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.