37: Will Rex Heuermann's Child Porn Charges Be A Separate Trial

Rex Heuermann, whose name has gripped headlines recently, became
the central topic of discussion on the popular podcast "Hidden
Killers" by Tony Brueski. In the latest episode, Brueski sits
down with former felony prosecutor and attorney, Eric Faddis, to
dissect the intricacies and challenges surrounding the Heuermann
case.
 
As many know, one of the most shocking revelations in the
Heuermann case came when the FBI discovered allegations of child
porn and extreme pornography on his computer. Brueski broached
the topic candidly, questioning, "Will that be through the trial
for the murders or is that a whole separate charge?"
 
Faddis responded, shedding light on the complications arising in
such cases. He suggested the defense may argue for a bifurcation,
separating charges related to the alleged child porn from the
murder allegations. "I think his defense is gonna say, Hey, look,
it's too inflammatory, it's too prejudicial," Faddis remarked.
Given the complexity, Faddis even entertained the possibility of
a judge siding with Heuermann on the issue, noting, "judges don't
wanna get reversed" by introducing possibly prejudicial evidence
not directly tied to the current charges.
 
On potential defense strategies, Faddis speculated about the
likelihood of Heuermann claiming an alibi through consensual
encounters with one sex worker and distancing himself from the
other allegations. “Is there some kind of defense whereby Rex
Herman says... for everyone else, you’ve got the wrong person and
you can't prove it was me?” While the strategy remains
speculative, the rapid unfolding of evidence could significantly
narrow down Heuermann's defense options.
 
Given the time lapse between some of the alleged crimes and
Heuermann's arrest, Brueski asked a pertinent question on the
impact of the age of evidence on its admissibility. Faddis
acknowledged the challenges, especially in cold cases. "What
happens is sometimes witnesses disappear or die, or evidence
erodes or its quality… it’s no longer testable," he
explained.
 
The podcast also touched upon the potential issues surrounding
witnesses. Brueski pointed out the complexities of getting sex
workers to testify, especially if these events occurred years
ago, implying the potential risk they might take in revealing
their pasts. Faddis echoed this sentiment, observing a "code of
silence" prevalent in some illicit industries. However, the
notoriety of the case might urge some to come forward.
 
Another compelling discussion segment pivoted around the
disturbing material on Heuermann's computer. Brueski questioned
its role in the case and whether it would provide a comprehensive
profile of Heuermann's psyche. While this material is a crime in
and of itself, its direct correlation with the murder charges
remains to be determined.
 
Faddis concluded by commenting on the multi-jurisdictional nature
of the investigation, with various agencies involved. Drawing
from his experiences as a prosecutor, he highlighted potential
challenges stemming from communication gaps between agencies.
Such shortcomings could offer the defense avenues to challenge
the prosecution's case.
 
In sum, the discussion on "Hidden Killers" illuminated the
layered complexities surrounding the Rex Heuermann case. With
allegations ranging from heinous cybercrimes to murder, and the
potential challenges in evidence presentation and witness
testimony, the road to justice promises to be a riveting journey
filled with legal twists and turns.
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