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Updated Dec. 29, 2005, 12:24 p.m. ET

Vegan couple convicted of neglecting their children spared from prison
Lamoy and Joseph Andressohn
Joseph and Lamoy Andressohn were acquitted of manslaughter in the death of their infant daughter, but were convicted of felony child neglect.

A Miami judge made a surprising departure from sentencing guidelines Thursday when he handed down 15 years of probation to a couple convicted of neglecting their children by enforcing a strict vegan diet.

Miami-Dade Circuit Judge Stanford Blake's decision to spare Lamoy and Joseph Andressohn a prison sentence paved the way for a reunion between the couple and their four children, whom they haven't seen since they were arrested in 2003 for the death of their 6-month-old daughter.

A jury convicted the Andressohns in November of felony child neglect for enforcing a diet of raw fruits and vegetables and wheatgrass. But the panel acquitted the couple of manslaughter in the death of their baby, Woyah, who weighed less than 7 pounds when she died from what a medical examiner termed accidental malnourishment.

"I fear for the safety of the kids," Assistant State Attorney Herbert Walker III told Courttv.com. "I also worry about the message this sends: If you do something that harms or kills your kids, you can just say you didn't mean to do it and get away with it."


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The Andressohns claimed they felt they were doing the best for the children, who were born in the home, never saw a doctor and received wheat grass enemas in place of traditional medical attention.

In granting the defense's request for a downward departure, Blake rejected Walker's argument that the crimes were not isolated incidents and that couple was unremorseful.

Walker said he will appeal the sentence because it went below the mandated guidelines.

Blake attached a number of conditions to the probation, including regular pediatrician visits for the children, parental counseling for the Andressohns and psychological counseling for the whole family.

"The probation conditions will micromanage the kids for the next 15 years, but basically, the parents have the key now," Blake told Courttv.com. "If they realize how serious this is, they'll take control of the situation. If not, they can tell their cellmates about it."

The couple must also reject their extreme "living foods" lifestyle and keep their children on a diet approved by a nutritionist, immunize them regularly and send them to public schools.

During the trial, two children testified they were taught that cooked foods were "evil."

They also testified that they had had begun eating cooked food since they were removed from their parents' care and that tacos were their favorite meal.

The Andressohns temporarily lost custody of their children after Woyah's death, pending the outcome of the trial, and have not seen or spoke to them since August 2003.

The family court will decide when the children are returned to their parents, but it likely will be at least a year, so that the Andressohns can undergo parental counseling.

Last month, a family court judge refused to terminate their parental rights, stating that he felt an eventual reunion was in the best interests of the children, who are now living with Joseph Andressohn's half-sister, Mary Andressohn.

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Watch the trial


Case in pictures

Sentencing

Couple out on bond

Verdict

Expert: Rare disease led to baby's death

Investigator: Children of vegan couple seemed healthy

Witnesses: Children showed signs of malnourishment

Aunt: Children of vegan parents underfed

Sons testify in parents' trial

Openings presented

Read the autopsy report


Read the police narrative

Case background

Related case:
NY v. Swinton




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