State rests in Andrea Sneiderman trial

by: Mike Petchenik Updated:

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DEKALB COUNTY, Ga. - Late Monday afternoon, the state rested its case against Andrea Sneiderman.

Cellphone records dominated the evidence Monday as week two began in the trial of a Dunwoody widow accused of lying to police and on the stand about an affair with the man convicted of killing her husband.

FBI Special Agent David Freyman testified that Sneiderman's work cellphone was missing texts and some phone logs that show communication with Hemy Neuman on the day of her husband's murder.

"My opinion is it was either deleted by the owner or user of the phone, or someone who that individual provided information to," Freyman testified.

On cross-examination, Freyman conceded that with technology it was possible the data was deleted because of a glitch, or possibly deleted by someone else after the phone was taken from Sneiderman.  He could not testify as to the content of the texts or phone calls.

Prosecutors allege Sneiderman lied to police and on the stand about the nature of her relationship with Neuman, her former boss at General Electric Energy, and hindered the apprehension of Neuman, who wasn't arrested for nearly two months after the shooting.  Sneiderman denies the affair and that she lied about it.  She also maintains that she gave police Neuman's name after the murder.

In separate testimony, Special Agent Chad Fitzgerald testified that his analysis of cellphone records showed that Sneiderman's cell phone and Neuman's cellphone were in the "same geographic area" of Longmont, Colo. during a business trip she took in July 2010.  Sneiderman previously told investigators Neuman had not traveled to Longmont to visit her.

Fitzgerald also testified records show Sneiderman called her former best friend, Shayna Citron, before she had arrived to Atlanta Medical Center, the location where she said she learned her husband was dead.  Prosecutors allege Sneiderman would not have known her husband was shot until she arrived to the hospital.

Sneiderman friend Steffi Miller told Channel 2's Mike Petchenik the mother of two cooperated fully with investigators and told them what she knew when she knew it.

“She gave them all the information, she said:  'Do your job,' and she trusted them to do it," Miller told Petchenik.  "They didn’t do their job.”

Miller said she asked Sneiderman point blank whether she'd had an affair with Neuman.

"She said: 'no,'" said Miller of Sneiderman's answer about her boss, who she said had divulged he was having marital and financial issues.  “I don’t think she did anything but walk naively into a trap set by a lunatic boss who had lost it.”

Defense attorneys asked for Freyman’s testimony to be stricken. They claim the DA failed to show chain of custody and said that phone evidence isn’t reliable now. The judge denied the motion to strike Freyman's testimony.

Channel 2 Action News has three reporters covering this trial. Follow Mike Petchenik, Jodie Fleischer and Richard Elliot on Twitter for updates. Click here to watch the trial live when in session.

The defense will begin arguing their case on Tuesday.