Judge denies motion to dismiss case against Sneiderman

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DEKALB COUNTY, Ga. - A judge has denied a defense motion to dismiss the case against Andrea Sneiderman.

Andrea Sneiderman’s defense argued Tuesday the state had “utterly and completely” failed to make its case that the Dunwoody widow had an affair with Hemy Neuman, the man later convicted of killing her husband, and of lying about it to the police and on the stand.

“They have failed to prove their case beyond a reasonable doubt and we ask you to dismiss it,” Doug Chalmers argued.

Chalmers argued there is no evidence Sneiderman ever had a sexual relationship with Neuman, despite testimony from a Greenville, SC bartender who said she saw the pair dancing provocatively in a hotel bar and kissing.  He also argued there was no evidence Sneiderman reciprocated Neuman’s feelings.

“What is the definition of romance?” Chalmers queried.

Chalmers also questioned whether the state had proof the pair had stayed together in a hotel room in Longmont, Colorado in July 2010, while Sneiderman was there for a business trip. 

Investigators allege Sneiderman lied about Neuman even coming to Longmont, but Chalmers argued the question posed to her was whether Neuman had come to Denver, which is 40 miles away.

Chalmers also argued that there’s no evidence Sneiderman herself ever deleted texts and phone logs from the day of her husband Rusty’s murder, citing testimony from an FBI agent Monday who said he couldn’t pinpoint definitely the person who deleted the information, or whether it was a technical glitch that caused it.

Assistant District Attorney Anna Cross countered that the evidence is sufficient to bring the case to a jury, and that they are the “finders of fact” who should make the determination.

“There was kissing, dancing, rubbing,” she said of the contact between Sneiderman and Neuman.  “It was emotional.”

Chalmers implored the judge to dismiss the perjury charges because he said the law requires her statements to have been material to the case and that contradictory testimony from one other person isn’t sufficient to convict someone of that charge.

Cross argued her statements were material to the case.

“Any statement she said that supported Hemy Neuman's defense and undercut motive...is material.”

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.