Neumanns Argued Their Case Before Sentencing in Daughter’s Death

Two Wisconsin parents who prayed for their daughter to heal rather than seeking medical help faced a judge for sentencing for reckless homicide.

Dale and Leilani Neumann were convicted by separate juries of second-degree reckless homicide last year after their eleven-year-old daughter Kara died of undiagnosed diabetes.

In Marathon County court, a judge decided each parent will serve ten years on probation and up to six months in jail — one month a year for six years during either March or September, the anniversary of Kara’s birth and death, respectively.

Tuesday’s sentencing hearing lasted several hours as both the prosecution and defense presented their case to the judge and Dale and Leilani Neumann defended their actions.

“Nobody understands that but a parent that is grieving for their child,” Mrs. Neumann said.

An emotional Leilani Neumann told a Marathon County judge her family’s life has been turned upside-down every since Kara passed away.

Prosecutors say the Neumanns see themselves as victims for their religious beliefs but it was Kara who paid the ultimate price for their beliefs.

The second-degree reckless homicide charge carries up to 25 years in prison. The State recommended a minimum of a year in jail and ten years’ probation for each parent.

“They appear to love their children but they stood by and did virtually nothing while their youngest daughter died a slow, agonizing death,” Assistant District Attorney Lamont Jacobson argued.

Defense attorneys fought for no jail time at all, claiming their clients are being unfairly prosecuted because of their faith.

Dale Neumann explained to the judge, “Guilty? Of loving my God with my whole being and intellect, that’s what I’m guilty of.”

Despite their religious defense, the judge felt some punishment was necessary for Kara’s sake.

“When death is an element of the defense, you really can’t say death itself is an aggravating factor but when a person who dies is a young child it is,” Judge Vincent Howard said.

According to defense attorneys, the Neumanns won’t serve any of the jail time until the appeal has been heard.

Leaving the sentencing hearing, the Neumanns had smiles on their faces.

“Not right now,” Mrs. Neumann said to the media. “We need a few minutes, you can tell by our faces, but we need to talk to our lawyers first before we make any comments.”

Lawyers on both sides say the judge made a sound decision.

“I think that ultimately the judge determined that incarceration was not the appropriate remedy, and we concur with that,” Mr. Neumann’s attorney, Jay Kronenwetter, said.

“All of us grappled with it. It was clear that it was a difficult case for everyone involved,” Jacobson said.

Dale Neumann’s defense attorney told us the appeal process could take months, maybe even a year.

Judge Gives Probation to Parents in Prayer-death Case
The Central Wisconsin parents convicted in their daughter’s death will not go to prison but will spend ten years on probation and some time in jail.

A judge sentenced Dale and Leilani Neumann Tuesday afternoon for the death of their eleven-year-old daughter Kara. She died of complications from untreated diabetes while her parents prayed over her instead of seeking medical attention as her condition worsened.

Earlier this year, separate juries found each of the parents guilty of second-degree reckless homicide, a charge that carries up to 25 years in prison.

Both parents spoke to the judge at their sentencing hearing, calling Kara’s death an act of God, reading Biblical passages, and saying the only thing they’re guilty of is following their faith.

“Dale and I acted with love toward our daughter to the best way we could have, in the best way we could, because we love her,” Leilani Neumann testified.

“Even if she would have been taken to the hospital, as everyone thinks should have been the case, there’s only hypothetical speculation. There’s no substantiating facts, just hypothetical speculation as to whether she would have even lived,” Dale Neumann said.

Prosecutors argue the Neumanns painted themselves as victims of their religion and showed no remorse that their youngest daughter died.

Assistant District Attorney Lamont Jacobson said, “I feel sorry for the Neumanns because they’re horribly misguided and likely will come away from this experience having learned precious little.”

Judge Vincent Howard asked, “Did God say, ‘Well, Kara, come to me,’ or when Kara arrived did he ask, ‘Why are you here 70 years too soon?’”

The judge called the Neumanns good people who made a reckless decision.

The judge imposed conditions on their probation. There will be a month served in jail each year for the next six years in March or September — the anniversary of Kara’s birth and death, respectively.

