During a court hearing in October, Eberle's attorney, Stewart Ferreira, said the alleged killer has a "long history of substance abuse," including the "long and chronic use of bath salts." The chronic drug abuse has left Eberle brain-damaged, Ferreira said, and possibly unfit to stand trial.
But Ferreira wants to keep a fitness evaluation from being used in the case against Eberle. During Friday's hearing, Judge Robert Livas said the matter has become "so convoluted" that he would only make his decision after reviewing such material as court transcripts and case law.
"I'm going to readdress the whole thing" Monday, Livas said.