Help the Neumanns and Help Yourself
This site was created by friends of the Neumanns in order to raise money for their legal defense. Please read the story that is not being told in the press and blogs. We ask that you pray for them as they are representing the rights of Christians to live the Gospel according to the law and the Constitution.
Sections
Dismissal of State's Rights to Juvenile Custody of
Neumann Children
Foundation for Constitutional Law and Government
On Sunday, March 23, 2008 the Neumann family lost their little girl, Kara. They had chosen prayer over medicine and God chose to take Kara home. There has been much debate over this issue and I would like to set the record straight from a legal prospective under both the Constitution and Wisconsin law.
Before I give my case and point, let me say this: If we are going to judge this family -- which we really have no right to do -- we need to understand completely what the Bible states about healing and prayer. In short, the Bible states that we should trust God for healing and use prayer to achieve that goal.
Also, equally as important, and which seemingly is being ignored is, what would Kara herself have done if she alone could choose? The answer can only be based on what Kara believed. Kara believed what the Bible teaches and had more faith than some of us reading this. From things I have personally read that Kara wrote, she would have chosen prayer over medical assistance because she loved and trusted God and His Word.
However, let’s say I am wrong. What then
would give the parents the right to choose for their child? And do they have
that right to choose for her? The Constitution says they had every right to
choose for their daughter and
In the 1920s, the Court asserted that the
right of parents to raise and educate their children was a “fundamental”
type of “liberty” protected by the Due Process Clause. Meyer v.
Over the years, the courts have often
asserted that parental rights are constitutionally protected such as a
parent's “right to the care, custody, management and companionship of his or
her minor children” which is an interest "far more precious than… property
rights” (where a mother had her rights to custody jeopardized by a competing
custody decree improperly obtained in another state). May v.
In Griswold v. Connecticut, 381 U.S. 479, 502 (1965), Justice White in his concurring opinion offered “this Court has had occasion to articulate that the liberty entitled to protection under the Fourteenth Amendment includes the right "to marry, establish a home and bring up children," and "the liberty... to direct the upbringing and education of children," and that these are among "the basic civil rights of man." (Citations omitted).
These decisions affirm that there is a
"realm of family life which the state cannot enter" without substantial
justification. Prince v.
The Fourteenth Amendment prohibits the
state from depriving any person of “life, liberty, or property without due
process of law.” The Court has long recognized that the Due Process Clause
“guarantees more than fair process.” Washington v. Glucksberg, 521
It also includes a substantive component
that “provides heightened protection against government interference with
certain fundamental rights and liberty interests.”
Any denial of Due Process must be tested by the “totality of the facts” because a lack of Due Process may “constitute a denial of fundamental fairness, shocking to the universal sense of justice…” Malloy v. Hogan, 378 U.S. 1, 26 (1964) (quoting from Betts v. Brady, 316 U.S. 455, 461-462 (1942) where it was noted that any violation of any of the first nine Amendments to the Constitution could also constitute a violation of Due Process).
“The court must be
vigilant to scrutinize the attendant facts with an eye to detect and a hand
to prevent violations of the Constitution by circuitous and indirect
methods. Constitutional provisions for the security of person and property
are to be liberally construed, and ‘it is the duty of courts to be watchful
for the constitutional rights of the citizen, and against any stealthy
encroachments thereon.' Boyd v.
And it is further established that any law
impinging on an individual’s fundamental rights is subject to strict
scrutiny (
The D.A. has chosen to file a “Reckless Homicide” charge. Second-degree reckless homicide is the reckless causing of the death of another human being or unborn child. But it involves other acts that must be proven.
In the criminal law, recklessness
(sometimes also termed "willful blindness" which may have a different
meaning in the
To commit an offense of ordinary as opposed to strict liability, the prosecution must be able to prove both a mens rea and an actus reus, i.e., a person cannot be guilty for thoughts alone. Even if the Neumanns' knowledge had been that the possibility of death could have occurred, having that thought alone is not sufficient under the law to charge anyone with reckless homicide. Which, by the way, was NOT the case.
