Attorneys for Hemy Neuman argued in court Jan. 4 that the results of a May psychological evaluation should not be available to prosecutors.
Neuman has pleaded not guilty by reason of insanity to the Nov. 2010 shooting of Rusty Sneiderman in front of a Dunwoody preschool. The plea acknowledges that Neuman shot Sneiderman, but was insane at the time and unable to tell the difference between right and wrong.
Robert Rubin, an attorney representing Neuman, said the May 10 psychological evaluation performed by psychologist Peter Thomas is protected under the attorney-client privilege.
“Dr. Thomas was hired by Mr. (Doug) Peters and myself to understand mental health issues in this case,” Rubin said. “He did not do the evaluation for the purpose of testifying in court.”
But Don Geary, chief assistant district attorney of DeKalb County, argued that Neuman’s attorneys lost the ability to keep information about the evaluation private when Neuman plead insanity in September.
“They then waive any privilege they may have,” Geary said.
Geary said that Thomas is an expert who’s work cannot be considered privileged information.
“An expert does something an attorney can’t do and therefore he cannot direct,” Geary said. “We want the evaluation. That is not attorney-client privilege.”
Neuman’s trial is set to begin Feb. 13.