Absent a last-minute change, today is the day that Abraham Cherrix, pursuant to the order issued on Friday, must report to a Norfolk, Virginia hospital for chemotherapy against his will. On the legal front, the family’s attorneys are seeking have the order stayed and a new trial granted, and are getting help from a powerful ally:
A Chincoteague teenager’s effort to fight a judge’s order that he report to a hospital today for cancer treatment is backed by Virginia’s attorney general.
Starchild Abraham Cherrix, 16, wants to continue treating his Hodgkin’s disease, a cancer of the lymph nodes, with an organic diet and herbal supplements under advisement from a clinic in Mexico.
A judge last week ordered him to be at Children’s Hospital of the King’s Daughters in Norfolk by 1 p.m. today and accept treatment prescribed by doctors.
However, a hearing is scheduled for today at noon in Accomack County Circuit Court to consider Cherrix’s request to stay the judge’s order.
Attorney General Bob McDonnell yesterday filed a brief supporting the teen’s request to delay the judge’s order until the appeals process is complete, a spokesman for McDonnell confirmed.
An appeal was denied yesterday in Accomack Juvenile and Domestic Relations District Court, but the hearing in circuit court gives the teen another chance to delay the judge’s order.
Congratulations to Attorney General McDonnell for standing up for Abraham’s, and everyone’s, rights in this case. And here’s hoping that the Accomack Circuit Court does indeed issue an Order staying Judge Demps’ Order. If that doesn’t happen, though, it looks like Abraham and his family are ready for a confrontation with the law:
Abraham Cherrix, the Eastern Shore teen who is using an herbal diet to fight Hodgkin’s Disease, will defy a court order to resume chemotherapy.
Speaking in Virginia Beach Monday evening before an appearance on Fox News Channel, Abraham Cherrix, 16, and his father, Jay Cherrix told Your NewsChannel 3 they will not report to Childrens’ Hospital of the King’s Daughters by a court-ordered deadline of 1p.m. Tuesday afternoon.
Instead, the family will be in conference with an Accomack County Circuit Court judge asserting their right to a brand new trial.
The decision to defy the court order is a calculated gamble by the Cherrix family. Last Friday, Jesse Demps, a temporary substitute judge for the Accomack County Juvenile and Domestic Relations Court, ruled that Cherrix has to resume chemotherapy treatments. Demps also found Cherrix’ parents guilty of child neglect.
Cherrix says he won’t subject himself to a treatment that made him feel sick last year.
There would, of course, be consequences to defying the Order if its not overturned or stayed:
If the Circuit Court upholds the lower court’s ruling, Cherrix’ parents may be held in contempt of court. That means Cherrix’ parents could face additional charges or perhaps jail time.
Abraham’s father, Jay Cherrix, is prepared for the consequences of violating the court order.
“I’m not going to be an obstacle to my son. If a judge wants to throw me in jail, then he’s going to have to do that.”
“I should be concentrating on my recovery,” Abraham said. “This case is taking me away from that.”
And if the Commonwealth of Virginia ends up putting a father and mother (and possibly a son ?) in jail over this, then this story will be blown wide open.
Update: From Attorney General Bob McDonnell:
“This morning, I directed that an amicus brief be filed in the Circuit Court of Accomack County in the case of Abraham Cherrix. This amicus brief supports Abraham’s parents’ motion to delay the Juvenile Court-ordered chemotherapy treatment pending a new trial on his appeal in the Circuit Court.
All citizens are entitled to the right to appeal a district court case, and to have their case heard anew in the circuit court. If Abraham were forced to undergo the ordered medical treatment, before his appeal is heard in the Circuit Court, his case would be moot and his due process rights infringed. I trust the Circuit Court will endorse these procedural protections for Abraham.”
I will try to link to the PDF of the amicus brief later.
Others blogging on this case: Cathouse Chat, Ogre’s Politics And Views Outside The Beltway
Previous Posts:
July 25th, 2006 at 11:35 am
I’m guessing the parents will be sent to jail and the child will be forcefully restrained, medically sedated, then given the medication against his will.
Given that scenario, what will anyone else do about it?
July 25th, 2006 at 11:39 am
Ogre,
Against the power of the state, there is little we can do but complain, and point, and shame Accomack County into relenting.
The one sign of hope here is the involvement of Attorney General McDonnell.
July 25th, 2006 at 1:24 pm
http://www.wvec.com/news/topstories/stories/wvec_local_072506_cherrix_circuit_court.fae8f4.html
He got a stay.
July 25th, 2006 at 2:51 pm
[...] The Nanny State vs. The Family Judge Holds Teen With Cancer In Limbo The Nanny State vs. The Family Part II Its D-Day For Abraham Cherrix [...]
January 10th, 2007 at 12:01 pm
[...] The Nanny State vs. The Family Judge Holds Teen With Cancer In Limbo The Nanny State vs. The Family Part II It?s D-Day For Abraham Cherrix Abraham Cherrix Gets A Reprieve The Nanny State vs. The Family Part III Abraham Cherrix Wins His Case Preventing Another Abraham Cherrix Abraham Cherrix Update Bookmark to: [link] [...]
February 24th, 2007 at 9:40 am
[...] State vs. The Family Judge Holds Teen With Cancer In Limbo The Nanny State vs. The Family Part II It?s D-Day For Abraham Cherrix Abraham Cherrix Gets A Reprieve The Nanny State vs. The Family Part III Abraham Cherrix Wins His [...]