Jury Selected in Dale Neumann Homicide Trial
July 24, 2009
Eight men and six women will hear the trial of Dale Neumann, 47, and decide whether he’s innocent or guilty.
Neumann is on trial for second degree reckless homicide in death of his daughter Kara, 11.
It took two days for prosecutors, defense attorney Jay Kronenwetter, and Judge Vincent Howard to select 14 jurors.
12 are considered actual jurors, and two more are alternates in the case.
All 14 will hear the trial, but the alternates will be dismissed before jury deliberations.
Because the jury is sequestered, they are required to avoid all news stories on the case, and in order to be fair and impartial, they can’t talk about the case to anyone.
Opening statements are set for Saturday, and the first witnessed is scheduled to take the stand Monday.
The trial is expected to last a week and a half.
Neumann faces 25 years in prison if he’s convicted.
His wife, Leilani Neumann, faces 25 years in prison now. She was convicted of the same charge after her trial in May.
Prosecutors will try to convince jurors Neumann recklessly killed Kara by ignoring her symptoms of diabetes.
The Neumanns say they did nothing wrong and believed God would cure her. They say the Constitution protects freedom of religion.
Jury Selection Continues Friday for Father in Prayer Death Case
July 24, 2009
Jury selection will continue Friday morning for a father accused of second-degree reckless homicide for praying instead of seeking medical help for his dying daughter.
Dale Neumann, 47, was charged after the 2008 death of eleven-year-old Madeline Neumann from undiagnosed diabetes.
A jury convicted the girl’s mother, Leilani Neumann, of the same charge in May. She awaits sentencing in October and faces up to 25 years in prison.
Prosecutors contend the parents were reckless by ignoring obvious symptoms of their daughter’s deteriorating health.
The parents say they believe that God would heal their daughter.
Marathon County Clerk of Courts Diane Sennholz says the jury will be picked from a pool of 100 county residents, none of whom was summoned for the mother’s trial.
Dale Neumann Trial Begins Thursday
July 23, 2009
His wife’s trial is over, now it’s Dale Neumann’s turn to stand trial.
In May, Leilani Neumann was found guilty of second degree reckless homicide in her daughter Kara’s death.
She was convicted of praying for the 11-year-old girl instead of getting medical treatment for her diabetes.
Thursday the girl’s father goes on trial, for the same charges.
It all started at 9807 Maplewood Drive in Schofield, where Madeline Kara Neumann lay dying, as her parents prayed for her to be healed.
She died on Easter Sunday 2008.
The county medical examiner ruled untreated diabetes as the cause of death.
A few days later Leilani spoke out, saying she and her husband Dale did nothing wrong, and that they weren’t worried about a police investigation.
But perhaps they should have been. On April 28th, former district attorney Jill Falstad announced plans to charge the couple with homicide.
“In our nation we have a constitutional guarantee of freedom of religion. We also give parents some leeway in child rearing however neither is absolute,” Falstad said.
They were formally charged two days later.
The case drew major media attention, and a gag order soon went into effect.
Never had there been a freedom of religion case like this in Wisconsin.
“That’s what this case is all about and whether the state indeed has a responsibility to explore whether or not this has been parental abuse under this guise of freedom of religion,” said Jim Veninga, a professor at UW-Marathon County.
The defense made a motion to throw out the case, arguing the Neumanns are protected under the constitution.
“There’s no statute that says you should not pray when you’re sick. There’s no statute saying you should take your child to the doctor when x, y, or z symptoms occur,” said Jay Kronenwetter, Dale Neumann’s attorney.
Judge Vincent Howard denied the motion, and the Neumanns pleaded not guilty.
Soon after the family business, a coffee shop called Monkey Mo’s, closed and the Neumanns claimed they were broke.
“Yes your honor, they’re exploring job possibilities, as you can imagine the publicity that this case has brought has made many opportunities closed to them,” Kronenwetter told the judge.
The Neumanns kept their attorneys, and county taxpayers are footing the bill.
In May Leilani went to trial.
Prosecutors built the case that she could see how sick her daughter was, and not getting her medical help caused her death.
The defense countered that the girl’s symptoms weren’t that easy to spot until it was too late.
The jury deliberated for four hours before the landmark decision.