There must also be an appropriate intention (Did they intend on their daughter to die?), knowledge (The condition, or seriousness of that condition, would have to have been proven to be known.), recklessness or criminal negligence at the relevant time (see concurrence). Recklessness would mean with total disregard. In other words, the Neumanns' actions would have to be intent with disregard. They would have not only had to know the child would or could die, but act with such intentions that the child would die.
"Recklessness" may constitute an offense against property or involve significant danger to another person. However, regardless of anyone’s point of view, prayer for healing does not constitute reckless behavior. In point and fact, prayer over conventional medicine is a choice in treatment to an illness.
Because you or I may disagree with what we deem to be proper treatment of any illness, opinions or personal choice cannot nullify the law and/or the Constitution. Since this law protecting the right of prayer over conventional medicine does not conflict with, and in fact supports the constitutional position of parental rights, the law should remain intact and the charges against the Neumann family should be withdrawn.
I only pray that whoever represents them as an attorney in court have the same foresight to acknowledge their rights under the law, regardless of personal feelings, press coverage and public opinion polls.
The Neumanns, the Law and the Bible
Maybe you are not interested in the rights of the Neumanns because you feel they did wrong. Think about this: If your child gets sick and you pray for them, not knowing if they have the flu or what, and three days later (not 30 days, as rumored) they die, you will be in trouble. The powers that be have decided to prosecute as murderers the Neumanns who did just this. They have already been prosecuted in the press and talk shows with false rumors passed around from one to the next and blogs calling for their blood; this is nothing else but a modern day Roman Coliseum where the Christians are made sport of while the lions devour them with their mouths. (Ps. 35:17) Lord, how long wilt thou look on? Rescue my soul from their destructions, My darling from the lions. (57:4) My soul is among lions; I lie among them that are set on fire, Even the sons of men, whose teeth are spears and arrows, And their tongue a sharp sword. Please don’t let these people use this to set a precedent to strike down the Constitution and law that permits Christians to pray and trust God, as they have threatened. If you do not help the Neumanns defend your rights now, very soon when Christians refuse the microchip in their hand and forehead and are not able to pay for meds or doctors they will have to trust God. However, then they will be deemed negligent and their children taken away, just as the prophets have seen. You who know what Revelation 13:15-17 means, think about this. Read the laws carefully.
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Wisconsin Law Child Protection Act
948.21 Neglecting a child. (1) Any person
who is responsible for a child’s welfare who, through his or her
actions or failure to take action, intentionally contributes to the
neglect of the child is guilty of a Class A misdemeanor or, if death
is a consequence, a Class D felony. (2) Under sub. (1), a person responsible for the child’s welfare contributes to the neglect of the child although the child does not actually become neglected if the natural and probable consequences of the person’s actions or failure to take action would be to cause the child to become neglected. History: 1987 a. 332; 2001 a. 109.
Section 948.04 (6) TREATMENT THROUGH PRAYER. A person is not guilty of an
448.04 (6) PRACTICE OF CHRISTIAN SCIENCE. No law of this state regulating
Bill of Rights Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
It is said that the Neumanns are not entitled to Section 448.04 because they are “seclusionists” and not part of a denomination, but the Word forbids denominationalism, which is identified in the college dictionary as a sect. Paul said a sect or division is a work of the flesh and not of the true church in Galatians 5:19-21. Membership in any sect divides the body. The churches in Revelation 2 and 3 were identified by location, not denomination. We are baptized into the one body of Christ through faith (1 Cor. 12:12,13). They have met with believers in homes which is exactly the way it was done in the New Testament and the home church is the fastest growing church in the world. Even if the government somehow makes a case that they are not entitled to this section, they ARE entitled to 948.04 which is clear to any 9-year-old that “prayer alone” is legal. This was the only method used by Jesus and His disciples and they were commanded to pass it on down to us. (Mt. 28:19) Go ye therefore, and make disciples of all the nations, baptizing them into the name of the Father and of the Son and of the Holy Spirit: (20) teaching them to observe all things whatsoever I commanded you: and lo, I am with you always, even unto the end of the world.
