Former prosecutor and former district attorney, Ken Hodges said DeKalb County District Attorney Robert James' strategy to re-indict Andrea Sneiderman is a smart move.
"The strategy is to clean up any problems such as the malice murder charge and ditch the RICO, which I think is confusing, will help James' case," said Hodges.
Hodges believes the new indictment against Andrea Sneiderman may be an easier sell to the trial jury.
In the original indictment, Sneiderman was accused of conspiring with her former boss, Hemy Neuman to kill her husband, Rusty Sneiderman. The alleged motive was insurance money.
Neuman pleaded guilty but mentally ill to shooting Rusty Sneiderman in November 2010 at a Dunwoody daycare.
"Mr. James took a fair amount of time in coming up with the original indictment between the time the murder happened and the time it was indicted," said Hodges. "I don't think it was a rush job, but I do think there were some flaws in the indictment when it was challenged."
The new indictment drops a potential motive and brings Andrea Sneiderman's character into question.
"They added a whole bunch of charges to question her credibility, which is basically what it is going to come down to - whether she is believable or not," said Hodges.
Hodges said re-indicting a person is not very common, but it does happen.
Based on his experience as both a criminal defense attorney and prosecutor, he would put his money on Andrea Sneiderman getting off.
Hemy Neuman is serving life in prison for the murder. Andrea Sneiderman and Neuman were reportedly having an affair.
Information from court documents show what was initially an eight count indictment is now a 16 count indictment.
Prosecutors took away the RICO charge and broke it down to include charges such as perjury and withholding evidence from the police.
The racketeering charges were dropped.
The indictment counts are as follows:
Count 1: Malice Murder
Count 2: Felony Murder
Count 3: Aggravated Assault
Count 4. Hindering the apprehension of a criminal
Count 5: Concealment of Material Facts
Count 6: False Statement
Count 7: Perjury
Count 8: False Statement
Count 9: Perjury
County 10: Perjury
Count 11: False Statement
Count: 12: Perjury
Count 13: False Statement
Count 14: Perjury
County 15: Perjury
County 16: Perjury
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