we'll be back next week. thanks for watching. and stay tuned for "20/20," it starts right now. tonight on "20/20" -- breaking news today. an announcement in court just hours ago upends a murder trial, in a case that captured the attention of a nation for the last go yetwo years. >> i'm dumb struck at the attention this case has gotten. >> a boss in love with his employee, who says he was directed to kill her husband by angels and demons who sounded like olivia newton john and barry white. >> the defendant, ladies and gentlemen, is serving up an insanity defense and he' serving it with a side of french fried lies. >> and many suspected he wasn't the only one who should have been on trial. and the question tonight -- was the affair with the dead man's wife just in his head or for real? out on the dance floor. >> they were groping each other.

>> from this day forward, anyone who looks up the definition of evil would see nothing more than a photograph of andrea sneiderman. >> who is the real andrea snooed sneiderman? grieving widow or black widow? here's elizabeth vargas and david muir. >> good evening. tonight, a bomb shell development, just hours ago in atlanta. a widow, under house arrest, about to go on trial for murder in the death of her husband, sudden lly learns she will not face a murder charge at all. and the family of that husband now desperate for the truth. >> his widow, until today charged with murder, to understand the case, we need to go back to when their lives seemed normal. to the start of an ordinary dare. for rusty sneiderman and his on

see yan, it is a routine thursday morning. breakfast with the family, then the short drive to drop ian off for a morning of play at the dunwoody prep, a day care center near atlanta. but on november 18th, 2010, rusty doesn't notice that he's being followed by a man driving a silver van. and 2-year-old ian has no way of knowing he is saying good-bye to his father for the last time. as ian and the other children head to the playground, rusty sneiderman walks back to his car. the gunman opens fire, three shots. another parent, chris lang, watches it unfold from his car just a few feet away. how far apart were the two men? >> no more than about six feet, i'd say. i mean, it was pretty much point-blank range. >> reporter: and then a final bullet to rusty sneiderman's neck, an execution in cold blood. >> the barrel was either at or right at his skin when fired. there was actually soot deep into the wound from the projectile. >> reporter: assistant district

attorney don geary interviewed several eyewitnesses. >> they thought it was a movie. >> reporter: a movie? >> they were actually looking around for the cameras, because understand, in that area, that is just totally foreign. >> it was almost surreal, the experience, in that there was no chaos or running or yelling or anything. he just walked back to his van and got in his van. it looked like it was professional. >> reporter: the killer escapes, leaving rusty sneiderman gasping for air on the pavement. >> it sounded like a gunshot over here. >> reporter: a cell phone video captures police and ambulances rushing to the scene. >> there was a lot of blood everywhere. we knew that, you know, it was probably some vital organs hit. there was no pulse and he was unresponsive. >> the last thing you think about is dropping off your child at school and something like this happened. >> it's very, very, very, very scary that happened. >> reporter: four days later, police still have no idea who killed rusty or why. his brother, steve, reaches out to the community, offering a reward for information.

>> i am here today to speak for my brother, who can't speak anymore. our whole family has lost its brightest light and we don't know why. >> reporter: who would have wanted to kill this outgoing young father? did rusty have enemies? a secret life? maybe there is a clue hidden in his past. rusty sneiderman grew up in cleveland, ohio, and graduated from indiana university with his life-long friend josh golub. >> a lot of people considered rusty, you know, their best friend, and part of that is rusty's personality, you know? he just -- he had a personality that always would, you know, bring you in. >> reporter: josh was with rusty when he met his future wife, andrea greenberg. >> and hey, i just met this really great girl, you know? this really cute girl. i just remember how excited he was after meeting her. >> my name is rusty sneiderman. >> reporter: rusty served as best man at josh's wedding. >> and it's my sincere hope that your home will be filled with as

