An Appellate Court in California has overturned Glenn Neasham’s 2011 conviction for theft from an elder stemming from the insurance agent’s sale of an annuity to a then 83-year-old woman.
In the judgment handed down Tuesday by the Court of Appeal of the State of California, First Appellate District, Division Three, jurists wrote that “although there was conflicting evidence as to the elder’s ability to understand the nature of the transaction, there was no evidence that defendant [Neasham] appropriated the elder’s funds to his own use or to the benefit of anyone other than the elder herself, nor was there evidence that the defendant made any misrepresentations or used any artifice in connection with the sale.”
So in October 2011, the case went to trial in Lake County, California. A detailed investigation of the trial by National Underwriter Life & Health revealed possible bias against Neasham by some jurors and other procedural issues. Neasham was subsequently convicted of theft from an elder, a felony.
During the trial and in subsequent press reports about the case, Neasham maintained that he had seen no evidence of Schuber’s dementia at the time of the sale. Her condition was definitively diagnosed long after the transaction. Neasham also stated that he took steps to ensure that Schuber understood the annuity she had purchased. A former assistant to Neasham testified at trial that Schuber appeared competent at the time the sale was being discussed.