DEKALB COUNTY, Ga. — The Dunwoody widow convicted of lying on the stand during the trial of her alleged lover and the admitted killer of her husband is asking a judge for a new trial.
A jury convicted Andrea Sneiderman of perjury after prosecutors argued she lied on the stand about an affair with Hemy Neuman, her former boss at GE Energy.
In court Tuesday, her attorney argued that Sneiderman’s statements, truthful or not, had no bearing on the ultimate outcome of Neuman’s guilty verdict.
“Mr. Neuman's actions in planning the murder....disposing of the weapon and his motive for the killing remains undisturbed by Andrea Sneiderman's perjury conviction,” said Brian Steel.
Steel argued that prosecutors want it both ways, arguing before the Georgia Supreme Court two weeks ago that Sneiderman’s testimony wasn’t essential to the case, then turning around and arguing in Superior Court that it was.
“It’s a distinction without a difference,” he said of the prosecution’s argument.
Steel also argued that Judge Gregory Adams improperly instructed the jury before deliberations and used wording that he argues put weight to certain evidence and prejudiced the outcome.
“Most jurors look to the court as mighty, as learned and as just, so when a court tells a jury that something is proven, something is material, jurors tend to follow that instruction rather than use their own wisdom,” he told Channel 2’s Mike Petchenik outside of court.
Chief Assistant District Attorney Anna Green Cross argued Sneiderman’s testimony, even though picked apart by both the defense and prosecution, was still material to the case.
“The denial of the affair could have affected the jury's decision on that issue,” she said. “This Sneiderman jury had all of the evidence they needed to make the finding of materiality.”
Judge Gregory Adams said he would take the arguments under advisement and rule at a later date.
He also sustained the prosecution’s motion not to allow their Supreme Court briefs into the Sneiderman case.
Steel told Petchenik he wanted it on the record so he could use that in appeal at the next level.
One legal observer, not associated with the case, told Petchenik prosecutors have a dilemma on their hands.
“The district attorney can’t have it both ways. They’re going to be very hard-pressed to argue in the Superior Court to Judge Adams that hey, forget about what we said to the Georgia Supreme Court, we didn’t mean that,” said attorney Phil Holloway. “Their words, just like anybody else’s, can be used against them in court.”
WSBTV