much joy and love and laughter as our college apartment. >> reporter: after rusty earned an mba at harvard, the couple moved to the atlanta suburbs to start a family. and how much did rusty love being a dad? >> i've never seen him happier than being a dad. and he was a big kid at heart himself, and he just adored his kids. >> reporter: at 36 years old, rusty had a lot to be proud of. he had created a comfortable life for his family as a successful wealth manager and consultant. to their neighbors, rusty and andrea appeared to be a happy couple. >> they were very, very friendly, wanting to fit into the neighborhood, just really easy to talk to, just, you know, nice people. they are the kind of people you want to be your neighbor to move in. >> reporter: rusty was thrilled when andrea took a job at general electric. it gave him time to develop a new business and spend more time with his son ian and 5-year-old daughter sophia. >> they missed their mommy during the day. i don't think they argued over the fact that she was working. she always wanted to have

something to do. she enjoyed working. >> reporter: andrea's boss at ge was a man named hemy neuman. neuman was an engineer and a powerful executive, overseeing 5,000 employees. attorney esther panich. >> and he was the smartest man in the room. he had an air about him of arrogance. and he knew best. it was all about hemy. >> reporter: andrea sneiderman caught his eye, and by november 2010, she was spending more and more days on the road with her boss. after business trips took them from lake tahoe to the edinburgh castle in scotland, hemy developed a deep infatuation with andrea. hemy could've been obsessed with andrea. that doesn't mean andrea reciprocated the feelings. >> she completely denies it. >> reporter: but in greeneville, south carolina, bartender christine olivera thought they were more than co-workers. >> to me, they looked like a couple, like a newlywed couple, like, you know, out on a date

and enjoying themselves. he grabbed her rear end, pressing her to him, and she accepted. and, you know, towards the end, she kissed him. so that made him really happy. and they left kissing each other and embraced. >> reporter: back home, rusty had no idea how intimate their secret relationship had become or that there was a bizarre connection between the affair and an event that happened just days before he was murdered. rusty noticed a suspicious man lurking in his backyard. he called 911. >> he's running. i think he has a gun in his back pocket. and now he's running away. >> reporter: in the middle of the call, rusty paused to console his son. >> i know, bud. i didn't get your water bottle. i'm sorry. i don't know who the hell he is, and i don't want him by my house. he was wearing a hat and earmuffs, black moustache. >> reporter: rusty was unaware that this strangely dressed man was a determined killer with a detailed plan to take his life. it was only a matter of time. eight days later, at the dunwoody prep, he would be

successful. rusty sneiderman was dead. when we come back -- on the trail of the killer. police begin to wonder, could there be more than one? stay with us. not giving a thought to their own satisfaction. doll, you're sacrificing seamless color for the perfect wave? i mean surf's up. stop with the sacrificing, start here. light & fit greek nonfat yogurt. thick, creamy, and dude twice the protein and 80 calories. tastes satisfying right? it's awesome. hey, you wanna go surfing? light & fit greek! ♪ dannon! oh! something bit me!

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>> reporter: december 2010, four weeks after rusty sneiderman was inexplicably gunned down in front of the dunwoody prep preschool, police are no closer to finding the identity of the killer. >> well, everyone was thinking professional-style hit. so, of course, people were thinking, is it financial? was it a business deal that had, you know, gone badly? was it, you know, a love triangle? was it an affair?

>> reporter: to find a possible motive for the shooting, police turn to rusty sneiderman's wife, andrea. when asked if anybody had a romantic interest in her, she mentions hemy neuman, andrea's supervisor at the nearby ge energy complex. >> her response was that her boss, hemy neuman, had made a pass at her, but it was on a business trip and it was some time ago and nothing else had happened and dismissed it. >> reporter: but what andrea sneiderman didn't tell police was that, in fact, she and neuman were spending long trips together on the road. >> they went on the dance floor. and they were -- they were groping each other. they had a good time. >> reporter: police say sneiderman steered them away from neuman as a possible suspect. >> she never said anything about hemy neuman to make us believe that she thought he could have anything to do with it. >> reporter: indeed, neuman would appear to be an unlikely culprit. he attended rusty sneiderman's funeral, pouring dirt on the grave and offering condolences to rusty's parents. >> he says, "isn't this a

