Neumann trials cost $84,000

It cost Marathon County taxpayers at least $84,000 to ensure that Dale and Leilani Neumann were fairly tried and convicted in the faith-healing death of their daughter.

Defense and jury expenses alone already total $83,731.18 with some costs still not tabulated. Prosecution salaries and staff time come directly from the district attorney’s budget and aren’t itemized, but they certainly add up in the thousands of dollars as well.

Prosecutors said those expenses are justified by both the state’s need to hold someone accountable for the death of the Neumanns’ 11-year-old daughter and society’s need to ensure that trials are conducted fairly.

Marathon County Assistant District Attorney LaMont Jacobson said the state had no choice but to try the Neumanns separately in connection with Madeline Kara Neumann’s death.

“Since it was our decision that Leilani’s testimony was necessary in Dale Neumann’s case, I feel trying the cases together would have been unwise,” Jacobson wrote. “In other words, the likelihood of successful prosecutions would have been lessened had there been a joint trial.”

Dale and Leilani Neumann were found guilty in separate trials this summer after juries ruled they recklessly chose to pray for Kara’s recovery from diabetes rather than seek medical treatment. They will be sentenced Oct. 6 and each faces 25 years in prison.

In addition to paying for food, lodging and travel costs for jurors and support staff for two week-long trials, the Neumanns were found indigent and had court-appointed attorneys.

Jacobson, speaking publicly for the first time since Judge Vincent Howard lifted a gag order on the case, said the split trials were necessary because prosecutors cannot call a defendant to testify at his or her own trial.

“Had the cases been tried together, we would have precluded the possibility of calling either of the defendants at trial,” Jacobson wrote in an e-mail. “By separating the cases, we were able to leave open the option of calling one Neumann at the other’s trial.”

Jacobson said his department was mindful of the expenses involved by having separate trials, but the pursuit of justice was his primary concern. Both Leilani, 41, and Dale, 47, testified during Dale’s July trial.

Marathon County Clerk of Courts Diane Sennholz had to dip into the county’s contingency fund for the Neumann trials after blowing through her entire $48,500 annual budget for jury trials in the first few months of the year. The county has an $850,000 contingency fund to cover expenses that exceed departmental budgets.

The Neumanns are required to pay the county back for their legal expenses.

Their attorneys have said they plan to appeal the verdicts to a higher court.

Dale and Leilani Neumann allowed to visit family in California one last time before sentecning in October

The purpose of the family trip is to visit Leilani Neumann’s ailing grandmother, defense attorney Jay Kronenwetter said at Wednesday’s hearing. Most of Leilani’s family lives in California and the family is paying for the Neumanns and their three children to travel to the state, he said.

Howard ordered the Neumanns to surrender their passports before leaving Wisconsin and to call their probation officer once a week while gone.

Howard allowed the trip under the condition that the Neumanns return to Wisconsin by Aug. 30. That allows sufficient time for the Neumanns to be interviewed a second time by their probation officer before their Oct. 6 sentencing, he said. They face a 25-year prison sentence.

The Neumanns met with their probation officers for the first time Monday as the county probation and parole office prepares a presentence report. Such reports typically are generated by the office following felony convictions. They contain interviews and other background information the judge can use at sentencing.

A jury convicted Leilani Neumann on May 22 of second-degree reckless homicide and Dale Neumann on Saturday of the same offense.

Prosecutors argued that the Neumanns recklessly caused Madeline Kara Neumann’s death when they allowed her to suffer for 22 hours as her health deteriorated. The Neumanns prayed for her to recover instead of taking her to a doctor. Kara, as the girl was known, died March 23, 2008, from complications of undiagnosed diabetes.

Howard also lifted the gag order Wednesday he issued at the onset of the case. The order was made to avoid contaminating the jury pool, he said.

Defense attorneys Gene Linehan and Kronenwetter also reiterated that an appeal in both trials is forthcoming.

The parents convicted of reckless homicide in the “prayer death” of their daughter have been cleared to travel to visit their family in California.
//

In October, they will find out if and how much prison time they will serve.

Marathon County Circuit Court Judge Vincent Howard on Wednesday granted Dale and Leilani Neumann permission to leave the state, which had been forbidden under conditions of their bonds.

Dale Neumann is guilty of 2nd degree homocide

3:30 p.m. Neumann is found guilty

//

3:07 p.m. We have a verdict in the Dale Neumann trial. Updates coming soon.

2:25 p.m. For the first time today, the word Sunday is being mentioned in the courthouse. Judge Howard said that if the jury remains deadlocked, he will provide the jury instructions on how to proceed and that they would come back the next day.

It is not known how late the judge will let deliberations go tonight. However, there is still plenty of time left in the day to reach a verdict.

2:16 p.m. The jurors asked for a dictionary definition of the word “recklessly” and “omission.”

The attorney and judges agreed that the definition of recklessly is included in the jury instructions they were already provided.

The attorneys said the definition of the word “omission” can be derived from the context it is used in the jury instructions. Prosecutor LaMont Jacobson said it is also a common word people should understand.

“You’d think 1 of 12 would know what an omission is,” Jacobson said.

2:08 p.m. The jurors have another question and the attorneys have assembled in the courtroom.

It’s hard to believe that everyone involved in this case thought the verdict would have taken so long. The first trial took four hours. We’ve taken 5.5 hours today. However, this is a homicide case and the jurors appear to be taking this very seriously.

1:15 p.m. Sorry for the lack of updates. I just got back from the farmers market in Wausau where I picked up some lunch and talked to some people about the Neumann case. The case has defiantly created a buzz in the community.

