The lawyer for the estranged wife of the accused Dunwoody day care shooter agrees with her counterpart that the case should be tried in Fulton County, according to court documents filed Monday.

Hemy Neuman's attorney, Joe Winter, had sought to dismiss the suit because his client was not living in DeKalb County at the time of his arrest for Rusty Sneiderman's slaying. Winter also filed a motion to quash subpoenas for documents Ariela Neuman claims prove an extramarital affair between Hemy Neuman and Andrea Sneiderman, the widow of the man he's accused of killing. Hemy Neuman was Andrea Sneiderman's supervisor at GE Energy.

DeKalb prosecutors say Hemy Neuman fatally shot Rusty Sneiderman last November after the 36-year-old entrepreneur dropped his son off at Dunwoody Prep. Neuman pleaded not guilty at a hearing earlier this month.

In documents filed April 8, Winter argued that the plaintiff's request for evidence from prosecutors trying the murder case is "vague, oppressive and irrelevant to the pending separate maintenance action." Handing over the documents might jeopardize his client's right to a fair trial, Winter argued, while also causing "unnecessary emotional distress not only to the minor children of [the Neumans] but also the family of [Andrea] Sneiderman and her children."

The separation suit could commence within 30 days of the judge's ruling on the motions filed on behalf of Hemy Neuman. The Neumans, married for 22 years, have three children, none of whom have visited the suspected killer in jail, according to another of his attorneys.

Both Esther Panitch, who represents Ariela Neuman, and Winter declined comment about the separation suit.

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