They must allow random visits and checks by the public health nurse, and they are required to seek medical assistance in certain circumstances.

The judge said in court this was a very different case than many because of the freedom of religion issue, but he said he examined this case thoroughly before sentencing.

Defense teams for both Dale and Leilani Neumann plan to appeal the convictions

Neumanns sentenced to probation, jail

8:06 a.m.Do you want to follow the sentencing this afternoon of Dale and Leilani Neumann but can’t be there?

Wausau Daily Herald reporter Jeff Starck will be posting live updates from the Marathon County courthouse to wausaudailyherald.com.

Additional details from today’s court proceedings will be posted online afterwards and included in Wednesday’s print edition of the Wausau Daily Herald.12:55 p.m. The sentencing is scheduled to begin at 1:30 p.m.

For the moment, the courtroom is locked and courthouse security is setting up metal detectors for everyone to pass through prior to entering the courtroom.

So far there aren’t too many people hanging around the courtroom. Wausau media outlets are setting up equipment and a television station from Green Bay also is here. It’s still a far cry from the initial press conference at the Everest Metro Police Department when the charges were announced and a dozen newspaper, television and radio outlets were there.1:35 p.m. The Neumanns just walked into the courtroom. They hugged several friends and family members and had smiles on their faces. The judge has entered the courtroom and we’ll now get started.

1:30 p.m. Leilani Neumann’s attorney, Gene Linehan, just handed me a copy of a motion he plans to introduce today asking judge Vincent Howard to stay the sentence until after the case is heard by a higher court.

If Howard agrees to stay the sentence, Leilani would not begin serving any time in jail, prison or on probation until higher courts have ruled on the case. Linehan said immediately after jurors found Leilani Neumann guilty at the conclusion of her trial in May that he planned to appeal the case. 
In his written argument, Linehan said Leilani Neumann has already surrendered her passport, has not missed any court appearances and has followed the conditions of her bond.

2:05 p.m. Marathon County Assistant District Attorney LaMont Jacobson was critical of the Neumanns during his arguments. He pointed out Web sites that Leilani Neumann reportedly wrote on or submitted information to. On one Web site, Jacobson said the Neumanns compared the injustice against them to Christians being thrown to the lions, the Holocaust and a lynching.

Jacobson also said the Neumanns mislead the court Aug. 5 when Howard granted them permission to go to California to visit an elderly relative in poor health. Jacobson said that the Neumann family Web site showed that the family took an “August ministry tour.” The Web site said the Neumanns visited North Carolina, Texas, Indiana, and Washington D.C., among other places. There was no mention of California or a sick grandmother, Jacobson said.

1:50 p.m. Leilani will address Judge Howard during her sentencing, Linehan said.

Linehan had several concerns about the pre-sentence investigation filed by the Department of Corrections. Of particular note were references that Leilani told investigators that Madeline Kara Neumann appeared to be sick for several days before her death. Linehan said that Leilani told investigators that Kara appeared to be tired, not sick.Jacobson also asked for the Neumanns to serve just one year in jail as a condition of probation.

“Kara Neumann paid the ultimate price for her parents’ arrogance and pride,” Jacobson said.2:45 p.m. Kronenwetter said it has been well known throughout the duration of the case that this case will be appealed. The vagueness of the law is the crux of the case, Kronenwetter said.

State statutes are conflicting. The state’s child neglect law provides a religious exemption while the reckless homicide statute does not. The Neumanns were convicted of second-degree reckless homicide.

About 40 people are in the courtroom today, including supporters of the Neumanns, courthouse staff, and local attorneys.

2:40p.m. Dale’s attorney, Jay Kronenwetter, asked Howard for a probation term of three years and four months, after which the Neumanns’ youngest child will turn 18.

When Gene Linehan was making his arguments a few minutes ago, Leilani had tears in her eyes and Dale put his arm around her.

2:26p.m. Gene Linehan said in his 36 years of practicing law, the Neumanns are the most caring parents he has met. He said the Neumanns don’t have a medical background and might practice faith-based healing, but in the future would do what is best for the health of their children.

