Neuman Case: Defense wants Neuman's Wife's Attorney to be a Witness

Esther Panitch has been a mainstay for her client in the courtroom proceedings in the murder case against Hemy Neuman.

Attorneys for Neuman, who is accused of gunning down Dunwoody father Rusty Sneiderman on Nov. 18, 2010, are hoping to compel her to testify.

If Panitch – the attorney for Ariela Neuman, Hemy Neuman's estranged wife – is on the witness list, there’s a possibility she would not be able to be present through the trial as an audience member.

Wednesday, Neuman’s attorneys argued that Panitch should be on the witness list, not because of things she learned in speaking to her client – which is protected by the attorney/client privilege – but because of facts she learned independently while representing Ariela Neuman in .

“We anticipate calling her as a witness, not because we are trying to get to information that she talked to Ms. Neuman about, but because we think she has independent facts that maybe important in the case,” said Robert Rubin.

“There is a legitimate basis for this subpoena and I do want to hold out the possibility that we may need to call her,” he said.

Panitch’s attorney, Jim Hodes, argued Wednesday that she couldn’t add anything to the case.

“We would proffer to the court that she has no independent knowledge, that she has no independent information, that she has no independent facts concerning this crime,” he said.

Hodes, a member of the , said Panitch’s work as an attorney for Ms. Neuman is also protected.

“Her attorney work product is basically her work,” he said. “It’s basically her work and it should remain her work.”

Rubin also argued that, as a witness, Panitch should be sequestered during the case.

Hodes said that the defense couldn’t argue for sequestering its own witness. Rather, that issue is to be brought up by the prosecution.

“I don’t think the defense has the right to ask her to be sequestered,” he said. “They only have the right to ask that the prosecution’s witnesses be sequestered

However, even if the motion to have Panitch as a witness is denied, Rubin argued that she should not be allowed in the courtroom during the trial, as her client is a “key witness” in the case.

Rubin argued that Panitch could inform Ariela Neuman of what was going on in the case.

The two sides have until Friday afternoon submit orders on the matter.