tragedy?" and i said, "yeah, it is." >> reporter: meanwhile, detectives make their first breakthrough. enhanced video from the school security camera reveals that the getaway vehicle was a late model kia sedona minivan. police track a kia van to this enterprise rental car lot and make a startling discovery. the person who rented the sedona during the period of the murder was none other than hemy neuman, andrea's boss. >> the van linked to hemy neuman was the home run or the break that we were waiting for. >> reporter: on january 4th, investigators summon neuman to the dunwoody police department for questioning. >> we got that van on video the day rusty was shot. i'm giving you every opportunity. you've got a heart, you've got a soul. you were there when rusty got shot. now, hemy, you were there. you got to man up. the jig is up, you know? you're our guy. >> i don't see how you can place

me in that. i don't know what to tell you. i'm not there. i don't own a gun. i can't explain the van. >> you're going to tell us on a stack of bibles, "i did not shoot rusty?" >> i was not there. i did not pull the trigger on the gun that shot rusty sneiderman. >> he was very calm, unusually calm. hemy neuman was much different than most people who commit murder. >> reporter: over the course of the five-hour interrogation, police make it clear that they believe neuman had a fatal attraction to andrea sneiderman, that she was the motive for the killing. >> she's going on these trips with you. she's a very attractive woman. she's looking pretty. and you got to feel bad about that. jealousy gets in the heart. >> no. >> oh, yeah. oh, yeah. jealousy gets in the heart. >> reporter: neuman is arrested and charged with rusty sneiderman's murder. meanwhile, prosecutors strengthen their case. they track neuman's phone records to this man, jan dasilva.

he says he sold a .40 caliber bersa handgun, like this one, to neuman just one month before the murder. >> he seemed really normal and just a person, like, what he told me that he just needed a gun for just home defense. >> reporter: even more damning, dasilva says neuman contacted him again a month later, this time to try to buy his silence. >> he told me that there was a problem with the gun. that he had to get rid of it. he just said to me, like, "don't ever have a mistress." >> reporter: so, was andrea sneiderman the mistress of hemy neuman? when police put the question to her after his arrest, she says any affair between herself and hemy neuman was only in his head. but someone else was convinced it was all too real, neuman's wife of 22 years, reli. had she suspected he was cheating before the murder? >> yes. she had suspected he was cheating soon after andrea started working there. he would take her calls late at night. he would start hiding the phone,

turning it over. the same kind of things you read in a magazine, top ten signs your spouse is cheating, he had them all. >> reporter: even though andrea was a married mother of two, hemy's wife was convinced there was something serious between them. she filed for separation. her lawyer, esther panitch, uncovered documents that traced an extraordinary amount of communication, at all hours, between hemy and andrea. >> in the six months before the murder, there were over 1,400 cell phone calls and texts. >> reporter: is it possible they were discussing work? >> it's possible. but when the e-mails say, "i want to marry you," i don't note how many bosses and their employees have that kind of communication. >> reporter: but does andrea sneiderman's relationship with neuman have anything to do with her husband's murder? it is the question lawyers will ask when she is under oath in the trial of hemy neuman.

>> andrea sneiderman. >> reporter: and what she will say on the stand will surprise everyone. >> were you and the defendant romantically involved? >> reporter: when "20/20" returns. ♪ [ male announcer ] we all deserve a good night's sleep. thankfully, there's zzzquil. it's not for colds, it's not for pain, it's just for sleep. ♪ because sleep is a beautiful thing™. ♪ zzzquil. the non-habit forming sleep-aid from the makers of nyquil®.

