In a world where legal intricacies intertwine with chilling criminal allegations, how does the concept of spousal privilege play into the investigation of heinous crimes? This question forms the core of a recent episode of "Hidden Killers," where host Tony Brueski discusses the complex case surrounding alleged serial killer Rex Heuermann with former felony prosecutor and attorney Eric Faddis.

The conversation delves into the intriguing situation of Asa Ellerup, Heuermann's wife, who has yet to divorce him. Brueski probes whether Ellerup's reluctance to end her marriage could be a strategic move to maintain spousal privilege, potentially shielding her from testifying against Heuermann. Faddis explains, "Typically, in many states, if the couple is married, the wife wouldn't have to testify under oath against her husband."

However, Faddis also highlights exceptions to this rule, such as the 'forfeiture by wrongdoing' clause, which could apply if Ellerup had any nefarious involvement in Heuermann's alleged crimes. The discussion also explores the differences between involvement and knowledge in the context of legal responsibility. Faddis points out, "Usually just having knowledge of some wrongdoing doesn't necessarily expose someone to criminal liability," but he also mentions scenarios where knowledge could implicate someone, such as obstruction or involuntary homicide theories.

Brueski raises the possibility of Ellerup having knowledge of Heuermann's alleged actions, whether it be his infidelities or more sinister activities. Faddis agrees this is a complex legal area, adding, "If you know that your husband is likely to kill other sex workers because he's done it in the past and you say nothing, does that begin to look like obstruction?"

The discussion concludes with speculation about ongoing investigations. Faddis believes prosecutors are likely exploring all avenues covertly, keeping a close eye on Ellerup and her connections. He asserts, "Prosecutors aren't just sitting on their hands; they're probably covertly exploring any investigative avenues they can."

As the case against Rex Heuermann unfolds, the role of Asa Ellerup and the application of spousal privilege remain critical areas of interest. With new developments possibly on the horizon, one must ask: What secrets lie behind the veil of a marriage entangled in a web of alleged crimes?

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