Andrea Sneiderman's defense attorney said Friday that he expects to apply for a change of venue in his client's upcoming murder trial.
"It would be difficult ... to get 12 jurors in the metro area that would be able to sit without considering all the things they've heard beforehand," defense co-counsel J. Tom Morgan said. "You've got to be living in a cave to know nothing about this case."
A DeKalb County grand jury indicted Sneiderman on Thursday on charges of malice murder, insurance fraud, racketeering and two counts each of perjury and false statements in connection with the November 2010 shooting death of her husband, Rusty Sneiderman. Andrea Sneiderman's former boss at GE Energy, Hemy Neuman, acknowledged that he shot Rusty Sneiderman and is now serving a sentence of life in prison without parole.
Meanwhile, Rusty Sneiderman's parents filed a motion in Fulton County Superior Court on Friday seeking emergency custody of their two grandchildren, ages 6 and 3. Esther Panitch, a lawyer who on Friday took over representation for Rusty Sneiderman's parents, brother and sister-in-law in the custody and visitation case, declined to comment.
Defense co-counsel Doug Chalmers said a response to the in-laws' motion will be filed early next week and "it will speak for itself."
Chalmers said the children were at the family's Lake Oconee home in Putnam County on Thursday morning when their mother was arrested — contrary to what DeKalb County District Attorney Robert James said at a news conference a few hours later.
"From my understanding, the children did not witness the arrest," Erik Burton, a spokesman for the district attorney's office, said Friday.
The children are now staying with Andrea Sneiderman's parents.
A bond hearing has been set for Sneiderman on Aug. 21 before DeKalb Superior Court Judge Gregory Adams, who presided over the Neuman trial.
As one of the conditions of bond, Sneiderman's defense team will have to show she will not attempt to influence witnesses. During Neuman's trial Adams barred Sneiderman from court for improper contact with a witness.
"Andrea didn't understand the rule of sequestration. Most people don't," Morgan said. "She's 36 years old, never been in trouble. She's a resident of the community. She would be a perfect candidate for bond."
Charges against Andrea Sneiderman
The allegations made in an eight-count indictment are:
— Malice murder
Sneiderman was a party to the murder of her husband the morning of Nov. 18, 2010, outside a Dunwoody day care.
Potential punishments: Life in prison with parole/life in prison without parole/death
— Attempted murder
Sneiderman provided to Hemy Neuman her husband's schedule so Neuman could kill him.
Potential punishment: Not less than one nor more than 30 years.
— Insurance fraud
Sneiderman received $2 million from her husband's life insurance policy with Northwestern Mutual Insurance Co.
Potential punishment: Not less than two nor more than 10 years.
— Racketeering
Sneiderman conspired with Neuman, with whom she was having an affair, to have her husband killed and obtain control of property, money and life insurance proceeds.
Potential punishment: Not less than five nor more than 20 years.
— Perjury
Testifying under oath in a judicial proceeding Feb. 21-22, Sneiderman said she did not have an affair with Neuman before her husband's murder.
Potential punishment: Not less than one nor more than 10 years in prison.
— Perjury
Testifying under oath in a judicial proceeding Feb. 21-22, Sneiderman said she did not know her husband had been shot before she arrived at the Atlanta Medical Center.
Potential punishment: Not less than one nor more than 10 years in prison.
— False statements
Sneiderman told police investigators she did not believe Neuman had anything to do with her husband's murder.
Potential punishment: Not less than one nor more than five years in prison.
— False statements
Sneiderman told police investigators she did not know her husband had been shot before her arrival at the day care on Nov. 18, 2010.
Potential punishment: Not less than one nor more than five years in prison.
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