DEKALB COUNTY, Ga. - The man who murdered a Dunwoody father outside his son's day care wants a new trial -- again.
A jury convicted Hemy Neuman in the 2010 killing of Rusty Sneiderman outside of Dunwoody Prep preschool.
Neuman is currently serving a life sentence.
Channel 2’s Mike Petchenik has covered every angle of this case over the last nine years.
Neuman’s attorney told Petchenik on Tuesday that they have several concerned over things that happened during Neuman 's retrial three years ago.
But an attorney who represented the victim's family said the arguments don't hold water.
On Tuesday, Neuman walked into the DeKalb County Courthouse looking for a third chance in front of a jury.
Neuman admits that he shot and killed Sneiderman, but says he was insane when he did it.
During his first trial in 2012, jurors found him guilty but mentally ill.
But in a second trial, they only found him guilty.
His attorneys say that violates his right against double jeopardy.
“The guilty but mentally ill plea is for the benefit of the defendant, because, one, it provides for mental health treatment during the sentence. And two, it recognizes a reduced level of culpability,” appeals attorney Michael Tarleton told the court.
“It's not a double jeopardy problem because the guilty but mentally ill verdict of the first trial, was not a final judgement,” said prosecutor Anna Green Cross.
Neuman's attorneys also argued their star witness, a psychologist, wasn't able to properly testify about her belief that Neuman was mentally ill and didn't know right from wrong.
“Were you expecting that Dr. Flores would have testified the same about her opinion about his ability to discern right from wrong?” Cross asked a psychologist on the stand, who answered yes.
"I think most people wish that he would just fade into oblivion at this point," said Esther Panich, who was the former attorney for Rusty Sneiderman's family and Hemy Neuman's ex-wife.
She believes Neuman's efforts for a new trial are futile.
“I think this is a case of be careful what you wish for, you just might get it. Things got worse for him between the end of the first trial and end of the second trial, even though he requested the second trial," Panich said.
Judge Gregory Adams says he'll rule on the motions at a later time.
Petchenik contacted Sneiderman’s widow, Andrea. She said she wasn't aware of Tuesday’s hearing.
Petchenik also asked the DeKalb County District Attorney’s Office about the hearing. The DA told Petchenik that her office notified Rusty's parents and haven't been in contact with Andrea since her conviction on perjury charges several years ago.
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