Neuman Case: Attorneys Argue Over Psychologist Testimony

Last May, Hemy Neuman sat down for an evaluation with a psychologist, hired by his attorneys.

Neuman, charged with murder in the killing  on Nov. 18, 2010, entered a plea of insanity in September, four months after the evaluation.

Wednesday, Neuman's defense attorneys and attorneys for the state argued whether the psychologist who evaluated Neuman, Dr. Peter Thomas, could be called as a witness.

Thomas had been subpeonaed by the prosecution to testify. The defense argued to quash the subpeona.

At issue was the interpretation and extent of attorney/client privilege, which protects communications between a client and his attorneys.

Bob Rubin, one of Neuman’s attorneys, argued the privilege extends to those working as agents on behalf of the attorneys.

“In our case, Dr. Thomas was hired by Mr. [Douglas] Peters and myself as a consultant, to help us understand the mental health issues in this case,” Rubin said. “He worked under our direction and supervision. He met with us and discussed the case with us and discussed with us clearly privileged information. It was understood at the time Dr. Thomas was consulted with that he would not be called to testify in this case.”

Assistant County Attorney Don Geary said the attorney/client privilege does not extend to Thomas' evaluation.

"They try to bring in the expert by putting it under the attorney and stating that the expert operates solely at the direction of the attorney, but again the distinction is the expert does something that the attorney cannot do and can't direct," he said. 

Geary said he did not want to break and privilege, but argued that there was a right to at least some information about the evaluation.

“We have no intention of violating any of his rights or to seek any privileged information,” Geary said. “We know the doctor performed an evaluation. We want to know what the result of the examination was and what his opinion was concerning the sanity of the defendant on the date of the offense.”

He asked Judge Gregory Adams for guidance on how to proceed.

Adams said that Thomas would not have to speak Wednesday, which Geary had requested. Adams asked that both sides submit proposed orders to the court by Monday and would make a decision on the issue soon.

Neuman’s trial starts on Feb. 13.