The jurors just got back from a smoke break. Deliberation time is approaching 13 hours.

11:53 a.m. The courthouse staff is preparing to order lunch for the jurors. There have been no more questions from them. Since lunch will be here soon, I do not expect a verdict within the next hour.

10:56 a.m. The jury has deliberated for more than two hours this morning and recently had a smoke/fresh air break. It was interesting to see that they didn’t stay together as a group outside and split into two groups.

9:49 a.m. The jury asked Howard the following question:

“Was Dale’s belief in faith healing something that makes him not liable for not taking Kara to the hospital even though he was aware to some degree she was not feeling well.”

Prosecutor LaMont Jacobson, defense attorney Jay Kronenwetter and Judge Howard agreed that the jury should be instructed to re-read the law and instructions previously provided to them.

The jury’s other question was to request the transcripts of Dr. Ivan Zador, officer Scott Marten and Dale Neumann. However, those transcripts aren’t written yet and the attorneys and judge agreed that the juror should rely on their memory and notes from the trial

//

9:26 a.m. The jury has a question. We’ll see what’s up.

9:15 a.m. The jury has resumed deliberations this morning in Dale Neumann’s trial on a second degree reckless homicide charge.

Jurors were scheduled to report to the courthouse at 9 a.m., however breakfast was done early and they began work shortly after 8:30 a.m.

Jurors deliberated for about 9 hours Friday without reaching a unanimous verdict. Twice jurors sent notes to Judge Vincent Howard informing them they were deadlocked and asked for advice on how to proceed.

The first note was after six hours of deliberations and Howard told them to keep trying. The second time was at 8 p.m. and the Howard sent them home for the night.

Jury can’t decide the verdict on Dale Neumann’s trial

8:50 a.m. It’s verdict day at the Dale Neumann trial. Closing arguments are set to begin at 9 a.m. Jury instructions will follow and then the jury will begin deliberations.

9:10 a.m. The jury has been seated and Marathon County Assistant District Attorney LaMont Jacobson has begun his closing arguments.

Jacobson told jurors that Dale Neumann had a duty as a parent to provide necessary care for his daughter, Madeline Kara Neumann. He reminded the jurors that doctors testified that basic medical care — fluids and insulin — would have saved her.

Help at Saint Clare’s Hospital in Weston was just six miles from the Neumann home, available 24 hours a day, seven days a week, Jacobson said.

“His failure to act was a substantial factor in producing her death,” Jacobson said.

9:18 a.m. Jacobson describes Kara as being “nothing more than a big rag doll” the morning of her death. During that time the family made phone calls asking friends and family for prayers.“Had any of those calls been to 911, we wouldn’t be here today,” Jacobson said. “Kara would have been a happy, perky 12-year-old.”

9:28 a.m. Jacobson is describing the symptoms that Dale Neumann should have seen and testified to have seen in his daughter. Some symptoms included her being cold, tired, extreme thirst, being unable to eat, and frequent urination.

“Well into the day, of Sunday March 23, 2008, with medical attention Kara could have survived,” Jacobson said. “This defendant didn’t make this choice for his daughter.”

Jacobson said it was obvious that Dale has strong religious beliefs. He told jurors that religious freedom is absolute to beliefs, but not conduct, which can be regulated to protect society. Jacobson said this is a case about Dale’s conduct, not his religious beliefs.

9:32 a.m. Jacobson is driving home the point that the second-degree reckless homicide statute does not require a juror to consider the defendant’s state of mind.
//

9:45 a.m. Jacobson said Dale Neumann is conscious of his guilt and is minimizing what occurred.

“He is no different that a drunk driver than when stopped, says ‘I only had a couple beers,’” Jacobson said.

From state statutes:

940.06 Second-degree reckless homicide.
(1) Whoever recklessly causes the death of another human being is guilty of a Class D felony.

For a Class D Felony, the penalty is a fine of up to $100,000, or imprisonment of up to 25 years, or both.

9:55 a.m. When Jacobson began his closing arguments 30-plus minutes ago, he seemed tired. His voice was flat and unenergetic. Now he seems to have worked himself up.

I don’t want to describe him as angry, but he is speaking with an edge.

Jacobson appeared to be “bashing” Dale by comparing what he did to help Kara to what Leilani did. Leilani was the one who made all the phone calls to seek prayers, Jacobson said.

Jacobson said Dale was overcome with pride.

“He had to prove to himself he was strong in his faith, he neglected Kara’s suffering, and allowed her to languish for 22 hours,” Jacobson said.

10:00 a.m. Jacobson is done, Jay Kronenwetter is now making his closing arguments.

10:05 a.m.
Kronenwetter came out firing.

Kronenwetter said the dispatcher’s errors were a substantial factor in Kara’s death. The first 911 call from California 30 minutes before her death gave the road the Neumanns lived on and said a girl was in a coma. The caller spelled the Neumann name wrong, however.

“It was too much work I guess for a dispatcher to check out a couple different spellings,” Kronenwetter said.

Kronenwetter also said the state has failed to show any evidence that Dale was aware that that his action or inaction would cause Kara to die.

10:15 a.m. Kronenwetter advised jurors that they are not here to pass moral judgment or rewrite the law. He admitted that many people would find Dale’s behavior as reprehensible. However, Dale thought he was doing what was best for his daughter, Kronenwetter said.The prosecutors own witnesses said that Kara’s breathing appeared to be getting better as she neared death, leading the Neumanns to believe that the prayers were working, Kronenwetter said.

