Arguing that intense media coverage has made it difficult for their client to get a fair trial, the attorneys for alleged Dunwoody day care shooter Hemy Neuman on Tuesday sought to convince a judge to maintain a seal on several filings in the high-profile murder case.
"There comes a time when First Amendment concerns and rights of public access infringe on the defendant's right to a fair trial," said Bob Rubin, one of Neuman's attorneys.
The Atlanta Journal-Constitution and Channel 2 Action News challenged the judge's recent ruling to seal, prompting Tuesday's hearing in DeKalb County Superior Court.
"If filings take place in an invisible way it's very difficult for the public or anybody to make sure the case is proceeding in an appropriate fashion," said Tom Clyde, the attorney for the AJC and Channel 2.
The defense wants to keep Neuman's statement to police and testimony from a witness to the Nov. 18 shooting of 36-year-old Rusty Sneiderman outside Dunwody Prep, among other evidence, under wraps.
"For a potential juror to read and hear about evidence that's inadmissible would kind of defeat the purpose of having a judge rule it inadmissible," Rubin said.
Much of the pre-trial publicity has centered on an alleged extramarital affair between Neuman and Andrea Sneiderman, the widow of the man he's accused of killing. Neuman's wife of 22 years has filed a suit of separate maintenance from her estranged husband, who was Andrea Sneiderman's supervisor at GE Energy.
Adams said it will be at least a week before he decides whether to reverse his previous ruling.
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