Hemy Neuman seeks new trial - CBS46 News

Hemy Neuman seeks new trial

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DEKALB COUNTY, GA (CBS46) -

The man convicted of killing a father outside a Dunwoody daycare center appeared in court Tuesday to ask for a new trial.

In 2012, a jury found Hemy Neuman guilty in the shooting death of Rusty Sneiderman. Sneiderman was gunned down in November of 2010.

Neuman was reportedly having an affair with Sneiderman's wife, Andrea Sneiderman. She has denied any affair or involvement in her husband's murder.

In a motion filed with the DeKalb County court, Neuman's attorneys have listed 23 reasons he should be granted a new trial. Among them, lawyers cite the fact that Andrea Sneiderman was convicted of perjury for lying during Neuman's trial.

"Every time she opened her mouth, she told a lie," Neuman's attorney, Scott Key, told the court.

The defense argued Andrea Sneiderman's lies were key in his murder conviction.

"She lied about when she knew Rusty had been shot," said Key. "She lied when she said she wasn't romantically involved with him."

Prosecutors agreed that Andrea Sneiderman lied during Neuman's trial but said her testimony did not affect the outcome of the case.

"There was astonishing evidence in this case," said Prosecutor Anna Cross. "There was overwhelming evidence.  There was no dispute that the defendant shot Rusty Sneiderman."

Cross asked the judge to deny the request for a new trial.

"Could the verdict been returned without the testimony of Andrea Sneiderman?" asked Cross. "Of course, it could. Of course, it could."

Neuman was found guilty but mentally insane and is serving life in prison without parole. Andrea Sneiderman is serving five years for perjury.

After the hearing, Neuman's attorneys said he is mentally ill and should be found innocent because of his medical state.

"We've always said he was responsible for the shooting, but he was insane at the time," said Neuman's attorney Doug Peter. "We've never asked him to be released.  We've asked him to be found not guilty because of his insanity."

The judge in the case said he would rule on the motion for a new trial at a later date.

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