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>> reporter: the crime appalled the city of atlanta. a father, shot dead outside a daycare. a year later, high drama at the dekalb county courthouse as accused killer hemy neuman faces trial. the defense begins with a stunning admission. >> on november the 18th, 2010, hemy neuman shot and killed rusty sneiderman. >> reporter: neuman pleads not guilty by reason of insanity. there follows a dizzying array of bizarre explanations and

purported apparitions as he tries to prove he didn't know right from wrong. it was madness that drove him to kill, his attorneys say, madness and a woman, rusty sneiderman's wife. >> he fell for andrea. if you want to call it infatuation, if you want to call it love, he fell for her. >> reporter: neuman tells psychiatrists voices in his head are telling him to do evil things. i can imagine your reaction when you first heard his story of the angels and demons who appeared to him -- >> we laughed. >> reporter: -- sounding like barry white and olivia newton-john. >> yeah. this is ridiculous. that was our reaction. this is absolutely ridiculous. ♪ it's more than love >> reporter: the barry white demon urged neuman to kill himself. but another voice, sounding like olivia newton john -- ♪ let's get physical ♪ physical

>> reporter: -- told him to kill rusty sneiderman because rusty was a danger to his two children. >> said he had to kill rusty. >> reporter: but defense doctors say the successful engineer was bipolar, deranged by delusions, and finally driven over the edge by a head over heels infatuation with andrea sneiderman. there is adultery that occurs. it's a huge leap to murder somebody. >> you have hemy, who's about to file bankruptcy. you have hemy, who's unhappy with his wife. he wants a change. the only problem is that the life that he wants is being occupied by someone else. >> reporter: his lawyers paint a harrowing picture of hemy's childhood, a father who was a survivor of auschwitz, who physically abused his children, and a mother, who was largely absent. but prosecutor don geary tells the jury there is a simpler explanation. >> a man wanted someone else's wife, so he killed her husband. he got caught and all of a

sudden, he's insane. >> reporter: hemy's lawyers say as hemy and andrea worked and traveled together, she turned his illness and infatuation to her own purposes. you think she meant to get him to kill her husband? >> yes. >> yeah. >> absolutely. this is clearly a situation here where one person was mentally ill, okay, and the other person was aware of it, and was calculating, and was, and was manipulative. >> tell the truth, the whole truth and nothing but the truth, so help you god? >> yes. >> reporter: that other person is rusty's grieving widow, andrea sneiderman, the star witness in the trial of her husband's killer. and suddenly, she is on the defensive. >> did the defendant ever express his feelings for you? >> yes. >> reporter: andrea says neuman wrote her a poem. >> the poem insinuated that he thought i was beautiful. >> do you have any idea why the

defendant would have these feelings towards you? >> i think i'm a pretty nice person. i'm a very caring person. >> were you and the defendant romantically involved? >> no. >> reporter: prosecutors rattle andrea with chains of unbusiness-like e-mails from hemy. >> "it's about how you felt when we looked at the stars in tahoe, when we woke up friday morning in denver -- >> mm-hmm. >> -- when we walked out of the restaurant on thursday, when you took my hand and nestled your head on my shoulder." >> okay. >> okay? >> yeah. >> did that happen? >> did what happen? >> did you wake up together in denver and tahoe? >> no. >> reporter: andrea says she rejected numerous advances by hemy but didn't mention them to her husband. >> did you ever tell rusty about the poem or the defendant's feelings towards you? >> no. no. >> why not? >> i really thought that i could handle it. >> reporter: hemy even e-mailed

a proposal. "marry me," it says. "think about it. be with me forever." andrea says she can explain. >> i viewed it very much as a silly boy's e-mail. he was being silly and stupid. and in fact, i spoke with him about that e-mail at work in person and told him to stop. >> reporter: andrea admits she cared about hemy as a friend. >> he managed to get me to care about him and that's actually the point. he was very good at that. very good at manipulating everyone around him to feel bad for him. >> reporter: andrea says she allowed neuman into her room at hotels when they traveled together, but says that was before she realized he was stalking her. >> did he stalk you from inside your own room? >> stalking can take on many different meanings. >> so that's a yes? >> he was there to spend time with me, evidently. >> in your room. in your room. >> yeah. he did not share a room with me. was he in my room? he might have been for a little while.

