LAKEPORT — The defense called two expert witnesses Friday during the felony theft trial of local insurance agent Glenn A. Neasham.
Judge Richard C. Martin allowed the out-of-town witnesses to be called out of turn, as the prosecution has not yet completed its case.
Attorney Mitchell Hauptman represented Neasham and deputy district attorney Rachel Abelson represented the Lake County District Attorney’s Office.
Neasham, 51, faces one felony count of theft from an elder. The prosecution alleges Neasham acted illegally when he sold a $175,000 annuity to Lucerne resident Fran Schuber, then 83, in February 2008.
Defense expert Richard Duff, an author and license insurance agent, testified first during Friday’s proceedings at the Lake County Courthouse.
Duff said an Allianz MasterDex 10, the type of annuity Schuber purchased, has “many more benefits than there are negatives.”
an annuity is an investment option for people hoping to establish a steady stream of income in the future, according to Duff, who said he himself receives income from annuities.
“Not everyone wants total liquidity,” he said.
Duff acknowledged under cross-examination that the Allianz policy is complicated, saying, “it would be on the order of the more difficult ones to understand.” he added that a person could understand the agreement with the help of a “good advocate,” such as a sales agent.
Dr. Douglas Rosoff, a psychiatrist practicing in Ukiah, was the second defense witness called Friday.
Rosoff said he did not personally meet with Schuber but did review hundreds of pages of medical records and watched a video-recorded interview of the alleged victim taken this summer.
Schuber’s medical records referenced a 2004 diagnosis of dementia, Rosoff said.
Dementia has a “waxing and waning nature,” Rosoff said, later adding that someone like Schuber could experience moments of lucidity like “islands of clarity in a sea of confusion.”
The records indicated doctors first diagnosed Schuber with dementia around the time she suffered from a myriad of other medical issues, including degenerative disc disease, chronic malnutrition and hyperthyroid, Rosoff said.
Symptoms from those other conditions as well as associated treatments could impact a person’s cognitive state, according to Rosoff. he also said dementia symptoms, such as recognition difficulties and troubles with everyday functions, progress differently from patient to patient.
Rosoff added that it might have been difficult for an outside observer, not privy to Schuber’s everyday actions or any behavioral signs, to notice her dementia several years ago during sporadic or one-time contact, such as the hour-long meeting she had with Neasham.
under cross-examination, Abelson presented several hypothetical situations to Rosoff based on prior testimony about Schuber’s condition, trying to establish that she was unable to handle her finances in February 2008 because of the dementia.
Rosoff also said Schuber’s dementia appeared “quite advanced” as of the summer 2011 video.
The prosecution called one witness Friday in between the defense experts’ testimony.
Kelly Coburn, a former Neasham employee who worked as an assistant from December 2006 to July 2007, said she recalled working on seminars Neasham marketed toward seniors.
she did not work with Neasham at the time of the Schuber sale and did not mention ever meeting Schuber.
The trial adjourned for the day at 4:30 p.m. and won’t reconvene until Oct. 19 because Martin is unavailable.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.