A DeKalb County judge has scheduled a hearing Friday in the Andrea Sneiderman murder case.
Sneiderman is accused of conspiring with her boss, Hemy Neuman, to kill her husband Rusty in November 2010 outside a Dunwoody day care.
Neuman is serving life in prison for the shooting death. He and Andrea Sneiderman were reportedly having an affair.
Prosecutors have asked the judge to allow Melanie White to testify when Andrea Sneiderman's trial starts on Monday. White was Neuman's former realtor and friend. She testified during Neuman's trial that he told her he had an affair with Andrea Sneiderman.
"It's a pretty far leap from the fact that there was an affair to the conspiracy to kill him, but it's one step in that direction and that's why the state would want to introduce that evidence," said former prosecutor Ken Hodges.
Hodges said it is likely Andrea Sneiderman's defense team would not want White's testimony allowed since it is hearsay. Hodges said the only one who can confirm her testimony is Neuman, and he is not scheduled to testify in Andrea Sneiderman's murder case.
The latest motion comes as there is talk behind the scenes that prosecutors will drop the murder charge she faces, if she pleads guilty to perjury and making false statements.
"If they would offer a plea deal that resulted in Andrea Sneiderman being free, in other words not going to prison, that would be very difficult to turn down for the Sneiderman's defense team and for Ms. Sneiderman," said Hodges.
Andrea Sneiderman faces life in prison, if convicted of murder.
"She's facing a very stiff penalty, if convicted, so the certainty of a negotiated plea, if offered, would be one if I were on the defense team, that I would strongly urge her to consider," Hodges said.
Jury selection in the case begins on Monday.
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