Justices on Tuesday hammered the state’s contention that only communication between a defendant and his or her lawyer, and not their hired consultants, is protected as the Georgia Supreme Court heard Dunwoody day care killer Hemy Neuman’s appeal for a new trial.
“I don’t know why a defense attorney would hire any agent if that was the risk,” said Justice David Nahmias, challenging prosecutor Anna Cross’ argument that conversations between Neuman, sentenced to life in prison for killing Rusty Sneiderman, and consultants hired by his attorneys were not privileged.
The introduction of those conversations into the trial did irreparable damage to the defense, said Neuman attorney Scott Key.
“Because we used consultants we never intended to testify, because those records were turned over to the state by subpoena, it bolstered the state’s idea that Mr. Neuman was malingering,” Key said.
The court seemed more receptive to that argument than the defense’s argument that Neuman’s conviction was secured in large part by the perjured testimony of Andra Sneiderman, the victim’s widow.
Cross argued Sneiderman’s testimony was not crucial to the prosecution’s case.
“Andrea Sneiderman testimony was many things,” she said. “It was dramatic, it was sensational, it was ridiculous. It was challenged, it was contradicted, it was impeached and at times it was mocked.”
Sneiderman, who denied ever having an affair with Neuman, was later convicted on false statements she made in court and during the investigation that followed her husband’s death in November 2010.
DeKalb County Superior Court Judge Gregory A. Adams rejected Neuman’s motion for a new trial last March. It could be up to nine months before the Supreme Court renders a decision.
“We’re very encouraged,” Key told reporters.
More details forthcoming on myajc.com and in Wednesday’s Atlanta Journal-Constitution.
About the Author
