Dunwoody Shooting: Neuman Won't Submit to Exam with Court-appointed Psychiatrist

Hemy Neuman has no plans to undergo an examination by a court-appointed psychiatrist appointed to investigate his mental health, according to documents filed Thursday afternoon.

Neuman, the man accused of gunning down Russell ‘Rusty’ Sneiderman outside of a Dunwoody Village pre-school last November, was set to stand trial on murder charges starting Oct. 17.

However, in mid-September, he filed a plea of insanity.

The insanity plea constitutes an admission to the shooting, as explained by his attorneys in an interview with the Atlanta Journal-Constitution.

"The issue is not what happened, but why it happened," Neuman’s attorney Doug Peters told the AJC. "The facts of this case are not in dispute."

In response to the plea, the state filed an emergency motion to have an expert examine Neuman.

Neuman submitted to an interview this week with a psychiatrist brought in by the District Attorney's office.

However, under state law, the court can also bring in a third-party expert to conduct an evaluation of a defendant's mental state. Neuman's attorneys say he won't submit to that examination.

The court pushed back the start date of the trial to February in order to have its expert examine Neuman.

But the defense filed a motion saying that isn't neccesary. The defense argued that Neuman is not bound to cooperate with a court-appointed expert.

In their motion to keep the trial date on Oct. 17, they argue that while Neuman gives up some of his Fifth Amendment rights by allowing the state to have an expert conduct an examination, the law “does not require a defendant to cooperate with the court’s expert and provides no sanctions against a defendant who refuses to so cooperate.”

“In this case, the Defendant retains his Fifth Amendment rights, and does not intend to waive those rights beyond what is required to give the state a fair opportunity to present its own expert testimony,” Neuman’s attorneys wrote in the motion. “Accordingly, there will be no examination and report generated by a court-appointed psychologist or psychiatrist.”

Meanwhile, the state has filed a motion for evidence regarding Neuman’s insanity claim.

The DeKalb County Attorney’s Office received the defense’s expert’s report on Neuman’s insanity.

The motion says that during an evaluation interview with Neuman by a DeKalb County Attorney appointed expert Wednesday, Neuman said he received psychological services/treatment from a mental health provider in December 2010. However, Neuman declined to name the provider without permission from his attorneys.

The defense argued in its motion that under state law, any mental health examinations, documents or records that contributed to an expert witness’ opinions are discoverable and should be shared.