Judge backs jail for sect couple if baby not turned over

BOSTON – An appeals court judge ruled Wednesday that two members of a religious sect that rejects mainstream medicine should go to jail if they do not turn over their newborn baby, but she gave them time for further appeal.

In her ruling, Justice Janis M. Berry upheld a ruling last week by a Bristol County juvenile judge who ordered Rebecca and David Corneau held behind bars after they refused to turn over the baby.

Juvenile Judge Kenneth Nasif had allowed the Corneaus to remain free pending their appeal. Berry said she expected a further appeal of her decision, so she extended a stay of Nasif’s ruling until noon Friday.

The Corneaus are members of an Attleboro-based sect known as “The Body,” which came under scrutiny in 1999 with the disappearance of two children of sect members, including the Corneaus’ newborn son.

The couple have refused even to acknowledge in court if they’ve had another child. Witnesses have testified that Rebecca Corneau appeared pregnant several months ago but no longer appears so.

In her 17-page ruling, Berry said unless the Corneaus turn over their baby, they “are properly subject to commitment to jail.”

In arguments before the Massachusetts Appeals Court on Tuesday, the Corneaus’ attorney, J.W. Carney, said the Corneaus properly invoked their Fifth Amendment rights when they refused to answer questions about the baby for fear of self-incrimination.

The state maintains the welfare of the child outweighs any concerns of possible criminal prosecution of the parents.

Carney said later he worries that the state would never allow the Corneaus to raise children because of their religious beliefs.

“The Corneaus are very simple folk,” he said. “They don’t have a radio or TV. They spend a lot of time in prayer.

“The most exuberant thing they do is stand around a piano and play hymns,” he said. He did not immediately return a call for comment on the appeals court ruling.

State officials believe the couple is hiding the baby so the state won’t take custody. The couple’s other four children have been taken away from them and placed in state custody, with relatives who are not sect members.