10:17 a.m. Kronenwetter is done, Jacobson is giving his rebuttal statements.

10:20 a.m. Jacobson is done and Judge Vincent Howard is giving the jury instructions on how they are to consider the law while deliberating.

Here are Kronenwetter’s final comments:

“Everyone feels for Kara. Everyone wishes she were still alive, no one more than Dale. And quite frankly, I don’t know how any of you not pause, hesitate, before coming to the conclusion that Dale Neumann would think medical attention would help his daughter and faith healing would not.”

“Dale Neumann is trusting in God, That is simply evident.”

10:40 a.m. Howard has excused the jury to begin deliberations.

10:59 a.m. The jury also has been finalized. The 14-person jury was comprised of eight men and six women — 12 jurors and two alternates. After a random drawing, the jury is now comprised of 6 men and 6 women.

11:47 a.m. The first hour of deliberation has come and gone without a verdict. The jurors have not asked the court for any evidence.

12:17 p.m. The jurors asked for and received phone records from the Neumann family land-line phone and Dale’s cell phone.

12:23 p.m. Not the most exciting update, but a tasty one. The jurors got to order Erbert and Gerbert’s subs today. I’ve seen several courthouse employees bringing Erbert and Gerbert’s sandwich bags back today. Personally, I went to Subway for lunch. Erbert and Gerbert’s might be dinner tonight.

12:48 p.m. Hour two has passed with no verdict. The jury took four hours at Leilani Neumann’s trial in May.

1:44 p.m. Three hours have passed with no verdict. There have been no more requests for information or evidence from the jury.The courtroom is currently locked. Prosecutors are in their office. I’m not sure where the Neumann family is at this time. Some members of the media are hanging out in the “media room,” a small conference room down the hall from the Branch 1 courtroom.

2:44 p.m. The jurors just requested additional phone records, a transcript of Dale’s interview with police and a smoke break. It’s been about four hours now, so I guess I can understand the need for a nicotine fix.

2:54 p.m. Four jurors back from their smoke break.

3:06 p.m. A bailiff brought in a box full of cans of soda. I guess they have addressed the nicotine and the caffeine fixes now. Deliberation time — 4.5 hours and counting.

3:45 p.m. We have reached the five-hour point in deliberations without a verdict.

4:26 p.m. The jury reportedly has a question. The bailiffs are looking for the judge and the attorneys who have scattered inside and outside the courthouse. I’ll have an update shortly on the nature of the question.

5:15 p.m. The jury has told Judge Howard that they are deadlocked and asked for instruction how to proceed.Howard told the jurors they will get dinner and will continue to deliberate for a few more hours. Howard added that it is too early to say a verdict can’t be reached in this case.

“The next step is to renew your deliberations with vigor,” Howard said.

5:36 p.m. The judge said the jury will deliberate until 8:30 p.m. or 9 p.m. tonight. If a unanimous decision cannot be reached by then, they will return on Saturday to deliberate.Courthouse officials have been able to get hotel rooms for the night for the jury.

6:12 p.m. Dinner from the Eagle’s Nest will be delivered to the jurors around 7 p.m. In the meantime they are continuing to deliberate. They have spent the past 7.5 hours trying to reach a verdict to no avail.

7:33 p.m. The jury apparently has some sort of question as the attorneys have been summoned back to the courtroom. We are approaching 9 hours of deliberation without a verdict.

A few points to note:

• An Oregon man was sentenced today to 60 days in jail and five years probation in a faith-healing case in that state, according to The Oregonian newspaper.

An Oregon jury acquitted Carl and Raylene Worthington of manslaughter on July 23 after seven days of deliberations. Carl Worthington was found guilty of criminal mistreatment and Raylene was acquitted of the charge.

The Worthingtons belong to the Followers of Christ Church and treated their daughter, Ava, with prayer. Ava died March 2, 2008 of bronchial pneumonia and a blood infection.

• The air conditioning shuts down in the evening which means it has gotten quite toasty inside. Several fans were brought in to the jury room to provide some relief. The rest of us huddled in conference rooms and hallways suffer without.

7:33 p.m. The jurors are still at an impasse and had the same vote as several hours ago, Howard said, reading a note from the jury.

The jury is being sent home for the night to their hotel and will reconvene at 9 a.m., Saturday.

They have deliberated for nine hours.

Dale Neumann describes his rebirth

8:55 a.m.Testimony is scheduled to get underway at about 9 a.m. in Dale Neumann’s trial. He is expected to testify in his own defense.

9:10 a.m. The second defense witness to testify in this case, Earl Schmidt, has taken the stand. Schmidt is Dale Neumann’s uncle.

9:20 a.m. Schmidt went to the Neumanns’ coffee shop on March 20, 2008 — three days before of Madeline Kara Neumann’s death. Schmidt testified that Kara appeared to be normal at the time.

“I was impressed to see a young gal energetic and busy at a job there,” Schmidt said.

9:25 a.m. A man who first met the Neumanns 20 years ago and rekindled their friendship about two years ago, is now on the stand. Defense attorney Jay Kronenwetter did not ask the man, James, to spell his last name and I have no clue how to spell it.

James had an interest in the Bible and attended the Neumann family Bible study sessions. James said he saw Kara about a week before her death and it appeared that the area under her eyes was dark.

9:33 a.m. Just got the spelling — it is James Neuens.Lynn Wilde, who met the Neumanns nearly four years ago, is testifying. She participated in the Neumann family Bible study sessions with the Peaslees, Wormgoors, and Neuens.

