By Calvin Palmer
The Wisconsin mother accused of second-degree reckless homicide in her daughter’s death from untreated diabetes decided today to call no witnesses in her defense.
Leilani Neumann, 41, is standing trial for the death of her 11-year-old daughter Madeline Kara Neumann, on March 23, 2008, at the family’s rural Weston home.
Her attorney, Gene Linehan, said the decision to rest the defense’s case was reached after prosecutors agreed to tell the jury that to a “casual observer” Madeline Kara appeared healthy on March 20, 2008, three days before she died of untreated diabetes.
Prosecutors contend a reasonable parent would have known something was gravely wrong with Madeline Kara, who had become so weak she was unable to talk or walk. They say Neumann recklessly killed her daughter by praying instead of rushing her to a doctor.
Judge Vincent Howard recessed the trial until tomorrow morning for closing arguments.
Neumann’s mother, Evalani Gordon, 62, of San Diego, California, said her daughter was comfortable with the decision to offer no defense witnesses, believing God has “influenced” Linehan to give wise counsel.
Gordon said she told her daughter on the morning that Madeline could not walk, talk or drink to take the girl to a doctor for at least a medical checkup.
But Gordon said she is now proud that her daughter displayed such strong faith in God, a stronger faith than hers at that moment.
“It was a tragic loss and we miss our granddaughter very much,” the grandmother said. “But we believe God had a purpose in taking her. We don’t understand, but God’s ways are perfect and sure.”
In a videotaped interview played to the court yesterday, Neumann said that the Lord was going to take care of her daughter and all she needed was prayer.
“It did scare me with her being cold,” Neumann told an Everest Metro Police Department detective. “I just believed the Lord is going to heal her. I never thought she was close to death. … It was just like this all happened so suddenly. She just looked skinny all of a sudden.”
Neumann told police she did not oppose doctors and medicine but that Madeline Kara had not seen a doctor since she was three and had never been sick. The family believes in “divine healing” by trusting the Lord.
“I just felt that, you know, my faith was being tested. I never went through an experience like that before in my life and I just thought, man, this is the ultimate test,” she said. “We just started praying and praying and praying over her.”
The interview occurred several hours after Madeline Kara died. Neumann told the detective she believed her daughter would come back to life.
“It may be crazy to you but that’s why I’m not crying and wailing right now,” she said.
Neumann said her husband briefly considered getting their daughter to a doctor.
“I said, `No, the Lord’s going to heal her.’ I believed that God was going to just restore our daughter,” she said.
If convicted Neumann faces up to 25 years in prison.
Her husband, Dale, 47, is scheduled to face trial on July 23.
The case offers many constitutional, religious, medical and ethical complexities.
It’s all tangled up like a bowl of spaghetti,” said Milwaukee criminal defense attorney Raymond M. Dall’Osto.
He said one of the questions raised is whether a parent’s First Amendment right supersedes the need to act in a child’s best interests.
“Diabetes is not curable, but it is manageable and people do not have to die from it,” he said. “So the question is, can parents make that decision for a child, or should someone step in and have acted in the child best interests? The law is not clear.”
Madison defense attorney Dean A. Strang suggested that another issue is whether the parents were aware of the risk involved with relying on divine intervention, rather than medical treatment.
“I would be aware of the risk of not taking someone to the doctor,” said Strang. “But if my belief system is so greatly tilted toward divine power, I think I might appreciate the risk as I’m not praying hard enough, have not purged myself of sin, or whatever.”
Strang also questioned the motive of the prosecution in the case and said that while tragic and horrible, the trial likely will do little to dissuade other parent’s behavior in the future.
“It’s a treacherous road to be going down,” he said. “I don’t know who is on the jury, or how Leilani Neumann will be perceived, but the whole prospect of going down this road doesn’t lead to a very good outcome for anyone.”
Dall’Osto did not speculate on whether jurors will be sympathetic to Neumann, but said given that diabetes is a medically treatable disease the question of whether Kara Neumann had to die will be raised.
“I’m not sure how it’s going to play with jurors, since the majority are likely more main line religious or not at all,” he said.
[Based on reports by newsday.com, Associated Press and Wisconsin Law Journal.]