The DA connected Rex Heuermann to the Gilgo murders with the assistance of his daughter's DNA.

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Rex Heuermann with his attorney Michael Brown as he faced a new murder charge Tuesday in Riverhead. (Courtesy James Carbone / Newsday)

In Riverhead, NY, Rex Heuermann, accused in three Gilgo Beach murders, now faces charges for Maureen Brainard-Barnes's murder, as announced by Suffolk County District Attorney Ray Tierney. The revelation of new DNA evidence on Tuesday played a crucial role in linking Heuermann to all four deaths.

On July 9, 2007, Rex Heuermann was charged with second-degree murder, classified as an A-1 violent felony, in connection to the death of Maureen Brainard-Barnes, as disclosed by District Attorney Ray Tierney.

Heuermann, represented by attorney Michael Brown, entered a plea of not guilty. His next court appearance is scheduled for February 6.

In July, Rex Heuermann from Massapequa Park was indicted on first-degree murder (three counts) and second-degree murder (three counts) charges related to the deaths of sex workers Melissa Barthelemy, Megan Waterman, and Amber Costello. These victims' remains were discovered along Ocean Parkway in 2010. Heuermann pleaded not guilty to these charges as well.

The Gilgo Beach murders, which shook Long Island, involved the discovery of 11 sets of remains, including those of a toddler and an Asian male.

Suffolk County District Attorney Ray Tierney mentioned on Monday that he and the Gilgo Beach Homicide Investigation Task Force would reveal a "significant development" in the case on Tuesday.

Melissa Cann, sister of Maureen Brainard-Barnes, and her daughter Nicolette Brainard-Barnes were present in the courtroom on Tuesday. Asa Ellerup, Heuermann's estranged wife, also appeared.

As per the bail report, Ellerup and the couple's children were out of town on the date Maureen Brainard-Barnes went missing. The DA also noted their absence during the earlier murders.

The bail report indicates that additional burner phones and online activity were linked to Heuermann. These phones revealed communications with sex workers, and a new email account under the fictitious name Andrew Roberts was subscribed to by Heuermann, according to Tierney.

The "Sandbagger" account was active as recently as April 2021, engaging in numerous searches related to "pornography, rape, torture, and sex workers" according to the bail report. Heuermann also searched for information about the Gilgo Beach investigation and the victims' relatives.

Analysis of Heuermann's laptop revealed the use of file shredding software on July 9, 2009, just before his meeting with Barthelemy. Investigators suspect this was an attempt to erase any digital evidence related to the laptop's use in searching for her prostitution advertisement.

Analysis of Heuermann's laptop revealed that on September 1, 2010, at 9:03 p.m., he accessed Amber Costello's Backstage ad. Approximately two hours later, a burner phone linked to Heuermann communicated with Costello's phone, connecting to cell site towers in West Amityville and Massapequa Park. Subsequently, the cellphone traveled to West Babylon, near Costello's home, and had contact with her phone on September 2, 2010, coinciding with witnesses' accounts of his arrival at her residence, according to the report.

The report stated that despite Heuermann's efforts to erase evidence from his laptop, he was unsuccessful in concealing his access to Ms. Costello's Backpage ad.

Suffolk County District Attorney Ray Tierney mentioned that the Suffolk County Crime Lab, along with two external forensic laboratories, conducted tests on hairs recovered from various victims. They specifically compared the DNA profiles from these hairs found at crime scenes to profiles developed from Heuermann and members of his immediate family.

In September, a recent cheek swab from Heuermann matched DNA found on a pizza crust he had disposed of. This crucial evidence played a key role in officials' decision to arrest him.

Members of the Gilgo Beach task force met with Heuermann's wife, Asa Ellerup, and his daughter, Victoria Heuermann, and stepson, Christopher Sheridan, to obtain buccal swabs. These swabs were tested against 11 bottles found in garbage cans in front of Heuermann's home on July 21, 2022, along with a "Monster Java" can, according to the report.

Investigators observed Victoria Heuermann drinking from the can on a Long Island Rail Road train, and they retrieved the can after she discarded it in a trash bin, as mentioned in the bail report.

Throughout the investigation, crucial evidence has involved the discovery of five hairs on the victims, with nuclear DNA testing enhancing the accuracy of results, according to Tierney.

Correct, nuclear DNA is located in the cell nucleus, while mitochondrial DNA is found in the cell cytoplasm. In the case of Brainard-Barnes, the report mentioned that she had been left restrained by three leather belts, one of which was utilized to tie her feet, ankles, and legs together. A female human hair was discovered on the buckle.

The DNA profile from the female hair found on Barnes, recovered from the belt buckle, is reported to be "7.9 trillion times more likely to have originated from a person genetically identical to Asa Ellerup's SNP Genotype file than from an unrelated individual," as stated in the bail report.

The DNA profile generated from the two female hairs found on Megan Waterman, one on her head and the other on tape, indicated significantly high likelihoods of genetic linkage to Asa Ellerup's profile. The first hair was reported as "2.374 x 10 to the 48th power," and the second as "2.778 x 10 to the 480th power" to have come from a person genetically linked to Ellerup's profile rather than an unrelated individual.

Regarding a female hair found on Amber Costello, a one-to-one autosomal nuclear DNA comparison suggested it was "4.654 x 10 to the 63rd power" more likely to have originated from a person genetically linked to Victoria Heuermann's SNP Genotype file than from an unrelated individual. The report notes that Victoria Heuermann would have been about a month shy of her 14th birthday at the time of Costello's disappearance and murder.

