Freedom of Religion to kill

From the Bradenton Herald-

Tom McGlade sighed with relief Monday.

Linda McGlade, Tom's wife and Tanya McGlade, his daughter-in-law were convicted and are awaiting an appeal for practicing midwifery without a license, reacted to a recent appellate court ruling. The motion, ordered by the Second District Court of Appeals, instructs a local judge to order Linda McGlade, 54, and Tanya McGlade, 27 released from prison pending appeal afer a judge sets the conditions.

"I think it's awesome, wonderful - I visited my wife yesterday," Tom McGlade said. "They (she and Tanya) were ecstatic. Evidently, the appellate judge felt differently and that is very encouraging. We're pretty confident this thing is going to get thrown out."

Manatee County Director of Courts Lori Tolksdorf said officials at the courthouse received the order, which was filed Friday, from the appellate court Monday afternoon. It instructs Circuit Judge Edward Nicholas to order the women released from Gadsden Correctional Institution.

"The trial court will now decide on what conditions they should set for their release," Tolksdorf said.

Police and prosecutors say the women helped Mara McGlade, 25, deliver a baby boy at home. Mara McGlade died two days after the delivery. A medical examiner reported that she died of uncontrolled bleeding caused by a pre-existing health condition.

After trial in April, the women were sentenced to 30 months in prison. The women began serving time in July.

Colleen Glenn, the women's attorney, said her clients requested bond after their conviction.

Under state statutes, felony convicts can post bond if they appeal their case to a higher court "on good faith on grounds not frivolous but fairly debatable."

But Nicholas denied a request by the women for bond because he said he did not believe bail is appropriate and that the trial was without error, Glenn said.

"The appellate court's order, however, states the appeal is not frivolous and cites the Florida Freedom of Religion Act as one of the fairly debatable or reasonable, arguable grounds of this appeal," Glenn said.

The court order gives the trial court five days to draft an order releasing the women with reasonable conditions. Those conditions are at Nicholas' discretion, Assistant State Attorney Ed Brodsky said. Some conditions may include staying in contact with a court officer or not leaving the county.

Brodsky said that, under the rules of criminal procedure, if the proposed draft time is less than seven days, Saturday, Sundays and holidays are excluded.

If the women can post bond, they could be released as early as Thursday, Glenn said.

In spite of the appeals court ruling, the McGlades are still in jail.

I blogged about the McGlanes previously here. My feelings haven't changed.

I feel sorry for most of the parties involved in this story. Even Tanya and Linda, for their malpractice led to the death of a mother and child. At the same time I'm angry with these two women, who put their religion first instead of ensuring Mara McGlade got the proper medical care she needed. Even in the bible, people sought help when ill. These two women seem to forgot that and two people are dead. From their actions neither McGlade sounds the least bit sorry. Maybe a few years in jail will change their minds but I hardly think it will. God will pass final judgement on Linda and Tanya McGlade. It is liable to make both women very unhappy.

The only correction I have to make is that the baby is alive.

That doesn't change the fact that if not for the McGlades negligence, this mother would be alive. Being religious doesn't mean not to use medical common sense. These women weren't licensed to practice medicine in this state. They broke the law and the court sentenced them to jail. In all Tanya and Linda McGlade got off easy, Mara McGlade is dead and won't ever see the light of day again.

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