“The Legislature can temper the practice of religion and has done so in many senses, but philosophically you have the right, an absolute right to lead a faith-based existence,” Linehan said.

Linehan reiterated that this case will be appealed and asked Howard to stay a sentence of probation.

Linehan said that to sentence them to jail immediately would “take from them family experiences and a life they will never be able to recoup.”

2:15 p.m. The Department of Corrections recommended a sentence of 10 years of probation with an unspecified amount of jail time.

Jacobson, who said no one in her family is speaking out for Kara, recommended the Neumanns both serve three years confinement and seven years of extended supervision. However, because of their spotless criminal record, Jacobson asked Howard for the Neumanns to serve 10 years of probation instead.
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Jacobson also asked for the Neumanns to serve just one year in jail as a condition of probation.

“Kara Neumann paid the ultimate price for her parents’ arrogance and pride,” Jacobson said.
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2:05 p.m. Marathon County Assistant District Attorney LaMont Jacobson was critical of the Neumanns during his arguments. He pointed out Web sites that Leilani Neumann reportedly wrote on or submitted information to. On one Web site, Jacobson said the Neumanns compared the injustice against them to Christians being thrown to the lions, the Holocaust and a lynching.

Jacobson also said the Neumanns mislead the court Aug. 5 when Howard granted them permission to go to California to visit an elderly relative in poor health. Jacobson said that the Neumann family Web site showed that the family took an “August ministry tour.” The Web site said the Neumanns visited North Carolina, Texas, Indiana, and Washington D.C., among other places. There was no mention of California or a sick grandmother, Jacobson said.

1:50 p.m. Leilani will address Judge Howard during her sentencing, Linehan said.

Linehan had several concerns about the pre-sentence investigation filed by the Department of Corrections. Of particular note were references that Leilani told investigators that Madeline Kara Neumann appeared to be sick for several days before her death. Linehan said that Leilani told investigators that Kara appeared to be tired, not sick.

1:35 p.m. The Neumanns just walked into the courtroom. They hugged several friends and family members and had smiles on their faces. The judge has entered the courtroom and we’ll now get started.

1:30 p.m. Leilani Neumann’s attorney, Gene Linehan, just handed me a copy of a motion he plans to introduce today asking judge Vincent Howard to stay the sentence until after the case is heard by a higher court.

If Howard agrees to stay the sentence, Leilani would not begin serving any time in jail, prison or on probation until higher courts have ruled on the case. Linehan said immediately after jurors found Leilani Neumann guilty at the conclusion of her trial in May that he planned to appeal the case. 
In his written argument, Linehan said Leilani Neumann has already surrendered her passport, has not missed any court appearances and has followed the conditions of her bond.

12:55 p.m. The sentencing is scheduled to begin at 1:30 p.m.

For the moment, the courtroom is locked and courthouse security is setting up metal detectors for everyone to pass through prior to entering the courtroom.

So far there aren’t too many people hanging around the courtroom. Wausau media outlets are setting up equipment and a television station from Green Bay also is here. It’s still a far cry from the initial press conference at the Everest Metro Police Department when the charges were announced and a dozen newspaper, television and radio outlets were there.

8:06 a.m.Do you want to follow the sentencing this afternoon of Dale and Leilani Neumann but can’t be there?

Wausau Daily Herald reporter Jeff Starck will be posting live updates from the Marathon County courthouse to wausaudailyherald.com.

Additional details from today’s court proceedings will be posted online afterwards and included in Wednesday’s print edition of the Wausau Daily Herald.Leilani said she doesn’t think they’ve been treated properly, but didn’t go into details.

“We feared showing remorse for the prosecution taking it wrong,” Leilani said. “Everything we say gets diced up. They scratch for anything to vilify us. People do not know who we really are and how much we love people.”

3:43 p.m. Dale is now done speaking. Howard is now beginning his comments and will hand down his sentence.

3:39 p.m. Dale told Howard that Kara loved God and earned favor with him. It was only hypothetical speculation that Kara would have survived if taken to the hospital before her death, Dale Neumann said.

