Day Care Murder Conviction Overturned
Hemy Neuman was arrested and charged for the murder of Russell Sneiderman after Russell took his son to Dunwoody Prep Day Care on November 18, 2010. Neuman was a supervisor at GE Energy where Russell Sneiderman's wife, Andrea Sneiderman, worked. Neuman was found guilty, but mentally ill on March 15, 2012. He was then sentenced to life in prison.
In the beginning of August of 2012, Andrea was charged with malice murder, attempted murder, racketeering, insurance fraud, and two counts of perjury and false statements. The fraud charge comes from her making false statements to an insurance company to collect $2 million after her husband's death. She was charged with misleading the police investigation because she believed Neuman killed Russell, talked to one of her friends about it, and misled police by failing to disclose this information to the police when interviewed and by denying she'd had a romantic relationship with Neuman.
In July of 2013, Judge Gregory Adams dismissed the murder charges for Andrea because they did not have enough evidence to convict her. On August 19, 2013, she was convicted of 9 of 13 felony counts against her. She was sentenced to five years in prison.
The judge denied Neuman's request for a new trial in March of 2014.
On June 15, 2015, the Georgia Supreme Court reversed the conviction because they cited a violation of attorney client privilege. The decision was 6-1.
The majority opinion held that Judge Adams made a mistake by allowing the prosecution to enter the notes and records by two mental health experts who examined Neuman before trial into evidence. Neuman's attorneys were not planning on presenting those findings during the trial. The one justice who disagreed believed that Neuman signed a waiver when he met with the mental health professionals which stated that the exams were not confidential. He said that the waiver said that "anything could be disclosed in court," without specifying that only Neuman's attorneys would be authorized to make such court disclosures. One of the justices who wrote the majority opinion said that Neuman did not waive his right to attorney- client privilege when he plead insanity or with the waiver he signed.
The state is planning on retrying the case in the future.
Comments from Allen:
The records of a medical doctor or counselor who examines an accused before trial are confidential, unless the defendant or his attorney does something during the trial to waive confidentiality. The Georgia Supreme Court ruled that neither Neuman nor his attorneys "opened the door" to allow this evidence to be used against him, but the trial judge let that confidential evidence in. When potentially prejudicial evidence enters a trial by the mistake of a judge, the cure for that error is to throw out the resulting conviction, and give the State the opportunity, if it so desires, to try the case again before an untainted jury.
Judges must listen constantly to the evidence that comes in during a trial, and they are frequently called upon to make rulings on the spot. They are human and they make mistakes. Because they make so many mistakes, the law says that an erroneous ruling by a judge is not enough, in itself, to overturn a conviction. The error must be significant, and it must be concerning a major issue in the trial. Otherwise, the error will be considered "de minimus" (minimal) and the judgment will stand.
Sources for more information:
http://www.ajc.com/news/news/5-things-know-about-hemy-neuman-case/nmc49/
http://www.ajc.com/news/news/local/andrea-sneiderman-indicted-in-husbands-murder/nQXh8/?icmp=AJC_061515_internallink_hemyneuman
http://www.cbsnews.com/news/conviction-reversed-in-georgia-mans-day-care-murder/
http://www.courtchatter.com/#!Ga-Supreme-Court-reverses-Hemy-Neuman-conviction/c1oiw/557ed5480cf2205db3a9b4e7
http://www.dailyreportonline.com/id=1202729447371/Georgia-High-Court-Reverses-Hemy-Neumans-Murder-Conviction-Citing-Violation-of-AttorneyClient-Privilege?slreturn=20150515130443
 |
| Photo Source: AJC |
In July of 2013, Judge Gregory Adams dismissed the murder charges for Andrea because they did not have enough evidence to convict her. On August 19, 2013, she was convicted of 9 of 13 felony counts against her. She was sentenced to five years in prison.
 |
| Photo Source: AJC |
On June 15, 2015, the Georgia Supreme Court reversed the conviction because they cited a violation of attorney client privilege. The decision was 6-1.
The majority opinion held that Judge Adams made a mistake by allowing the prosecution to enter the notes and records by two mental health experts who examined Neuman before trial into evidence. Neuman's attorneys were not planning on presenting those findings during the trial. The one justice who disagreed believed that Neuman signed a waiver when he met with the mental health professionals which stated that the exams were not confidential. He said that the waiver said that "anything could be disclosed in court," without specifying that only Neuman's attorneys would be authorized to make such court disclosures. One of the justices who wrote the majority opinion said that Neuman did not waive his right to attorney- client privilege when he plead insanity or with the waiver he signed.
The state is planning on retrying the case in the future.
Comments from Allen:
The records of a medical doctor or counselor who examines an accused before trial are confidential, unless the defendant or his attorney does something during the trial to waive confidentiality. The Georgia Supreme Court ruled that neither Neuman nor his attorneys "opened the door" to allow this evidence to be used against him, but the trial judge let that confidential evidence in. When potentially prejudicial evidence enters a trial by the mistake of a judge, the cure for that error is to throw out the resulting conviction, and give the State the opportunity, if it so desires, to try the case again before an untainted jury.
Judges must listen constantly to the evidence that comes in during a trial, and they are frequently called upon to make rulings on the spot. They are human and they make mistakes. Because they make so many mistakes, the law says that an erroneous ruling by a judge is not enough, in itself, to overturn a conviction. The error must be significant, and it must be concerning a major issue in the trial. Otherwise, the error will be considered "de minimus" (minimal) and the judgment will stand.
***********************************************************************************************************************
Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning is an attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Attorney Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.
Sources for more information:
http://www.ajc.com/news/news/5-things-know-about-hemy-neuman-case/nmc49/
http://www.ajc.com/news/news/local/andrea-sneiderman-indicted-in-husbands-murder/nQXh8/?icmp=AJC_061515_internallink_hemyneuman
http://www.cbsnews.com/news/conviction-reversed-in-georgia-mans-day-care-murder/
http://www.dailyreportonline.com/id=1202729447371/Georgia-High-Court-Reverses-Hemy-Neumans-Murder-Conviction-Citing-Violation-of-AttorneyClient-Privilege?slreturn=20150515130443
Comments
Post a Comment