Dunwoody Prep Murder: AJC, WSB TV Challenge Attempt to Seal Pre-Trial Motions, Hearings

Attorneys for Hemy Zvi Neuman, the man accused of killing a Dunwoody father outside of a local daycare, are asking the judge in the criminal case to seal several pre-trial motions and their respective hearings.

Tuesday afternoon they made their case for closing the sections of the case.

On the other side, attorneys for the Atlanta Journal-Constitution and WSB TV argued on behalf of keeping the motions and hearings open.

Neuman’s attorney, Bob Rubin, argued the case for sealing the pretrial motions.

“This is not a request for closure of the trial,” Rubin said. “We’re not asking the court to seal all of the motions. We’re asking the court to seal those motions that would require an evidentiary hearing.”

Tom Clyde, the attorney for the AJC and WSB argued that Rubin’s argument had not been about impartiality, but sheer volume of articles, which he said is not a reason for sealing such hearings and motions.

“This is a sweeping scope of closure that nobody has asked for in my recollection in this state, including some of the most high profile cases,” Clyde said. “That request is directly in conflict with constitutional law.”

Hollie Manheimer, Executive Director of the Georgia First Amendment Center, said Wednesday that the records should remain open.

“The caselaw in Georgia and constitutional principles are clear that all court records in Georgia are public and there is a presumption of openness,” said Manheimer.  “Similarly, criminal proceedings may be closed to the public only in rare instances. Courtrooms and records are presumptively open in Georgia.”

Robert James, the DeKalb County District Attorney, said he had no interest in the case. James attended Tuesday's hearing as a visitor, not to argue a side of the case (though he was frequently asked if he had an opinion by the judge, he declined to make any arguments on the behalf of either side).

Clyde and Rubin will have until Monday to file formal arguments on the issue.