Two forensic labs independently concluded that the female hairs recovered from Waterman and Costello are genetically identical to the SNP Genotype files of Heuermann's family members, specifically Asa Ellerup and Victoria Heuermann, as stated in the report. The fact that Ellerup and Victoria Heuermann were away and out of state during the murders further supports the claim that Rex A. Heuermann committed the murders, restrained the victims, and transported their remains to Gilgo Beach until their discovery in December 2010, according to the report. Additionally, a male hair found on Waterman was also linked to Heuermann.

Robert Macedonio, representing Asa Ellerup and the family, stated to the media after the court proceeding that the bail report "makes clear that Asa Ellerup and her children were not involved, or even in the jurisdiction when these murders took place." He emphasized that the murders occurred when Ellerup and her children were out of state, and since Heuermann's arrest on July 13, they were unaware of the alleged life that may have existed. Macedonio reiterated that Ellerup has no involvement in the case and has consistently maintained her innocence.

Michael Brown, Heuermann's attorney, spoke to the media, mentioning that he had just received information about the new charge and didn't have much detail yet. Brown stated, "We entered a not guilty plea," and emphasized that Heuermann has maintained his innocence since Day 1, expressing his client's readiness to fight the charges.

In response to questions about Heuermann's reaction to the link between the hairs found on the victims and his wife and daughter's DNA, Michael Brown stated, "All along we have been told that the evidence is unsuitable for nuclear DNA testing. This morning was the first time in these 13-plus years that, miraculously, nuclear DNA testing and results have come forward."

Brown mentioned that mitochondrial DNA testing revealed statistics that were not particularly convincing. He explained that the initial mitochondrial testing claimed to be his wife was "28 out of 10,000," which could have the same DNA results for 28 people. Another hair indicated "4 out of 10,000" with similar results. Brown concluded that this information simply suggests she is not excluded, and 28 people could share the same DNA.

Michael Brown expressed intent to scrutinize the lab reports, testing procedures, and evidence transfer. He found it unsettling that nuclear DNA testing, purportedly unsuitable for over 13 years, surfaced now. Brown raised concerns about the burner phones, highlighting the vast number of people in areas like Massapequa Park and New York City using cell sites. He emphasized that his client had been under surveillance for a year and a half, asserting that any suspicious activity would have been brought to light during that period.

Michael Brown mentioned that during Heuermann's arrest, there were videos capturing the conversation. He described his client as bewildered and stunned, stating that Heuermann had no idea he was about to be arrested.

Michael Brown reiterated that during the year and a half of surveillance, there was nothing suspicious in Heuermann's activities. He also emphasized that the guns Heuermann possessed were legal, with only a few exceptions that were not registered due to being antique collectibles.

Michael Brown asserted that there's no indication the guns were used in any crime, questioning the motive behind publicizing this information other than potentially prejudicing the jury. Regarding Heuermann's computer searches, Brown urged people to consider their own internet searches and refrained from commenting on whether Heuermann patronized sex workers. He emphasized that engaging with sex workers doesn't make someone a killer.

Michael Brown, asked about Heuermann's well-being, mentioned, "You're talking about a gentleman who has never been arrested before. He's claiming he didn't do this. Obviously, it's troubling, and he's dealing with it one day at a time, but he's looking forward to having his day in court."

Brown acknowledged over 1,000 leads and suspects in the case. Regarding the trial's location, he expressed a "good likelihood" of submitting a motion for a new venue but also expressed confidence in the people of Long Island. He noted the challenge of finding a location unaffected by the widespread information available on the internet about the case.

District Attorney Ray Tierney addressed the new charge, expressing gratitude to all involved in the investigation. He mentioned that the timing "didn't work out" for a first-degree murder charge, explaining that to be charged with first-degree murder, three murders would have had to be committed in a 24-month period.

District Attorney Ray Tierney noted that the new indictment marks a shift in the investigation, signaling the conclusion of the grand jury investigation related to the so-called Gilgo Four. He clarified that the same grand jury would persist in investigating other murders, emphasizing that it would be a "comprehensive" inquiry. Tierney discussed the review of laptops, smartphones, and tablets in the investigation, along with applications used to "wipe" data and erase evidence.

District Attorney Ray Tierney highlighted the significant change in the investigation, pointing to the new DNA evidence involving the five hairs. He noted that nuclear DNA has now been determined for all hairs, whereas at the first arraignment, only mitochondrial DNA for three hairs was discussed. Tierney emphasized the importance of these DNA results, stating, "Nuclear DNA is much more discriminate," and expressed that the advancement in science is a positive development for justice and the investigation.

District Attorney Ray Tierney explained that the SNP technology used for DNA results from hair is "cutting edge" and scientifically accepted in the medical and forensic community. He highlighted the technology's capability to differentiate between Victoria Heuermann and Asa Ellerup hairs. Moving forward, Tierney stated that the second phase would involve the prosecution of the four cases.

Regarding the delay in Maureen Brainard-Barnes' case, Tierney mentioned they were waiting for the nuclear DNA result. He emphasized that the new charge holds significance as it provides a small measure of closure to the families, reassuring them that the case was focused in the right direction with the victims in mind.

Gloria Allred, attorney for the families, along with Melissa Cann, Maureen Brainard-Barnes' sister, and Nicolette, Brainard-Barnes' daughter, spoke. Nicolette, who was just 7 years old when her mother was murdered, is now 24.

Gloria Allred emphasized the importance of affording sex workers access to justice, stating that the failure to do so sends a message to those who victimize them that they may not face consequences. She highlighted the need for justice in 2024, especially for vulnerable women who are missing and murdered.

Nicolette Brainard-Barnes, who has never done an interview before, was described as brave by Allred, considering the heartbreaking nature of the situation. Nicolette expressed a poignant wish for her mother's presence today, stating, "I wish she was here today — but she was taken from us."




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