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Judge orders parents to stand trial in prayer death case
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Author:  Hex [ 12 Jun 2008, 12:05 ]
Post subject:  Judge orders parents to stand trial in prayer death case

Judge orders parents to stand trial in prayer death case

WAUSAU, Wis. (Map, News) - A judge Tuesday ordered parents to stand trial on reckless homicide charges for praying instead of seeking medical help as their 11-year-old daughter died of diabetes.

Marathon County Circuit Judge Vincent Howard issued his order after Dale and Leilani Neumann waived their right to a preliminary hearing - a proceeding where prosecutors must present sufficient evidence to justify the charges.

Defense attorneys said it was in the parents' best interests to forego the proceeding, but they did not elaborate. No date was set for the couple to enter pleas.

Earlier Tuesday morning, Howard rejected a defense motion to dismiss the charges, ruling the criminal complaint sufficiently spelled out why the couple was charged with second-degree reckless homicide. The document had enough information for the couple to mount a defense, he said.

"The complaint does not necessarily have to lay out the theory of the case," Howard said.

Defense attorneys had argued the complaint did not tell the couple how they caused their daughter's death as their actions - praying, providing food and giving CPR - did not kill her.

An autopsy determined Madeline Neumann - called Kara by her parents - died at the family's rural Weston home on Easter Sunday from undiagnosed diabetes. The girl likely had symptoms for several weeks or months, court records said.

Prosecutors contend Kara could not speak, eat, drink, walk or breathe easily for about 48 hours before she died - giving her parents enough warning to seek medical help. The parents failed in their legal duty to care for the child, prosecutors have claimed.

Leilani Neumann, 40, has said the family believes in the Bible, which says healing comes from God, and never expected Kara to die. The parents told investigators the girl had not been to a doctor since she was 3.

...

Author:  Hex [ 17 Sep 2008, 12:06 ]
Post subject:  Father renews call to dismiss homicide charge

Father renews call to dismiss homicide charge

By ROBERT IMRIE

WAUSAU, Wis. (AP) - If a couple accused of killing their 11-year-old daughter by praying instead of seeking medical care goes to trial, the courts will wrongly become entangled in constitutionally protected religious matters, an attorney argued Tuesday.

A 19-page brief filed in Marathon County Circuit Court outlines an expected long legal fight on whether Dale and Leilani Neumann can be prosecuted for second-degree reckless homicide under Wisconsin law because they prayed instead of taking their daughter to the doctor as she died of diabetes.

Their attorneys have asked a judge to dismiss the charges, arguing the law is "unconstitutionally vague" as it applies to the allegations in the complaint. The defendants also contend the charges unconstitutionally infringe on their right to freely exercise their religion.

...

Attorneys for both sides have declined comment about the case, citing a judge's gag order that banned them from talking about it outside the courtroom.

An autopsy determined Madeline Neumann — called Kara by her parents — died from undiagnosed diabetes at the family's rural Weston home on Easter. The girl likely had symptoms for weeks and perhaps months before she died, court records said.

...

Author:  Hex [ 15 Oct 2008, 13:55 ]
Post subject:  Prosecutors counter prayer parents' dismissal arguments

Prosecutors counter prayer parents' dismissal arguments

By Jeff Starck

Wausau Daily Herald - The parents of an 11-year-old girl who died when the couple reportedly chose to pray for her recovery should have known to seek medical attention, prosecutors say.
Advertisement

The Marathon County district attorney's office filed a 10-page brief Monday asking a judge to not dismiss second-degree reckless homicide charges against town of Weston residents Dale and Leilani Neumann.

Madeline Neumann, who was known as Kara, died on Easter from undiagnosed complications of diabetes, according to a medical examiner's report.

The Neumanns' attorneys argued that the law is "unconstitutionally vague" as to the allegations in the criminal complaint and asked a judge in September to dismiss the charges. In addition, the Neumanns say the charges infringe upon their right to practice their religion and that they did not have "fair notice" that their actions were inappropriate.

Prosecutors disagree and cited a U.S. Supreme Court ruling that "the right to freely practice religion does not include liberty to expose the community or a child to a communicable disease or the latter to ill health or death."

