Tuesday, February 19, 2013

Ariela Neuman seeks to Quash a Subpoena


Ariela Neuman’s Motion to QuashDeposition Subpoena

[The Link to the Motion to Quash is at the end of this post]
                                                                                                        
On February 19, 2013, Ariela Neuman, the ex-wife of Hemy Neuman,filed a Motion to Quash a Subpoena served on her by Andrea Sneiderman’sattorneys.  IF you don't know, Hemy Neuman admitted to shooting RustySneiderman, and was convicted of the murder.  

The subpoena, issued in the criminal matter, requires Ariela to produce documents by Feb. 21st. Andrea Sneiderman's attorneys are looking for information to use in Andrea's defense. Ariela contends the request is improper. Ultimately, a Judge will decide what documents she must produce.   

While thetechnical and legal arguments may be quite boring to read, even for manyattorneys, there are two footnotes that will raise an eyebrow or two. These footnotes allegedly quote some of the jailhouse conversationsbetween Joseph Dell and Andrea Sneiderman during Sneiderman’s incarcerationafter her arrest. I will let you draw your own conclusions from these allegedstatements. However, I’m curious to hear what you think about AndreaSneiderman’s alleged consideration of Sandra Bullock to play Sneiderman in amovie about this case.

Remember,this matter is about Rusty Sneiderman. Rusty Sneiderman lost his life. His two young kids will likely only have photos to remind them abouttheir father. It seems they were probably too young to develop memories thatwould not fade within a few years. What Would Sandra Bullock Do? #WWSBD

Please send your questions and comments to me soI know what you really find important.

As promised,here is link to a copy of the Motion to Quash.


Follow me on twitter forinstant updates and additional info on this case, including the pending civilmatters, links to good articles, and links to live streams of hearings and thetrial.  I welcome your comments and criticism.
For inquiries or more information:   

Email David Weinberg

The Re-Indictment of Andrea Sneiderman


The Re-Indictment of Andrea Sneiderman

[The Link to the Re-Indictment is at the end of this post]
                                                                                   
On February 19, 2013, the DA filed a Re-indictment of Andrea Sneiderman. The State dropped the RICO and Insurance Fraud counts. But, the State added several new counts.  Here are all 16 Counts:

(1)  Malice Murder
(2)  Felony Murder
(3)  Aggravated Assault
(4)  Hindering the Apprehension of a Criminal
(5)  Concealment of Material Facts
(6)  False Statement
(7)  Perjury
(8)  False Statement
(9)  Perjury
(10)         Perjury
(11)         False Statement
(12)         Perjury
(13)         False Statement
(14)         Perjury
(15)         Perjury
(16)         Perjury

I will follow up as soon as possible with analysis and commentary on this development.  For now, please send your questions and comments to me so I know what you think is important.

As promised, here is link to a copy of the Re-indictment.


Please follow me on twitter for instant updates and additional info on this case, including the pending civil matters, links to good articles, and live streams of hearings and the trial.  I welcome your comments and criticism.
For inquiries or more information:   

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Thursday, January 24, 2013

Andrea Sneiderman Seeks to Postpone Depositions in Civil Matter



[Links to Andrea's Motion and the Plaintiff’s Response are at the end of this post.]

On January 4, 2013, Andrea Sneiderman moved the Court in the civil forfeiture action to postpone all depositions, including hers, until after the criminal case against her is resolved.  Andrea Sneiderman's attorney's explain "the simple reason is that Mrs. Sneiderman should not be placed in a position where she is forced to defend against the allegations in the State's forfeiture case and, in so doing, potentially make statements in deposition testimony that the prosecutors will attempt to use against her in the Criminal Case." 

The Defense Attorneys further explain, "to protect herself, she may choose to assert her right against self-incrimination under the Fifth Amendment and/or under O.C.G.A § 24-9-27 and refuse to answer certain questions.”  Andrea’s attorney’s conclude the result is Andrea Sneiderman is “between a rock and a hard place.”  If she takes the 5th, there may be a negative inference imposed in the civil matters; if she answers questions, the prosecution will use her statements against her.  Consequently, Andrea’s attorneys contend, it is highly likely that Andrea would take the 5th to numerous questions which would require the Court to later evaluate each and every assertion of the 5th to determine whether it was properly asserted or whether Andrea must answer the question.

