Whether or not or not legislation enforcement shocked Rex Heuermann after they arrested the architect outdoors his midtown Manhattan workplace for murdering the “Gilgo 4”, Suffolk County prosecutors’ software to maintain the alleged “Lengthy Island Serial Killer” behind bars with out bail tells a damning and compelling narrative of the beachside homicides. Known as the “Manorville Butcher” and “Craigslist Ripper” within the media, a Suffolk County Grand Jury indicted Heuermann, a resident of Massapequa, on three counts of each First and Second Diploma Homicide for the deaths of Melissa Barthelemy on or about July 10, 2009, Megan Waterman on or about June 6, 2010, and Amber Costello on or about September 2, 2010. Though Suffolk County District Legal professional Raymond A. Tierney has not charged Heuermann with the homicide of Maureen Brainard-Barnes, or different murders some imagine are tied to Heuermann, his software to have Heuermann remanded, or held with out bail, made it clear that their investigation into Brainard-Barne’s dying “is constant and is anticipated to be resolved quickly.”
The next is a quick examination of the joint investigation by county, state, and federal legislation enforcement, the proof and strategies pursued to safe it, and the crimes and penalty Heuermann faces. As we study extra and discover out what, if something, search warrants at Heuermann’s residence reveal, there could also be many extra questions requested, however hopefully extra answered as effectively.
The Investigation: Figuring out a Suspect & Catching a Goal
Based on the bail software, in January 2022, Suffolk County prosecutors teamed up with the Suffolk County Police and Sherriff’s Workplace, New York State Police, and the FBI to establish and apprehend the “Gilgo 4” killer after years of no success. Upon analyzing the proof they needed to date, together with the burlap wraps and duct tape used on the ladies, together with the issuance and overview of over 300 subpoenas, search warrants, eyewitness accounts, and different proof, legislation enforcement apprehended the person they imagine dedicated atrocities in opposition to harmless ladies and preyed on residents of Lengthy Island.
First-Era Chevrolet Avalanche: A Place to Begin
Based mostly on a witness report of a Chevrolet Avalanche believed to have been pushed by the one that kidnapped Costello, legislation enforcement tried to establish who may personal such a car. Although not scientific, this crucial piece of proof set the stage for far more to come back. With this data in hand, on March 14, 2022, legislation enforcement realized that Heuermann had a first-generation Avalanche registered to him on the time of the murders.
Cell Web site Info & Cell Telephone Billing Information
Although not capable of immediately tie cellphone calls and texts between the victims and Heuermann to the now jailed defendant, the data retrieved throughout this stage within the investigation was tremendously useful in circumstantially tying Heuermann to the crimes earlier than securing the DNA proof that may little question be the middle piece of prosecutors’ case. Extra particularly, cellphone name and textual content historical past, in addition to cell website location data, or CSLI, helped legislation enforcement establish places and instances calls have been made to and from the events to assist corroborate their leads and open new investigatory avenues. As mirrored on this case and investigation, the worth of CSLI can’t be understated. Although not figuring out a reasonably precise coordinate of a cellphone’s utilization comparable to with GPS, CSLI can provide an approximate location of when and the place a cellphone was utilized by triangulating the information with a number of towers.
Right here, of crucial import, cell website data circumstantially ties telephones’ usages close to Heuermann’s workplace in Manhattan and his residence on Lengthy Island, together with the sufferer’s telephones.
Brainard-Barnes: Cell Telephone Proof
Within the days resulting in her disappearance, there have been sixteen interactions between Heuermann’s burner cellphone and Brainard-Barne’s cell, the final of which was in Manhattan close to the 59th Avenue Bridge. Days after her disappearance, two outbound calls have been constructed from her cellphone to test voice mail from a cell website close to the Lengthy Island Expressway in Islandia.
Barthelemy: Cell Telephone Proof
Within the days main as much as and together with July 10, 2009 when Barthelemy was final seen, a burner cellphone contacted her no less than 4 instances. Cell website data mirrored that this cellphone went from Massapequa Park, close to the place Heuermann lived, and Midtown Manhattan earlier than returning to Massapequa. Beginning the next day, further calls have been constructed from Massqpequa, Freeport, and Babylon. On a number of events days later, taunting calls and admissions to sexually assaulting and killing Barthelemy have been constructed from her cellphone to relations. Based mostly on cell website data, these calls have been constructed from Midtown Manhattan.
