Sneiderman v. State

784 S.E.2d 18, 336 Ga. App. 153, 2016 Ga. App. LEXIS 143
CourtCourt of Appeals of Georgia
DecidedMarch 11, 2016
DocketA15A1774
StatusPublished
Cited by6 cases

This text of 784 S.E.2d 18 (Sneiderman v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sneiderman v. State, 784 S.E.2d 18, 336 Ga. App. 153, 2016 Ga. App. LEXIS 143 (Ga. Ct. App. 2016).

Opinion

ANDREWS, Presiding Judge.

Andrea Sneiderman appeals from the judgment of conviction entered on jury verdicts finding her guilty of hindering the apprehension of a criminal in violation of OCGA § 16-10-50 (Count 1); concealing a material fact from the Dunwoody Police Department (DPD) in violation of OCGA § 16-10-20 (Count 2); three counts of making a false statement to the DPD in violation of OCGA § 16-10-20 (Counts 3, 8, and 10); and perjury in violation of OCGA § 16-10-70 (Count 6). The charges stemmed from the November 2010 shooting death of Sneiderman’s husband; Sneiderman’s conduct during the DPD’s investigation of the fatal shooting; and Sneiderman’s testimony during the February 2012 murder trial of Hemy Neuman, who was her workplace supervisor at the time of the shooting. At the murder trial, Neuman admitted that he had an affair with Andrea Sneiderman; that he planned to murder her husband; and that he shot and killed her husband, Russell Sneiderman. Neuman v. State, 297 Ga. 501, 501 (773 SE2d 716) (2015).1 For the following reasons, we affirm.

[154]*1541. Sneiderman contends that the trial court erred by denying her general demurrer, filed during the jury trial, in which she asserted that Counts 1 and 2 of the indictment were void because they failed to allege all the essential elements of the charged crimes.

“A general demurrer challenges the very validity of the indictment and may be raised anytime....” State v. Eubanks, 239 Ga. 483, 485 (238 SE2d 38) (1977). “An indictment is void to the extent that it fails to allege all the essential elements of the crime or crimes charged.” Henderson v. Hames, 287 Ga. 534, 538 (697 SE2d 798) (2010). The rule that a grand jury indictment must set forth all the essential elements of the charged offense serves to satisfy the Sixth Amendment’s due process requirement that the defendant “be informed of the nature and cause of the accusation,” and the Fifth Amendment’s indictment requirement ensuring that a grand jury return an indictment only when it finds probable cause to support all the essential elements of the offense. Smith v. Hardrick, 266 Ga. 54, 54-55 (464 SE2d 198) (1995).

As to Count 1, Sneiderman claims the indictment was void for failing to allege the essential mens rea or intent element contained in the charged offense under OCGA § 16-10-50. The relevant portions of OCGA § 16-10-50 provide:

(a) A person commits the offense of hindering the apprehension or punishment of a criminal when, with intention to hinder the apprehension or punishment of a person whom he knows or has reasonable grounds to believe has committed a felony or to be an escaped inmate or prisoner, he:
(1) Harbors or conceals such person; or
(2) Conceals or destroys evidence of the crime.

As set forth in the indictment, Count 1 charged Sneiderman

with the offense of Hindering the Apprehension of a Criminal in violation of [OCGA §] 16-10-50 for the said accused person, in the County of DeKalb and State of Georgia, between the dates of November 18, 2010, and January 5, 2011, did knowingly and willfully conceal facts and destroy evidence of Hemy Neuman’s guilt in the murder of Russell Sneiderman, which she knew was evidence of the crime of Murder, to wit: the accused destroyed text messages and a [155]*155record of telephone calls between herself and Hemy Neuman exchanged on the date of the murder, concealed her romantic relationship with Hemy Neuman from police, and concealed her knowledge of Hemy Neuman’s culpability in the murder of Russell Sneiderman.

“The mens rea of [OCGA § 16-10-50] is an intent to hinder the apprehension or punishment of a person who the actor knows or has reason to believe is either (1) a felon, (2) an escaped inmate, or (3) an escaped prisoner.” Robert E. Cleary, Jr., Kurtz Criminal Offenses and Defenses in Georgia, (I) Impending Arrest or Prosecution, (II) (A) (2014 ed.). Sneiderman contends that Count 1 is void because it failed to expressly charge the essential mens rea element of OCGA § 16-10-50 that she intended to hinder the apprehension or punishment of Neuman who she knew or had reason to believe was a felon.

We find that Count 1 of the indictment sufficiently set forth the essential mens rea element of OCGA § 16-10-50. Count l’s express reference to OCGA § 16-10-50 on which the charge was based, along with the other factual allegations, adequately informed Sneiderman of the charged offense. State v. Howell, 194 Ga. App. 594, 595 (391 SE2d 415) (1990). Moreover, Count 1 further alleged that Sneiderman “did knowingly and willfully conceal facts and destroy evidence of Hemy Neuman’s guilt in the murder of Russell Sneiderman, which she knew was evidence of the crime of Murder____” These allegations necessarily raised an inference that Sneiderman acted with the intent required under OCGA § 16-10-50 to hinder the apprehension or punishment of Neuman who she knew was a felon. The failure to expressly allege the essential element of mens rea or intent does not render an indictment defective “where the indictment employs language that necessarily raises an inference that the requisite criminal intent existed.” Morris v. State, 310 Ga. App. 126,130 (712 SE2d 130) (2011) (citation and punctuation omitted); Humphrey v. State, 231 Ga. 855, 861 (204 SE2d 603) (1974). It follows that the allegations of Count 1 warranted an inference that the grand jury found probable cause to support the essential mens rea element contained in OCGA § 16-10-50. The trial court did not err by denying the general demurrer to Count 1.

As to Count 2, Sneiderman claims the indictment was void for failing to allege the essential element of materiality contained in the charged offense under OCGA § 16-10-20. The relevant portions of OCGA § 16-10-20 provide as follows:

Aperson who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact... [156]

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784 S.E.2d 18, 336 Ga. App. 153, 2016 Ga. App. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sneiderman-v-state-gactapp-2016.