SUFFOLK COUNTY, NY – Rex Heuermann, the man charged in the deaths of three of the Gilgo Beach victims, appeared at a scheduled court conference at the Arthur m. Cromarty Courthouse in Riverside – with his estranged wife Asa Ellerup in the courtroom.
Heuermann was dressed in a suit and tie; he stared directly ahead throughout the proceedings.
Heuermann, of Massapequa Park,, 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.
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A total of 11 sets of remains were found in the Gilgo Beach murders, which rocked Long Island, including that of a toddler and an Asian male.
At the conference, Michael Brown, Heuermann’s attorney, made three requests: for 75 pages of grand jury minutes that he had not yet received, that he said will help him to defend his client. Also, Brown asked for lab reports, and noted that they had, in fact, been turned over that morning. He also asked for “investigative notes” going back to the discovery of the first victim in 2010.
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Assistant District Attorney Nicholas Santomartino said they will produce the 75 pages and noted all the information they had provided the defense, including search warrants that led to Heuermann’s arrest and included 13,000 photographs taken at his home, his office, and his vehicle. in addition, said Suffolk County District Attorney Ray Tierney, the lead prosecutor on the case, lab reports have also been turned over.
Heuermann is next slated to appear in court on Feb. 6.
Tierney said he wanted to give the defense all the information requested, but not in a piecemeal fashion. He said the grand jury, which was convened in June, was continuing its investigation and would “conclude shortly.”
When asked for a clearer definition, he said, “Shortly is shortly.” Of the investigation into the fourth victim, Maureen Brainard-Barnes, Tierney said that was “wrapping up.”
Tierney, when asked about victims in other states, said he had jurisdiction in Suffolk County but other law enforcement agencies were welcome to review the evidence.
Tierney said there was much forensic evidence under review, including cell phone records and pings, DNA, mitochondrial DNA evidence, and more. He said he wanted a trial “based on evidence,” and wanted to provide a full body of that evidence to the defense; that evidence so far comprises a full gigabyte.
Of the body of evidence and thousands of photos, Tierney said it was a “sprawling” investigation with search warrants at his home, business and storage facilities.
When asked about Heuermann’s wife’s appearance in court, he said he had no comment and that she came to the proceedings, “as is her right.”
Ellerup caused a stir when she showed up at the courthouse; some said she had a film crew with her but her attorney’s office said that was untrue, and that an associate from the firm was filming.
After the court appearance, Ellerup kept her head down and declined to answer questions.
Brown, Heuermann’s attorney, also addressed the media. He said he really wanted the notes for the case to see why other suspects were discounted, something he said was important to the case.
When asked about Ellerup — Heuermann did appear to glance back once, upon entering, toward the courtroom – Brown said he didn’t know if he actually saw her. “He’s appreciative that she’s here, they were married for so many years, and they raised a family together. My understanding is she doesn’t believe he committed these acts or is capable of committing these acts. So he certainly appreciates that support.”
Ginenne Pugliese, an associate at the office of Ellerup’s attorney Bob Macedonio, said there was “no comment” to those statements by Brown. Pugliese said that although there was a media stir when Ellerup arrived, it was not a film crew recording her. “It was me,” she said. “I was told to document” what transpired.
Of Ellerup’s visit, Brown said, “I think it’s great. You have to remember that Rex is in a section of the jail, that’s really isolation. Other than the correction officers and myself ,he hasn’t really had any interaction with anyone. So the fact that his wife, his family member was able to see him, and they talked, that was important. He indicated that he was happy to see her.”
He said another person had visited, possibly a friend.
Heuermann, Brown said, “is looking forward to defending himself. We entered a ‘not guilty’ plea in this case. He has maintained his innocence from Day 1. He wants to get to the trial of this case. He doesn’t want to be tried by the government, he doesn’t want to be tried by public opinion, he doesn’t want to be tried by the press. He wants to go into a courtroom, get the evidence before 12 fair, impartial people, and we’re confident he’s going to be acquitted once that happens.”
Brown added, “You can look at this case and you can talk about fantasy, and talk about reality.”
Brown referenced a doll that was brought out during a search warrant executed on the home; the doll was just a collectible, he said, and not even taken. The soundproof vault that was discussed, Brown said, was “not a soundproof fault,” just a place to secure his guns, guns he was legally allowed to have. “He’s a gun buff, he’s a collector, and he goes to ranges to shoot,” he said. “There’s nothing about this case that involves a weapon, there’s no allegation of that. The reality is these guns have nothing to do with this case.”
Talking about Las Vegas and South Carolina, Brown said: “The fantasy is that if there’s people missing in that state, he’s obviously the one who is responsible. The reality is that there is no evidence whatsoever that he has anything to do with any of these missing people.”
Despite some who say he shows no emotion and looks like a “mass murderer,” Brown said he told Heuermann to remain stoic and “not get into it with anyone” in jail.
Brown also said the “fantasy is” that “his DNA is on one of the victims. That’s the fantasy. The reality is there is literally one hair that is on tape that was on one victim. That is not his DNA,” Brown said. “The lab said that he is potentially is a donor for that hair but they don’t tell you that there are thousands of people just inthe metropolitan area potentially in that same pool of donors so to jump to, ‘It’s his DNA on the tape is completely fantasy. The reality is he is not excluded from being a donor but there are thousands and thousands of other people.”
Brown said, in fact, that under former Suffolk County District Attorney Tim Sini, another man was a suspect slated for possible arrest. “His name is not Rex Heuermann,” he said, declining to name the individual.
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