Rex must give up DNA
Judge’s ruling potentially major blow to Gilgo-slay suspect
A Long Island judge ordered accused Gilgo Beach serial killer Rex Heuermann to provide prosecutors with a DNA sample over the objections of the suspect’s attorney in a Wednesday blow to his defense.
“The court finds that contrary to the defendant’s contention, there is probable cause to believe the defendant committed the crimes charged and, therefore, a basis to compel the buccal swab,” wrote Suffolk County Supreme Court Justice Timothy Mazzei in his three-page decision.
The legal battle concerned a discarded pizza crust and used napkin, with Long Island prosecutors arguing for the right to take the samples from the Massapequa Park resident arrested July 13 in Manhattan.
The crust and napkin were recovered by an FBI agent from a trash can outside the defendant’s Manhattan office in January, with authorities believing his DNA is on the items.
Prosecutors want to compare the suspect’s DNA with the items pulled from the trash and with a hair found on victim Megan Waterman.
Heuermann’s defense attorney argued authorities had failed to establish probable cause to collect her client’s DNA now. But the order granted the prosecution’s motion for a sample, adding the oral swab will be taken in front of the defendant’s attorney.
“The court finds that a comparison of the defendant’s sample with the evidence obtained ... will yield probative material evidence,” wrote Mazzei.
Defense attorney Danielle Coysh filed court papers this past Monday to block prosecutors from collecting the DNA sample from the 59-year-old defendant, insisting they failed to demonstrate probable cause.
The Suffolk County district attorney’s office “can state nothing more than Rex A. Heuermann is purported to have used or touched these items,” she argued, adding the government’s contention was “at best a matter of conjecture and assumption.”
The hulking 6-foot-7 defendant, accused of murdering three young sex workers in 2009 and 2010, pleaded innocent to the charges following his shocking arrest in the blockbuster prosecution. He is the prime suspect in a fourth slaying as well.
A lawyer for the accused killer said after Heuermann’s Aug. 1 court date that his client insisted on his innocence in the case and was adamant about fighting the charges.
The defendant, who remains behind bars, appeared for that court appearance in handcuffs with a chain around his ankles.