Judge won't drop murder charge against U.S. faith-healing dad
This photo combination provided by the Philadelphia Police Department shows Herbert and Catherine Schaible.
Published Wednesday, August 7, 2013 1:28PM EDT
PHILADELPHIA -- A U.S. judge is refusing to dismiss murder charges against a fundamentalist Christian in the faith-healing death of his son, noting that another of his children died four years earlier.
A court order from the first case requires Herbert Schaible and his wife, Catherine, to seek immediate medical help if another child was sick or injured.
They've told police that they instead sat and rocked their 8-month-old son, Brandon, before he died of pneumonia in April.
Defence lawyer Bobby Hoof asked a judge to dismiss the third-degree murder charge Wednesday on grounds there was no malice. The judge says that argument would be stronger had the earlier death not happened.
Catherine Schaible is due in court Wednesday afternoon for the same motion to dismiss the case.