Monday morning, the 13th day of testimony in the Hemy Neuman murder trial, brought the last day of new evidence in the case.
On Tuesday, the prosecution and defense are both expected to give their closing arguments.
"We're getting close to the end, but we're not finished yet," Judge Gregory Adams told the jury shortly before sending them home for the day at noon.
After the jury left, the two sides conferred with Adams and agreed to let the defense give its closing arguments first. Each side is expected to take about 2 hours. That means Neuman's fate could be in the hands of the jury by early afternoon.
Their task will be to decide whether Neuman was legally responsible on Nov. 18, 2010 when he shot and killed Dunwoody entrepreneur Russell "Rusty" Sneiderman. Sneiderman had just dropped off one of his children at a daycare center when he was gunned down in the parking lot.
Neuman has admitted to the killing but pleaded not guilty by reason of insanity. Jurors have heard testimony that Neuman was delusional and was prompted to kill by visions of an angel and a demon.
Prosecutors argue that Neuman is faking a mental illness to avoid prison.
Jurors will have several options when they begin deliberations.
They could acquit Neuman. They could find him not guilty by reason of insanity, which would mean he would go to a secure mental health facility for 30 days of evaluation, then be brought back to Judge Adams who could decide to commit him to a mental institution or set him free, said defense attorney Bob Rubin.
The jury could also find him guilty, which would mean life in prison, or find him guilty with mental illness, "which in theory would mean he'd get some mental health services in prison," Rubin said.
Neuman also faces a charge of using a gun during the commission of a felony, which carries a potential 5-year prison term.
Both sides claim that Neuman was having an affair with Sneiderman's wife, Andrea Sneiderman. She has denied that, and she has not been charged with a crime.
After the jury went home, the lawyers and judge discussed notes from a marriage therapist that Neuman's estranged wife, Ariela Neuman, went to see. The records were not allowed into the trial because they weren't considered evidence in this case, but Adams allowed the Monday afternoon discussion in case the notes become an issue in a possible appeal.
Adams sealed the notes and those documents are part of the record of the case, but no one can look at them without getting a court order.
There are 12 women and four men on the jury, which includes four alternates. To make sure that all of the potential jurors stay focused on the case, none of them have been told yet if they will be deliberating or whether they are alternates. That could be announced Tuesday.
Court is scheduled to be back in session at 9 a.m. Tuesday.
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