Dunwoody daycare shooting trial | Day 14: Closing statements begin
By Joel Provano
The Atlanta Journal-Constitution
Day 14 in the trial of Hemy Neuman, charged in the Nov. 18, 2010 death of Dunwoody businessman Rusty Sneiderman, opened Tuesday in DeKalb Superior Court.
Prosecution: DeKalb DA Robert James and Chief Assistant DA Don Geary.
Defense: Attorneys Bob Rubin and Doug Peters
Judge: Gregory Adams
Watch the trial live
11:28 a.m.: "I suggest to you there's one thing that we and the DA's office and each of you have in common in this case -- that Andrea Sneiderman is playing each of us for a damn fool." He then tried to discredit the testimony of Dr. Pam Crawford, the state's expert witness, who was not board-certified.
11:25 a.m.: Peters notes that Neuman told the truth about all the details of the killing, including the disguises, but he he did it to hide it from Sneiderman because if she knew what he was doing they couldn't be together forever. He talked about what effect Sneiderman's push and pull of Neuman had on Neuman's delusional state of mind, according to the psychologists who testified. Dr. Marks said its like stoking the fire at a time when Neuman was spinning out of control, according to Peters.
11:20 a.m.: Peters notes that Sneiderman tells her friend in late December that she thinks Neuman killed her husband, but doesn't go to the police for six days, but continues to email Neuman and sends him an email about wanting to meet him when she visits the office. "It means she wants to further manipulate him so that the trail does not leave back to him."
11:15 a.m.: Peters tells the jury: "When you now for a fact that she is a liar when she says she didn't have an affair, that you know for a fact that she is a liar when she says she didn't manipulate Hemy."
11:10 a.m.: Peters says that on Nov. 19, the day after the shooting, Sneiderman lies to police about whether Neuman tried to break up her relationship. In this case, Andrea has said two things: I didn't have an affair and I didn't manipulate Hemy. I suggest to you it's up to you to decide whose telling the truth in this case."
11:07 a.m.: Peters mentions phone records that show that the morning before Neuman earlier tried to shoot Rusty at his home. He notes that one hour before that Andrea put in two calls to Hemy and that 30 minutes after he ran away, they were back on the phone. "Andrea Sneiderman set it in motion. Neuman was crazy."
11:05 a.m. Peters: "Andrea knew Hemy was losing his mind. Noone else did." He asked the jury to consider the testimony of Dr. Flores and Dr. Marks. He mentions the second trip to Greenville where the couple were groping and kissing and dancing.
11 a.m.: Peters reviews some of the those emails, especially those where Neuman asks Sneiderman to marry him and how close he felt to her children. "You telling me she didn't understand that he was losing his mind? He reads other emails where Sneiderman is pushing and pulling at Hemy Neuman."
10:56 a.m.: Peters notes that in Greenville, S.C., the couple had dinner, dancing and sex, but then Sneiderman pushed him away again. Dr. Flores reviewed telephone records in the case. Andrea and Rusty shared almost 1,500 telephone messages and calls between them. Peters mentions the hundreds of photos that Sneiderman sent to Neuman.
10:55 a.m.: Please consider what Dr. Marks and Dr. Flores has shared with you: under erotomatic delusions, he will try to pursue the object of his delusion by trying to rescue him or her from some imagined danger. "What they have told you is fundamental medical science that has been put in the bible of medical science and it fits just like a glove for what Hemy was experiencing."
10:50 a.m.: Peters mentioned Dr. Marks' testimony about a common characteristic of delusion is the apparent normality and when their delusions are not being discussed or acted on. "What does that tell us about who knew that Hemy was spinning out of control. The person who knew that was the object of his delusion, Andrea Sneiderman."
10:46: Peters says a trip to Melbourne, Fla. and other business trips with Sneiderman began Neuman toward his decision to kill Rusty. I response she said to Hemy, that will never happened. I am committed to Rusty." But she said she fantasized about him and allowed him to give her a foot rub back in the hotel. "
10:43: The testimony in this case was that Andrea was a shrewd, smart lady on her own. She was smart and knew what she was doing. The evidence shows she guided Rusty through several jobs, none of which paid out." For the first time in their marriage, she takes on the role of breadwinner and takes a job at GE, he notes. For the first time, Rusty Sneiderman was staying at home and that caused problems in their relationship.
10:40 a.m.: "This case is also about one bad, really bad woman, Andrea Sneiderman -- adulterer, tease, calculator, liar and master manipulator. I respectfully suggest to you that following this trial that Webster's dictionary should be changed and this day forward, anyone who looks up the definition of evil will see nothing more than a photograph of Andrea Sneiderman."
10:35 a.m.: Court resumes with Defense attorney Doug Peters. "This case is about two good men, Rusty Sneiderman, 36 years old, from a great family, bright well-educated, graduate of Harvard, a hard worker; a great father to two precious children. Hemy Neuman, 48 years old, from a good family but clearly a troubled family. Bright, well-educated; honor graduate from Georgia Tech, a hard worker, a great father to three precious children. On Nov. 18, the lives of each of these good men were altered forever. and so we are all left here asking why. why is it that this could ever possibly have happened?
10:22 a.m.: Rubin concludes: "At the end of the day we have shown, by a preponderance of the evidence, that Hemy Neuman is not guilty by reason of insanity. Thank you."