Waterman: Cell Telephone Proof
On June 5, 2010, and the following day when Waterman was final seen alive at a Vacation Inn in Hauppauge, a burner cellphone, activated that day, contacted her cellphone. Waterman was captured on video leaving the lodge across the identical time the burner cellphone made contact. Although the burner cellphone had no extra exercise after this name, cell website data revealed that Waterman’s cellphone traveled to Massapequa Park within the neighborhood of Heuermann’s residence.
Costello: Cell Telephone Proof
On the day earlier than and when Costello was final seen alive, a burner cellphone made contact together with her cellphone. Cell website data indicated that the towers that related with the burner cellphone have been in West Amityville and Massapequa Park. The cellphone proceeded to maneuver to the neighborhood of Costello’s residence in West Babylon.
Based on a witness, on or about September 1st or 2nd, a prostitution shopper, or “John”, went to her residence and a buddy, pretending to be Costello’s boyfriend, acted as if he was enraged on this shock go to by a person for intercourse in an effort to get cash from the “John” earlier than scaring him away. Witnesses described this individual as 6’4” to six’6”, mid 40s, and with darkish bushy hair – all in keeping with Heuermann’s look. Moreover, this individual parked a first-generation Chevrolet Avalanche in her driveway. After leaving, the burner cellphone despatched a message to Costello in substance saying what occurred was not good and he needed a credit score. This message was despatched from Massapequa Park.
The next day on September 2, 2010, the burner cell reached out from Midtown Manhattan earlier than travelling once more to Massapequa Park, close to Costello’s residence in West Babylon. Although she left the cellphone behind, a witnesses noticed a darkish coloured truck cross the house coming from the place Costello walked.
Heuermann’s Spouse: Cell Telephone Proof
Based mostly on both cellphone and/or journey data, on the time of Barthelemy, Waterman, and Costello’s disappearances, Heuermann’s spouse was both overseas or out of the state.
This proof corroborates that Heuermann had the chance to perpetrate his alleged crimes.
Heuermann: Cell Telephone Proof
Although cell website data don’t exist for all legislation enforcement’s queries, billing data, together with American Specific statements, point out that Heuermann was in the identical common places because the burner telephones used to contact Barthelemy, Waterman, and Costello, together with each Barthelemy and Brainard-Barnes’ cellphones on the time and place they have been used to entry their respective voicemail and make the purported tormenting calls. The Suffolk County District Legal professional’s Workplace bail software illustrated quite a few examples corroborating these instances and places.
Heuermann: Publish-Disappearance Cell Telephone, E mail & On-line Proof
Just like the burner telephones used years earlier, cell website data for telephones related to Heuermann’s burner telephones, faux e-mail accounts, and a Tinder profile from 2022 indicated utilization within the Midtown Manhattan and Massapequa Park areas. Extra particularly, the cellphones routinely utilized the mobile towers close to his residence and New York Metropolis Workplace.
Additional investigation revealed {that a} specific e-mail account made 1000’s of searches associated to intercourse employees, baby pornography, and torture. A few of these queries included, “fairly lady bruised face porn”, “tied up and raped porn”, “Woman with face beat up”, “Chubby 10 yr outdated lady crying” and different objectively disturbing searches. Arguably extra damning, between March 2022 and June 2023, this e-mail remodeled two-hundred searches associated to every of the ladies together with, “why might legislation enforcement not hint the calls made by the lengthy island serial killer”, “why hasn’t the lengthy island serial killer been caught”, and the names of a number of the ladies and their kinfolk. Heuermann allegedly even looked for data on the duty pressure investigating him. Moreover, legislation enforcement obtained footage from Could of 2023 of Heuermann buying further minutes for one of many telephones.
Armed with this data, legislation enforcement additionally obtained he IP data for the e-mail account that in the end led again to Heuermann’s residence in addition to the IP accessing GilgoNews.Com, a Suffolk County Police Division’s web site that posted details about the investigation.
Strands of Hair & DNA: Heuermann’s Spouse
Though not appropriate for DNA testing on the time a possible suspect’s hair was recovered on Barnes, Waterman, and Costello, someday after July 22, forensic evaluation revealed that a few of these hairs belonged to a feminine in mitochondrial haplogroup K1c2. Equally vital, the hairs didn’t belong to any of the victims.
