LAKEPORT — A judge Thursday continued for the third time the hearing on a pending new-trial motion filed on behalf of a local insurance agent convicted of theft last fall.
The most recent postponement occurred because the prosecutor was unavailable for the morning proceedings at the Lakeport courthouse.
A Lake County jury found Glenn A. Neasham, 52, of Hidden Valley Lake guilty in October of felony theft from an elder.
The charge stemmed from a $175,000 annuity he sold to Lucerne resident Fran Schuber, then 83, in February 2008, several years after she allegedly 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.
Neasham denied wrongdoing and said after the trial that he had no regrets about making the transaction.
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 saw no signs of a lacking mental capacity during the transaction.
Jurors returned a guilty verdict on the single felony count after deliberating for nearly one day.
Defense counsel Mitchell Hauptman filed a motion in December, asking the court to set aside the jury”s finding and order a new trial. He alleged juror misconduct, prosecutorial error and inadequate evidence among the reasons for the request.
Deputy District Attorney Rachel Abelson opposed the defense motion in a response submitted in late January, arguing Hauptman”s claims were not sufficient enough to justify a new trial.
Judge Richard C. Martin, who presided over Neasham”s trial, was set to rule on the pending motion Thursday, but he postponed the hearing until next week because Abelson was prosecuting a different case on trial in Clearlake Thursday morning.
The judge also delayed the hearing on Dec. 20 and Feb. 1.
Martin rescheduled the proceedings for Wednesday at 8:15 a.m. at the Lake County Courthouse.
If the court 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.