It is said that the Neumanns' choice was not their conscience but neglect. I spoke to them much after Kara died and this is a lie. You may not agree with what they believe but they have a right to believe it according to the law and Constitution. They believed that God would heal their daughter as Jesus said, “All things whatsoever ye pray and ask for, believe that ye received (Greek in all manuscripts) them, and ye shall have them.” As with this verse the key to their faith is that we are already healed if we believe it. (1 Pet. 2:24) who his own self bare our sins in his body…by whose stripes ye were healed. Christians around the world and throughout New Testament history have received healing in this way when they held fast their faith, even when they could not get it in any other way.
They were attempting not to be double-minded, for which the scriptures say we will not receive (James 1:7,8). They believe that God even used their weakness to take their daughter home and that like many she may not have chosen to stay faithful to the Lord if she had been raised up in this increasingly corrupt society. (Isa. 57:1) The righteous perisheth, and no man layeth it to heart; and merciful men are taken away, none considering that the righteous is taken away from the evil [to come]. If I were in their case I would pray that God take any child of mine if He saw they would fall away and miss heaven. Solomon, in Ecclesiastes 6:3-6, said that the child who dies in innocence enters the rest but the person who lives many years but knows not the goodness of God does not. Eternal life in paradise is much preferred to this sick mud-ball. The lost think the ultimate is this sorry life because they have no hope for the next. They hypocritically murder almost a million and a half babies in the womb every year in the U.S., but let one couple lose a child to heaven and they will crucify them. Now you may disagree with all of this but when they take away Christians' rights they will come for yours next.
Some think that we should not defend the Neumanns but I think we should ask the question, what would Jesus do? The Pharisees brought a woman who was taken in adultery to Jesus to see what He would do. They said that the law demanded that she be stoned. He said, “He that is without sin among you, let him first cast a stone at her.” These judges who were wiser than most today began to drop their stones and go somewhere the conviction wasn’t so heavy, starting from the eldest who had the strongest revelation that they themselves were sinners in need of mercy. The apostle James said, "For judgment [is] without mercy to him that hath showed no mercy: mercy glorieth against judgment." If Jesus would defend the adulteress, wouldn’t He defend the Neumanns who have not sinned but acted on their conscience? The answer is obvious. This is why righteous people will stand with them even if it hurts. (See also our third press release from 4/02/08)
Some Christians say we should not defend the Neumanns because Jesus said, “resist not him that is evil,” which is certainly true if we are speaking of denying self to go to our own cross. However, we have in the scriptures much precedent to defend others who cannot defend themselves. (Ps. 83:4) Rescue the poor (weak) and needy; Deliver them out of the hand of the wicked. Also, we have much precedent to defend the rights of Christians to live the Gospel. Paul was set for the defence of the Gospel (Php. 1:7,16). He stubbornly defended the Christians against the legalists so the right to live by faith in the Gospel would continue with us. (Gal. 2:5) to whom we gave place in the way of subjection, no, not for an hour; that the truth of the gospel might continue with you. He claimed his right as a Roman citizen several times in order to defend himself so he could get the Gospel out. He was brought before civil and religious courts from Acts chapter 18 through 28, constantly defending his right to preach and live the Gospel. Stephen did the same thing in Acts chapters 6 and 7 and the Apostles in chapter 5. Some say we should not go to court, but as you can see, usually there is no choice in the matter. The Bible does not say we should not go to court but that we should not bring our brother to court before the lost (1 Cor. 6:6,7).
