Dale and Leilani Neumann

Dale and Leilani Neumann | Photo: Milwaukee Journal Sentinel

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Prayer Death Father to Retain Public Defender

WAUSAU, Wis. (AP) -- One parent accused of reckless homicide in an 11-year-old Weston girl's death will get a court-appointed attorney, a judge ruled Wednesday. The other is a hiring private lawyer.

Dale and Leilani Neumann are charged with second-degree reckless homicide in the Easter Sunday death of their daughter, Madeline, at the family's rural home. Prosecutors say they acted recklessly by praying instead of seeking medical help as their daughter got progressively ill from undiagnosed diabetes.

Leilani Neumann, 40, has said the family believes in the Bible, that healing comes from God and they never expected the girl to die.

The couple face up to 25 years in prison if convicted.

Wednesday's hearing was to determine whether Dale Neumann a needed court-appointed attorney paid for by the county. His wife did not ask for one.

Leilani Neumann's attorney Gene Linehan said the couple have assets of $570,000 and liabilities of $545,000. About $4,000 has been donated to their legal defense fund so far, he said.

Linehan said Leilani Neumann will use the defense fund and the couple's assets to pay him.

Dale Neumann, 46, testified the couple has mortgages on two homes totaling about $500,000. He said they are having trouble paying their bills, including mortgage payments and rent for their small business.

Linehan said Dale Neumann would serve as his own attorney if the court didn't find him indigent.

Dale Neumann said his only income is from the family's coffee and sandwich shop, which brought in about $110,000 last year. Marathon County Circuit Judge Vincent Howard determined the couple, who have three other teenage children, have about $3,400 in monthly income, which is slightly above the poverty level.

The judge agreed Dale Neumann could not support his family with income from the coffee shop and still pay legal bills that could reach more than $100,000. Because of the religious issues involved, the case could go to the state Supreme Court before trial, Howard said.

At issue is a Wisconsin law that says a parent cannot be accused of abuse or neglect of a child if in good faith they selected prayer as treatment for a disease. District Attorney Jill Falstad has said her analysis of the law is that it doesn't apply to homicide cases.

Linehan told the judge that he would file motions on the "faith-based aspects of this case" before a preliminary hearing June 7.

"My clients are deeply religious. They have a lot of faith in their creator," Linehan said. "In fact, they pray for the prosecutors."

Howard ruled the county could file a lien worth $50,000 against the couple's homes as a way to get reimbursement for Dale Neumann's attorney should the properties be sold. He appointed attorney Jay Kroenwetter to represent the father at $70 an hour.

(Copyright 2008 by The Associated Press. All Rights Reserved.)