Defense Rests in Hemy Neuman Murder Trial

The defense rested in the Hemy Neuman Murder Trial late last week. Neuman, accused of murdering Rusty Sneiderman in front of his child's day care facility in November 2010, has plead not guilty by reason of insanity. The defensive strategy was to provide intensive expert testimony on the mental capacity of Neuman.

The Defense called two experts to testify as to the sanity of Neuman and his ability to recognize the difference between right and wrong at the time of the shooting. One expert was forensic psychiatrist, Tracy Marks. In an attempt to prove insanity, Marks spent the majority of her testimony discussing Neuman's suicidal thoughts, hallucinations, and symptoms of bipolar. She stated that Neuman had been experiencing suicidal thoughts and tendencies months before he ever hired Andrea Sneiderman, the wife of the victim who was allegedly engaged in an elicit affair with Neuman. During the defense's opening statement, the defense mentioned that Neuman had been visited by demons. Marks detailed an encounter with a demon in February 2010 where the demon supposedly told Neuman that he was worthless. Another demon, appearing in July 2010, told Neuman that Andrea Sneiderman's children were actually Neuman's children, and that they were being abused by their father, Rusty. One month later, that same demon allegedly told Neuman that he needed to kill Rusty Sneiderman in order to "protect them from suffering the same fate he did as a child in terms of being abandoned or rejected." Marks stated that certain statements and actions by Andrea Sneiderman fueled the fire in Neuman. Specfically, Marks said Andrea regularly complained to Neuman about tension in her marriage. She once emailed Neuman several pictures of her children without their father in the pictures. Neuman interpreted his absence to mean he was abusing the children.

The second expert that testified for the defense was forensic psychiatrist, Adriana Flores. Dr. Flores, along with Dr. Marks, diagnosed Neuman as mentally ill and suffering from bipolar disorder and psychosis. Dr. Flores expressed the opinion that because of his mental state, Neuman did not know the difference between right and wrong at the time of the shooting. The Prosecution has argued, however, that Neuman did know the difference between right and wrong because he disguised himself at the crime scene, he threw the gun in the lake after the shooting, and he lied to police about his involvement. Thus, on cross-examination, the prosecution asked Dr. Flores if it was possible that Neuman was lying. She responded that, "It's always possible."

Neuman informed the Court many times that he would not be testifying during his defense. However, the defense played taped interviews with Neuman in front of the jury. In these tapes, Neuman discussed the difficult childhood he experienced with an emotionally abusive father and an absent mother. Neuman became visibly upset when the tapes were played in court.

After the defense rested, the prosecution called a rebuttal witness, forensic psychiatrist Pamela Crawford to try and provide testimony from an expert who believed Neuman was faking his mental illness. The prosecution ended its rebuttal this morning. Closing arguments are expected to begin tomorrow morning. Once closing arguments are over, it will be up to the jury to decide the fate of Hemy Neuman.

Georgia Supreme Court Holds Assisted Suicide Legislation Unconstitutional

The Georgia Supreme Court held yesterday that a law banning advertisements for assisted suicide services violates the constitutionally protected right to freedom of speech. The case stemmed from the arrest of members of the Final Exit Network in 2009. Four members of the group were charged with assisting in the suicide of a cancer patient. The members were arrested after they were approached by an undercover GBI investigator posing as someone in need of assisted suicide. According to the testimony of the investigator, as his suicide date was approaching, Ted Goodwin (former President of the group), "walked the agent through the steps and demonstrated how he would hold the agent's hands to stop him from removing the 'exit bag'." The exit bag is a devise used by the group to aid in the suicide.

Once the group members were arrested, they immediately challenged the law's constitutionality arguing that it violated their rights of freedom of speech. Specifically, they argued that the law prescribed punishment for those people involved in assisted suicide only if they spoke publicly about it. The GA Supreme Court agreed. They reasoned that the law does not prohibit the act of assisting in suicide, rather it only prohibits advertising or promoting assisted suicide. This is an obvious ban on a particular type of speech; the very thing the First Amendment is supposed to prevent. The Court stated in part,

"The State has failed to provide any explanation or evidence as to why a public advertisement or offer to assist in an otherwise legal activity is sufficiently problematic to justify an intrusion on protected speech rights."

The Court further suggested that if the State has an interest in the preservation of human life, they would propose legislation which prohibited the act of assisted suicide rather than prohibiting the public speech. Sources believe that the General Assembly is preparing to consider legislation that prohibits assisted suicide within the next term.

Georgia Law: Notable Legislation from 2011

• Evidence
  Georgia has (finally) modeled its evidence code on the Federal Rules of Evidence, which will go into effect January 1, 2013. However, some differences will remain. For more information, see David N. Dreyer et al. Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence. 63 Mercer L. Rev 1 (2011).


• Domestic Relations
  Military Parents Rights Act—Effective May 11, 2011, provides added protection to members of armed forces in child custody disputes. O.C.G.A. §§ 19-9-1, -2, -6 (Supp. 2011).


• Employment Law
  Covenants Not to Compete—Effective May 11, 2011, Georgia courts authorized to “blue pencil” otherwise unenforceable contracts. O.C.G.A. § 13-8-50 (Supp. 2011).