“Madeline Kara was more than ready,” Dale Neumann said, referring to her death. “She is with the Lord and she lives forever in his presence. Is that the desired outcome of anything? No. It is the result of God doing work in all of our lives. I don’t have power over life and death. God does. He is the one I trust explicitly.”

3:23 p.m. Much like his testimony at his trial, Dale is quoting Bible scripture as he describes his guilt and his faith.

“I’m guilty of trusting my Lord’s wisdom,” Dale Neumann said.

Later, Dale said, “My God requires obedience to his word. If not, I am is a hypocrite.”

3:15 p.m. Leilani has finished her statement and Dale is now speaking.

“Dale and I are not a threat to anyone,” Leilani Neumann said. We were simply unaware of her condition and unsure how to respond … Our faith would never cause us to harm someone recklessly.’

To recap: Pre-sentence investigation – 10 years probation and unspecified jail.

Prosecution: 10 year sentence (three years confinement, seven years extended supervision) stayed and Neumanns serve 10 years probation, one year of jail, 40 hours of community service a year, periodic health checks with public health nurse, notify probation agent when children are sick and follow their orders.

Defense: Three years, four months probation, stayed.

2:45 p.m. Leilani Neumann is now speaking. She said there was a miscommunication with their attorneys about the nature family trip.

“It’s amazing to see how God has taken care of us, we have lost everything,” Leilani said while crying. “Financially we are very broke. It is amazing to see God has provided for us to go on a trip with our familyHoward also showed his knowledge of the Bible when he said Jesus chose Luke, who had been a physician at the time, to be an apostle.

“God must have trusted at least that doctor,” Howard said.5:03 p.m. Court is done. Please see story posted on the WDH web site. Photos and video will be posted later this evening and complete coverage in the Wednesday print edition.
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4:38 p.m. Here is the sentence Howard gave the Neumanns:
* A withheld sentence and 10 years of probation.
* Dale and Leilani will serve 30 days in jail a year for the next six years.
* Their surviving children will be subject to regular and random health checkups until they reach the age of 18.
* They must seek medical attention if it meets requirements set out by Howard.
* Submit a DNA sample and pay restitution.

4:31 p.m.Howard has just recommended a withheld sentence and 10 years of probation with conditions. Howard has ordered jail time as a condition of probation. Each will serve 30 days a year over the course of the next six years.

4:14 p.m. Howard was critical of the Neumanns for misleading the court about their August vacation.

Leilani Neumann tried to tell Howard that she had told her attorney that their plans to visit a grandmother in California weren’t official, but Howard told the Neumanns that it was their responsibility to inform the court of their plans.

“You went east instead of west,” Howard said. “Apparently you never saw the sunny skies of California.”

A few minutes earlier, Howard said the US Constitution protects a person’s right to believe in a religion, but not necessarily the conduct and practice of that religion. As an example, Howard said people can have the belief in human sacrifice protected, but not the practice of human sacrifice.

3:56 p.m. Howard said this case could be reviewed by a number of higher courts, including the regional appeals court, the Wisconsin Supreme Court, a federal appeals court and the US Supreme Court, to determine if the lower courts erred in their decision.

“(The US Supreme Court) will only be found if they are in error when they meet their maker,” Howard said.

Howard said there is one God, but people hear many different voices from that God. Howard said religion and law are similar in that they are both can be interpreted in many different ways.

Parents in prayer death get 6 months in jail

A central Wisconsin couple who prayed rather than seek medical care for their 11-year-old dying daughter were sentenced Tuesday to six months in jail and 10 years probation in the girl’s death.

Dale and Leilani Neumann could have received up to 25 years in prison for the March 2008 death of Madeline Neumann, who died of an undiagnosed but treatable form of diabetes. They were convicted of second-degree reckless homicide in separate trials earlier this year.

In sentencing the couple, Marathon County Circuit Court Judge Vincent Howard said the Neumanns were “very good people, raising their family who made a bad decision, a reckless decision.”

“God probably works through other people,” Howard told the parents, “some of them doctors.”

The case was 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.