but didn't share a room with me. >> all rise. >> reporter: when the defense attorneys get their turn to question her, they suggest if hemy was stalking andrea, she made it easy for him. >> the stalker that you've now testified about -- y you. >> uh-huh. >> you picked him up at the airport. >> yep. >> okay. you flew home with him? >> that's correct. >> you changed seats to sit next to him. >> that's how we always traveled. >> reporter: after a trip to greenville, south carolina, with hemy, they have a revealing e-mail exchange in which andrea says, "i now have to repent." >> and -- >> i turn to the second page of that e-mail. >> yep. >> hemy neuman says, "please never forget how much i love you." >> uh-huh. >> and how did you respond? >> i know, but so do other people. i betrayed them all. i'll not try to deal with that for now, but my burden not yours. >> what happened in greenville, ma'am? >> we were holding each other's

hands and that's it. it may sound worse than it is, but to me, that was a betrayal. >> reporter: what did you think when she took the stand? >> if i were her lawyer, i would've flung myself out the window. how he could have let her go up there and not take the fifth, i have no idea. >> reporter: but what qualities did you see in her on the stand that day? >> combative. >> arrogant. >> angry. >> yeah. i mean, it was -- the tone of the whole thing was, "how dare you challenge me?" i mean, the most telling quote of the whole thing was at the end of don geary's redirect, when he said, "why did you lead the police down the rabbit ho hole?" and she looks at him and says -- >> have you seen what's happened to my life? have you noticed -- >> have you seen what's happened to rusty? >> have you -- >> and don busts her and said, "have you seen what happened to rusty?" >> have you noticed -- >> have you seen what's happened to rusty? >> have you noticed what's happened to my life since hemy was murdered? since hemy murdered my husband?

>> reporter: the suggestion of an affair is one thing, murder is another. when we come back, the courtroom is rocked by revelations about what andrea knew about her husband's shooting. >> that was a bombshell. that was a bombshell. >> and at that point, did they tell you or indicate to you rusty was, in fact, dead? >> yep. >> okay. is that the first time you found out he was dead? >> yep. >> and you found out he was shot? >> yep. >> as the story unfolds tonight, we want to know from you, what do you think of andrea? do you believe her? >> tweet us your answer at #abc2020. we'll have more when we return. ♪ i saw you messing around ♪ we were down when times were rough ♪ ♪ but was the light that you found ♪ ♪ on the other side enough? ♪ what did i do so... [ gasps ] front row?? ohh! okay, i'm jealous. [ male announcer ] at&t introduces the nokia lumia 1020. ♪ with brilliant zoom and 41 megapixels,

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>> reporter: central to hemy neuman's trial was the question of his affair with the murder victim's wife, andrea sneiderman. how much was real? how much had hemy imagined? did hemy tell you right away that he had been having an affair with andrea? >> yes. he would say, "i had an affair with her -- i think." >> reporter: but before he'd been brought into custody and decided to plead insanity, hemy had been more clear. >> he said that, quote, "she gave in." he never said we had sex. all he said was that, "she gave in," and he'd said that it was great. >> reporter: melanie white was the neumans' realtor and became a close friend of hemy's. she says that for months before that climactic incident, he had been calling her and obsessing over andrea. >> i quit answering the phone. i just -- i was so tired of hearing him whine and moan. he was like a schoolboy. he was infatuated. it was like puppy love. >> reporter: and when the smitten hemy took andrea to london, melanie white heard all the details.