10:20 a.m.: Rubin tells jurors that if they find Neuman not guilty by reason of insanity, he will not go free but will be committed to a state mental health facility and "only Judge Adams can decide when, if ever, he is released."
10:12 a.m.: "There is not a single piece of evidence that Hemy researched how to malinger," Rubin says. "Which brings me to Pam Crawford, a psychiatrist in South Carolina ... who was a board certified forensic psychiatrist but let that lapse in 2008 and never thought to notify the South Carolina board ... the truth is, she's not board certified." Rubin says Crawford testified that she called the medical board in Georgia to make sure she wasn't committing a crime by practicing in Georgia, but "didn't get it in writing" and didn't know who she talked to. Rubin tells jurors, "Two people sat in that witness stand and lied to you: One is Andrea Sneiderman and the other is Pam Crawford. One got $2 million and the other got $60,000. That's the state's expert."
10:07 a.m.: All tests corroborate that Hemy Neuman is not faking and is bipolar with mania and delusions, Rubin says. The state hires Pam Crawford, but she didn't perform tests to determine if Neuman was "malingering." None of the state's experts performed such tests, he says. "They just chose not to confirm it ... they chose to ignore it."
10:03 a.m.: Rubin says in 2010, "things are falling apart" and sees the demon again. He's unhappy with his job, he's unhappy at home, he has financial difficulties. Neuman asks why Crawford, the prosecution expert, didn't explore these areas even though she took the time to read 7,000 pages of evidence.
10:00 a.m.: Rubin says Neuman never said the demon was "Barry White." Rubin calls it "significant" that in 1998 Neuman left a good job in Israel to move his family to Florida and "blows through" $100,000. And in 2008, despite being $70,000 in debt, he goes to his 401-K and pulls out $100,000 to pay off those debts but doesn't pay off the debts. He ‘blows through' that money. Rubin says.
9:55 a.m.: Rubin talks about Neuman being sent alone to boarding school in Israel and says Neuman is still traumatized by it, as seen in the interview with Dr. Pamela Crawford, the state's expert witness. When he's left along on a Jewish holiday, "It hits him: He is alone, he is on his own and he is depressed, and for the first time he sees and feels ... the demon. And the demon tells him to "come with me," which means suicide.
9:50 a.m.: Rubin says Dr. Marks said the center of this case is Hemy Neuman's childhood. Some people who are abused as children suffer for the rest of their lives. Flores and Marks both reached the same conclusion without conferring with each other: that Neuman's father was abusive. "And there's no question that Hemy Neuman's mom was not there for him," Rubin says. "She was not there for them, she did not protect them ... she was out partying, she was out traveling, she was everywhere but home."
9:45 a.m.: Dr. Adriana Flores, who has treated and evaluated hundreds of people ... did a forensic evaluation, put her reputation on the line ... Dr. Tracey Marks, who also evaluated Neuman ... neither one of them a hired gun for the defense. Both of them told you that the dozens of evaluations they conducted ... Dr. Marks said she didn't need to read 6,000 pages of documents, most of which didn't have to do with why, most of them had to do with "who." They didn't need to spend 300 hours looking at 7500 pages of documents.
9:42 a.m.: Rubin says the first tests performed on Neuman indicated there was evidence of bipolar disorder.
9:40 a.m.: Rubin cautions jurors against viewing "guilty but mentally ill" as a compromise, because that is still a conviction.
9:35 a.m.: Rubin says the defense has to prove insanity by "the preponderance" of the evidence. The state, he says, must offer "proof beyond a reasonable doubt" that Neuman committed the act and knew it was wrong. Absent that proof, "you must acquit Hemy Neuman," he says. Rubin tells jurors they have four options for a verdict: Not guilty, not guilty by reason of insanity, guilty beyond reasonable doubt and guilty but mentally ill. That Neuman did not kill Sneiderman "is not an option we're asking you to consider" but Neuman thought he was protecting the Sneiderman children and didn't know he was doing wrong, he says.
9:33 a.m.: Rubin says Georgia law requires that a person be able to distinguish between right and wrong to be convicted of murder. The law, he says, is for humane reasons. "There has to be both the act and the ability to know that the act was wrong."
9:31: Bob Rubin opens for defense. "On November 18 2010, two worlds collided with terrible, tragic consequences. Rusty Sneiderman died that day. Hemy Neuman is now on trial for murder." The Sneidermans "lost a brother, a son, two children lost a father. ... but we can't compound that tragedy by convicting Hemy Neuman of the murder. Hemy Neuman ... did not have the mental capacity to distinguish right from wrong at the time of the shooting ... in fact, he thought he was doing the right thing, as bizarre as that would be to any of us."
9:30 a.m.: Adams explains procedure to jurors, says each side can take two hours.
9:25 a.m.: Adams returns, warns gallery there must be no outbursts during closing arguments. Adams orders jury in.
9:20 a.m.: Adams calls five-minute break.
9:00 a.m.: Judge Adams enters courtroom. Prosecutor Don Geary is arguing for a motion about what can be stated to the jury regarding Neuman's confinement if he is found not guilty by reason of insanity. Adams rules defense can state that Neuman will not be released if found not guilty. Geary files a second motion to "restrict allegations that were never proven at trial" regarding whether prosecution expert Dr. Pamela Crawford was practicing medicine without a license when she performed a forensic examination of Hemy Neuman. Adams rules the defense cannot accuse Crawford of committing a crime.
