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Opening Statements in Neumann's Trial Submitted: 05/16/2009
WAUSAU - More than a year after her daughter's death, Leilani Neumann's trial begins.

Attorneys got their first chance to address the jury with opening statements at the Marathon County Courthouse in Wausau.

"This case is not about the strength of the defendant's faith or her right to pray. This case is about the needless suffering and death of an 11 year old child," says LaMont Jacobson, the Assistant District Attorney for Marathon County described the last days of Madeline Neumann's life. He said doctors claim the 11 year old could have been saved if her parents had sought medical attention, "Dr. Stier's opinion is that Kara's chances for recovery ended only when she stopped breathing."

During Jacobson's opening statements Leilani Neumann fainted. EMS were called to the scene where paramedics decided she was healthy enough to continue. Jacobson ended by telling the jury the prosecution's job in this case, "Two things must be proved to convict the defendant of second degree reckless homicide, that a death occurred as a result of the defendant's actions and that the defendant knew those actions involved a risk of death or great bodily harm."

Immediately after Jacobson finished Defense Attorney Gene Linehan began his opening statement. He said, "This will be a very sad case. There are no winners here. We have a dead child and also a mother with a lost child."

Linehan says Leilani Neumann will get the chance to tell her side of the story, "Leilani's going to take the stand and tell you exactly how it is."

According to Linehan, Neumann did not know her child was going to die and she truly believes she did the right thing by praying, for Madeline or Kara as she was called by family.

Linehan says, "She will also tell you she honestly believes that she has done absolutely the right thing for her daughter, not only that, but it's what her daughter would have her wanted to do, Kara was also a very religious person."

Both the proscutor and the defense attorney told the jury members it is up to them to make a decision once they've seen and heard all of the evidence and testimony in the case.

After opening statements, Judge Vincent Howard announced his decision on the prosecution's motion to withold testimony from an expert in faith-based healing for the defense. Judge Howard said his ultimate decision is that such testimony is not clearly relevant to the case and will therefore not be allowed.


Story By: Alex Ronallo

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