Mark C. Cogan Law Offices

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 Judge considered 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.

Jury selection began on June 23. Testimony was presented during the following weeks. Mr. and Mrs. Worthington, and members of their family and others within the Followers of Christ Church, testified on behalf of the defense. The defense also presented expert testimony of 30-year veteran Forensic Pathologist Dr Janice Ophoven, and challenged certain of the evidence that was presented by the prosecution. Final arguments were presented to the Court on July 14 and 15, 2009. The jury was given the case on July 15, 2009.

The pretrial motions have been decided, and the trial concluded. Raylene Worthington was acquitted on all charges. Carl Worthington was convicted of the Misdemeanor of Criminal Mistreatment and the judge imposed 60 days in jail and 5 years probation. An appeal will be filed.

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 religious [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 religion [sic]; nor be questioned in any Court of Justice touching his religious [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.

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.

See Indictment Document

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

Brent Worthington Motion in Arrest of Judgment

Worthington Sentencing Memorandum

Worthington Motion to Vacate Verdict of Guilty by Less than Unanimous Jury

Jury acquits Worthingtons of all but 1 charge in daughter's death

Mom acquitted, father guilty on one charge in faith-healing case

Attorney Mark C. Cogan’s Opening Statement on behalf of Defendant, Carl Brent Worthington, June 29, 2009.
Listen as Cogan introduces the jury to the Worthingtons, highlighting their strong ties to the Oregon City community, dedication to their family, outstanding work ethic and lack of any criminal history.

Click here to download the entire opening statement.

Attorney Mark C. Cogan’s Closing Argument on behalf of Defendant, Carl Brent Worthington, July 14, 2009.
Listen as Cogan summarizes the inconsistencies in the State’s evidence, the fundamental lack of evidence of neglect and reminds the jury of the reasonable doubt standard exclusive to criminal cases.

Click here to download the entire closing argument.