We are not against anyone going to doctors or medicine but when you compare the statistics between going that way and trusting God there is no way a sane person could charge one for negligence. Most of the negative statistics concerning those who claim to trust in God alone for healing are because of legalistic ministers who command their followers not to go to doctors or medicine or condemn them when they do. This is turning grace into a law and is forbidden in scripture because it cuts the person off from Christ and the grace (favor of God) needed to be healed or saved in any other way. (Galatians 5:4) Ye are severed from Christ, ye who would be justified by the law; ye are fallen away from grace. Our access to the grace for healing is through faith alone and not the works of man’s religious laws or the Old Testament law. (Romans 5:1) Being therefore justified (accounted righteous) by faith, we have peace with God through our Lord Jesus Christ; (2) through whom also we have had our access by faith into this grace wherein we stand; and we rejoice in hope of the glory of God.
The statistics make our point. When I heard Dale and Leilani were being investigated, I thought, how sad, since authorities don’t investigate the people who put their trust in doctors whose family members die by the hundreds of thousands from medical mistakes every year, according the AMA's own admission. We know that the doctors do the best they can with what they have and we do not condemn them. Christians would like the same consideration that the law above demands.
The Journal of the American Medical Association Vol. 284 July 26, 2000 reports that doctors are the third leading cause of death in the U.S., causing 250,000 deaths every year from iatrogenic causes! "Iatrogenic" is defined as "induced in a patient by a physician's activity, manner, or therapy. Used especially of a complication of treatment."
If this is what their organization admits, what is the truth? The numbers are much higher. If, as some believe, this is God’s preferred method of healing today, He is surely making a lot of mistakes. I have a good doctor friend who prefers not to use drugs. He has told me how he prays for patients who will believe, with results. The problem is that most are not interested in deliverance from their curse if it takes repentance and faith so he does what he can.
The above statistics do not take into account the long-term side-effects that kill. My mother took a drug for years. One day she was reading an article by Reader’s Digest on the side-effects of medicines. The side-effect of the drug she was on was breast cancer and glaucoma, and she had them both. That was a terrible trade. My father’s favorite doctor told him after an examination, “One thing I am sure of, you are not going to die of a heart attack. You have the heart of a much younger man.” About a month later he had a serious heart attack. I became convinced it was because of a drug he was taking to put oxygen into his blood because he lost a lung to smoking. Two close friends took a drug that had a side-effect of damaging their kidneys. Their doctors admitted this in both cases. So you see, many hundreds of thousands die in the U.S. every year trusting in drugs and doctors and not even 100 die attempting to trust fully in God.
Over and above the statistics above concerning the physicians' errors, there are patient safety errors which cause deaths of which the hospitals are guilty. Keep in mind that the statistic below is only for Medicare, so overall the incidence of death is much higher.
Medical Errors Costing U.S. Billions
Mistakes resulted in 238,337 preventable deaths from
2004-2006, survey finds
Robert Preidt
TUESDAY, April 8 (HealthDay News) -- From 2004 through 2006, patient safety errors resulted in 238,337 potentially preventable deaths of U.S. Medicare patients and cost the Medicare program $8.8 billion, according to the fifth annual Patient Safety in American Hospitals Study.
This analysis of 41 million Medicare patient records, released April 8 by HealthGrades, a health care ratings organization, found that patients treated at top-performing hospitals were, on average, 43 percent less likely to experience one or more medical errors than patients at the poorest-performing hospitals.
The overall medical error rate was about 3 percent for all Medicare patients, which works out to about 1.1 million patient safety incidents during the three years included in the analysis...
CNN Medical Correspondent: Don't Let a Hospital Kill You
WorldNetDaily Correspondent: Drugs Cause Murderous Rampages
The link
below shows that a search brought up 172 children who died in 20 years of
"Religious Medical Neglect"(?) But it doesn’t come close to 250,000+
per year
(plus
238,337 in the Medicare system) by malpractice of the medical establishment.
Common sense tells us that it's neglect if you don't trust in God.
http://friendlyatheist.com/2008/01/03/religion-based-medical-neglect/
Why are we pointing out the weakness of the
medical establishment? To scare you away from them? No, you can only go where
you have faith to go. It is to show you that true trusting in God is far
superior and should be legal by any common sense.
