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Dale and Leilani Neumann pleaded not guilty to second-degree reckless homicide through their attorneys during a brief appearance before Marathon County Circuit Judge Vincent Howard.
The attorneys also filed a motion claiming the charges should be dismissed because the law is “unconstitutionally vague” as it applies to the allegations in the complaint. The motion contends the charges unconstitutionally infringe on the parents’ right to freely exercise their religion and their “liberty interest” to rear their children.
The motion sets up a legal battle that attorneys have already said could reach the state Supreme Court before any trial begins. Howard set Nov. 3 for a hearing on the motion.
The Neumanns’ daughter, Madeline, died at the family’s rural Weston home on Easter.
An autopsy determined Madeline — called Kara by her parents — died from undiagnosed diabetes. The girl likely had symptoms for weeks and perhaps months before she died, court records said.
Leilani Neumann, 40, has said the family believes in the Bible, which says healing comes from God, and she never expected her daughter to die as they prayed for her. The parents told investigators Kara had not been to a doctor since she was 3.
According to the criminal complaint, Dale Neumann, 46, considered his daughter’s illness “a test of faith,” and Leilani Neumann thought her daughter was under a “spiritual attack” that could be overcome with prayer.
Prosecutors contend Kara could not speak, eat, drink, walk or breathe easily for about 48 hours before her death — enough time for the parents to seek medical help. The parents failed in their legal duty to care for the child, prosecutors allege.
Second-degree reckless homicide is punishable by up to 25 years in prison.
In the motion filed today, the Neumanns’ attorneys ask for another week to submit more specific documents backing up their claim that the charges are unconstitutional.
Defense attorneys Gene Linehan and Jay Kronenwetter declined to comment on the motion, as did District Attorney Jill Falstad.
Howard earlier issued an order preventing attorneys from talking about the case outside the courtroom.
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. Falstad has said her analysis of the law is that it doesn’t apply to homicide cases.
The parents are free on bail, but one condition is that their three surviving teenage children have biweekly checkups to make sure they get any needed medical care.