In response, attorneys for the Estate of Russell Sneiderman counter that, “[Andrea] repeatedly claims that she has done nothing to warrant the legal mess that she finds herself ensnared in . . . and that if she only could have the opportunity to have her story told, she would be exonerated.”   Counsel for the Estate continues, “when finally provided with the opportunity she asked for to answer questions about her role in the slaying of her late husband, the Defendant instead intends to cowardly seek shelter in the Fifth Amendment.   “[Andrea’s Motion] represents yet another desperate attempt by Defendant . . . to demand to be treated differently than any other person charged with crimes in the State of Georgia.”  Plaintiff’s counsel adds that delaying the depositions prejudices the minor children who are entitled to the insurance money paid to Andrea from policies on Rusty’s life.  

The lawyers on both sides delve a little deeper into the law supporting their arguments, slicing and dicing the legal technicalities.  But, this summary should give you a good overall picture from which to make your own decision about whether Andrea should be compelled to testify at a deposition in the civil matter or whether she may wait until the criminal trial ends.  

To be sure, both sides make valid points.  Andrea will undoubtedly be put in a classic Catch 22 if she has to sit for a deposition.  But, by itself, that is not typically sufficient reason to postpone depositions.  Witnesses always risk saying something in a deposition that hurts their case.  It should be no secret that Attorneys take depositions, in part, to get information to use against the witness.  One reason witnesses may assert the 5th amendment is to avoid answering questions that tend to implicate them in a crime.  Likewise, if your answers do not tend to incriminate you in a crime, you have no need to assert the 5th Amendment.  On the other hand, even the best, most innocent, answers can be turned around and used against you by a good attorney.  That is why you hire your own attorneys to defend you.  
So, perhaps the risk of incriminating herself is not the strongest ground upon which Andrea could seek to postpone her deposition.  But, that is the argument her attorneys make.  

Ultimately, the decision is for the Judge to make.  And, Judges have extremely broad discretion to control discovery and depositions.  I would not be surprised if the Judge agrees with Andrea.  Only in cases where a Judge abuses her discretion will she be reversed.  It would be a big win for Andrea if she can postpone depositions until after the criminal trial.  

I do not envy the Judge making this decision.  It is not as easy as you may think.  The briefs are relatively short and provide useful, insight into this fierce battle.  I encourage you to read  them, consider both sides, and then pretend you are the Judge.  Tell me, how would you rule and why?  As promised, here are the briefs:



Please follow me on twitter for instant updates and additional info on this case, including the pending civil matters, links to good articles, and live streams of hearings and the trial.  I welcome your comments and criticism.
For inquiries or more information:    

Wednesday, January 16, 2013

The Defense Pre-Trial Motions as of 1/16/13

There are the three pre-trial motions filed by Andrea Sneiderman's defense team for the December 7, 2012, deadline.

1.  Motion in Limine

2.  Motion to Dismiss

3.  Motion for Juror Questionnaire

Enjoy, and share your comments and questions either here, or twitter @SpeakerDave, or on Facebook:  Dunwoody Murder Trial Drinking Club #DMTDC


Tuesday, October 9, 2012

Update: What if the DA Agrees to Change Venue?


What if the DA agrees to change venue?

In my August 25th post about change of venue, I did not address the possibility that the DA might to agree to change venue.  A change of venue would address the issue whether it is possible to obtain an impartial jury not already influenced by pre-trial publicity of this case.

Andrea Sneiderman wants to find jurors that know absolutely nothing about this case.  She wants jurors who have not seen the Hemy Neuman trial or her testimony from that trial. She wants jurors who have not yet been swayed against her by the pre-trial publicity.  She would contend that it is impossible to seat an impartial jury from DeKalb County.  She would contend it is impossible to find a panel of jurors that has not been prejudiced by pre-trial publicity.  In short, she wants a change of venue in order to seat a jury that is unaffected by the pre-trial publicity. 

While the DA may see an advantage by keeping this trial in DeKalb County for many reasons, the DA might agree to a stipulation to change venue for other strategic reasons.  A stipulation as to a change of venue would eliminate any ground Andrea would have to appeal an unfavorable verdict (e.g. guilty) based on an inability to obtain an impartial jury on account of pre-trial publicity.  