“We the jury find Leilani Neumann guilty of second degree reckless homicide,” a juror read outloud.
Leilani and her husband were silent, showing no emotion, but her stepfather didn’t hesitate to speak his mind.
“I don’t care how far we have to carry this, there will be exoneration and there will be vindication,” Brian Gordon said.
And now it’s Dale’s turn to be tried. The state will once again try to prove beyond a reasonable doubt that his actions caused his daughter’s death.
Jury selection begins Thursday.
Prosecutor: Wis. mother is ‘religious extremist’
June 10, 2009
A mother who prayed instead of rushing her 11-year-old daughter to a doctor is a religious extremist who let the child die in a test of faith, a prosecutor told a jury Friday in closing arguments.
The defense attorney for Leilani Neumann responded that the prosecutor’s argument was ridiculous. Attorney Gene Linehan said Neumann didn’t realize her daughter was so ill and, in line with the family’s belief in faith-healing, did all she could to help her.
Neumann, 41, is charged with second-degree reckless homicide in the March 23, 2008, death of her daughter from untreated diabetes at the family’s rural Weston home. It is believed to be the first faith-healing case in Wisconsin in which someone has been charged with homicide.
A six-man, six-woman jury began deliberations late Friday morning after the attorneys’ finished their closing arguments.
Neumann and her husband clutched each other and silently prayed with another man before the jury took the case. Then she went to each of her other children sitting on front-row courtroom bench and kissed them on the cheek.
Marathon County District Attorney Jill Falstad said it was wrong for Neumann to use her daughter, known by the nickname Kara, as a test of faith.
“Religious extremism can be dangerous,” Falstad said. “In this case, it was fatal. Basic medical care would have saved Kara’s life — fluids and insulin. There was plenty of time to save Kara’s life.”
Neumann ignored Madeline’s worsening symptoms for two days, Falstad said. When the child fell into a coma, Neumann asked numerous people to pray for her but didn’t take the child to a doctor for what would have been an easily treatable illness, she said.
“Freedom of religion is absolute to belief but not to conduct,” the prosecutor said. “The defendant can have her beliefs but conduct based on those beliefs can be regulated for the protection of society. … This case is about Kara Neumann and her right to grow up.”
Linehan said Neumann was a devote Christian who prays about everything and took good care of her four children.
“Religious extremism is a Muslim terrorist,” Linehan said. “They are saying these parents were so far off the scale that they murdered their child. The woman did everything she could to help her. That is the injustice in this case.”
Neumann’s children had never been sick, he said. She believed Madeline’s symptoms were signs of puberty and, on the day the girl died, thought her breathing was getting better, her health was improving and the prayers were helping, Linehan said.
Doctors testified during the trial that the switch from heavy to shallow breathing showed the girl was closer to death and the body was shutting down from the acute diabetes.
The maximum punishment for second-degree reckless homicide in 25 years in prison.
Madeline’s father, Dale Neumann, faces the same charge and is scheduled for trial in July.
Posted in Dale and Leilani Neumann
State says Leilani Neumann’s statement to media could taint husband’s jury pool
Could statment taint jury pool in Dale Neumann case?
June 10, 2009
statement written by Leilani Neumann the day after she was convicted is sparking controversy.
The prosecution thinks Leilani’s statement could affects her husbands trial. Dale Neumann also faces a second degree reckless homicide charge in the death of his daughter, 11 year old Kara. The girl died in early 2008 from untreated diabetes.
Kara’s mother, Leilani was convicted of second degree reckless homicide last month. She now awaits sentencing on October 6th. She faces 25 years behind bars.
At a hearing Tuesday morning, the Marathon County Assistant District Attorney pointed out that the statement is posted on a web site called http://www.helptheneumanns.com.
He says the statement, on top of the immense media coverage of Leilani’s trial, could taint the jury pool for Dale’s upcoming trial in late July.
Assistant District Attorney, Lamont Jacobson says, “Now we’ll have a jury panel that’s heard everything that happened in Leilani’s case. It was headline news on the electronic media, lead story or at least close everyday of trial.”
But Neumann’s defense attorney argued that any statements on the web site were not written by Dale and he says it’s Dale’s constitutional right to have a jury of his peers.
