Accused Gilgo Killer Worked At Jones Beach, 'Familiar' With Area: DA

LONG ISLAND, NY — Accused Gilgo Beach killer Rex Heuermann was back in court Tuesday, where his defense attorney told the media that he would no longer seek a change of venue for the trial — and the prosecution opposed a motion to sever, or separate, the cases into numerous trials.

And, in District Attorney Ray Tierney's affirmation and memorandum of law in opposition of severance, new evidence emerged: Heuermann had worked at Jones Beach from about 1981 to 1984. Subsequently, he was very familiar with a "central disposal site" where six of the seven victims were found," the document read.

"Part of defendant’s work at the beach entailed the defendant getting on all-terrain vehicle and going from field to field, to ensure beachgoers were off the property once the beach was closed, a role that made the defendant extremely familiar with Ocean Parkway at night," the affirmation read. "This evidence, of defendant’s connection to the shared burial site of six of the seven victims, is another overlapping aspect of the defendant’s modus operandi, which provided the defendant with the motive, means, and opportunity to commit the charged crimes."

Judge Timothy Mazzei said that the defense had made the motion to sever the cases, the prosecution had objected and now Michael Brown, Heuermann's defense attorney, and his team needed some time to consider a response.

A new court appearance date was set for March 12.

Regarding a request by the defense for a Frye hearing — which will determine whether DNA evidence never before used in New York is admissible — Assistant District Attorney Nicholas Santomartino said, in response to Brown's request on January 28 for 14 items of discovery, the prosecution is waiting for a hard drive from an outside laboratory that should arrive by the end of next week. At that point, a copy will be given to the defense, he said.

Brown said only about 40 percent of what he'd asked in the massive amount of discovery had been downloaded to the hard drive, with 60 percent still forthcoming.

Santomartino pointed out that much of what is being downloaded from the California-based company where the DNA results were compiled, is actually duplicative; the defense already has much of that information, he said. And, as for the additional 14, items, while the prosecution has not "conceded that they are discoverable," all information requested is being provided, Santomartino said.

"This is novel testing," Brown said. "Even if they have already given us 90 or 95 percent, that 5 percent is a tremendous amount of material. They call it science — we are disputing that."

Judge Mazzei said he understood the volume of material involved. "I get it," he said. "That is the only reason why we are not setting the hearing date today. But we are getting to the point where we need to set this hearing date."

Brown said he and his client wanted to move forward "in the worst way. We've been doing this for a year and a half. We went to go forward but we want to do so in an intelligent fashion."

Judge Mazzei said his hope was to set the Frye hearing date on March 12.

Santomartino said the prosecution had also provided a witness list to the defense.

Suffolk County District Attorney Ray Tierney, who is prosecuting the case, when asked about the prosecution's opposition to severing the cases, responded: "The theory of our case is, this defendant is a serial killer who meticulously and methodically hunted down and murdered seven women. That is our case. He did use the same methodology. He utilized a planning document in which he laid bare his intention to do this. And so, as such under the law, a lot of the evidence of one charge would be admissible in court as evidence of the separate charge. Specifically the DNA evidence, the phone evidence, some of the financial evidence, the searches he made, some of the mementoes he was alleged to have kept — all of these pertain" to all seven victims, he said.

He said the goal was also to spare witnesses from having to participate in multiple trials.

Brown explained his reason for the request to separate the cases: "You have different victims and different evidence," he said. "Some of the evidence and some of the victims should be tried together. We've conceded that in the motion. Many of the other victims should not be tried together. They have nothing to do with each other in the sense of the location of where the bodies were found, the type of murder that was committed, the evidence they have."

The prosecution, Brown alleged, "throws everything" to the grand jury. "And they try to throw as much into it, and then bring it before of the jury. Because of the old adage, 'Where there's smoke, there's fire.'"

