In the newest episode of "Hidden Killers," host Tony Brueski had a candid conversation with Eric Faddis, personal injury attorney, trial lawyer, civil and criminal litigator, and former felony prosecutor, discussing the current state of the Brian Koberger case. With a possible stay on the horizon and the defense challenging the impartiality of the grand jury that indicted Koberger, the conversation provided crucial insight into the intricacies of the unfolding case.
 
Atypical to most criminal cases, the request for a stay in proceedings raised some eyebrows, including Faddis'. "It's at least a little bit unusual," Faddis commented. He acknowledged that while delays are not commonly favored, given Koberger's situation, it made sense for the defense to pull out all stops to represent their client, particularly with the death penalty on the table.
 
The discussion also touched on the defense's claim of having 'exonerating evidence,' which has yet to be publicly disclosed. Faddis rationalized this, explaining that it is often a challenging decision to disclose such information. “Sometimes you want to keep a little closer to the vest, especially if you don't have any confidence that the prosecutor will take some favorable action in your case," he explained.
 
The term 'exonerating evidence' has been used strategically by the defense to sway public opinion and influence potential jury members. Faddis described this as a tactic to counter the one-sided narrative that has been overwhelmingly against Koberger, stating, “There's been this narrative in the media that this case has captured the nation's attention, and most of the information that has come out has been one-sided against the defendant, Brian Koberger.”
 
The strategy behind Koberger's silence, when it came time to plea, was also addressed. Faddis suggested that this was a procedural tactic that allowed him to challenge the constitutionality of the grand jury under Idaho law, which is currently being contested in court.

Regarding media coverage, Faddis highlighted that the defense’s concerns about media tainting prospective jurors are common in high-profile cases. However, he expressed skepticism about how much the media could have influenced the grand jurors. “Really, the question is going to be to what extent did media coverage taint any of these grand jurors, if at all? And I think that that's what defense is hoping to explore with these motions,” he explained.
 
As the Brian Koberger case unfolds, these developments show the complexity of the legal maneuvers employed. Through this episode of "Hidden Killers," listeners gained invaluable insights into the strategies at play in this highly-publicized case, demonstrating how the ever-evolving nature of the case continues to grip national attention.
 
Listeners of the podcast are urged to continue following the series for future discussions and updates on this case and others, with experts such as Eric Faddis providing professional perspectives on the intricate workings of the legal system.
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