ATTLEBORO, Mass. – A judge ordered two members of an Attleboro religious sect jailed for another 30 days after they again refused to reveal information about their baby.
Juvenile Court Judge Kenneth Nasif on Thursday found that Rebecca and David Corneau remain in contempt for failing either to produce their baby or say where the remains of the baby are buried.
The Corneaus, members of a small sect called “The Body,” had refused repeatedly to say whether they had a newborn baby during a month of hearings prompted by the state Department of Social Services.
On Feb. 5, a lawyer for the Corneaus said Rebecca Corneau had had a late-term miscarriage in November. The same day, Judge Nasif ordered them to begin serving a sentence for contempt.
In court Thursday, defense attorney J.W. Carney Jr. reiterated his claim that the Corneaus do not have to testify about their child because of their constitutional right to religious freedom and the right against self-incrimination.
“There is no live child presently. There never has been a live child,” Carney said. “The fetus that was expelled from her body was deceased.”
The sect the Corneaus belong to rejects modern medicine, government and education.
A son of the Corneaus who died during a home birth in 1999 was secretly buried in the woods of Baxter State Park in Maine, alongside an infant cousin, who prosecutors said was starved to death by members of the sect. The Corneaus have not been charged in the death of their son. Three other sect members face charges in the death of the other boy.
The Corneaus, who were brought into court in handcuffs and leg shackles, remained silent during the hearing.
Carney said the Corneaus fear they will be criminally prosecuted under a Massachusetts law requiring that human remains be buried in a cemetery, interred in a mausoleum or cremated.
Last week, Bristol District Attorney Paul J. Walsh Jr. offered the Corneaus partial immunity, saying in a letter that their statements would not be used against them for the misdemeanor of illegal disposal of the baby. He did not rule out other charges, however.
But Carney said immunity may be granted only by a judge of the superior or appeals court.
“This letter from the DA is nothing,” he said. “It does not grant immunity.”
Nasif disagreed, saying the letter from Walsh offered the Corneaus all the protection they needed to break their silence.
The judge also rejected a request by Carney that he recuse himself from the case.
“I have no bias toward your clients,” Nasif told Carney. “Your clients find themselves in jail because of their own decisions and their own doings.”
The judge scheduled another hearing for March 14, when the Corneaus will be under the same directive: Either produce the baby or reveal where its remains are buried.
Assistant District Attorney Paula Carton Rossen called the couple’s refusal to provide information about their baby a “smoke screen.”
“Everything that Mr. Carney has argued this morning skirts the real issue before this court,” she said. “[The state] still has concerns that there is a live baby and that this live baby continues to be at risk.”
A single justice of the Massachusetts Appeals Court will hold a hearing Tuesday on the Corneaus’ request to get out of jail while they are appealing Nasif’s contempt order.
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