Jay Kronenwetter, Neumann’s Defense Attorney says, “I think for the time being, this doesn’t point toward an out of county jury being any less tainted than an in county jury. This is available on the Internet. Available, I assume, worldwide.
The judge ordered the state to write an appeal asking for an out of county jury within the next 10 days. After that he will make his decision.The state did ask that the web site be pulled down, but the judge did not rule on that.
Sentencing Set for Prayer Death Mother
June 9, 2009
The mother convicted of reckless homicide for praying while her daughter became gravely ill and died of undiagnosed diabetes will be sentenced Oct. 6 and a judge is considering delaying her husband’s trial.
A Marathon County jury convicted Leilani Neumann, 41, of rural Weston, of second-degree reckless homicide on May 22 for failing to rush 11-year-old Madeline Kara Neumann to a doctor. The girl died of untreated diabetes in March 2008.
Prosecutors convinced a jury the mother recklessly killed the girl by ignoring obvious symptoms — she couldn’t walk or talk and was believed to be in a coma — until it was too late. The mother testified through a police videotaped interview that she didn’t realize her daughter was so ill and did all she could do to help, in line with the family’s belief in faith-healing.
The case is believed to be the first of its kind in Wisconsin involving faith healing, in which someone died and another person was charged with a homicide.
Judge Vincent Howard set the sentencing date Tuesday. The maximum punishment is 25 years in prison.
The child’s father, Dale Neumann, 47, is also charged with second-degree reckless homicide. His trial begins July 23.
But Assistant District Attorney LaMont Jacobson argued Tuesday that delaying the trial and picking a jury from another county would help make sure the extensive publicity in Leilani Neumann’s trial died down.
Defense attorney Jay Kronenwetter said Neumann wants his trial to begin as scheduled and wants a Marathon County jury because it would be a jury of his peers.
“His life is essentially on hold until the case is resolved,” Kronenwetter said, adding Neumann has a constitutional right to a speedy trial.
Howard gave prosecutors 10 days to submit written documents outlining a judge’s power in ordering a change of venue or delaying the start of a trial to make sure a defendant gets a fair trial even if the defendant doesn’t request it.
As Dale Neumann left the courtroom Tuesday, Jacobson walked by him. “Multiple blessings to you brother,” Neumann told the prosecutor.
A Prayer to Leilani Neumann coming from a strong believer in Christ”Charismatic Christian”
June 8, 2009
I lift up Leilani Neumann’s life and I call upon You the almighty God who has full force of life and strength to help her to glorify your Name.Lord I lifet up the scripture Psalm 125 to you and ask of You oh Lord that as we conqueor tomorrow with the battle of Wisconsin over the case of religious faith on behalf of Madeline Kara Neumann to hear me as your servant percievs this message:Oh Lord,the Spirit of Power,the Spirit of Strength who we acknowledge every day and every area of our lives.We seek ye are the only God and we believe it by faith.My God,we,the nations of all nations around the globe conquor you as our God.We trust You in the midst of storms and times of trial. Where there is strength there’s love and when there is love peace will be brought into one’s life.Lord,I believe that You have captured Leilani’s heart and she is a godly and righteous woman of God.Lord,I don’t believe she intended to kill her daughter if her other children has been given as much love I don’t see why she’d do that. Lord,You are the justice of peace and You reign over Heaven.Father let’s not defeat Leilani. Praise her and draw her closer to You my King.Surrond her with peace and love. Guide her my God to the righteous spot where she can pray for blessings to come.I pray that the sentence will NOT be as long as 25 years.Lord,in the name of Jesus I defeat the power of Justice/Attorney in Wisconsin and let Justice take over the case.Father,Speak to the judge,attorney and find compassion into their hearts.Some people claim that they are righteous but you can’t be righteous if the same is not done as you do for yourself.There is the Golden Rule in the bible:Do unto you as you would want others to treat you.Altough many has been tempted to do wrong we know that there is goodness and mercy that can prevail amongest the troublesome times.May the state of Wisconsin have peace my God!I lift up these wirds to You Lord,Move the mountain that’s in her way.All I,Leilani Neumann and the children of Christ shall lift up these words and pray that all we have to do is pray,trust and believe.First we must believe it then we can recieve it by faith.Sow into her blessings and start confessing and this is what she needs to know.Know that all things are possible.Deut 12:8-11:Your pattern of worship will change. Today all of you are doing as you please, 9 because you have not yet arrived at the place of rest, the land the Lord your God is giving you as your special possession. 10 But you will soon cross the Jordan River and live in the land the Lord your God is giving you. When he gives you rest from all your enemies and you’re living safely in the land.Lord in the name of Jesus I lift up Leilani’s family to you and I have signed a petition to help save Leilani and I speak peace into her life as yet more revolves around her.Have her trust You Lord and believe in You.You can miracles happen and I am counting on You to hear blessings have overcame the court.In Jesus Name I pray in Confidence,Amen
Weston “Prayer Death” Mom Due Back in Court This Week
June 8, 2009
Leilani Neumann, the Weston woman convicted of second degree reckless homicide in the death of her 11-year old daughter is due back in court this week.
