Source: D.A. intends to drop murder charge against Sneiderman - FOX 10 News | fox10phoenix.com

Source: D.A. intends to drop murder charge against Sneiderman

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DEKALB COUNTY, Ga. -

Just before noon Wednesday, a source close to the Andrea Sneiderman investigation told FOX 5 Senior I-Team Reporter Dale Russell that DeKalb County District Attorney Robert James intends to drop the murder charge against her by the end of this week.

On Tuesday, FOX 5 learned that a former prosecutor said that the most serious charges against Sneiderman could be dropped.

Sneiderman allegedly conspired with her boss -- Hemy Neuman -- to kill her husband Rusty Sneiderman back in 2010. He was shot to death outside of a Dunwoody daycare facility in November 2010.

But, Ken Hodges, a former prosecutor, told FOX 5's Aungelique Proctor on Wednesday that the murder charge is circumstantial and could be dropped.

"Andrea's made no statement of her culpability that she's done it. There's no physical evidence that I am aware of that links her to the death," Hodges said.

DeKalb County D.A. James had hoped to make the case, but court documents James' office filed on Tuesday indicate that Neuman will not testify.

Prosecutors have asked for a hearing Friday. They want to use hearsay testimony that Neuman supposedly told realtor Melanie White about his alleged romance with Sneiderman.  

Neuman, a former GE manager, was convicted of murder in the case in 2012.  The state maintains that Sneiderman had an affair with Neuman, but Hodges questions whether that is enough.

"The judge is going to have to rule. There are exceptions to hearsay, but it's in my opinion doubtful that the judge will let this in because even if it comes in, it only goes to whether or not there was an affair. It doesn't go to whether or not there was a murder," Hodges said.

If the murder and aggravated assault charges are dropped, Sneiderman -- a mother of two children -- would still face other charges, including false statements, perjury and hindering the apprehension of a criminal.

"It's not the Sneiderman family -- Rusty Sneiderman's family -- versus Andrea. We know that they're going to be pushing hard and the DA's often listen to victims and they want to accommodate victims, but victims cannot control the prosecution, emotions cannot control the prosecution. It has to be the facts," Hodges said.

The hearing is set for Friday.

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