>> they were laying on the bed together, they watched a movie, they were groping and making out or whatever. i said, "hemy, you know you shouldn't be doing that. and i really don't want to hear about it." but this infatuation that he had with this woman, it overcame him. >> he felt that he and andrea were like soul mates. >> reporter: the defense hoped the jury would believe just how overcome hemy was, arguing, in essence, that he was crazy in love. >> nothing wrong with him. he's faking, or in other words, malingering. and that's just -- >> reporter: the prosecution maintained that the affair proves just the opposite. not that hemy was insane, but crazy like a fox in a carefully plotted conspiracy. both sides take the affair as a given. even though andrea sneiderman denies it, eight other witnesses confirm it. but nobody was in the bedroom. nobody you a them having sex

when they were traveling on the road. >> it's more of the totality of the circumstances. you have witnesses who have no dog in this fight, who said that they saw them groping and making out. >> reporter: there's no doubt in your mind adultery was happening? >> no doubt in my mind, adultery was happening. >> reporter: and many following the trial wonder if an affair was the only thing andrea was trying to hide. there are also troubling questions about when she knew that her husband had been shot. she testified that the school only told her there had been an emergency and that rusty was taken to the hospital. she raced over to the school without first doing what many think would've been natural. >> how many times did you call rusty? >> call rusty? >> rusty. >> zero times. >> why didn't you call rusty? >> because they just told me something had happened to rusty. what are the chances that he's going to be answering his cell phone? >> they didn't tell you what happened to rusty. >> is there, do you have a question? >> she looked annoyed. it was really incredible to see

someone who should be a grieving widow look aggravated at having to come to the trial of her husband's murderer. >> reporter: andrea testified she didn't know her husband had been shot until she got to the hospital at about 11:00 a.m. >> they took me into what i call the death room. i sat in the chair and someone i have no idea who they are, came over and said -- he came in with multiple gunshot wounds and that he was dead. i don't remember anything they said after that. i fell to the floor. >> you found out at the hospital that rusty had been shot. >> that's correct. >> okay. >> and then, in the most heartbreaking testimony that has been heard so far, rusty's father got on the stand -- >> my name is donald sneiderman. >> -- and said that andrea called him at about 9:36 in the morning.

and the words that he said shook the courtroom. >> andrea called us, and she called and said rusty had been shot and she was so, so sorry, and that she was going to dunwoody prep to find out what had happened. >> and are you sure that she told you that rusty had been shot? >> yes, sir. >> there was no way to know at that point what had happened to rusty. >> reporter: is it possible that the sneidermans misheard andrea? >> well, if you don't accept that the sneidermans, who will forever have the statements seared in their brain, her former best friend and a co-worker corroborated the same statement. >> that was a bombshell. that was a bombshell. that was the first time people in the community really had something concrete to wrap their head around and say, maybe she knew. maybe she was in on it. >> reporter: speculation was further inflamed by the fact

that andrea sneiderman stood to collect $2 million from rusty's life insurance, a sum that might have been tempting to a financially strapped hemy neuman. do you think andrea sneiderman had any plans to spend the rest of her life with hemy neuman? >> no. >> $2 million dollars later, she's free of her husband, she's free of hemy newman. >> reporter: to quote one of the lawyers in this trial, they believe andrea sneiderman played hemy neuman like a yo-yo, manipulated him -- >> yes. >> reporter: -- into committing this murder. >> yes. >> reporter: when we come back -- >> this guy's bizarre. >> this twisted little man. >> reporter: both the defense and the prosecution turn up the heat, and not just on the killer. they suggest andrea might be a black widow, not a grieving one. >> he's not crazy. he's a co-conspirator with the demon that he was cheating with, the demon that defiled her marriage. >> andrea sneiderman is an adulterer and a tease and a master manipulator. >> reporter: see what's next. little brother? y , i guess.

