DECATUR, Ga. -- Andrea Sneiderman's attorneys want information that will go to the core of her defense -- that Hemy Neuman, her coworker, acted alone when he killed Rusty Sneiderman in November 2010. They've issued subpoenas for information from Rusty Sneiderman's father, mother, brother and sister-in-law. Prosecutors are challenging those subpoenas.
Mrs. Sneiderman's attorneys are looking for information that could contradict explosive testimony that took place during Neuman's trial last year. That's when the murder victim's father, Donald Sneiderman, testified about a phone call he had with Andrea Sneiderman the morning of Rusty's death. He told the court that Andrea Sneiderman told him that Rusty had been shot, even though Mrs. Sneiderman had testified that she wasn't told about the shooting until later that day.
During a court hearing Tuesday, an attorney for Rusty Sneiderman's family, Esther Panitch, called the subpoena "a fishing expedition" that would further victimize the family.
Judge Gregory Adams is expected to rule on the subponeas -- and on a motion to throw out 13 of the 16 charges against the murder defendan. Prosecutors say Andrea Sneiderman helped Hemy Neuman murder her husband.
During the hearing, an investigator for the DeKalb Co. District Attorney's office testified that numerous text messages from the day of the murder had disappeared from Andrea Sneiderman's phone. Investigator Mark Potter said the information about those text messages, as well as phone calls between Neuman and Mrs. Sneiderman, had been "physically deleted" from Mrs. Sneiderman's Blackberry.
Investigators learned of the calls and messages from the phone carrier that serviced Mrs. Sneiderman's phone. Although records exist that texts and calls were exchanged, none of the content was retained.
Mrs. Sneiderman's attorneys had argued that a charge of hindering the investigation against Mrs. Sneiderman should be dropped.
Under cross examination, Potter admitted that he had "no idea" whether the content of the deleted texts or phone calls were related to the murder that day of Rusty Sneiderman.