If Kohberger Wants To Use Stargazing Alibi, He MUST Testify, Attorney Eric Faddis Breaks It Down
Hidden Killers With Tony Brueski | True Crime News & Commentary
True Crime Today
3.3 • 907 Ratings
🗓️ 17 April 2025
⏱️ 26 minutes
🧾️ Download transcript
Summary
Tony Brueski and Eric Faddis carefully dissect why the defense is vigorously contesting specific terms and pieces of evidence, notably terms like "murder," "psychopath," and "sociopath." What are the strategic and psychological impacts of such emotionally charged language, and how might these rulings affect the trial proceedings and jury decisions? Additionally, we examine the reasoning behind the judge allowing the dramatic 911 calls under the "excited utterance" exception to hearsay rules, illuminating how courtroom rules influence the narrative jurors ultimately hear.
Finally, we scrutinize Kohberger's controversial alibi—the claim of stargazing on what was reportedly a cloudy night. Tony and Eric discuss whether Kohberger may need to personally testify to establish this alibi, a decision fraught with risks that could significantly influence his defense strategy. Furthermore, we explore how the introduction of Kohberger's alleged autism diagnosis might impact the case, particularly in the sentencing phase, and debate whether such a defense tactic helps or hinders his legal position. Don't miss this detailed breakdown of how critical pretrial decisions can dictate the direction and ultimate resolution of this riveting true crime saga.
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Transcript
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| 0:00.0 | This is Hidden Killers with Tony Brewski. |
| 0:04.2 | Back to court in the Brian Coburger case, a hearing just taking place just the other day. |
| 0:12.2 | Not with, you know, fireworks, but a pretrial rulings that quietly decide what the jury will actually get to hear when things finally go to trial. |
| 0:22.9 | We're talking about Amazon purchase histories, 911 call audio, surviving roommate testimony, |
| 0:28.6 | and whether bushy eyebrows are legally significant enough to tip a murder case. |
| 0:34.4 | And just to make things even trickier, we've got autism, alibis, the death penalty, all tangled up into this legal chess match. |
| 0:42.8 | So with all of these evidentiary decisions still hanging in the balance, we brought in someone who knows |
| 0:48.6 | exactly how these courtroom rules shape a case, former prosecutor and defense attorney Eric Fattis. |
| 0:54.3 | Eric, when a judge is making all of these pretrial calls about the jury, what they can and what |
| 1:00.5 | they can't hear, especially in a death penalty case like this, how much does that shape the |
| 1:05.3 | outcome before trial even begins? |
| 1:09.7 | It really installs parameters for the case. You know, there's all this |
| 1:13.9 | information we've heard about the case, but only some of that is going to be legally admissible. |
| 1:19.0 | It presents, puts up some guardrails, kind of. So the judge can ensure that the case doesn't |
| 1:25.4 | go completely off the rails with, you know, |
| 1:27.8 | conspiracy theories or evidence that is not legally competent and admissible. And so it really |
| 1:34.5 | sort of shapes what the jury is going to hear and affects the strategy on both sides based on what |
| 1:40.6 | those pretrial rulings will be. And there's a lot of a thing. I mean, basically, Anne Taylor went through the laundry list |
| 1:46.4 | is trying to get everything excluded and saw what stuck. |
| 1:48.9 | I was kind of like, it's funny watching her. |
| 1:52.7 | She's a great attorney. |
| 1:54.1 | But I feel like sometimes it's like watching like my daughter, |
... |
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