District attorney subpoenas video of Andrea Sneiderman testimony

DECATUR, Ga. — Channel 2 Action News has learned the DeKalb County District Attorney is moving forward with efforts to build a case against the victim's widow in the Dunwoody Daycare murder.

A jury convicted Hemy Neuman of killing Rusty Sneiderman last month, and a judge sentenced him to life in prison without parole.

But in his closing argument in Neuman's trial, District Attorney Robert James referred to Andrea Sneiderman as a "co-conspirator" in her husband's murder. Now, it appears he's convening a grand jury to review her testimony.

James' office sent a subpoena to WSB-TV requesting "the entirety of Andrea Sneiderman's testimony during the Hemy Neuman murder trial."

The video, which had already been broadcast live on WSBTV.COM during the trial, was provided in full cooperation before the provided deadline, 9 a.m. Tuesday, April 10.

James would not comment about his plans for the grand jury, but said, "Hemy Neuman has been brought to justice. I have certain beliefs about Andrea [Sneiderman]'s involvement, her level of involvement."

In an interview with Channel 2 investigative reporter Jodie Fleischer after Neuman's trial, James said if Andrea Sneiderman were going to face any charges in connection with the killing of her husband, prosecutors had to believe they could get a conviction.

"I'm a public official, and I hear what people say, and it's important to me what people think. But at the end of the day, when Mr. Geary and I walk into a courtroom with a case, he and I are satisfied that we have a good shot at proving that case beyond a reasonable doubt," James said.

Now, it looks likely that a grand jury will at least review portions of Sneiderman's testimony. For example, she told jurors she didn't know her husband had been shot until she got to the hospital.

Prosecutor: "Did they, at any time, tell you what happened to Rusty?"
Andrea Sneiderman: "Nope."

But her father-in-law testified that he heard the news from her much earlier on the morning of Nov. 18, 2010.

"Andrea called us, and she said Rusty had been shot; she was so, so sorry," Don Sneiderman testified during the trial.

One of her closest friends, Shayna Citron, corroborated that testimony.

Prosecutor: "Are you sure she said she was still on her way to the hospital?"
Citron: "Yes."
Prosecutor: "And she told you Rusty had been shot at that time?"
Citron: "Yes."

Fleischer asked prosecutors if Andrea Sneiderman made false statements to officers during the investigation.

"We told her straight to her face, 'You're lying, we know you're lying.' She'd look at us deadpan, and that was her story and she's sticking to it," Chief Assistant District Attorney Don Geary said.

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He and an investigator questioned Sneiderman multiple times before the trial.

Prosecutors admitted it was a tactical move not to charge her earlier, because they wanted her to testify against Neuman.

They believe the two had an affair, which Sneiderman adamantly denied despite several witnesses who testified to it.

"I believe she needs to be prosecuted for murder. It's not just my opinion, it's documented and supported by the evidence," said Doug Peters, a Neuman defense attorney, who has been vocal in calling for Sneiderman's arrest.

Hemy Neuman is already serving a life sentence for the murder. But, in his closing argument, the district attorney alleged Sneiderman was in on it.

"Why would she hide it for three months unless she's trying to protect herself and him? That makes him a co-conspirator," James said pointing at Neuman.

After the trial, James wouldn't address specifics, but hinted to Fleischer that some charges against Sneiderman are likely.

"Do I feel like she lied?" Fleischer asked.

"Yes," James said. "What we're not going to do is take the next step and say she perjured herself. But I think anybody with common sense can add one plus one and see what it comes up to."

Andrea Sneiderman's attorneys returned Fleischer's calls, but did not wish to make a statement.

WSBTV