Court officials say a sentencing date is expected to be set during the hearing Tuesday.
The 41-year old Neumann was found guilty last month. Authorities say she and her husband, Dale, prayed for their daughter, Kara, instead of seeking medical attention for her. The girl died of untreated diabetes in March of 2008.
Leilani Neumann faces up to 25-years in prison. The judge ordered a presentence investigation after the conviction. Dale Neumann’s trial is scheduled for July.
Sentencing date to be set next week in Neumann case
June 6, 2009
A hearing is set for Tuesday when court officials and attorneys working on the Leilani Neumann homicide case are expected to set a sentencing date.
// Leilani Neumann, 41, of the town of Weston was convicted May 22 when a jury found her guilty of second-degree reckless homicide. Neumann was accused of praying for 11-year-old Madeline Kara Neumann to recover from complications of diabetes and ignoring symptoms that the child was gravely ill, prosecutors argued.
Neumann is expected to appeal her conviction and her husband, Dale, has a trial on the same charge scheduled for July
Neumann expected to appeal, so what does that mean?
May 27, 2009
MARATHON COUNTY (WAOW) — The trial of the woman who prayed over her daughter rather than take her to a doctor is now over.
But that doesn’t mean the case is closed.
It’s pretty safe to say Leilani Neumann’s trial has been the talk of the town.
And since her attorney Gene Linehan says he’s going to appeal, we decided to look into that process.
To say Leilani Neumann and her family aren’t happy with the guilty verdict is putting it lightly.
Stepfather Brian Gordon says, “There have been so many things committed fraudulently and criminally in the proceedings of this trial. It’s absolutely ludicrous and I am outraged.”
So what’ s next? First, Neumann’s attorney Gene Linehan must submit an intent to appeal within 20 days of the verdict.
Speaking generally, public defender Mike Moran says, “That sort of sets the ball in motion for appointing counsel.”
It could be Linehan but experts say often times defendants want a new set of eyes to look at their case. After that, transcripts from the entire trial are prepared and sent to attorneys to build their new case, known as a brief. That brief is sent to the court of appeals.
Moran says, “The opposing party gets the opportunity to file a brief also in response and they’re exchanged and then the court of appeals will make a decision on the issues and merits of the case.”
If the court of appeals sides with the prosecution, then the defense may try to appeal to a higher court. If the defense wins out, it could mean a re-trial. Sound like a lengthy endeavor?
Moran says it is, “It can take upwards of a year and a half or more depending on the case but it’s not a quick process.”
In addition to the appeal, Neumann’s family says they’re filing a criminal complaint against Judge Vincent Howard and District Attorney Jill Falstad because they think the trial was mishandled.
As for their reaction, Falstad is still under a gag order and Howard did not return the phone call.
Sounds like Christians are ready to step up to the government and not afraid to mark the truth.If I was ever in a situation in regards to a child which gave a verdict and trial that was unfair and unfit I’d probably do the same thing.I don’t blame the Neumann’s for wanting to appeal the case.I hope that eventually society will realize that everyone should have a right to practice their faith and not go against the righteous men and women of God.As Christians we will fight for our freedom.Given the spirit of the almighty God I am not surprised that they want to appeal.My prayers are with the Neumann family.I hope that the Neumann’s case sets a good example of fighting for freedom in a Christian’s case.I will continue to follow the case.I hope in the end of this case justice and righteousness shall be served!!!