Friends of Kara
HEAVENLY CHILD
I learned to read when I was four years old, that’s when my sister came into the world. She was so beautiful, and she… still is. Her name was from God, Beloved, Kara my beloved. She was always thinking of another other than herself. She loved her family, she was happy, and she smiled all the time. Eleven years were given to her, she used them wisely learning about God and all that He does through the good and the bad. Everywhere she went she was loved, and she still is. You couldn’t take her spirit from her, she was so headstrong, and her spirit lives on. She loved to laugh and hated to make a mistake. She loved to draw people and coffee shops. Hanging out with her friends was another favorite pass time she loved. She was a heavenly child… and she still is.
~Ariel Neumann, age 14 (Kara’s sister)
Letter sent to us from Anna Rose, a close childhood friend of Kara; she resides in California.
Lately I have been looking through my kindergarten journals, and I wrote how much of a good friend she was and I love Kara, and always will. I remember how much we used to play together and I really miss that. She was the sweetest friend I ever had. Kara was and always will be my best friend.
All of the memories I had with Kara were the most precious. When I found out she died...my heart got ripped out and I broke into tears. I still cry. I'll always remember Kara and she will always be cherished in my heart. I remember when we used to play dolls, or go swimming, play with beanie babies, or even argue. (As if!) I remember her dog, Spot. On her birthday, I made her a crib for Spot. And, her smile would melt your heart. I don't even remember one thing she ever did wrong. Kara was the greatest in the whole world. When your family moved, it was sososo sad. But it was for the best. A few months back...I thought of her and wanted to play with her forever and ever and ever again. Whenever I went to her house to play, I never wanted to stop. When my mom came to pick me up from playing with her, I didn't want to stop. I didn't want to leave. I remember when she played the piano, the music was gorgeous, even when she messed up. I LOVE KARA!!!! I miss her and my heart cries out for her. I can hear my heart calling for 'Kara.' I still ask myself, why did she have to go? God probably wanted Kara in his presence. She was an angel. I love Kara with everything I've got. When I was little, I told her, when we grow up, I hope we can meet someday. But now that she's gone-. I love Kara.
But I know I'll see her in Heaven.
The Lord
Is Ever Faithful
Leilani Neumann
We miss Madeline Kara greatly, a special and rare jewel, dedicated to the Lord, who is undoubtedly very content where she is at present. I can image her nurturing the other younger children there in heaven. She has always been a nurturer, someone who received joy by giving and guiding others. This was seen in her relationships among her peers, as her witness for Christ came across in a friendly, loving style. Equally evident was her serious dedication to living out what God wrote on her heart. Madeline's heart was good ground for Christ to be formed, because she understood the deeper things. Reading her journal and notepads, she told of her desire to know God. Maybe the Lord will allow me to post some of Kara's writings on UBM so it can bless you.
Physically and emotionally, we have only been able to do the most necessary things, functioning only as the Lord enables us to, so we are thankful for the patience of everyone who has been waiting for a reply to your wonderful letters of encouragement and generous support. All of the love offerings, every one, no matter what denomination, is equally important, because we recognize it must be coming as a sacrifice from each household.
Dale and I have never had to deal with death before, yet through the help of the Holy Spirit we are continually comforted and healed as we renew our minds by the Word of God. It is a process of losing our lives and keeping God's plan in the forefront that brings the most peace concerning God taking Kara to be with Him.
Leaning on our Heavenly Father to take care of the legal process, He has provided an experienced defense attorney, who is always asking for prayers on his behalf. Thankfully we know that all things work together for the good, because we love God. We can relate to David in the Bible, also attacked by the enemies of God, and we remain confident our Savior will fight the battle for us, also being the righteous faithful judge, Who will overrule the plans the enemy and/or use them for His Glory. Having to stand on trial for the faith is an honor, even when we feel like we're in the lion's den. The presence of the Lord is felt at times people might least expect it to be felt.
Every disciple of Christ must be prepared to face persecution. For us it came suddenly, as we were simply trying to live our faith in God privately. UBM has provided the most helpful information (rightly dividing the Word) preparing the saints for this hour.
