CBS Atlanta 46Defense wants witnesses sequestered in day care murder trial

Defense wants witnesses sequestered in day care murder trial

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Twelve jurors and four alternates were selected Thursday for the murder trial of Hemy Neuman. 

The jury consists of 12 women and four men. They were released for the weekend and will hear opening statements on Feb. 21.

Neuman's attorneys have asked a judge to sequester all witnesses who will be called so they can be shielded from "intense media attention" throughout the high-profile trial.

The defense wants witnesses to stay away from blogs, Twitter and the internet so they're not tainted. The judge said he will consider the request but made no ruling on Thursday.

Neuman is accused of gunning down Russell "Rusty" Sneiderman in November of 2010.

Neuman worked with Rusty Sneiderman's wife, Andrea, and investigators have suggested the shooting could have been linked to an affair between the two. Her attorney has declined to address those allegations, and she said in a statement she considered Neuman a family friend.

Neuman has pleaded not guilty by reason of insanity. His attorneys argue he was incapable of telling the difference between right and wrong when he pulled the trigger.

However, a special hearing was held Thursday after defense attorneys insisted the prosecution not try to declare Neuman delusional.

"At the time of the offense, Mr. Neuman believed he was the father of Ms. Sneiderman's children," said defense attorney Doug Peters, who cited reports by psychiatrists. 

"Mr. Neuman perceived that he was commanded to take Mr. Sneiderman's life in order to protect the children," Peters told the court. 

Neuman, wearing a black fleece jacket, sat with his attorneys during Thursday's hearing.  His family was in the courtroom, along with Andrea Sneiderman and her relatives.

"When he's talking about six-foot demons that look like Barry White, when he's talking about six-foot angels that look like Olivia Newton John and they quote the statute in their report, we would be remiss if we didn't prepare the evidence," said prosecutor Don Geary during the hearing on delusional compulsion.

Sneiderman was killed after dropping off his 2-year-old son at the day care center in Dunwoody. A bearded man in a hoodie approached Sneiderman, fired several shots and then hopped into a silver minivan and sped away.

Sneiderman's wife Andrea is expected to be called to testify by both prosecutors and defense attorneys. She released a brief statement to the news media a year ago that said she as shocked to learn of Neuman's arrest.

Neuman, a Georgia Tech graduate, lived in a pricey home in a Cobb County subdivision. He worked at General Electric, where he supervised Andrea. He is the father of three children. His estranged wife, Ariela, has hired an attorney who plans to be at the trial on her client's behalf.

Neuman's defense attorneys have said they will seek to get jurors to set aside their emotions and focus on the testimony by expert witnesses who have studied Neuman's actions. They say they have gathered ample evidence backing their claim that he is not guilty by reason of insanity.

"This case is not about whether or not he pulled the trigger. He is the one who did the shooting," defense attorney Doug Peters said in an interview after Neuman's plea change. The question the jury must answer, he said, is "what was his mental capacity at the time?"

If he's found not guilty by reason of insanity, Neuman will be turned over to Georgia's mental health system.

Opening statements are tentatively scheduled for Tuesday, Feb. 21 at 9 a.m.

Stay with CBSAtlanta.com for details on the hearing.

Copyright 2012 WGCL-TV (Meredith Corporation).  All rights reserved.  The Associated Press contributed to this report.