DA could drop murder charges against Andrea Sneiderman

Feb. 21, 2012 — Opening statements are heard in the trial of Neuman, who pleads not guilty by reason of insanity.

Feb. 24, 2012 — The judge bans Andrea Sneiderman from the courtroom for actions that were deemed as intimidating to witnesses.

March 15, 2012 — After deliberating nearly eight hours over three days, the jury finds Neuman guilty but mentally ill on the count of murder, and guilty on the count of using a firearm during the commission of a felony. The judge sentences Neuman to life in prison without parole on the murder count, and five years in prison on the firearms charge.

May 18, 2012 — Steve Sneiderman, Rusty Sneiderman’s brother, files a wrongful death lawsuit against his sister-in-law, alleging she conspired to kill her husband.

June 18, 2012 — Andrea Sneiderman files a defamation suit against Steve Sneiderman along with a wrongful death suit against Neuman.

Aug. 2, 2012 — A DeKalb County grand jury issues an eight-count indictment charging Andrea Sneiderman with malice murder, attempted murder, racketeering, insurance fraud and two counts each of perjury and false statements. The same morning, she is arrested in Putnam County.

Feb. 18 — Prosecutors reindict Sneiderman, dropping conspiracy charges but implicating her in the death of her husband as a “party to the crime.”

May 21 — Sneiderman pleads not guilty to a third indictment, revised after the defense raises questions about the wording of the charges.

July 23 — Prosecutors inform the defense, according to people with direct knowledge of the case, that they will be dropping the three most serious charges against Sneiderman: felony murder, malice murder and aggravated assault. She still would face 13 other charges.

July 29 — Jury selection is scheduled to begin in Sneiderman’s trial.

The story so far:

Nov. 18, 2010 — Rusty Sneiderman is shot multiple times and killed after taking his son to class at Dunwoody Prep day care.

March 15, 2012 — A jury finds Hemy Neuman, who supervised Rusty Sneiderman’s wife, Andrea, at GE Energy, guilty but mentally ill on the count of murder, and guilty on the count of using a firearm during the commission of a felony. The judge sentences Neuman to life in prison without parole on the murder count, and five years in prison on the firearms charge.

Aug. 2, 2012 — A DeKalb County grand jury issues an eight-count indictment charging Andrea Sneiderman with malice murder, attempted murder, racketeering, insurance fraud and two counts each of perjury and false statements. The same morning, she is arrested in Putnam County.

Feb. 18 — Prosecutors reindict Sneiderman, dropping conspiracy charges but implicating her in the death of her husband as a “party to the crime.”

May 21 — Sneiderman pleads not guilty to a third indictment, revised after the defense raises questions about the wording of the charges.

July 23 — Prosecutors inform the defense, according to people with direct knowledge of the case, that they will be dropping the three most serious charges against Sneiderman: felony murder, malice murder and aggravated assault. She still would face 13 other charges.

July 29 — Jury selection is scheduled to begin in Sneiderman’s trial.

Months before bringing charges against her, DeKalb County District Attorney Robert James said he had “strong beliefs” that Andrea Sneiderman played a part in her husband’s death.

His suspicions were stirred by Sneiderman's testimony in the trial of her former boss and alleged lover, Hemy Neuman, who was convicted of gunning down Rusty Sneiderman in the parking lot of a Dunwoody day care in November 2010. During his closing argument, James all but called her Neuman's co-conspirator, accusing them of "covering up for one another."

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Now, days before her trial is set to begin, two people with direct knowledge of the high-profile case say James has informed defense counsel that the state plans to drop murder charges against the 37-year-old mother of two. Andrea Sneiderman still faces four perjury counts, seven counts of making false statements and one count each of hindering the apprehension of a criminal and concealment of material fact — charges that each carry maximum sentences ranging from five to 10 years in prison.

James could file the paperwork as early as Thursday, although it will more likely happen Friday at a hearing concerning another matter in the case. Such a move would stand as a huge win for Sneiderman’s defense team, which has repeatedly maintained its client’s innocence while attacking the charges against her as too vague.

Attorneys for both sides in the case were unavailable for comment, bound by a gag order imposed by DeKalb Superior Court Judge Gregory Adams.

But defense attorney J. Tom Morgan said in August, following his client’s arrest, that “we are confident that, when an unbiased jury hears the facts of this case, it will be clear that Andrea is innocent.

Conversely, those who believe Sneiderman was complicit in her husband’s death were outraged by James’ decision.

“(James) is letting a murderer walk free,” said lawyer Jay Abt, who represents Shayna Citron, a key prosecution witness. Citron testified during Neuman’s trial that Sneiderman, then a close friend, called en route to Atlanta Medical Center saying her husband had been shot.

That admission was crucial in building the case against Sneiderman, who testified she first learned of the shooting at the hospital.

“Hemy didn’t hide his crime from Andrea because Andrea already knew,” James said in his closing argument at Neuman’s trial. “How could she know 30 minutes after [Rusty] was shot that he had been shot?”

What prompted James’ apparent change of heart is unclear.

The Sneiderman case has generated considerable amounts of coverage, with its twists and turns drawing news crews from as far away as Japan.

Still, many legal observers say the largely circumstantial case would’ve been a hard one to prove.

Jettisoning the most serious charges “may be a wise tactical move but would be outrageous considering they’ve alleged her involvement in the murder for over a year,” said criminal defense attorney Steve Sadow, who is not connected to the case.

Sneiderman was initially indicted as Neuman’s co-conspirator following her arrest. That indictment was withdrawn early this year, and she was charged instead as a “party to the crime.” Georgia law defines that, in part, as intentionally advising, encouraging, hiring, counseling or procuring another to commit a crime.

Bob Rubin — who, as Neuman’s co-counsel, maintained that Sneiderman manipulated his client to shoot her husband — said he was “deeply disappointed” by the apparent decision to drop murder charges.

“What’s bothersome to me is why indict those charges in the first place if you don’t think you can prove it beyond a reasonable doubt,” Rubin said. “Every ethical district attorney knows you don’t indict a case unless you think you can prove it beyond a reasonable doubt.’

In an interview with The Atlanta Journal-Constitution last fall, James responded to critics who said he may have overcharged Sneiderman.

“I’m not a person who plays it safe, ” he said. “I don’t believe in playing it safe. I do what I think is right and I have to be OK when I do that, whatever the outcome is.”

James added: “I was confident enough to indict her. That’s about as confident as it gets.”

Abt, who regards James as a “top-notch trial lawyer,” said Wednesday that he believes there was enough evidence on the murder charges to go forward.

“I don’t know what’s going on in his head,” he said. “I’m very familiar with the evidence in this case, and nothing has changed. If he loses, it’s the jury’s fault, not his.

“It’s just cowardice on his part.”

Sneiderman has steadfastly denied any involvement in her husband’s murder and insists she was not romantically involved with her former supervisor. She has spent the past 11 months under house arrest.

‘I think there’s a problem within that office,” Rubin said. “I don’t know where the problem lies, but it was certainly unfair to Andrea Sneiderman, who again I’m not a big fan of, but it is unfair to her to put her through that if you don’t think you can prove it beyond a reasonable doubt.”

Sneiderman’s in-laws, who have filed a wrongful death suit against her, declined to comment when reached by the AJC.

“What they’ve gone through you wouldn’t wish on your worst enemy, and what they continue to go through with the way this case has been a roller coaster for them and the civil case that’s still to come, I feel terribly sorry for them,” Rubin said.