Andrea Sneiderman, facing a wrongful death lawsuit and possible criminal charges for her alleged involvement in her husband's shooting, appears positioned for a legal victory over her in-laws.
Rusty Sneiderman's parents, who allege the widow has limited their contact with her two children, have asked a Fulton County Superior Court judge to appoint a guardian to settle their visitation squabble, a request the widow's attorneys have resisted.
"She is not opposed to visitation with the children, but she is opposed to a court-ordered visitation," Andrea Sneiderman's lawyer, Howard Gold, argued Tuesday before Judge Bensonetta Tipton Lane.
Lane didn't seem persuaded by opposing counsel Randy Kessler's argument that the widow is harming the children by not allowing them to visit their grandparents in Ohio.
"The issue here doesn't seem to be is there any harm. The issue here is should they spend a few hours in a hotel [with Don and Marilyn Sneiderman] or go to Cleveland," Lane said. "You've conceded you already have visitations; you just don't have all you want."
Andrea Sneiderman, whose former boss, Hemy Neuman, was convicted in March of murdering her husband outside a Dunwoody daycare facility, said in a court filing that her in-laws are not acting in the "best interests" of their grandchildren by alleging she was involved in her spouse's death.
Don and Marilyn Sneiderman have said they believe Andrea was involved in their son Rusty's shooting, a suspicion shared by both the prosecution and the defense in the Neuman trial.
But nearly four months have passed since Neuman's conviction for the November 2010 killing, and DeKalb County District Attorney Robert James isn't saying whether he'll seek an indictment of Andrea Sneiderman.
Meanwhile, Rusty's older brother, Steve Sneiderman, has filed a wrongful death lawsuit against her. Gold, arguing for limited discovery in the visitation dispute, said Tuesday he doesn't want this case to be a "stalking horse" for the other. Specifically, Gold requested no probing into his client's finances, personal life or "the circumstances of the death of her husband."
Kessler countered, "She doesn't want anyone to see what's going on."
Lane is expected to rule by week's end on the guardian appointment and the scope of discovery.
The two sides attempted mediation but reached an impasse June 28 — a little more than a week after Andrea Sneiderman sued her brother-in-law for defamation.
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