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Ga. Supreme Court hears argument on new Hemy Neuman trial | News

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Ga. Supreme Court hears argument on new Hemy Neuman trial
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ATLANTA, Ga. -- The man convicted of killing a Dunwoody dad after he dropped off his son at daycare is arguing for a new trial. Attorneys for Hemy Neuman appeared before the Georgia Supreme Court Tuesday, saying the conviction should be overturned since testimony from his lover, Andrea Sneiderman, was later convicted of perjury.

The Case

Neuman was found guilty of shooting Rusty Sniederman after he dropped off his 3-year-old son at the Dunwoody Prep Daycare on November 18, 2010. According to the state's case, investigators found evidence of an on-going affair between Neuman and Rusty's wife, Andrea Sneiderman.

Neuman initially pleaded not guilty, but shortly before trial changed that plea to not guilty by reason of insanity. Two medical experts testified on his behalf, diagnosing him with Bipolar disorder and psychosis. Two other medical experts, Dr. Pamela Crawford and Dr. William Brickhouse, testified for the state, saying his was faking his symptoms of mental illness.

In March 2012, the jury found Neuman guilty but mentally ill. He was sentenced to life in prison with no chance of parole.

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Defense Argument

Neuman's attorneys argue the trial court made four errors:
(1) The state failed to void the State's subpoenas of Dr. Peter Thomas and Dr. Julie Rand Dorney. Even though the defense had no plans to call them as witnesses, they were required to turn over their files. They argue those consultants were covered by attorney-client privilege.
(2) The court refused to allow the defense attorney's request to further question witness Shayna Citron after Andrea Sneiderman embraced her in open court. The attorney wanted to ask that witness about a threat that frightened her enough to pull her children out of school. Neuman's defense called for a mistrial, saying the witness had been manipulated.
(3) The lower court refused to allow to grant a new trial based on Andrea Sneiderman's untruthful testimony. She was later convicted of perjury. Neuman's defense was that the affair truggered the psychotic spree to kill.
(4) The court did not allow the defense attorney to reference disclosures Neuman had made to a family therapist during marital counseling. The therapist's records included notes that Neuman was suicidal and suffering from a mood disorder.

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State's Argument

The DeKalb County District Attorney and Attorney General argue that "once Neuman raised the issue of his mental health, he waived any psychiatric privilege in testing done in connection with the pending charges."

As for the perjury, the state argues Neuman did not establish that the perjured testimony was essential to his conviction. They contend, "A verdict must be set aside as a result of perjury only when the judgement could not have been obtained without the perjured evidence."


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