Prosecutors say the widow of a man gunned down outside his son's Atlanta-area daycare will not testify in the retrial of the admitted killer.

According to WSB-TV (http://2wsb.tv/2bcBCYd ) prosecutors allege Hemy Neuman was having an affair with Andrea Sneiderman and that Neuman killed Russell "Rusty" Sneiderman in November 2010 so he could have her to himself. Neuman worked with Andrea Sneiderman and was her supervisor. She has repeatedly denied the claims. Another jury later convicted Sneiderman for perjury and she spent time in prison before being released.

Neuman was found guilty but mentally ill in Rusty Sneiderman's death and sentenced to life in prison without the chance of parole. The Georgia Supreme Court in June reversed Neuman's conviction citing a violation of attorney-client privilege.

Opening arguments started Monday in his second trial.