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Home > Allegation complicates Sneiderman prosecution

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Allegation complicates Sneiderman prosecution

'Third man' theory is inconsistent with original indictment, one legal expert says

By Mark Niesse Contact All Articles 

Daily Report

January 3, 2013

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Photo of Andrea Sneiderman

Andrea Sneiderman
File photo

The tangled murder case against Andrea Sneiderman for the death of her husband may have become more difficult to prove since prosecutors introduced suspicions of another man in her life.

The theory of the case alleged in the indictment—that Sneiderman worked with her boss, Hemy Neuman, to kill Rusty Sneiderman so they could be together and benefit from $2 million in life insurance—was cast into doubt when prosecutors suggested the idea that perhaps she had her husband killed so that she could be with a third man, Joseph Dell.

"The State is not sure about its case," said a Dec. 7 motion signed by Sneiderman attorneys Thomas Clegg, J. Tom Morgan, John Petrey and Douglas Chalmers Jr. "Counsel for the Defendant noted at the time that this new allegation was completely 'fanciful.'"

Dell told Sneiderman he loved her while she was jailed in August, and he separated from his wife while she was six months pregnant and Neuman's trial was pending, according to civil filings in a wrongful death suit against her. Sneiderman's attorneys responded that the two weren't in a relationship before Rusty Sneiderman's death, and the couple didn't live together.

Neuman was found guilty but mentally ill in March 2012, and he's serving a life sentence for gunning down Rusty Sneiderman as he dropped off his kids at a Dunwoody day care center.

No direct evidence of Sneiderman's involvement in the killing has been revealed, and the prosecution's point person on the case, DeKalb County Chief Assistant District Attorney Don Geary, recently quit for a similar job across town in Cobb County. Geary will be available to consult on the Sneiderman case, but he won't try the case and his replacement hasn't been named.

Sneiderman's defense attorneys are asking a judge to prohibit any mention of her relationship with Dell because they say it's irrelevant. DeKalb County Superior Court Judge Gregory Adams has scheduled a Feb. 21 hearing on the issue.

"Evidence of any relationship between Defendant and Dell (whatever it may be—is it really anyone's business?) after the death of Rusty Sneiderman can not be used as proof of any sort of motive regarding the death of Rusty Sneiderman," according to the motion.

The motion said there's no indication that Andrea Sneiderman and Dell were involved in a romantic relationship when Rusty Sneiderman was killed in November 2010, and the state should withdraw its indictment if it plans to claim Andrea Sneiderman's goal was to end up with Dell instead of Neuman.

Her attorneys also pointed out that Neuman's lawyers have said he would testify that they didn't work together in the killing, and they said there's no evidence that she and Neuman discussed the killing.

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  • Atlanta Medical Center
  • Superior Court
  • State of Georgia Association

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