I would suspect all parties would prefer to keep the trial at the DeKalb County court house for convenience.  As nice as some of Georgia's remote counties are, spending five weeks away from home for a trial can be a strain on anyone.  Nevertheless, if the parties agree on how to pay the costs to import a jury from one of Georgia's 159 Counties and house them for the anticipated 5 week trial, Andrea would get her new jury pool and everyone could stay local.  In the alternative, the parties could agree to move the trial to a different county, in a different court house, and even with a different Judge.

If the matter is moved to a different County, Judge Adams may still preside over the trial.  Do not forget, however, that Judge Adams has several cases that he must handle while presiding over Andrea's trial, and those cases are not paused during the pendency of a long trial.  Judge Adams cannot be away from his court room for five weeks.  If you recall, there were several occasions that the Judge would pause the Hemy Neuman trial for an afternoon, or for a day, so that he could conduct other business, i.e. attend to other cases, or personal matters.   Thus, for Judge Adams to handle this case in another County would mean having to coordinate attending to other matters.  It is possible, but would certainly put a strain on the Judge.  

I would remind readers that a change of venue is, first and foremost, a method of changing to a jury pool that is unaffected by pre-trial publicity.  It does not necessarily mean a new physical location or new Judge.  For fans of Judge Adams, I think it is still likely Judge Adams will preside over this trial even if there is a change of venue either by order of the Court or by stipulation of the parties.  Judge Adams is very familiar with this matter, and the law favors the resulting judicial economy and efficiency from having a judge familiar with the case, parties, counsel, etc.

I mentioned above that Georgia has 159 Counties.  Outside the metro areas of Atlanta, Macon, Augusta, Columbus and Savannah, Georgia is less metropolitan.  I am a Georgia native.  I love my southern roots.  I thoroughly enjoy day trips to Georgia’s rural cities.  However, for the purposes of litigation strategy, you have to consider that Georgia's rural areas are considered to have conservative juries presenting an entirely different challenge to overcome as opposed to pre-trial publicity. 

If I were Andrea's defense team, I would have serious reservations about moving this trial into a rural area where Andrea Sneiderman could ostracize the jury merely because she is not like them, e.g. she is Jewish, wealthy, highly educated, married a Harvard graduate, etc.  “My Cousin Vinnie” was a movie, but recall the jury animosity towards the Karate Kid at the outset of that trial?  It was creative Hollywood scriptwriters that wrote an acquittal.  In the real world, jury selection is an industry in and of itself.  Perhaps that is why Andrea’s lawyers may have suggested Savannah, as reported by the Crier?  Savannah may not be as metropolitan as Atlanta, but it is certainly not as rural as some county seats, such as Talbotton, in Talbot County, Georgia. (To the 7000 residents of Talbot County, and the 1200 or so in the city of Talbotton, please direct your comments to my address below).

I tend to think Andrea would do better staying in an Atlanta metro-area county and screening a large jury pool, searching for individuals who have not followed the pre-trial press. Yes - as unlikely as it may seem to some of you reading this blog from the other side of the globe, there are people in Atlanta, lawyers in my office even, who reside in DeKalb county, who would not recognize such names and phrases as “Andrea Sneiderman,” “Hemy Neuman,” “Shayna Citron” or “Dunwoody Daycare Murder.”  

Regardless of whether there is a change of venue, we all should still be able to view the trial unless a new court or judge determines it does not want cameras in its courtroom. 

For inquiries or more information: 

(404) 844-5700



Monday, September 24, 2012

Join the Dunwoody Murder Trial Drinking Club #DMTDC


If you are enjoying the debates about the Andrea Sneiderman and Hemy Neuman murder cases, there are other people that want to meet you, especially if you are in the Atlanta area.  

I lead a periodic in-person discussion group called the Dunwoody Murder Trial Drinking Club (#DMTDC, for short).  We have been featured on InSession and in local Atlanta news outlets. While we have more than 60 online members, our gatherings usually attract 6 to 12 individuals for happy-hour discussions at a Dunwoody pub.  

If you want to be part of the best Dunwoody day care murder trial discussion, on and off the internet, then visit the  Dunwoody Murder Trial Drinking Club Facebook Page.

I practice law with Winter Capriola Zenner, LLC in Atlanta, Georgia.  I grew up in Dunwoody and live in the Atlanta area.  I litigate business and real estate disputes, and also provide legal analysis and commentary regarding high-profile civil and criminal cases in the Atlanta Area.  I regularly tweet and welcome your comments and questions.