Psalms starting at chapter 31 is on my iPod, and the Beast System's physical form with all of its members connecting and working as one is clearly visible. It is an enemy of God because of its pride. It would like to have everyone conform to its mental imaginings and honor its idols and gods, just like Nebuchadnezzar did.
As far as our business (a vehicle of ministry) goes, MOnkey MO Coffee, those doors will close very soon, and will reopen under different ownership, who will continue the work that was started there.
With this season coming to an end, we are seeing
many signs that the next phase of God's plans for this city have
begun. So while we go through the criminal trial proceedings, we
are encouraged and definitely not feeling forsaken. Everywhere,
Community is forming through faith and because of faith. God is
connecting believers together who are likeminded, to lay the
groundwork for the great outpouring ahead. Our Lord is the one
orchestrating everything. Praise be to His name!
Dismissal of State's Rights to Juvenile Custody of Neumann Children
7/16/08
Many of you have been in prayer regarding the outcome of the Chips sases. Chips refers to child abuse/neglect cases. They are now dismissed as of a few days ago.
We were in a legal battle with the State, believing God to restore the custody of our children. Our three remaining children -- ages 17, 15 and 13 -- were abruptly taken out of our home by Marathon County Social Services (C.P.S.) shortly after Madeline had died, and subjected to interviews without representation; also, physical examinations and other testing without a social worker or parent present.
On the day they were taken, we were lied to by the intake social worker because we were told our children would be returned that evening or the next day at the latest. Our grieving children were NOT returned home, but placed for one night in a non-believing foster home. Acting with wisdom, our children quickly realized they could not place any confidence in the intake worker's word, so they acted on the plan we had set into place for them, which was for them to make it extremely clear to the intake worker where to place them (with relatives). This was preparation the Lord had given us days before. All of the rest of what happened is best to be forgotten and forgiven. Our children were eventually allowed to return home, and are very glad to put many of these things behind them. After C.P.S. (Child Protective Services) did their investigation and no abuse or neglect was determined concerning these three remaining children, they were returned to our home, but under a restrictive "Safety Plan." C.P.S. also continued to seek County approval to keep our children in the State's custody for a year.
As the God-appointed parents of these children, we did not agree with this decision or the Safety Plan. Under the restrictions of the Safety Plan, we had to provide authorized caretakers, who were to make sure our children were taken to a clinic in the event something would happen. This brought on an unpeaceful fear in our friends who acted as these caretakers. It also brought on unnecessary stress in finding people willing to leave their own homes and families for this amount of time. I must also mention the corporate counsel for C.P.S. was able to pass the Safety Plan on to the D.A.'s office, who then had the Safety Plan attached to our bond.
But beyond the pressure, the actions of C.P.S. came directly against our right to pray for our daughter, and since we are within the Wisconsin Law and our Constitutional Rights in this country, they were outstepping their boundaries by trying to take custody of our children. I did have a dream about a state trooper vehicle coming after us, with the purpose of taking our children. After telling Dale about this, we realized the vehicle represented the State. We were then directed by the Lord to command the case to be dismissed and we prayed God would stop all efforts of the State. After this prayer, every time I closed my eyes I saw a different picture. I kept seeing this state trooper vehicle being stopped in many ways.
God's provision was seen when we could not afford to hire attorneys. Counsel was provided for us through the County. Repayment is being done, but at a minimal level. These lawyers, directed by God, acted on our behalf and put forth their best efforts. All players have been hand-picked by a Sovereign God. We give our Father the praise. The three CHIPS cases are now dismissed by written ruling of Judge Brady of Marathon County.
Thank you for giving to the legal fund. The legal team for the criminal trial is continuously working on the trial ahead.
Thank you equally for the prayers of agreement. Your prayers are felt and are moving mountains. One down, now one more to go, as we head into the criminal case. Pray for us, that we will walk humbly and in the Will of God.
We appreciate and need all of you standing with us.
-The Neumanns
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| Dale or Leilani Neumann 3910 Schofield Ave. Suite 11 Schofield, WI 54476 |
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