4 Nov 2008

Judge in prayer death case: I'm between 'rock and a hard place'

Greenbay Press Gazette - November 3, 2008
Associated Press

WAUSAU — A judge says he is caught between a “rock and a hard place” in trying to decide whether to dismiss charges accusing parents of reckless homicide for praying while their 11-year-old daughter died of untreated diabetes.

Marathon County Circuit Judge Vincent Howard says courts in two states have tossed out similar cases while courts in two other states allowed them to go to trial.

Dale and Leilani Neumann of rural Weston are charged with second-degree reckless homicide in the Easter Sunday death of their daughter, Madeline.

Their attorneys contend the charges must be dismissed because the case violates their constitutional due process rights.

Prosecutors say the parents had a legal duty to seek medical treatment because they knew their daughter was ill.

Howard heard arguments today and said he would issue a decision later this month.

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