9:37 a.m. It appears the Neumann children are all in the courtroom. Seeing how witnesess have been sequestered throughout the trial, I’m guessing that they will not testify. One child testified at Leilani Neumann’s trial in May.

9:44 a.m. Wilde said that Leilani called her the day before Kara died and asked for prayers. The next day, Wilde said felt she should go to the Neumann home. Once there, Wilde said she saw Kara on a couch and prayed with the family for Kara to get well with worship music being played in the background.“I sensed from the Holy Spirit I needed to go there,” Wilde said.

10:20 a.m. Wilde said the Neumanns, herself and the Peaslees had communion at Kara’s side the day of her death. The purpose of communion was to make sure they had no sin, issues of unforgiveness or sins against each other, Wilde said.Kronenwetter asked if there were any signs that Dale was planning or thinking of taking Kara to a doctor. Wilde said “no

11:20 a.m. Sorry for the delay. After a brief break, it was decided that the attorneys will use the next couple of hours to prepare jury instructions.David Ells, who has an Internet ministry, is expected to fly to the Wausau area this afternoon. He will begin to testify around 1:45 p.m. and Dale Neumann is expected to be the final witness after that.

1:53 p.m. Eells flight was delayed in Chicago and might not make it here until 4 p.m., Kronenwetter just said. Dale will testify next.

2:08 p.m. The courtroom is filling up in anticipation of Dale’s testimony. More than 30 people are observing, including members of the Neumann family and employees of the district attorney’s office. Leilani’s testimony on Tuesday and Dale’s upcoming testimony has drawn the largest crowds this week.

2:10 p.m. Dale is now on the witness stand.

Dale said giving a video-tapped statement to police in the hours after his daughter’s death was one of the most difficult things he’s done.

“It was a difficult time. I don’t know if I was completely in the right state all the time,” Dale said.

2:19 p.m. Kronenwetter asked Dale about his religion …

“I am born again from above. Jesus Christ is my Lord. My savior, he has set me free. I am his, I am not my own,” Dale Neumann said.

Later Dale said, “Dale R. Neumann is dead, but Jesus Christ is within me.”

2:36 p.m. Dale said he attended Wausau West High School in the 1970s when drinking was acceptable, even when underage. Dale said he drank frequently, but even then, he felt uncomfortable with that lifestyle.

It wasn’t until he was in his 20s laying drunk on a hotel floor in Stevens Point hotel room that he called out to God in desperation to show him a better life.

The next day he went to a presentation by an Evangelist who was speaking at a local school and was invited to a church assembly. That same evangelist was there and spoke. Dale said he was captivated by the singing, clapping and the joy at the assembly.

Dale said he repented his sins that day and remembered yelling out loud, “God we are so blind!” He demonstrated that from the witness stand, causing the microphones to make a buzzing noise, when he yelled.

2:45 p.m. Dale appears to be very casual on the witness stand. He speaks excitedly about his rebirth after his baptism as a 20-something man In April 1982. His voice speeds up at times, and as I already noted, he will yell or speak softly as he sees fit.

2:55 p.m. Dale said he attend a Bible college in Stockton, Calif., from the fall of 1983 to June 1987 and graduated with degrees in theology and missions.The day after graduation, Dale married Leilani. They then returned to Wausau.

2:59 p.m. I forgot to mention Dale’s training was in the Pentecostal church.

3:08 p.m. Kronenwetter asked Dale why he no longer was a minister. Dale said he felt as if he was being disobedient to the word of God.

Dale responded reading from the Bible he carries with him — Matthew Ch. 7, verse 13-27.

Enter through the narrow gate; for wide is the gate and spacious and broad is the way that leads away to destruction, and many are those who are entering through it.

¹⁴But the gate is narrow (contracted ^[a]by pressure) and the way is straitened and compressed that leads away to life, and few are those who find it.^(A)

¹⁵Beware of false prophets, who come to you dressed as sheep, but inside they are devouring wolves.^(B)

¹⁶You will ^[b]fully recognize them by their fruits. Do people pick grapes from thorns, or figs from thistles?

¹⁷Even so, every healthy (sound) tree bears good fruit [^[c]worthy of admiration], but the sickly (decaying, worthless) tree bears bad (worthless) fruit.

¹⁸A good (healthy) tree cannot bear bad (worthless) fruit, nor can a bad (diseased) tree bear ^[d]excellent fruit [worthy of admiration].

¹⁹Every tree that does not bear good fruit is cut down and cast into the fire.

²⁰Therefore, you will ^[e]fully know them by their fruits.

²¹Not everyone who says to Me, Lord, Lord, will enter the kingdom of heaven, but he who does the will of My Father Who is in heaven.

²²Many will say to Me on that day, Lord, Lord, have we not prophesied in Your name and driven out demons in Your name and done many mighty works in Your name?

²³And then I will say to them openly (publicly), I never knew you; depart from Me, you who act wickedly [disregarding My commands].^(C)

²⁴So everyone who hears these words of Mine and acts upon them [obeying them] will be like a ^[f]sensible (prudent, practical, wise) man who built his house upon the rock.

²⁵And the rain fell and the floods came and the winds blew and beat against that house; yet it did not fall, because it had been founded on the rock.

²⁶And everyone who hears these words of Mine and does not do them will be like a stupid (foolish) man who built his house upon the sand.

²⁷And the rain fell and the floods came and the winds blew and beat against that house, and it fell–and great and complete was the fall of it.

“For me I was discontented… I was a hypocrite,” Dale said.

