Prosecution rests its case in Andrea Sneiderman perjury trial

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Andrea in court on day 6 of testimony in her perjury trial Andrea in court on day 6 of testimony in her perjury trial

DeKalb County prosecutors called their final witnesses to the stand, as testimony in the Andrea Sneiderman perjury trial resumed on Monday.

FBI Special Agent David Freyman testified that calls and texts to and from Andrea Sneiderman's boss, Hemy Neuman, were deleted on the day her husband was murdered.

Neuman is serving life in prison for killing Rusty Sneiderman outside a Dunwoody day care in November of 2010. Neuman and Andrea Sneiderman were reportedly having an affair.

Freyman told the court he believed communication between Neuman and Andrea Sneiderman on the day of the murder was deleted.

"Physically deleted," testified Freyman. "Why do you say that?" asked prosecutor Anna Cross.

"Because looking at the phone record in its entirety of what was recovered on the Blackberry itself, there are calls before, there are calls after and during," replied Freyman as he explained that Andrea Sneiderman's phone record showed her phone was working and she had called others on Nov. 18.

"So there are calls that are listed during that time period?  Just no calls from Hemy Neuman?" asked Cross. 

"Correct," testified Freyman. 

"No calls to Hemy Neuman?" asked Cross. 

"Correct," Freyman replied again.

Another FBI agent, Chad Fitzgerald, testified he was able to track the communication between Neuman and Andrea Sneiderman on Nov. 18 by reviewing records from cell phone towers in the area that day.

Late Monday, the defense asked the judge to drop six of the 13 charges Andrea Sneiderman is facing. The judge refused.

The defense also asked Judge Gregory Adams to issue a directed verdict in the case. A directed verdict is issued when the judge believes the prosecution has not made its case. If granted, Andrea Sneiderman would be found not guilty. 

The judge will hear motions on the directed verdict Tuesday morning. If it is denied, the defense will begin calling witnesses.

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