Should DNA evidence be admissible in the trial of the Gilgo Beach serial killings suspect?

2025-03-29 06:00:00

Abstract: Rex Heuermann's Gilgo Beach killings trial hearing focuses on DNA evidence admissibility. Defense challenges testing method, prosecution cites its validity and expert testimony.

A court hearing began on Friday regarding the trial of New York architect Rex Heuermann, who is accused of a series of murders known as the Gilgo Beach killings, focusing on whether certain DNA evidence can be used in the upcoming trial. The case involves multiple victims, and the validity of the evidence has become the focus of debate between the prosecution and the defense.

Heuermann's legal team hopes to exclude the DNA test results conducted by Astrea Forensics on hairs extracted from seven victims in the case. They argue that the method used by the California-based laboratory has never been accepted by New York courts. The legal team questions the reliability and legal validity of the testing method, seeking to prevent its adoption in the trial.

But at the pre-trial hearing in Riverhead court, an academic expert testified that the type of testing used, namely nuclear DNA or "whole genome sequencing," is widely accepted in the scientific community. Dr. Kelley Harris, a professor of genome sciences at the University of Washington, described Astrea Forensics' method as an "elegant and powerful" way to determine whether hair fragments extracted from the crime scene match those taken from the suspect.

Heuermann's lawyer, Michael Brown, sought to downplay Harris' testimony, pointing out in cross-examination that Harris has no forensic science background in criminal cases. He also pressured Harris, questioning her close relationship with Dr. Richard Green, co-founder of Astrea Forensics, with whom she co-authored research papers and whom she considers a colleague. "She's a hired witness, she was recommended by Dr. Green, she's a proponent of this thing we call 'magic'," Brown said after the day-long hearing.

Brown also slammed Astrea Forensics' use of the publicly available "1000 Genomes Project," which sequenced the DNA of approximately 2,500 people worldwide, as a reference library for comparing hair samples in the case. "I want people to understand that it should not be used in criminal court," Brown said outside the courtroom. "The 1000 Genomes Project has been around for a long time, but it has never been used in a forensic setting, and the reason they don't use it as a population reference is because it doesn't contain a sufficient population sample for comparison."

The proceedings will continue next Wednesday, when other experts are expected to testify before Judge Timothy Mazzei makes a ruling. Heuermann, wearing a dark suit, did not speak at Friday's hearing. Asa Ellerup, who reached a divorce settlement with Heuermann on Thursday, also appeared in court, accompanied by the couple's daughter and the family's lawyer. The case spans decades of killings on Long Island, and a trial date has not yet been set. Heuermann's legal team also wants to divide the case into multiple trials because they fear the "cumulative effect" of the evidence presented by prosecutors. The Suffolk County District Attorney Ray Tierney's office opposes this request. Mazzei is expected to rule on this soon.

Prosecutors argued in pre-hearing legal filings that whole genome sequencing has been accepted by peer-reviewed scientific journals, as well as federal regulators, paleontologists, virologists, and the medical community. They said that Astrea Forensics' findings were also independently confirmed by mitochondrial DNA testing from another laboratory - a method that has long been accepted by New York courts. Since late 2010, Long Island police have been investigating the deaths of at least 10 people, mostly female sex workers, whose remains were found along a remote highway not far from Gilgo Beach.

Heuermann, who lives in nearby Massapequa Park, was arrested in 2023 and charged with the deaths of three victims between 2009 and 2010: Melissa Barthelemy, Amber Lynn Costello, and Megan Waterman. While in custody, he was subsequently charged with the deaths of four other women: Valerie Mack in 2000, Jessica Taylor in 2003, Maureen Brainard-Barnes in 2007, and Sandra Costilla in 1993. Heuermann maintains his innocence and has pleaded not guilty to all charges.