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>> reporter: is this the face of madness? and is this the face of evil? those are the questions facing the jury at the trial of hemy neuman. he's admitted killing rusty sneiderman. but the central question remains. was hemy crazy or just crazy in love with rusty's wife andrea? three psychiatric witnesses for the defense agree hemy neuman was insane at the time of the murder. >> when he shot mr. sneiderman, he was going through a manic episode. >> he was somewhat odd and had some weird magical thinking. >> that he suffered from bipolar disorder and at the time was manic and delusional. >> reporter: the defense witness, dr. tracey marks, says andrea also shares some of the blame for what she calls the explosion of madness in hemy's head. >> whether it was intentional or unintentional, was that her

interactions with him kind of planted the seed for his delusions. >> reporter: prosecutors say there were no delusions, just a methodical, premeditated plot to kill rusty. >> he stalked him. which gun to use? well, let me see. should i stab him? should i shoot him? should i run him over with a car? >> reporter: and what was happening in andrea's head? she denies an affair, but even her former close friend shayna citron didn't believe her. >> did andrea admit or deny an affair with her boss at that time, after the murder? >> denied it. >> when she told you, "no," did you believe her? >> no, but my heart really wanted to believe her. >> but you didn't believe her? >> no. >> thank you, ma'am. >> reporter: citron's testimony led to a jaw-dropping moment of courtroom drama. when she left the stand, andrea stood and gave her a long warm hug in front of the jury. but outside the courtroom, where the jury couldn't see, andrea approached her again. citron's lawyer, jay abt, witnessed what happened next.

>> she tells her, "look, i understand you had to do what you had to do. but now, you're going to have to live with what i'm going to do." she says it in an ominous way. and then she gives shayna another kiss, but this kiss, it was like the kiss of death. >> reporter: as they close their cases, the prosecution and defense have one thing in common -- their scathing accusations against the victim's wife. >> the gun, in this case, was in hemy's hand. but the trigger, i respectfully suggest, was pulled by andrea sneiderman. >> hemy didn't hide his crime from andrea because andrea already knew. >> adulterer, tease, liar and master manipulator. >> i have never heard words like >> reporter: as for hemy, the prosecution says he was anything but insane. >> hemy neuman killed rusty sneiderman because he wanted his wife, because he

wanted his money, because he wanted his life. and that makes him guilty. that makes him guilty. that makes him guilty, all day every day, because he is sane, and he knew the difference between right and wrong. >> reporter: district attorney robert james mocks any evidence of hemy's manic episodes. >> they would have us believe that he is insane because he's having a good time at the club, and andrea is doing this dance for him and she's, you know, and they're groping and they're grinding and they're getting it on. they're kissing and hugging. now, he's supposed to be insane because he's saying, isn't it great? isn't it great? isn't it great? yes, it's great. of course, it's great. he's having an affair. he's about to go back to their room and do the horizontal mambo. yes, it's great. what man in america wouldn't be like, "woo. i'm about to have sex. it's great." of course, he's having a good time. if that makes him insane, then half the men walking down the street are insane. >> reporter: he similarly dismisses the description of hemy's alleged abusive

childhood. >> wah, wah, wah. we should all have it so bad. i got smacked with a belt every now and then. wah, wah, wah. >> reporter: both sides end with a passionate plea for justice. >> hemy was used. hemy was manipulated. >> good men don't sleep with other men's wives. good men don't do what he did. good men do not do this. >> reporter: a year and a half after rusty was shot dead -- >> would you please bring in the jury, please? >> reporter: there is a verdict. >> we, the jury, find the defendant as to count one guilty beyond a reasonable doubt but mentally ill. >> reporter: it's a win for the prosecution. hemy neuman will go to prison, not a mental hospital. as the judge gets ready to issue his sentence, neuman stands and for the first time speaks in court. >> i'm so, so, so sorry for

their loss. >> reporter: hemy neuman's apology is too little, too late. he is sentenced to life behind bars with no chance ever of parole. andrea sneiderman issued a statement, saying she was, quote, grateful and an relieved by the verdict, and describing her husband as an amazing man. she has denied any involvement in his murder. but hemy's lawyers still believe the wrong person is paying the price for rusty's death. >> i think that he was a pawn in her hand and she's guilty. >> reporter: you think she belongs in prison? >> i do. >> i believe she should be charged with murder. >> reporter: you believe she's guilty of murder? >> i believe she participated in the -- in the death of her husband. now, what i believe and what i can prove are two completely different things at times. >> reporter: when we come back, andrea sneiderman arrested. but what can the prosecution prove? a dramatic reversal in the case