In an effort to establish or match the DNA, detectives retrieved eleven bottles from Heuermann’s trash outdoors his residence. The DNA profile generated from swabs from these bottles revealed that an individual who drank from them belonged to mitochondrial haplogroup K1c2 – the identical because the hairs recovered from the victims. This discovering was confirmed by a second forensic laboratory. The second examination decided that the DNA recovered from the bottles and that of the hair on the victims was the identical mitochondrial DNA profiles “in any respect in contrast positions frequent to and between samples” excluding 99.69% to 99.98% of the North American inhabitants.
As a result of Heuermann’s spouse was away throughout the murders, it was theorized that the devices used to commit or cowl up the crimes – burlap sack and tape – got here from Heuermann’s residence.
Extra Hair & DNA: Heuermann & Pizza
Along with the feminine hair, legislation enforcement additionally collected hair tangled within the burlap wrap used to cowl Waterman. When despatched out for additional evaluation, it was decided that the hair belonged to a male in mitochondrial haplogroup V7a. In an try to match the DNA to Heuermann, legislation enforcement surveilled him and retrieved a pizza field from the rubbish outdoors his workplace. Armed with a swab from the pizza crust, the forensic lab decided that the hair recovered from the burlap had the identical mitochondrial DNA profile as Heuermann and will exclude 99.96% of the North American inhabitants.
Whereas all of the proof above is usually circumstantial even when a few of it’s scientific and fairly robust, prosecutors now had what they wanted – direct and overwhelming proof attempting Heuermann to the murders of no less than three of the “Gilgo 4”.
The Crimes: First & Second Diploma Homicide
Though there are numerous subsections of every crime, the Suffolk County Grand Jury indicted Heuermann for violating Penal Legislation 125.27(1)(a)(xi), First Diploma Homicide, and Penal Legislation 125.25(1), Second Diploma Homicide. Although a Grand Jury will not be tasked with discovering proof past an affordable doubt, they need to discover that there’s cheap trigger to imagine that an accused dedicated a selected felony. It is just a trial the place prosecutors should set up this increased burden of proof.
New York Penal Legislation 125.27(1)(a)(xi)
To ensure that a jury to search out Heuermann responsible of Homicide within the First Diploma, the District Legal professional’s Workplace should show that Heuermann supposed to trigger the dying of every of the ladies and in reality brought about their deaths. Moreover, this subsection requires that he brought about the dying of two or extra further individuals withing New York State in separate occasions or transactions inside a timeframe of two years and did so pursuant to a standard scheme or plan.
Within the occasion a jury finds that every of the weather weren’t met, for instance, solely discovering that the prosecution proved one homicide past an affordable doubt or that there was not a standard scheme or plan, prosecutors might nonetheless safe a conviction for Homicide within the Second Diploma.
New York Penal Legislation 125.25(1)
A far simpler crime to show with out the wanted proof of further murders or a standard scheme or plan, a jury should solely discover that Heuermann supposed to kill or trigger the dying of one of many ladies and in reality took no less than one in all their lives.
Potential Sentence
Each class A-1 violent felonies, simply because the statutes have considerably totally different parts, their potential punishment additionally differ. Whereas the legislation mandates a compulsory minimal of fifteen years incarceration and as much as twenty-five years to life for Second Diploma Homicide, First Diploma Homicide permits for all times with out parole. In different phrases, an individual convicted of the previous offense might someday be paroled, whereas the latter crime doesn’t permit a parole board to weigh this risk. That mentioned, although New York State doesn’t have the dying penalty, even when Heuermann is acquitted of Homicide within the First Diploma, a decide might “stack” the convictions with consecutive sentences thereby giving Heuermann the practical equal of life with out parole.
What Comes Subsequent
With Heuermann again in courtroom on August 1, 2023, and prosecutors reviewing proof retrieved from Heuermann residence after detectives executed a search warrant at his residence, the case is much from over. Will the indictment be outdated so as to add Brainard-Barne or different potential victims? From District Legal professional Tierney’s feedback, it appears fairly potential. Will Heuermann take a plea or train his proper to a trial figuring out {that a} conviction for any one in all these prices might imply life in jail attributable to his age?
No matter occurs, there’s little doubt there are households and communities that hope this arrest, and potential conviction, will present some deserved closure even when it doesn’t reply questions on different unsolved murders which have washed up upon on Lengthy Island’s shores that Heuermann could, or could not, have perpetrated.
Jeremy Saland is a New York prison protection lawyer and former Manhattan prosecutor.