Prosecutors contended the Neumanns recklessly killed their youngest of four children by ignoring obvious symptoms of severe illness as she became too weak to speak, eat, drink or walk. They said the couple had a legal duty to take their daughter to a doctor but relied totally on prayer for healing. The girl, known as Kara, died on the floor of the family’s rural Weston home as people surrounded her and prayed. Someone finally called 911 after she stopped breathing.

“We are here today because to some, you made Kara a martyr to your faith,” Howard told the parents.

In testimony at trial and in videotaped interviews with police, the parents said they believe healing comes from God and that they never expected their daughter to die.

During the sentencing hearing, Leilani Neumann, 41, told the judge her family is loving and forgiving and has wrongly been portrayed as religious zealots.

“I do not regret trusting truly in the Lord for my daughter’s health,” she said. “Did we know she had a fatal illness? No. Did we act to the best of our knowledge? Yes.”

Dale Neumann, 47, read from the Bible and told the judge that he loved his daughter.

“I am guilty of trusting my Lord’s wisdom completely. … Guilty of asking for heavenly intervention. Guilty of following Jesus Christ when the whole world does not understand. Guilty of obeying my God,” he said.

The Neumanns held each other as Howard sentenced them, a Bible on the table nearby and their three teenage children sitting behind them in the front row of the courtroom.

Prosecutors had asked for a three-year suspended prison sentence and 10 years probation. Defense attorneys had sought four years probation.

The judge ordered the couple to serve one month in jail each year for six years so the parents can “think about Kara and what God wants you to learn from this.” One parent would serve the term in March and the other in September. Howard stayed the jail sentences while the couple’s convictions are appealed.

As part of their probation, the parents must allow a public health nurse to examine their two underage children at least once every three months and must immediately take their children to a doctor for any serious injuries.

Assistant District Attorney LaMont Jacobson said justice was served by the sentences, but he was disappointed the parents never said they were sorry for what happened.

“They allowed Kara to die because they got themselves too caught up in the misguided belief that they were being tested by God,” the prosecutor said.

Dale Neumann, who once studied to be a Pentecostal minister, told reporters the couple continues to trust in God.

“We live by faith,” he said after the sentencing. “We are completely content with what the Lord has allowed to come down, but he is not done yet.”

My opinion on the Neumann Sentancing

While I can’t say from a moral value that what the religious Neumann parents did to their daughter was wrong I am not going to say it was wrong or right either.God is able to heal through Himself as well as other people.So in a sense going to doctors is not clearly wrong but it is not wrong to seek God’s Help either.

Neumann’s attorney says the Weston couple will appeal sentence

Dale Neumann’s attorney, Jay Kronenwetter says the couple will appeal this sentence and they plan to take it all the way to the Supreme Court.

Kronenwetter says Dale and Leilani have accepted their sentence, but they won’t return to normal until it’s appealed.

“They’re accepting of judge’s sentence. Eager for the appeal process to begin. They’ve had an amazing sense of piece throughout this whole thing, not too many highs and lows,” says Kronenwetter.

Dale and Leilani Neumann declined to comment on the sentencing.

Ultimately prosecutors feel that justice was service in this sentence.

Assistant District Attorney LaMont Jacobson says, “All of us grappled with this. I think it was clear it was a difficult case for everyone involved. It was a tragic tragic situation.”

Jacobson says his biggest disappointment in this case is that neither defendant said they were sorry or admitted responsibility for what happened.

Parents in prayer death get probation, some jail

A central Wisconsin couple who prayed rather than seeking medical care for their 11-year-old dying daughter were sentenced Tuesday to six months in jail and 10 years probation in the girl’s death.

Dale and Leilani Neumann could have received up to 25 years in prison for second-degree homicide in the March 2008 death of Madeline Neumann, who died of an undiagnosed but treatable form of diabetes. Prosecutors had asked for a three-year suspended prison sentence and 10 years probation. Defense attorneys had sought four years probation.

Marathon County Circuit Court Judge Vincent Howard told the Neumanns they were “very good people, raising their family who made a bad decision, a reckless decision.”