For inquiries or more information: 

Email David Weinberg

(404) 844-5700

Saturday, August 25, 2012

What if Andrea Sneiderman Seeks A Change of Venue?


What if Andrea Sneiderman Seeks a Change of Venue?

Venue is typically thought of as the geographic location of a legal proceeding, and most important in this case, the location from where the jury pool will be picked.  Currently, venue for the Andrea Sneiderman murder case is in DeKalb County, Georgia.  This is the County in which the alleged crimes occurred.

Andrea Sneiderman's lawyers have hinted they will file a motion with the Court asking for a change in venue.  Given the historically low chance of obtaining a change in venue, Andrea Sneiderman may put her attorney’s resources to better use.  However, should she move to change venue, this purpose of this article is to look at what that motion really means and try to provide an educated guess as to the likely outcome. 

In this case, the focus of a change of venue motion will be the pretrial publicity given to this case and whether because of such publicity it is possible to have an impartial jury. 

But, before we reach that primary issue, regardless of whether venue is moved from DeKalb County to a different county, Judge Adams is likely to remain the presiding judge (unless he is disqualified – an unlikely event). Georgia's Uniform Superior Court Rule 19.2 provides that:

When a criminal action is to be transferred to the superior court of a county different from that in which initially brought, the superior court judge granting the venue change, unless disqualified, shall continue as presiding judge in the action.

The main issue for the Judge to determine in considering a change in venue is whether an impartial jury may be obtained.  This does not mean that a potential jury must possess absolutely no knowledge about the case, but rather that the juror must be impartial – in other words, the potential juror must not have already been swayed as to Andrea Sneiderman’s alleged guilt as a result of the pretrial publicity.  For you reading this article, you are probably very familiar with this case, and you have may have formed an opinion to some degree regarding the merits of this case and/or Andrea Sneiderman’s guilt.  While I would admonish you to try to remain impartial until the evidence is presented at trial, you should also recognize that there are people somewhere, and perhaps in DeKalb County that have no knowledge about this case.

As to a Motion for Change of Venue, the proper place to start is the rules the Court will apply in making its decision.  Georgia statute § 17-7-150 provides, in pertinent part:

(a)(1) The defendant ... may move in writing for a change of venue, whenever ... an impartial jury cannot be obtained in the county where the crime is alleged to have been committed. Upon the hearing of the motion it shall not be necessary to examine all persons in the county liable to serve on juries, but the judge shall hear evidence … in support of or against the motion. If … the judge is satisfied that an impartial jury cannot be obtained ... the judge shall grant a change in venue; the judge shall transfer the case to any county that may be agreed upon by the prosecuting attorney and the defendant or the defense counsel... [or a County selected by the Judge].

The same statute also provides that although the jury pool may come from a transfer county, the trial may still take place in the original county.  O.C.G.A. § 17-7-150(a)(3).  That’s right, even if the Judge grants a change of venue, not only can Judge Adams still preside over the case, with the same prosecutors, he may choose to do so in his courtroom in DeKalb County.  Historically, trials may have been physically transferred to a distant county when there was a fear that a defendant may be lynched or was otherwise in physical danger.  Thankfully, we have progressed beyond those barbaric practices, and maybe one day the internet lynch mobs will subside and the presumption of innocence to which we are all entitled will prevail. 

So, how does a Court decide whether to transfer venue in a criminal case?

According to a Georgia Supreme Court case, “a capital defendant seeking a change of venue must show that the trial setting [is] inherently prejudicial as a result of pretrial publicity or show actual bias on the part of the individual jurors.”  Gissendaner v. State, 272 Ga. 704, 706 (2000).  Furthermore, “[t]he decisive factor in determining whether a change of venue is required is ‘the effect of the publicity on the ability of prospective jurors to be objective.'”  Id.  “A change of venue is required when a defendant can make a substantive showing of the likelihood of prejudice by reason of extensive publicity.”  Id.

