LAKEPORT — A judge Monday denied a motion to dismiss filed by the defense in the felony theft case against a local insurance agent.
Glenn A. Neasham has pleaded not guilty to a felony count of theft from an elder and denied two special allegations in connection with a February 2008 transaction.
The prosecution alleges 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.
Neasham”s attorney, Mitchell Hauptman, filed a motion in May asking the court to dismiss the charges against his client. In part, the motion argued the prosecution did not present enough evidence during a three-day preliminary hearing earlier this year to establish that a crime occurred.
During the preliminary hearing, deputy district attorney Rachel Abelson argued that Neasham”s client lacked the mental capacity to enter into the annuity contract because of a documented history of Alzheimer”s disease dating back to 2003.
Judge Richard C. Martin ordered Neasham to stand trial after presiding over the preliminary hearing, saying the prosecution “barely” established the necessary “strong suspicion” standard.
Hauptman argued in his dismissal motion that the nature of the transaction and evidence in the case do not suggest felony theft took place. “In a word, no crime occurred. This case should be dismissed,” he wrote.
Abelson and Hauptman provided brief oral arguments before Judge Andrew S. Blum at the Lake County Courthouse Monday morning. Blum ultimately denied the defense motion, saying evidence existed to support Martin”s earlier finding.
Neasham”s jury trial is scheduled to begin in late August.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