“God probably works through other people,” he told the parents, “some of them doctors.”

The case was 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.

Prosecutors contended the Neumanns recklessly killed their youngest of four children by ignoring obvious symptoms of severe illness as she became too weak to speak, eat, drink or walk. They said the couple had a legal duty to take the girl to a doctor but relied totally on prayer for healing.

“We are here today because to some, you made Kara a martyr to your faith,” Howard told the parents.

In testimony at trial and videotaped interviews with police, the parents said they believe healing comes from God and that they never expected their daughter to die as they prayed for her and summoned others to do the same. A friend who was at the family’s rural Weston home called 911 after the girl stopped breathing.

During the sentencing hearing, Dale Neumann, 47, read from the Bible and told the judge that he loved his daughter.

“I am guilty of trusting my Lord’s wisdom completely. … Guilty of asking for heavenly intervention. Guilty of following Jesus Christ when the whole world does not understand. Guilty of obeying my God,” he said.

The judge ordered the couple to serve one month in jail each year for six years so the parents can “think about Kara and what God wants you to learn from this. One parent would serve the term in March and the other in September. Howard stayed the jail sentence while the couple’s convictions are appealed.

TIMELINE OF EVENTS IN NEUMANNS CASE

January 2007 — Leilani Neumann opens Monkey Mo’s Coffee Shop in Weston.
March 23, 2008 — 11-year-old Madeline Kara Neumann dies.
March 31, 2008 — The Neumanns reopen Monkey Mo’s. It was closed following Kara’s death.
April 28, 2008 — A criminal complaint against the Neumanns is filed by Marathon County prosecutors.
April 30, 2008 — The Neumanns make an initial court appearance, where they are charged with second-degree reckless homicide.
May 7, 2008 — Dale Neumann is found indigent, and the court appoints him an attorney at county taxpayer expense.
June 10, 2008 — The Neumanns waive their right to a preliminary hearing, and Judge Vincent Howard orders them to stand trial.
Aug. 19, 2008 — The Neumanns plead not guilty.
Oct. 31, 2008 — The Neumanns close Monkey Mo’s.
Dec. 1, 2008 — Judge Howard refuses to dismiss charges.
Dec. 22, 2008 — Separate trial dates are announced, Leilani on May 14 and Dale on July 23.
March 31 — The court appoints an attorney for Leilani at county taxpayer expense.
April 2 — The Neumanns file a motion to find District Attorney Jill Falstad in contempt for failing to return some of the couple’s possessions by a court deadline.
April 7 — Falstad wins a Marathon County judicial election. She will take her position as a judge in August.
April 10 — The contempt motion is withdrawn.
May 14 — Jury selection begins for Leilani Neumann trial.
May 15 — Jury of seven men, seven women, including two alternates, is picked.
May 16 — Leilani Neumann falls ill during opening statements.
May 18 — Prosecutors call their first witness.
May 21 — Prosecutors rest their case. The defense rests without calling a witness.
May 22 — The jury finds Leilani Neumann guilty of second-degree reckless homicide.
July 23 — Jury selection begins for Dale Neumann trial.
July 24 — Jury of eight men, six women, including two alternates, is picked.
July 25 — Opening statements made in Dale Neumann trial.
July 28 — Prosecutors call Leilani Neumann to testify after granting her immunity.
July 29 — Prosecution rests. Defense calls its first witness.
July 30 — Dale Neumann testifies in his own defense.
Aug. 1 — The jury finds Dale Neumann guilty of second-degree reckless homicide.
Aug. 5 — Howard allows Neumanns to leave the state to visit family.
Sept. 15 — U.S. Bank filed foreclosure proceedings in Marathon County Circuit Court against the Neumanns’ village of Weston home after they defaulted on their $250,000 bank loan.
Tuesday — Dale and Leilani scheduled to be sentenced.