The background facts from the Gissendaner case are interesting as well as instructive. Gissendaner, is factually similar to the Andrea Sneiderman case. Defendant, Kelly Renee Gissendaner was not originally suspected to have any involvement in the murder of her husband.  Gregory Peter Owen, with whom Gissendaner was involved in a relationship however, plead guilty and received a life sentence.  Gissendaner was convicted in Gwinnett County, Georgia (part of the Metro-Atlanta area) and received the death penalty.  Here is the Georgia Supreme Court's summary of Owen's testimony at Gissendaner's trial: 

it was [Gissendaner] who first raised the idea of murder and that she later raised the idea again several other times. Owen suggested divorce as an alternative, but Gissendaner insisted upon murder because she believed she would receive insurance money from her husband's death and because she believed he 'wouldn't leave [her] alone by just divorcing him.' Gissendaner had previously stated to Owen's sister that she intended to use the victim's credit to get a house and then 'get rid of him.'

In addition, “After the murder, Gissendaner concealed her relationship with Owen from police and claimed not to have initiated contact with him for some time. Telephone records, Owen's testimony, and other witness testimony proved otherwise.” Gissendaner v. State, 272 Ga. 704, 705 (2000).
                                                                                           
Okay – back to the venue issue.  In Gissendaner, the Court waited until voir dire – the individual jury selection process – to decide the venue issue and ultimately did not transfer venue.  The Court examined the pretrial publicity that may have been damaging to Gissendaner's defense, particularly a statement of admission that was later suppressed at trial.  The Court also reviewed newspaper and television coverage and concluded that it was neither “so extensive and inflammatory nor so reflective of 'an atmosphere of hostility' as to require a change of venue.” Id

The trial Court excused 13 of 111 jurors in the jury pool based on their exposure to pretrial publicity.  Jurors with some exposure to pretrial publicity but with limited and vague memories of their exposure were properly permitted to serve on the jury.  “A prospective juror need not be 'totally ignorant of the facts and issues involved' in a criminal proceeding in order to be qualified to serve.”  Gissendaner v. State. at 707.  In short, the jurors permitted to serve on the jury had no recollection of the substance of the pretrial publicity that created prejudice against the defendant.

So what does all this mean for Andrea Sneiderman?  It means that her attorneys must first find and introduce the pretrial publicity that they content prejudices potential jurors.  They must then present the evidence to the Judge at a hearing on the motion to transfer venue.  The Judge may then decide to deny the motion, grant the motion, or withhold ruling pending voir dire of the jurors at trial.  It also means that Judge Adams may decide to pool 300 potential jurors, like the Hemy Neuman trial, and find 12 plus alternates that have no knowledge of this case.

Unlike Gissendaner, Sneiderman has maintained her innocence as to all charges to date.  The inculpatory statements made by Andrea Sneiderman occurred during the trial of Hemy Neuman.  Nevertheless, there has been extensive media coverage of this case, perhaps far more extensive than the Gissendaner case.  The Neuman trial was streamed live on the internet, broadcast on cable, and has recently been replayed on TruTV and in clips on the internet. 

Andrea Sneiderman's attorneys have said that you would have to live under a rock to not have any knowledge of this case – and they may be right.  To that claim, the DA will likely argue (1) the proper test is whether a juror is prejudiced and lacks impartiality, not whether they have a complete absence of knowledge about the case, and (2) there are people in DeKalb county that have no knowledge of this case, we will find them during jury voir dire, i.e. we will look under the proverbial rock.

As a fun exercise, during the last meeting of the #DMTDC at the Firkin & Gryphon in Dunwoody, about 1 mile from the site of Rusty's murder, I asked a few random people if they recognized Andrea's photo, her name, or were familiar with the Dunwoody daycare murder.  Not one person recognized Andrea's photo or name, and only one person had heard of the case, but had no concrete recollection of what it was about.  Likewise, I work with attorneys, one of which lives in DeKalb County, who have no knowledge about this case.  While my sample size isn’t large enough to be statistically relevant, it is indicative of the possibility that Andrea Sneiderman can obtain an impartial jury in DeKalb County. 

While I am not immune to being incorrect, it is my opinion that the likely outcome of a change of venue motion is denial.  At best, Andrea could expect a different jury pool, but Judge Adams is likely to keep this case in his Court in DeKalb County. 

David Weinberg practices law with Winter Capriola Zenner, LLC in Buckhead.  He grew up in Dunwoody and lives in the Atlanta area.  He litigates business and real estate disputes, and comments on high profile civil and criminal cases in the Atlanta Area.  He regularly tweets and welcomes your comments and questions.

For inquiries or more information: 
(404) 844-5700