Hemy Neuman, who plans to plead guilty by reason of insanity for the November 2010 killing of a man outside of a Dunwoody daycare, will have to wait a little longer to get his day in court.
The trial, which was set to begin on Oct. 17, has been delayed to sometime in February 2012 by Superior Court Judge Gregory Adams.
This date change came on Oct. 5 after concerns by the prosecution that more time is needed to allow a court-appointed psychologist or psychiatrist to examine Neuman in reference to the insanity defense.
Last month, Neuman’s attorneys filed a notice in court announcing his intention to plead not guilty by reason of insanity. Originally, Neuman’s plea was not guilty.
Neuman was arrested in January and charged with the murder of Russell Sneiderman, a 36-year-old entrepreneur who was shot several times outside Dunwoody Prep daycare, where he had just dropped off his son.
On Oct. 6 Neuman’s lawyers filed a motion asking the judge to rescind his order resetting the trial date, stating that there is no need for the change. The new trial date remains in February.
Neuman “partially waives his Fifth Amendment privilege to allow the state an opportunity to have its expert conduct an examination,” according to court documents. “However, the defendant retains his Fifth Amendment right for all other purposes.”
Neuman “does not intend to waive those rights beyond what is required to give the state a fair opportunity to present its own expert testimony,” the documents state.
In another motion filed in the case, Esther Panitch, an attorney for Neuman’s wife Ariela, asked the judge to reject a subpoena of her by Hemy Neuman’s attorneys.
The motion states that any testimony Ariela Neuman would provide would be “hearsay and/or subject to the attorney-client privilege.” Panitch represents Ariela Neuman pro bono, according to court documents.
The subpoena would “significantly embarrass, annoy, harass, oppress and burden” Ariela Neuman, according to the documents.