Defense Wants 3 Gilgo Beach 'Dumping Ground' Murders Tried Together

LONG ISLAND, NY — Accused Gilgo Beach killer Rex Heuermann appeared in a Riverhead courtroom before Judge Timothy Mazzei Wednesday — with two motions discussed, regarding admissibility of DNA evidence and the defense's motion to try the cases separately.

Heuermann currently stands charged with the murder of seven women, between 1992 and 2010.

Mazzei said defense attorney Michael Brown had submitted a "demand" letter, asking for additional discovery regarding DNA testing; Assistant District Attorney Nicholas J. Santomartino said the prosecution felt that all material had been delivered but they would read the demand and discuss it with Brown this week.

In addition, the judge said that the prosecution had submitted an affirmation and memorandum of law in response to Brown's motion for a Frye hearing, which would ask the judge to determine whether nuclear DNA evidence, never before used in a New York court of law, would be admissible.

Suffolk County District Attorney Ray Tierney explained that although the prosecution planned to oppose the Frye hearing, he acknowledged that since it was new science, the hearing could go forward so that the judge could decide on the issue of admissibility.

Judge Mazzei said Heuermann's next court date would be Feb. 18 and a Frye hearing date would be set at that time.

Mazzei also discussed the defense's motion to sever the trials; he said he would receive the DA's response by then and the matter would be under consideration at that time.

After the court appearance, Tierney said he plans to object to the motion to sever the trials. "If you look at the evidence, all of it is properly joined, and we'll make those arguments," he said, adding that he believes "the alleged intent of the evidence was clear in regard to all seven charges."

As for the defense's request for additional discovery, if any was determined to be outstanding, it would be delivered, Tierney said.

Of the Frye hearing, Tierney said since it involved "complex scientific evidence," the "substantial" proceedings would likely last more than a day, with experts testifying. The issue at hand would be admissibility of the DNA the prosecution had presented, "never litigated in New York State before," he said.

When asked about the DA Office's new unsolved cases unit, and whether any of those could be tied to Rex Heuermann, the DA said that all crime scenes are investigated individually. "We don't make any assumptions. It doesn't matter what I think or what we think. We need to figure out what we can prove. As of right now, there are seven alleged crimes committed by this defendant."

And, when asked if there would be any additional indictments before trial, Tierney said: "Prosecutors should speak through indictments, not supposition. When you talk about uncharged cases, that's when prosecutors get themselves in trouble."

Brown spoke out about the Frye hearing, during which the question of the nuclear DNA's admissibility would be discussed. He said he believes the lab in California where the testing was done is a for-profit business and not accredited in New York State.

On the issue of severing the cases, Brown said he believed the three bodies found in the Gilgo Beach "dumping ground" should be tried together, with the fourth victim, Maureen Brainard-Barnes, tried separately, as well as the last three cases — for a total of five separate trials.

The defense's motion asking that charges against accused Gilgo Beach killer Rex Heuermann be tried separately in court was filed on January 21 by Bohemia attorney, Sabato Caponi, a member of Heuermann's defense team.

The first three counts involve homicides that occurred within the same 24-month period, the motion states, making them fall under the A-1 first-degree murder category, the defense said.

The motion said that the identity of the "perpetrator(s)" of the seven murders is still "as yet, unresolved" with the "People's proof . . . largely, if not entirely, circumstantial." The admissibility of evidence including cell phone and cell tower data "coupled with DNA evidence acquired through suspect and unproven methods" is "subject to challenge and fiercely contested by the defense," the motion said.

The motion for severance also said there were "substantial differences" in the seven murders.

A "substantial disparity risks an improper conviction based impermissibly upon the cumulative effect of the evidence," the motion said. "That risk is exacerbated by the heinous nature of the accusations. The abhorrent nature of the crimes combined with the human tendency to more readily believe a person guilty when it is suspected that the accused engaged in similar crimes creates potential for prejudice so great as to outweigh any concerns of convenience or economy."

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.