At the end of the day, Brown said, Heuermann is innocent until proven guilty on each count. "He has an absolute right to have a jury consider the evidence as to those counts. It would prejudice the jury if they heard other evidence that's unrelated. So that's why we make the motion to sever."

Brown said his client has "maintained his innocence from Day One. He has said, 'I am not guilty of these charges.' And the more I review, the more I inspect what the prosecutor has, it leads me to believe that he's not the guy."

Heuermann, he said, "is holding up okay. He's looking forward to having his day in court. And we'll get there."

Brown said one of the reasons the defense did not file a change of venue motion is because "we are looking forward to 12 people in Suffolk County, the residents in Suffolk County, who are familiar with what goes on in Suffolk County, we are looking forward to having them sit in that courtroom, and listen to the evidence. And listen to the lack of evidence. And listen to the whole picture, as opposed to just snippets that you may have heard."

He added: "We're not doing a change of venue I've been doing this for 30 years. There's nobody better situated to listen to this case and listen to the rules of evidence than 12 people in Suffolk County. I have faith in the people of Suffolk County They know the history of the police department , the history of this investigation."

He said the prosecution "hanging its hat" on the DNA evidence. Brown also said that the prosecution has said, from Day 1, that Heuermann had a "kill room" in his home; and yet, he said, no evidence, "not one shred" was found to support that in the basement.

At a prior media briefing, Tierney referenced articles, including a New York Post article, a People magazine article, and a New York magazine article on the Gilgo Beach investigation, that were found in the Heuermann home, in his home office and in the "basement vault" of the home.

Tierney noted at that December briefing that the bail application said that in Heuermann's planning document, he mentioned, in the "supply" section, that one of the listed supplies was foam drain cleaner — and that he'd made calls to a plumber on October 3, 2000, and in mid-November, when he paid another plumber to check the "mainline" drain.

He pointed out "adhesive" found on the basement wall and said the planning document references push pins, which did not leave an adhesive stain on the wall.

When asked in December if he believed the murders could have taken place at the home, Tierney said he didn't have to prove where the murders had taken place. "We don't have to specifically prove where they happened; there are other elements we need to prove. But I think if you look at this case, the planning document, the adhesive," he said, the planning document and other evidence was "consistent" with the possibility.

On Tuesday, Tierney also said the prosecution is "eager" to start the Frye hearing; he added they have a number of expert witnesses.

He said the DNA "science" the prosecution is utilizing, which the defense has called "magic," has been around for many years, to help doctors and identify Neanderthal bones and prehistoric remains, as well as 9/11 remains.

"This science has been around for many, many years. If the defense wants to call it magic, that's fine. The defense can call it whatever it likes. But we will determine that the hearing and we look forward to that hearing. This is sound science. It is the future of DNA analysis, both in New York State and in this country," Tierney said.

Heuermann appeared in a Riverhead courtroom before Judge Timothy Mazzei on January 29— with the two motions discussed, regarding admissibility of DNA evidence and the defense's motion to try the cases separately.

In December, Heuermann was charged with the death of a seventh victim, Valerie Mack. In June, Heuermann was slapped with new second-degree murder charges in the deaths of two additional women, Jessica Taylor and Sandra Costilla.

In July 2023, Heuermann was indicted on three counts of first-degree murder charges and three counts of second-degree murder charges in the deaths of sex workers Melissa Barthelemy, Megan Waterman and Amber Costello, whose remains were found along Ocean Parkway in 2010.

A total of 11 sets of remains were found in the Gilgo Beach murders, which rocked Long Island. The remains included that of a toddler and an Asian male.

Heuermann was also charged with the murder of a fourth woman, Maureen Brainard-Barnes, in January. New DNA evidence helped connect Heuermann to all four of the deaths, said Tierney, who is prosecuting the case.

Heuermann was charged with second-degree murder, an A-1 violent felony, in the death of Brainard-Barnes on July 9, 2007. Heuermann has pleaded not guilty to all charges.