Glenn Neasham of Hidden Valley Lake is asking for the new trial, with the motion set to be heard on Wednesday, Feb. 1.
In 2008 Neasham allegedly sold a $175,000 annuity to a then-83-year-old woman, receiving a commission on the sale. It was alleged that the woman did not have the mental capacity to enter into the contract.
In the motion for a new trial, Neasham’s attorney, Mitchell Hauptman, cites prosecutorial error regarding a recorded interview with the alleged victim and states that he received reports alleging juror misconduct.
Specifically, one of the jurors contacted Hauptman and told him that other jurors considered information from newspaper reports in making up their minds, and failed to disclose having relatives with dementia.
Deputy District Attorney Rachel Abelson said she is planning to have a motion in response to Hauptman’s motion for a new trial completed this week.
Regarding the tape recording, Abelson said the recording was found in a computer file.
“The quality of the recording was so poor that you couldn’t hear what was said,” she explained.
A discussion was held in open court about the recording and she said Judge Richard Martin commented that the sound quality wasn’t good enough to present it.
She said the biggest issue she needs to address in her response is the juror misconduct allegation.
“That gives me my biggest concern,” she said.
Neasham’s sentencing in the case also is scheduled on the court calendar for Feb. 1.
The District Attorney’s Office previously reported that Neasham could receive up to four years in prison, which would be served in the Lake County Jail under state correctional realignment.
Abelson said it’s possible that the motions and responses could delay the Feb. 1 hearing.
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