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>> reporter: hemy neuman, convicted and sentenced to life in prison. but anyone who thought that was the end of it was wrong. >> good afternoon, everyone. officers arrested andrea sneiderman today at her family's home. >> reporter: within six months of the neuman trial, andrea sneiderman was indicted for murder and arrested. >> if you help, you can be charged just like the person who did it. >> reporter: friends and family of murder victim rusty sneiderman would not rest until his widow was brought to justice. do you believe she actually conspired to have rusty shot and killed? >> we don't know how she's involved.

but she's involved. and we need to know. we need, that's why this investigation needs to continue. we need to know those answers, and we need to know those answers soon. how can we have any peace when we don't know the truth? >> new at 5:00, what's significant about that? >> reporter: investigative reporter jodie fleischer covers the story for atlanta abc station wsb. >> she hired some of the best, most well-known defense lawyers in dekalb county. they immediately from day one started attacking the indictment publicly. >> our defense is, the state's case is simply based on an absolutely incorrect assumption of guilty and it's not based on evidence. >> reporter: briefly jailed, sneiderman's phone calls which she may not have realized were recorded reveal one thing worrying her. not the case, but casting which actress should play her when hollywood comes calling. she was thinking of "miss congeniality 2."

>> i have to go pick out my outfit for the press conference. >> and she thought that sandra bullock would be good, but that she was a little too old to play andrea. >> sorry, sir. >> reporter: after three weeks in jail, sneiderman got bail. >> anything you want to say just about how much you are looking forward to seeing your children, what the three weeks have been like? >> reporter: then, under house arrest, ankle bracelet and all, for most of a year, living with her parents and her children, sneiderman has been waiting to go on trial for the murder of her husband. but that will not happen. in a courtroom in atlanta today, at what was supposed to be a routine hearing -- the case imploded. >> make a motion to drop count one, two and three of the indictment -- >> mr. james -- >> reporter: the charges that she was directly involved in her husband's murder -- tonight, they are gone.

>> andrea sneiderman will no longer face charges for the murder of her husband. >> i believe that it would be unjust and unethical for the district attorney of this county to go forward on a charge that i am not 100% sure that someone is guilty of. >> for nearly a year, we've been hearing from prosecutors that they can make this case and now they say they can't. >> reporter: at the 11th hour, just days from jury selection, they say, we don't really have it after all. sneiderman still faces several charges, mostly for allegedly lying to police and on the witness stand. >> recess. >> all rise! >> oh, it's a huge victory for the defense. they have been saying from day one that she was not involved in planning this murder. and now, it appears prosecutors can't prove that she was. >> reporter: don geary helped pros cue hemy neuman. he now works for a different d.a. >> it is not uncommon to discover things after indictment, as a matter of fact,

it's almost common, that makes your case either better or worse in some aspect. and a prosecutor doing justice adjusts. and if it's the right thing to do to drop a charge. >> reporter: the one man prosecutors believe could implication andrea sneiderman has refused to cooperate. hemy neuman is keeping his silence. these developments, a final piece of bad news for the sneiderman family. >> they believed that andrea played a role and they wanted justice. and now, they feel like they're not going to get that. >> reporter: when we met the family following the last trial, they told us there was one thing they wanted, even more than justice. that was for the memory of their son, rusty, to live on. >> in my dreams, he comes waltzing through the door, just like he always did. >> he was the light of my life. >> it's so much more to offer the world. the world is so much poorer

because he's not here. >> reporter: and so much poorer, of course, are rusty's young children, who are now living only with their mother and without their father. what will you tell sophia and ian about their dad? >> that he loved them so. he wanted nothing but the best for them. rusty's motto was to dream big. and i ho monumental traffic jam. the bay bridge shutdown as thousands hit the road.

>> and an east bay family whose son is receiving the nation's