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Posted: 3:00 a.m. Tuesday, Feb. 21, 2012
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By Jon Lewis
Accused Dunwoody day care killer Hemy Neuman will be in court Tuesday. Whether Barry White and Olivia Newton-John make an appearance remains to be seen.
Neuman, 49, goes on trial Tuesday morning for the killing of Russell "Rusty" Sneiderman, who was shot to death outside of the Dunwoody Prep day care center on November 18, 2010.
Neuman, who is pleading not guilty by reason of insanity, was, reportedly, having an affair with Sneiderman's wife, Andrea.
But proving insanity is “a real challenge,” News/Talk WSB legal expert Ron Carlson said.
“The defendant must prove himself insane by a preponderance of the evidence under Georgia law. No defense has as negative a reputation with the public and prospective jury as the insanity defense. If the defendant wins, he goes to a mental institution and thus is released when he is certified as cured. The public feels the defendant gets away with murder.”
Last week in court, attorneys for both sides laid out the guidelines for the trial, including what the jury will hear about Neuman's mental condition.
Neuman's attorneys claim their client saw six foot demons in the form of singer Barry White, along with six foot angels that looked like Newton-John.
Previous Coverage: Dunwoody Day Care Murder
“The jury will have to decide if the claims of fantasy figures are genuine delusions or a contrived yet of images designed to secure jury sympathy,” Carlson said.
In addition, the defense says Neuman thought the Sneiderman's children were his, were in danger and needed his protection, leading to the killing.
The prosecution is expected to argue that Neuman was sane when he ambushed Sneiderman outside of the school, waiting for him to drop off his son before opening fire.
Prosecutors are expected to point out that Neuman bought the gun weeks before the killing and practiced shooting at a Woodstock firing range. They are also expected to show that Neuman wore a fake beard as a disguise at the time of the killing, proof that he was aware of what he was doing and formulated a plan to escape.
A jury of 12 women and four men will hear opening statements. Then the first witnesses, including possibly, Andrea Sneiderman, will take the stand.
“Will she confirm that Neuman’s motive for shooting her motive was a romantic affair,” Carlson said. “Or was she simply an innocent bystander and distance observer that played out at the Dunwoody day care?”
The death penalty is not an option in this case. The trial is expected to last about four weeks.
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