Hemy Neuman's lawyers filed a motion Thursday to rescind DeKalb County Superior Court Judge Gregory Adams' ruling delaying the start of the Dunwoody day care shooter's trial.

Attorneys Doug Peters and Bob Rubin argue their client doesn't have to talk with a court-appointed mental health expert since he has already been interviewed by a psychiatrist for the state. Neuman has no plans to cooperate with the court's expert, say his lawyers.

Peters and Rubin asked Adams to start the trial Oct. 17, as originally scheduled. Adams postponed the trial on Wednesday because the court-appointed expert had yet to examine Neuman.

Neuman, who is pleading not guilty by reason of insanity to killing Rusty Sneiderman outside a Dunwoody day care facility last fall, has acknowledged the shooting.

Peters said that because of Neuman's alleged mental illness, he was unable to differentiate between right and wrong at the time of the slaying.

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