LAKEPORT — A judge Tuesday delayed the sentencing of a local insurance agent convicted of theft to allow the prosecution time to respond to a defense motion requesting a new trial.
A jury found Glenn A. Neasham, 51, guilty of one felony count of theft from an elder in October.
The charge stemmed from a $175,000 annuity he sold to Lucerne resident Fran Schuber, then 83, in February 2008. The California Department of Insurance conducted an investigation and determined the transaction was illegal.
The case seemed to hinge on the question of Schuber”s mental state at the time of the sale.
The prosecution argued she had a diagnosis of dementia dating back several years before the deal. The defense claimed Neasham witnessed no signs of a lacking mental capacity during the transaction.
Neasham has maintained his innocence since the charges were filed, and his lawyer, Mitchell Hauptman, has asked the court to set aside the verdict and order a new trial.
“This is one of those rare cases which requires the court to be more than a bystander. It is time to set the record straight,” Hauptman wrote in his motion.
The defense counsel alleged juror misconduct and prosecutorial error among the reasons he said Neasham deserved a new trial.
Deputy district attorney Rachel Abelson told a judge Tuesday morning that she hasn”t had ample time to complete her response to Hauptman”s motion. The defense would then need a chance to reply, she added.
Judge Richard C. Martin decided to continue the hearings for the new-trial motion and sentencing, which had been set for Tuesday. Martin scheduled both to occur on Feb. 1 at 8:15 a.m. in Department 2.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