3:15 p.m. Dale testified that he was lacking a key ingredient in serving God by putting false idols before him. Dale said that religion, ministry, employment and his self ambitions were his idols.

Dale also told jurors that he has seen “cancers fall off in meetings,” women who couldn’t have children, have children after being healed by God, and women healed of breast cancer.

“I’ve seen physical healings in meetings I have attended and been part of,” Dale said.

3:25 p.m. Kronenwetter asked Dale how scripture commanded him not to seek medical attention. Dale replied by reading 1 Peter, Ch. 2, verse 21.

This is the second passage Dale has cited and read, but he has quoted other passages from memory.

“We have to learn to submit ourselves to (God’s) works,” Dale said. “That is obedience. That is faith in action.”

3:40 p.m. Dale just told the jurors a story how 10 years of back pain disappeared after he listened to the Holy Spirit in 2005 or early 2006. The Holy Spirit told him to destroy some books and figurines he had, and Dale said once he did that, the pain went away. That was a spiritual cause of a physical ailment, he said.“What ever it is Lord, I’ll do it. You set me free,” Dale Neumann said.

4:10 p.m. We’re back after a recess. Kronenwetter said during the break that Eells’ flight was delayed again. I’m not sure if he will be able to testify today or wait until tomorrow.

4:30 p.m. Dale is now answering questions about Kara’s final days.

Dale said that when Leilani came home from work on Saturday, the day before Kara died, the girl’s legs had a bluish color. They began praying for her and massaging her feet, which helped the blue color disappear, Dale said.

Later that night, Dale sent an E-mail to the Unleavened Bread Ministries in an attempt to ask David Eells for prayers to help Kara feel better.

Dale said the Neummans prayed continuously that evening before going to bed after midnight.

“It could have been flu, it could have been fever, but whatever it was, she was very sleepy,” Dale Neumann said. “It needed attention so we prayed for our faith.”

4:45 p.m. On Sunday, Kara was still limp and was asleep, said Dale, who was confident that Kara would get better.“Whatever it is will burn out of her body and we will rejoice with Kara after the fact,” Dale Neumann said

4:55 p.m. Kronenwetter: “At any point did you think Kara would die if you didn’t take her to a doctor?”
Dale Neumann: “No. Death wasn’t even in my mind.”

4:59 p.m. Dale tells the story of Lazarus rising from the dead and says that he believes in resurrection.“If we don’t believe in the resurrection of the dead, then we actually have no hope. No hope at all,” Dale said.

5:15 p.m. Dale said he was trying to make Randy Wormgoor feel better when he made a comment about thinking about a doctor as Kara neared death.

“I was trying to comfort him,” Dale Neumann said. “It is OK to have a thought like that. It is not detrimental to your faith.”

Kronenwetter asked Dale if he had anything else to the jury. Dale read from the Bible, Job, Ch. 1, beginning at verse 6.

Dale becomes emotional while reading about Job losing his 10 children.

“If I in a moment of crises and a moment of time I went to anyone else but the Lord, it would not have been favorable to God,” Neumann said. “It would have been idolatry and sin because it is disobedience.”

5:17 p.m. LaMont Jacobson has now begun his cross examination.

Throughout his more than three hours of testimony, Dale has spoken to the jury. He makes frequent eye contact and appears to engage them in his testimony. When he was discussing his faith, Dale told them how he was trying to do this to help them better understand his religious background.

Often on the witness stand, people look straight forward, down at the microphone or only at the attorneys.

5:44 p.m. LaMont Jacobson questioned Dale’s memory of Kara’s condition in her final days and the accuracy of the statement he gave to police hours after her death. Kronenwetter is now asking Dale a few questions as it appears his testimony is wrapping up after 3.5 hours.
// <![CDATA[// 5:59 p.m. Dale is off the stand. We are still waiting to find out if Eells will testify today or not.

6:10 p.m. Eells will not testify and the defense has rested. There will be no additional witnesses to testify. Closing arguments will be made Friday morning.

Day 3 of Testimony in Dale Neumann Homicide Trial

9:09 AM: State calls Scott Sleeter, a captain and lead investigator with the Everest Metro Police department.

9:30 AM: In video Dale tells investigator, “We are people of faith, walk by faith, everything has to do with faith.”

9:42 AM: In video Dale says in the last two weeks before Kara’s death, “she seemed a little weak, a little slower, and that’s where we pray, trust in the Lord.”

9:48 AM: In video Dale says two days before Kara died, “We didn’t sense it was a life or death situation; we were praying and trusting the Lord.”

10:12 AM: In video Dale tells investigator, “The Lord is in control. He can heal and he can raise the dead too.”

10:29 AM: In video Dale says why he didn’t go to the doctor is because, “Our confidence is not in medicine, our confidence is not in doctors, our confidence is in the Lord and Him only.”

10:35 AM: In video Dale reads scriptures. When Investigator Sleeter asks him if he believes Kara can come back from the dead, he responds, “yeah.”

10:53 AM: First break of the morning.

11:20 AM: Elvira Neumann, Dale’s mother takes the stand. She talked to the family when she heard Kara was sick and urged to take her to the hospital.

11:26 AM: Elvira testifies she raised Dale as christian, but can’t believe what happened, because she could never watch any of her own children die.

11:30 AM – 1:00 PM: Lunch break.

1:10 PM: State calls Dr. Joseph Monaco, pediatrician at St. Claire’s Hospital in Weston.

1:17 PM: Dr. Monaco testifies when he first treated Kara at the hospital, “she looked very, very emaciated and wasted.”