Neumanns’ faith-healing sentencing a no-win situation for judge, say legal experts

As Marathon County Circuit Court Judge Vincent Howard prepares to sentence Dale and Leilani Neumann, he likely will try to put himself in the couple’s home on Easter Sunday in 2008.Howard will consider the facts from that tragic day — the day Madeline Kara Neumann succumbed to the effects of a diabetes condition no one knew she had, and died at Saint Clare’s Hospital as her parents continued to insist prayer alone would save her.

The judge will weigh those facts against Wisconsin law and sentencing guidelines, as well as the Neumanns’ own character, as he determines whether to place the Weston couple on probation, send them to jail or sentence them to the harshest punishment possible — a 25-year prison sentence.

It won’t be easy for Howard, who is in a no-win position, according to legal experts. On one hand, the Neumanns evoke a degree of sympathy; they’ve lost a daughter. On the other, Howard is required by law to consider appropriate punishment and to weigh how his sentence might deter others from committing similar crimes.

In that way, Howard’s decision will have wide-reaching implications. It also will be followed across the country by interest groups that focus on faith-healing issues.

No judge in Wisconsin has ever dealt with the unique circumstances of the Neumann case, and Howard’s sentence will be the benchmark for any future, similar cases, said Shawn Peters, a University of Wisconsin-Madison religion professor and author of “When Prayer Fails: Faith Healing, Children, and the Law.”

The Neumanns were known locally as a married couple with four children who owned a Weston coffee shop, where they brewed unique drinks and shared their faith. It’s that faith — an undying trust that God and prayer can heal — that brings them before Howard, convicted of second-degree reckless homicide.

In two separate trials, prosecutors convinced jurors that the Neumanns should have recognized that Kara was seriously ill and should have sought traditional medical treatment for the girl, who died from complications of undiagnosed diabetes. The Neumanns’ attorneys argued that the couple never knew how ill Kara was and that they treat all illness with prayer.Experts say there is no legal precedent in Wisconsin upon which Howard can base his decision, which makes it difficult to predict what the Neumanns’ sentences might be.Howard’s Process

When crafting any criminal sentence, a judge is required by law to consider deterrence, protection of the public, punishment and rehabilitation of the convicted. In the Neumanns’ case, deterrence and protection of their three surviving children are likely to be the two greatest concerns, said Scott Idleman, a professor at Marquette University Law School who specializes in religious law.

When crafting any criminal sentence, a judge is required by law to consider deterrence, protection of the public, punishment and rehabilitation of the convicted. In the Neumanns’ case, deterrence and protection of their three surviving children are likely to be the two greatest concerns, said Scott Idleman, a professor at Marquette University Law School who specializes in religious law.

Idleman said that a stiff sentence in this case would serve as a deterrent for most people, but it might not be effective for those with fervent religious beliefs.

“If they are trying to do the will of God, they have these spiritual benefits for their family or God,” Idleman said. “They may not be amenable to persuasion or deterrence.”

Idleman said he would expect Howard to sentence the Neumanns to a few years in prison with strict conditions regarding the Neumanns’ three surviving children, who already receive periodic medical checks under a previous court order.

Peters, the UW-Madison professor, thinks the Neumanns will be sentenced to a brief period of incarceration followed by extended supervision.

The Final Word

No matter what Howard decides, his sentence will be controversial.

Peters said if the Neumanns are sentenced to prison, Howard could stagger the sentences so that one parent is at home with the surviving children. Howard also could consider imposing a sentence but ordering the Neumanns not to begin serving it until the case has been heard by higher courts.Leilani Neumann’s attorney, Gene Linehan, and Dale Neumann’s attorney, Jay Kronenwetter, have previously said that the cases would be appealed.In any event, Howard might walk into court Tuesday with his mind still unsettled. Retired Lincoln County Circuit Court Judge J. Michael Nolan said that during his 24 years on the bench, he confronted scores of difficult sentencing decisions and always tried to keep an open mind until the last statement was made on the day of sentencing.

Nolan said an attorney’s sentencing arguments and statements by the defendant or victim can demonstrate empathy or the impact of the crime that can be persuasive.

“In almost every instance, those arguments of counsel would make a difference, sometimes a big difference,” Nolan said.

