Hemy Neuman's attorneys withdrew a motion to suppress the identification of their client in a police lineup by a witness the state claims sold Neuman the gun used to shoot and kill Rusty Sneiderman last fall.
In February, Jan DeSilva picked the 48-year-old engineer from a display of photographs that the defense contended "were designed to focus upon [Neuman]," according to previously sealed documents obtained exclusively by The Atlanta Journal-Constitution and our reporting partner, Channel 2 Action News.
It's still unclear whether the weapon was ever recovered by investigators, but prosecutors may be able to link shell casings found on the scene to the gun in question.
Defense attorneys Doug Peters and Bob Rubin declined to comment on their reasons for withdrawing the motion to suppress.
A series of other motions focusing more on process, including a move to dismiss the indictment against Neuman because DeKalb County District Attorney Robert James' name and title appeared twice within the document, were denied Monday by Judge Gregory Adams. Peters also objected to certain language included within the indictment, such as the phrase "on or about the 18th day of November" -- the day Sneiderman was gunned down outside a Dunwoody day care facility. Peters argued the phrasing was too vague and may confused jurors.
Adams was unpersuaded and reiterated his intention to start the trial as scheduled Oct. 17.
"Quite honestly that scares me to death because I haven't seen all the evidence in this case," Peters said.
The district attorney's office has provided Neuman's legal team with roughly 7,000 pages of discovery evidence along with another 70 computer discs containing interviews with potential witnesses. Adams ruled the defense must receive all evidence by Sept. 1.
Neuman, dressed in a blue blazer and tie, sat between Peters and Rubin at Monday's hearing. The former GE Energy operations manager was a supervisor of the victim's widow, Andrea Sneiderman. She was not in court Monday but her lawyer, Seth Kirschenbaum, was present.
Adams will hear additional motions from the defense next Monday.
About the Author
