take him in for medical care, according to their police statements. Their probation required them to seek immediate medical help if another child was sick or injured.
Prayed to death? A Philadelphia judge upheld murder charges Wednesday against Herbert and Catherine Schaible in the faith-healing death of their 8-month-old son
'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.'
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.
'A reasonable parent probably would wait three days to take their child to a doctor,' said Hoof.
Again? The Schaibles had previously been convicted of manslaughter in the 2009 death of their 2-year-old son under circumstances prosecutors called 'eerily similar'
'We tried to fight the devil, but in the end the devil won,' the couple told homicide detectives investigating Brandon's death, which could have been prevented with basic medical care.
Lerner seemed especially troubled that Brandon had increasingly labored breathing but still got no medical care.
He compared the current case to that of a parent who repeatedly gave a child peanut butter despite knowing of a potentially deadly allergy to it.
'How many times do you have to do that again before a child dies, and a jury can infer legal malice?' Lerner asked. 'Is it a second time, or is that not enough? Is it a third time?'
About a dozen U.S. children die each year when parents turn to faith healing instead of medicine, typically from highly treatable problems, according to experts.
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