Marathon County District Attorney LaMont Jacobson, who prosecuted both Neumann cases, had not decided on a recommended sentence when he spoke with the Daily Herald last week. Jacobson said he almost certainly will focus on the victim in the case — as he did during the trials.

“Ultimately, it all came back to what Kara had to endure leading up to the time of her death,” Jacobson said. “The focus is on Kara and what her rights are — to be nurtured and cared for, to reach adulthood.”

The Neumanns and their attorneys did not respond to repeated requests for interviews for this story.

Neumann children’s future hangs on sentencing decision

When Marathon County Circuit Court Judge Vincent Howard sentences Dale and Leilani Neumann on Tuesday, his decision won’t affect just the Neumanns. His sentence also will determine the fate of their surviving children.The Neumanns face up to 25 years in prison on second-degree reckless homicide charges stemming from the March 23, 2008, death of their 11-year-old daughter, Madeline Kara Neumann.

Shortly after prosecutors charged the couple with their crimes, the court ordered their three surviving children to be placed in the care of a nearby family member until they could be interviewed and examined by medical experts. The three children also were ordered to undergo periodic medical checkups as part of a court-ordered family safety plan.

Should the Neumanns be sentenced to jail or prison, future placement of the children will be determined by the Marathon County Department of Social Services.

Carolie Fox, supervisor of the department’s child protective services, said the state’s child protective services philosophy holds that children should be placed in another family member’s home whenever a parent is incarcerated or incapacitated.

Fox said family members already are familiar with the children and their needs — a position echoed by Stephanie Hayden, a spokesperson for the Wisconsin Department of Children and Families.

“It’s better for them if they are put with a family member they love rather than a complete stranger that doesn’t know them,” she said.

Hayden said studies have shown that children are more successful when they grow up with other family members as opposed to foster parents.

The Neumanns or any other family can suggest to social workers the people who they would prefer to care for their children, but a guardian must pass a background check prior to a child being placed in the home, Fox said. A licensed foster family could be selected if another family member is not available or is not a suitable guardian, she said.

A family law judge typically makes the decision on child placement matters, but a circuit court judge also can determine child placement depending upon the situation, Fox said.

The Neumanns’ children are now ages 18, 16, and 14.

Neumann’s prosecuting attorney speaks for the first time since the trials

Because of a gag order, little has been heard about what actually happened behind the scenes during the trials of Dale and Leilani Neumann.

Now, that gag order has been lifted and for the first time we hear from Assistant District Attorney LaMont Jacobson.

“What sticks out in my mind in this case is that it’s unique that you have both parents charged in a case and certainly the difficult issues we dealt with,” says Jacobson.

Those difficult issues at hand, balancing parental rights, religious rights and the life of 11-year-old Kara Neumann. A life that ended because her parents prayed over her instead of taking her to the doctor.

But when it came down to charging Dale and Leilani Neumann, Jacobson says the prosecution had some reservations about how to proceed.

Jacobson says, “It was difficult for us when we sat down at a table at Everest Metro Police Department. Everyone had different ideas about how the case should be proceeded and how it should be handled and even when were into the prosecution there was more than one time where Jill Falstad and I looked at each other and said are we doing the right thing?”

He says ultimatley he believes they did do the right thing and two sets of jurors validated that decision to convict the parents. When it came down to the 15 hours of jury deliberations in Dale Neumann’s trial, Jacobson says he’s not surprised the jury had a difficult time.

Jacobson says, “There was more direct evidence of Leilani and what she was doing and thinking during the relevant time period, than there was of Dale, so certainly it didn’t surprise me that it took longer.”

The fact that there was more direct evidence in Leilani Neumann’s case is the main reason they didn’t call her husband to the stand in her trial. But that wasn’t the case in Dale Neuman’s trial.

Jacobson says, “If you remember from the first trial, Leilani Neumann was the person that made a lot of phone calls to people and we had a lot of witnesses relaying what Leilani Neumann said to them at Dale’s trial we can’t put the people that Leilani called on the stand to say Leilani told me this because it’s hearsay.”

Calls to the Neumanns’ attorneys were not returned. The Neumann’s are scheduled for sentencing October.