1:24 PM: Dr. Monaco says the Neumann family didn’t ask why Kara died, which he remembers as unusual.

1:54 PM: State rests.

2:14 PM: Defense attorney Jay Kronenwetter calls Luann Esko to the stand, a customer of Neumann’s former busines Monkey Mo. She says she saw Kara at the business on the Thursday before her death..tesifies she was perky, chipper and smiling.

2:21 PM: Court adjourned for the day.

Dale Neumann, 47, is on trial for second degree reckless homicide in the death of his daughter Kara, 11.

Kara died of untreated diabetes in March of 2008.

Prosecutors say Neumann recklessly killed her by refusing to seek medical treatment for her, and instead relying on prayer to heal her.

The defense says Neumann did what he believes is right, that is trusting in God for his daughter’s recovery.

Neumann’s wife Leilani was convicted of the same charge in May.

om stunningn Testifies Kara Neumann Could Have Been Saved Moments Before Death

It’s Dale Neumann’s defense attorney’s chance to present his case, as prosecutor’s wrap theirs.

Neumann, 47, is on trial for recklessly killing his 11-year-old daughter Kara by not taking her to the doctor when she was dying of diabetes.

His attorney says Neumann did what he believed was right: to pray and trust in God to heal her.

On a police video recorded the night of Kara’s death that was shown to jurors Wednesday, Neumann told an investigator that his confidence is not in medicine or doctors, but in the Lord and Him only.

He also said sickness is caused by sin, yet said it wasn’t his sweet daughter’s fault she died.

The jury heard from the pediatrician who treated Kara when she arrived at St. Claire’s emergency room the day she died.

Dr. Joseph Monaco testified Kara would have had a chance of survival had she been brought in just moments before her heart stopped.

When Assistant District Attorney LaMont Jacobson asked him whether the Neumanns asked what caused Kara’s death, he remembered something unusual.

“It is my best recollection the family did not ask me why their daughter died and I remember that clearly because just about every family I’ve ever dealt with has asked me that,” Dr. Monaco said.

Defense attorney Jay Kronenwetter called his first witness Wednesday afternoon.

Lou Anne Esko was a customer at the Neumann’s former business Monkey Mo Coffee. She testified that she chatted with Kara just three days before she died and was shocked to learn of her death.

“My God she waited on me Thursday morning and there was nothing wrong with her, as I described earlier she was perky and peppy and bright as she always was,” Esko testified.

But when Neumann’s mother Elvira took the stand, she said she didn’t agree with her son and “could never watch either of her children die.”

Neumann will get a chance to tell his story, he’s expected to take the stand himself.

Dale Neumann’s trial continues,Leilani testifies for 4 hours on behalf of divine healing

9:09 a.m. Court has begun and Leilani is taking the stand now.

9:19 a.m. Leilani told jurors that Dale calls the children by their first names and she calls them by their middle names. Throughout the trial, the Neumanns’ daughter is referred to by the attorneys by both Madeline and Kara. The Daily Herald has used the name Kara as that is the name she is most often referred to.

9:31 a.m. LaMont Jacobson, a senior attorney for the District Attorney’s office, is questioning Leilani. So far he has asked generally background questions, such as naming her children, husband, where she lives and describing the layout of her homes.

When asked why move from California to Wisconsin, Leilani said, “We care about the spiritual needs of the county.”

From her testimony: Dale’s family was from the Wausau area. While living in California, Leilani said material things began to not matter as much. They decided to take their California ministry back to Wisconsin.

9:45 a.m. Leilani’s answers to Jacobson’s questions are often long and she has a story for every answer when Jacobson was aiming for a short response.Leilani is answering the questions energetically. Other than having trouble remembering dates, she has been answering all of Jacobson’s questions, even if they are long-winded responses.

9:57 a.m. Jacobson was becoming frustrated when Leilani would not answer his question if she believed sickness is caused by sin with a yes or no answer.

Leilani tried to explain that God doesn’t want people to harbor disobedience and unforgiveness inside themselves and that there is a spiritual root cause to sickness.

“Answer yes or no. Maybe I’m too stupid to understand otherwise,” Jacobson said.

10 a.m. Courthouse security decided to put up the metal detectors today outside the courtroom. The metal detectors were up every day during Leilani’s trial in May with the expectation of large crowds. As it turns out, the courtroom audience was small and there were no problems.I’m guessing because Leilani was expected to testify today, security decided to take the precaution.

10:08 a.m. Jacobson asked Leilani about Kara’s condition Friday night, two days before she died. The Neumanns had a Bible study that night and she had noticed Kara was tired. She did not think anything was wrong with Kara so she did not cancel the Bible study.I love my children. If I sensed I needed to watch her closer, I would have,” Leilani Neumann said.

“I’m a mother and I love my children. If I sensed I needed to watch her closer, I would have,” Leilani Neumann said.Prior to that, Leilani had an interesting comment describing the family’s Bible study sessions at the coffee shop.

“It’s casual Bible study, but the word of God is intense,” Leilani said.

10:30 a.m. Leilani testified that she became scared when she discovered how pale and cold Kara was after coming home from work on Saturday, the day before Kara’s death.The family then began to pray for her, she said. Kara was carried to an upstairs bedroom because she was too weak to walk, Leilani said.

10:37 a.m. Leilani told juors that it was Dale who sent an E-mail to David Eells, who leads an Internet minisitry. In the E-mail, the Neumanns asked for emergency prayer for Kara who was pale and very weak. She could not recall who made the final decision to sent the E-mail.

