LAKEPORT — A judge Wednesday again continued the hearing on a pending new-trial motion submitted on behalf of a local insurance agent convicted of theft last fall.
A jury found Glenn A. Neasham, 51, guilty of one count of felony 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, several years after she reportedly had been diagnosed with dementia.
The California Department of Insurance investigated the transaction and determined it was illegal. The Lake County District Attorney”s Office arrested Neasham in December 2010.
Once at trial, the case seemed to hinge on the question of Schuber”s mental state at the time of the sale.
The prosecution argued Schuber couldn”t consent to the deal because of symptoms of dementia. The defense claimed Neasham observed no signs of a lacking mental capacity during the transaction.
The jury returned a guilty verdict after deliberating for nearly one day.
Defense counsel Mitchell Hauptman filed a motion in December, asking the court to set aside the verdict and order a new trial. He alleged juror misconduct and prosecutorial error among the reasons for the request.
Deputy District Attorney Rachel Abelson opposed the motion in a response received by the court Tuesday.
She argued, in part, that the evidence supported the verdict, the prosecution committed no error and the allegations of biased jurors were insufficient.
Judge Richard C. Martin was set to consider the debate Wednesday at the Lake County Courthouse, but the attorneys agreed to a continuance, allowing Hauptman time to analyze Abelson”s response and submit a reply.
The judge delayed the hearing once before, on Dec. 20, providing more than a month for Abelson to respond to the original motion and Hauptman to answer back.
Martin rescheduled the proceedings for Feb. 23 at 8:15 a.m.
If the judge denies the motion, Neasham could be sentenced that day and could see time behind bars.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
