CBS Atlanta News has learned that DeKalb County District Attorney Robert James plans to drop the murder charges against Andrea Sneiderman.
Sneiderman is accused of conspiring with her boss, Hemy Neuman, to kill her husband Rusty in November 2010 outside a Dunwoody daycare.
Neuman is serving life in prison for the shooting death. He and Andrea Sneiderman were reportedly having an affair.
Sources told CBS Atlanta News the DA still plans on prosecuting Sneiderman on perjury and making false statements.
There's a gag order in the case so the DA's office said they had no comment on anything. However, sources told CBS Atlanta News Sneiderman's attorneys unveiled some new evidence and that was enough to drop the murder counts.
Former DeKalb County prosecutor Ray Guidice said he's not surprised the defense reportedly pulled out a smoking gun in the 11th hour.
"Since that indictment was handed down well over a year ago, has evidence come to light to the district attorney or has he interviewed witnesses and done his homework that says, 'Wait a second, I can't prove this homicide charge in front of a jury of 12 people in DeKalb County.' I may need to rethink that," said Guidice.
On Friday, both sides will come together in a hearing to discuss a possible witness.
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