11:10 a.m. We are taking a break after nearly two hours of testimony from Leilani. Judge Howard seemed frustrated by the slow pace, considering the prosecutors listed six witnesses to testify this morning. Howard said if things don’t change, court sessions might have to take place in the evening.
// 11:19 a.m. Court is back in session. Howard indicated that court will resume this evening after the jury eats dinner.

11:55 a.m. I just noticed that a second petition has been placed on the American Liberty Radio Web site to disbar a court official in connection with the Neumann case.Previously, The Daily Herald reported that a petition was created to disbar Jill Falstad, the former district attorney who prosecuted the Leilani Neumann trial. She has since taken the bench as a circuit court judge.

Now there is a petition on the Internet site to disbar Judge Vincent Howard, who has presided over both Leilani and Dale’s trials.

“We believe that the actions of Marathon County, WI Circuit Court Judge Vincent Howard clearly warrants the legal revocation of his law license and that an investigation by the state of Wisconsin be conducted into the Judicial Misconduct of Judge Vincent Howard and all court and police officials involved in the malicious prosecutions of both Dale and Leilani Neumann,” the petition says.

The Falstad petition has garnered 413 signatures and Howard’s has 53 signatures, according to the Web site.

11:59 a.m. Jacobson ends his questioning so a lunch break will be taken. I’ll be back at 1 p.m.

1:10 p.m. Court is back in session. Leilani Neumann is still on the stand, being cross-examined by Dale’s attorney Jay Kronenwetter.

1:25 p.m. Leilani spoke briefly about the family’s former coffee shop, Monkey Mo in Weston, where they held Bible study sessions. “Work, play, ministry are one. We never separate them,” Leilani Neumann said. “Monkey Mo was a way to be together with our own family It was our second home. … When people found out we were open to spiritual issues, we would talk for hours.”

1:55 p.m. Leilani made more comments about her religious beliefs, the role of healing and doctors.

“We are not against the people (doctors). The practice we consider not biblical,” Neumann said.

Leilani said there are two types of medicine in the Bible, spiritual and natural.

When the Neumanns came to Wisconsin, Leilani said she began to pray to better understand divine healing and to trust God completely.

“I remember very vividly when the Lord put it very heavy on my heart to believe in divine healing,” Leilani Neumann said.

Leilani said she had suffered allergies and anxiety attacks, but when she recognized the spiritual cause of the ailments, she was healed instantly.

2:02 p.m. Judge Howard asked Leilani to keep her answers shorter instead of giving long, narrative answers.“Keep it short and you might get off the stand yet today,” Howard said

2:05 p.m. I guess Leilani will get off the witness stand today. Jay Kronenwetter ends his cross-examination. LaMont Jacobson is asking another round of questions.

2:23 p.m. Leilani’s testimony is done.“Everything for us is about faith,” Leilani Neumann said. “It’s about trusting in God. We have to believe God’s word or you don’t. It’s a test every second of our lives.”

2:29 p.m. Dr. Michael Stier, who performed the autopsy on Kara, is now testifying.

Dale Neumann trial testimony begins

9:01 a.m. Day one of witness testimony is about to get under way in the Dale Neumann trial. The morning will feature the testimony of Everest Metro Police offers and EMTs who were among the first to respond to the scene.

9:30 a.m. The first witness to testify is Susan Neumann, who is married to one of Dale Neumann’s brothers.

In the days after Kara’s death, Susan Neumann said she was afraid the family would commit suicide. Dale Neumann had worked at a prison in California and Susan Neumann said she thought he would not want to go to prison if convicted, based on his experiences working there.

10:06 a.m. The jury was excused for several minutes while assistant district attorney Lance Leonhard and defense attorney Jay Kronenwetter spoke with Judge Vincent Howard. Kronenwetter has been asking a lot of questions of this first witness and Leonhard objected to some of the questions.

Kronenwetter has been asking questions to get to Susan Neumann’s credibility and her motivation for going to police in the days following Kara’s death.

Susan Neumann said she went to police concerned for the children’s safety. During a meeting with the Neumann family two days after Kara’s death, Susan said she asked Dale if he would have done anything differently. Susan said Dale’s response was “No.”

Madeline Kara Neumann, 11, died March 23, 2008 from complications of diabetes. Prosecutors say that Dale and his wife, Leilani Neumann, prayed for Kara’s recovery instead of seeking traditional medical help.

10:15 a.m. Ariel Neff is now testifying, Neff is the one who called the Marathon County Sheriff’s Department from California on March 23, 2008 to tell them that Kara was gravely ill.10:18 a.m. The fire alarms just went off in the courthouse. Courthouse personnel advised that a three-year-old child pulled the alarm. Howard decided now would be a good time for a mid-morning break.

10:59 a.m. Prosecutors played the three phone calls Neff made to the Sheriff’s Department for the jury. Neff was driving from northern California to her new home in southern California when she made the calls. She admitted exaggerating to dispatchers when she said Kara was sick for a week and that Leilani would fight if an ambulance arrived.

Neff said she was told by family member that Kara was in a coma.

“When it came down to it, a little girl was dying,” Neff said.11:55 a.m. Weston EMT Jason Russ is now testifying. He was working the day Kara died and responded to the Neumann home.12:05 p.m. Court is taking a lunch break. Back around 1 p.m.

1:19 p.m. Court is back in session and Leilani Neumann appeared briefly before Judge Howard. Prosecutors gave Leilani Neumann immunity and might call her as a witness to testify in her husband’s trial. Leilani Neumann, who was convicted of second-degree reckless homicide in May, would not have her testimony used against her in future court proceedings. She is scheduled to be sentenced Oct. 6LaMont Jacobson, a co-prosecutor in the case, said it would depend upon the testimony of other witnesses if Neumann would be called to testify.