"Simply put, the parents have a right to practice their religion. The child has a right to live," prosecutors wrote in the brief.

Kara Neumann likely had symptoms for weeks, and possibly months, before she died, and she struggled to eat or walk in the days leading up to her death, according to court records.

"The suggestion by the defendant that parents don't instinctively know their obligations to their children is frightening and without merit," prosecutors wrote.

Marathon County Judge Vincent Howard previously said that there is no legal precedent in Wisconsin for settling the dispute, and courts in four states have ruled on similar disputes with differing results, according to the brief.

...

Author:  Hex [ 04 Aug 2009, 14:43 ]
Post subject:  Wis. dad of dead girl says he trusted God to heal

Wis. dad of dead girl says he trusted God to heal

By ROBERT IMRIE (AP)

WAUSAU, Wis. — A central Wisconsin father charged with reckless homicide for not taking his dying daughter to a doctor told police that he believed God would heal her and that he thought she was simply sleeping when she became unconscious.

Madeline Neumann died on March 23, 2008, from undiagnosed diabetes on the floor of the family's rural Weston home as people surrounded the 11-year-old girl and prayed. Someone called 911 when she stopped breathing.

Prosecutors contend her father, Dale Neumann, had a legal duty to take his weakened daughter to a doctor. A videotape of his interview with police after her death was shown to jurors during his trial Wednesday before prosecutors rested their case.

Neumann, 47, told the judge that he planned to testify in his defense.

...

Author:  Hex [ 04 Aug 2009, 14:45 ]
Post subject:  Man guilty in prayer death of daughter

Man guilty in prayer death of daughter

WAUSAU, AP — A Wisconsin man accused of killing his 11-year-old daughter by praying instead of seeking medical care was found guilty Saturday of second- degree reckless homicide.

Dale Neumann, 47, was convicted in the March 23, 2008, death of his daughter, Madeline, from undiagnosed diabetes. Prosecutors contended he should have rushed the girl to a hospital because she could not walk, talk, eat or speak. Instead, Madeline died on the floor of the family's rural Weston home as people surrounded her and prayed. Someone called 911 when she stopped breathing.

Neumann's 41-year-old wife, Leilani, was convicted on the same charge in the spring and is scheduled for sentencing Oct. 6. Both face up to 25 years in prison.

Their case is believed to be the first in Wisconsin involving faith healing in which someone died and another person was charged with a homicide.

The six-man, six-woman jury deliberated about 15 hours over two days before convicting Neumann. Jurors submitted four questions to Marathon County Judge Vincent Howard before reaching a verdict. In one, the panel asked whether Neumann's beliefs in faith healing made him "not liable" for not taking his daughter to the hospital even if he knew she wasn't feeling well.

...

Author:  ronaldlupe [ 19 Sep 2009, 08:14 ]
Post subject:  Re: Father renews call to dismiss homicide charge

Hex wrote:
Father renews call to dismiss homicide charge

By ROBERT IMRIE

WAUSAU, Wis. (AP) - If a couple accused of killing their 11-year-old daughter by praying instead of seeking medical care goes to trial, the courts will wrongly become entangled in constitutionally protected religious matters, an attorney argued Tuesday.

A 19-page brief filed in Marathon County Circuit Court outlines an expected long legal fight on whether Dale and Leilani Neumann can be prosecuted for second-degree reckless homicide under Wisconsin law because they prayed instead of taking their daughter to the doctor as she died of diabetes.

Their attorneys have asked a judge to dismiss the charges, arguing the law is "unconstitutionally vague" as it applies to the allegations in the complaint. The defendants also contend the charges unconstitutionally infringe on their right to freely exercise their religion.

...

Attorneys for both sides have declined comment about the case, citing a judge's gag order that banned them from talking about it outside the courtroom.

An autopsy determined Madeline Neumann — called Kara by her parents — died from undiagnosed diabetes at the family's rural Weston home on Easter. The girl likely had symptoms for weeks and perhaps months before she died, court records said.

...


oh no..why this people involve with this case, its you daughter, how could you do this thing..


_________________
Orange County's best criminal attorneys

Author:  Tom14 [ 25 May 2017, 16:06 ]
Post subject:  qwerty

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