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Updated: 4:32 p.m. Monday, March 3, 2014 | Posted: 4:31 p.m. Monday, March 3, 2014

Dunwoody day care killer seeks new trial

Dunwoody day care killer seeks new trial
Jason Getz / AJC
Hemy Neuman is escorted by DeKalb County Deputies after his sentencing during the Hemy Neuman trial in the DeKalb County Courthouse Thursday afternoon in Decatur, Ga., March 15, 2012. The jury ruled Hemy Neuman guilty but mentally ill to count 1 and guilty on count 2.

By Christian Boone

The Atlanta Journal-Constitution

The man who acknowledged killing a Dunwoody entrepreneur outside his son’s daycare facility will return to court Tuesday seeking a new trial.

And much like his 2012 trial, Rusty Sneiderman’s widow is expected to figure prominently in the hearing.

Lawyers for Hemy Neuman — found guilty but mentally ill in the November 2010 murder — say that since Andrea Sneiderman’s perjured testimony helped convict their client, he deserves a new hearing. Sneiderman was convicted last August on nine of 13 felony counts, including perjury, making false statements to investigators and hindering the apprehension of a criminal.

“What happened in [Sneiderman’s] trial is of tremendous significance to our case going forward,” Neuman co-counsel Doug Peters said last August.

Peters said they’ll seek a ruling from an appellate court if DeKalb County Superior Court Judge Gregory A. Adams rejects their motion. Neuman, a former engineer with GE Energy, was sentenced to life without parole.

Sneiderman, his alleged paramour, was sentenced to five years on each count to run concurrently. Adams credited her with time served for the three weeks she spent in jail after her Aug. 2, 2012, arrest and the following 11-plus months she was under house arrest before the withdrawal of murder charges against her on July 29.

She is eligible for parole in late April.

Neuman is not expected to testify Tuesday but will be in court, said co-counsel Bob Rubin. He did not testify in his own defense and has yet to speak publicly about the murder or the alleged affair with his victim’s spouse.

His attorney argue that Sneiderman manipulated their client to believe that killing her husband would solidify their relationship.

Rubin said Neuman had no idea he was being used and was initially reluctant to let the defense go after Sneiderman, who worked under him at GE.

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