LAKEPORT — Attorneys in the Glenn A. Neasham preliminary hearing completed the presentation of evidence Friday afternoon but the presiding judge delayed ruling, saying he needed more time to review relevant documents.
Judge Richard C. Martin presided. Attorney Mitchell Hauptman represented Neasham, and deputy district attorney Rachel Abelson represented the Lake County District Attorney”s Office.
Neasham, 51, faces one felony charge of theft from an elder or dependant adult exceeding $950, as well as two special allegations, one of which stipulates that the theft exceeded $100,000.
The results of a California Department of Insurance (CDI) investigation allege that Neasham, who operates Neasham Financial, Insurance and Retirement Planning in Lakeport, acted illegally when he sold a $175,000 annuity to a local woman, then 83 years old, in February 2008.
The Lake County DA”s Office arrested Neasham in December 2010, and Neasham pleaded not guilty to the felony charge, and denied the special allegations, in February.
The preliminary hearing reconvened around 11 a.m., beginning with the testimony of Lake County DA”s Office elder abuse investigator Martina Santor, the lone witness called Friday.
Santor said she interviewed the alleged victim in April 2008, after being referred the complaint the previous month. The alleged victim, Fran Schuber, and her longtime boyfriend, Louis Jochim, participated in the 20-minute interview, Santor said.
Schuber “instantly” showed recognizable signs of memory loss, Santor said, leading the investigator to conclude during the interview, which occurred almost two months after the investment transaction, that Schuber “was clearly suffering from dementia.”
Hauptman attempted to establish during cross-examination that Santor recognized signs of dementia because of her specialized training and experience, and that a layperson, such as Neasham, may not have picked up on those same signals.
Schuber did not express being unhappy with the transaction or the annuity itself during the April 2008 interview, according to Santor.
The attorneys presented final arguments after Santor”s testimony. Hauptman said the evidence showed that Neasham explained the annuity specifics to Schuber and Jochim, and that Schuber signed the purchase paperwork of her own free will.
Hauptman also argued that no evidence suggested that Neasham knew Schuber lacked the mental capacity to complete the transaction. “None of the factors to indicate evil conduct by Mr. Neasham exist,” he said.
Abelson argued that the indicators of dementia would have been evident to anyone dealing with Schuber in 2008, saying that Neasham “knew that she lacked the (ability to) consent.”
Though no evidence suggests that Neasham stole any money from Schuber, as Schuber only withdrew $175,000 from the bank and purchased an annuity of that price, the facts do show that Neasham”s actions deprived Schuber of more immediate access to those funds, Abelson argued.
Abelson also said that medical records admitted into evidence Friday show that doctors had diagnosed Schuber with “Alzheimer”s-type dementia” in 2003.
Martin attempted to review of all of the pieces of evidentiary paperwork after the attorneys completed their arguments, but said he would be unable to finish reading through the documents and make an informed ruling by the end of the day Friday.
Because of Martin”s unavailability during the next two weeks, he is scheduled to make his ruling the morning of April 8.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
