The Tennessee Supreme Court has upheld the neglect case against Ariel Ben Sherman, a Loudon County minister accused of contributing to 15-year-old Jessica Crank's 2002 death from cancer because he did not seek medical treatment for the child. Both Jessica and her mother, Jacqueline Crank were members of Sherman's Universal Life Church in Lenoir City.
The ruling does not address Sherman's guilt or innocence in the girl's death - it merely gives prosecutors the go ahead to move forward with the case against him.
The court issued a ruling Saturday that a Loudon County Criminal Court judge should not have dismissed the in-dictment against Sherman and reinstated the indictment against him. The case was remanded for further proceed-ings.
Prosecutors contended that Sherman's role as "spiritual father" to the 15-year-old makes him criminally respon-sible for her death. Crank suffered from a rare form of bone cancer, but her mother allegedly refused to get her medical treatment opting to treat her daughter with prayer instead.
The girl's mother, her brother and other members of Sherman's church were reportedly living together in Loudon County in 2002 when Jessica developed a huge tumor on her shoulder. Her mother took her to a local clinic that advised her to take the child to the University of Tennessee Medical Center for emergency treatment, officials said. Her mother allegedly did not follow through with that recommendation deciding to treat her daughter with prayer. The state Department of Children's Services finally intervened, but they were too late to save the girl's life, accord-ing to officials.
Both Crank and Sherman were charged with neglect. Crank, represented by attorney Gregory P. Isaacs, is report-edly relying on her constitutional right to freedom of religion. She has argued that it was her choice whether or not to rely on faith for a cure. Her case is pending in Loudon County Criminal Court.
Earlier in the case, Loudon County Judge Eugene Eblen threw out the case against Sherman, ruling that Sherman had no legal duty to seek treatment for Jessica, because he was not her parent or legal guardian. The state Court of Criminal Appeals overturned Eblen's decision and will allow the case against him to move forward. This case could set a precedent for deciding what constitutes a relationship when it comes to being responsible for a child's welfare.