Because the victim in this case is a child, the Neumanns are not protected by husband-wife privileges under Wisconsin state law, Jacobson said.

I’ll try to get clarification of the impact of Leilani Neumann’s immunity on her case and Dale’s case later today.

1:47 p.m. During questioning by defense attorney Jay Kronenwetter, it was noted that it took 16 minutes for a Weston ambulance to drive a little more than six miles from the Neumann home to Saint Clare’s Hospital.

Kara was not breathing and did not have a pulse at the time, EMT Jason Russ testified. The Weston ambulance stopped at one point on the roadway and got cardiac medication from a responding Wausau paramedic that carries advanced lifesaving supplies.

Russ said his ambulance stopped long enough for a Wausau paramedic to come on board. During that time. CPR was continued on Kara, he said.

Kronenwetter noted that Saint Clare’s emergency room has those medications and it might have taken only seven or so minutes to drive there without stopping.

2:07 p.m. Hyden Prausa, a Wausau paramedic who boarded a Weston ambulance with advanced life support supplies, is now testifying.

Prausa said he asked the on-board EMT’s if Kara had muscular dystrophy or cerebral palsy, based on her appearance. He described Kara as looking malnourished, pale and skeleton-like.

“She looked very sickly,” Prausa said.

Prausa testified that he gave Kara medication to attempt to restart her heart while CPR was ongoing.

2:15 p.m. During questioning by Jacobson, Prausa explained why the Weston ambulance was intercepted by a Wausau paramedic.Prausa said that the paramedic’s goal is to provide the highest level of care as soon as possible. In this case, advanced life support care was given to Kara five minutes sooner than if she rode straight to the hospital.2:59 p.m. The fire alarms have gone off for a second time today. Not sure why yet, but court was interrupted for about 15 minutes.Dr. Choon P’ng, Medical Director of the Emergency Services at Saint Clare’s Hospital was on the stand when the alarms went off.

3:47 p.m. Dr. P’ng’s testimony continues. Kronenwetter is asking many questions about Kara’s glucose and potassium levels and tests conducted to measure these.

P’ng said this is one of the most advanced cases of diabetic ketoacidosis, a complication of diabetes, that he has seen in 21 years of practicing medicine.

4:05 p.m. Dr. Ivan Zador, a pediatric endocrinologist who reviewed Kara’s medical records after her death, has taken the witness stand.

Judge Howard said earlier this afternoon that he wants to have Zador complete his testimony before the court calls it quits for the day.

4:23 p.m. A summary of Dr. Zador’s explanation of diabetic ketoacidosis:

The body can’t use sugar in the body, so it breaks down fat as a source of energy. The end product of fat breakdown is acids called keto acids. Eventually the blood becomes acidic, called ketoacidosis.

Symptoms are mild at first, but it can become severe within a few days. As it becomes more severe, it can lead to death because it is impossible for cells and organs to work.

A symptom is rapid breathing, which the body does to try to breath out the acid.

The body can’t use sugar in the body, so it breaks down fat as a source of energy. The end product of fat breakdown

Zador said that 998 of 1,000 patients with diabetic ketoacidosis will survive with treatment.

4:30 p.m. Court is a bit behind schedule today thanks to long testimony, questioning and two fire alarms.

Leilani Neumann is scheduled to be the first witness to testify on Tuesday. She did not testify in her own defense at her trial in May. She was granted immunity today, which means her statements will not be used against her in future court proceedings.

Leilani is sequestered and cannot be in the courtroom at this time to observe the proceedings.

Two families who used to worship with the Neumanns and were at the Neumann home the day Kara died, the Wormgoors and the Peaslees, also are scheduled to testify Tuesday.

Neumann attorney: Doctors’ treatment would have killed girl

The defense attorney for a man accused of reckless homicide in the death of his 11-year-old daughter told a jury this morning that doctors’ treatment plans for the girl would likely have killed her.

Jay Kronenwetter made the statement during his opening remarks for the trial of his client, Dale Neumann. Neumann is charged with second-degree reckless homicide in connection with the March 23, 2008 death of Madeline Kara Neumann. Neumann is accused of praying for his daughter’s recovery as she was dying from complications of diabetes.

Marathon County Assistant District Attorney Lance Leonhard told a jury of eight men and six women that Neumann should have seen the signs that Kara, as the girl was known, was seriously ill and should have been taken to a doctor. Family members as far away as California urged the Neumann family to take Kara to a doctor, Leonhard said.

“This is not a case of a parent’s right to raise kids as they see fit or the parent’s right to pray,” Leonhard said. “It’s about Madeline Kara Neumann’s needless suffering and death.”

Kronenwetter said that Neumann’s faith guides his life and his decisions. The family never knew Kara had diabetes nor were they told at the hospital that she died from complications of the illness.

Kara’s symptoms were far from typical for this complex disease, and furthermore, that doctors likely would have made mistakes in her treatment if she were brought to the hospital alive, Kronenwetter said.

“I think the evidence in (the doctors’) own testimony will show you that quite likely what they would have done, the standard procedure, would have hastened Kara’s death because of the way diabetes was operating in her body,” Kronenwetter said.

The trial resumes Monday with the first witnesses being called, including two doctors and Dale’s wife, Leilani Neumann. Leilani Neumann, Kara’s mother, was convicted of the same charge May 22. She will be sentenced Oct. 6.