RIVERHEAD, N.Y. (Court TV) — The case of accused Long Island serial killer Rex Heuermann is headed for a showdown over novel DNA testing that prosecutors say connects Heuermann to the murders of six women and Heuermann’s defense derides as “magical” conjecture.
FILE – Alleged Gilgo serial killer Rex Heuermann appears inside Judge Tim Mazzei’s courtroom on Feb. 6, 2024 in Riverhead, N.Y. Prosecutors are planning a major announcement in the case as Heuermann is set to appear in criminal court on Long Island on Thursday, June 6, 2024. (James Carbone/Newsday via AP)
Heuermann appeared in a Riverhead, New York, courtroom Wednesday to discuss the status of discovery and other evidentiary matters that need to be resolved before the case goes to trial. Dressed in a suit and tie with his hands cuffed behind him, the 54-year-old former architect stood silently during the 5-minute courtroom proceeding while attorneys shared updates with Supreme Court Judge Timothy Mazzei.
Heuermann’s lawyer, Michael Brown, told the judge he’s waiting until he receives all evidence from prosecutors to file any motions – in particular, a motion for what’s known as a “Frye” hearing to determine the scientific validity of DNA testing that prosecutors say implicates Heuermann in the murders.
Suffolk County District Attorney Ray Tierney said his office won’t object to the hearing because they see as an opportunity to prove the admissibility of the testing, which Tierney said has not been used in a New York criminal trial before this one.
Judge Mazzei urged prosecutors to complete discovery by Heuermann’s next court date on December 17. Mazzei also urged the parties to try to reach an agreement on what would be debated in a Frye hearing to avoid the need for motions litigating the contested issues.
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Prosecutors said in Wednesday’s hearing they have given the defense all evidence related to DNA testing in the case, including records from the Suffolk County crime lab and a private lab that provided the contested results allegedly linking Heuermann to the victims. They also said they have handed over 99.9% of all raw data from every electronic piece of evidence collected from 400 devices.
After the hearing, both sides addressed the media, speaking for longer than the hearing lasted.
District Attorney Tierney called the December discovery deadline “ambitious” given the volume of evidence collected over the past three decades. Tierney spoke at length about funding his office needs to comply with discovery obligations, drawing attention to forfeiture funds that he said the federal government has frozen as part of an DOJ investigation.
In addition to the evidentiary hearing, Heuermann’s lawyer said he intends to pursue a venue change motion and motion to sever charges related to two victims who went missing in the 1990s. The attorney accused Suffolk County officials of poisoning the jury pool with inflammatory comments about Heuermann’s alleged guilt and demeanor.
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Brown spoke at length about the importance of the Frye hearing, describing the contested DNA results as “magical” evidence that was generated by a for-profit lab on the west coast after the Suffolk County crime lab was unable to link Heuermann to the victims using another form of DNA testing.
Otherwise, Brown told reporters Heuermann is eager for his day in court. In the meantime, Brown said Heuermann remains in isolation in Suffolk County jail for his safety even though Heuermann doesn’t think it’s necessary.
