Why lawyers for accused Gilgo Beach serial killer Rex Heuermann are demanding FBI files ahead of trial
Suspected Gilgo Beach serial killer Rex Heuermann’s lawyer on Wednesday demanded a trove of FBI files be turned over ahead of his looming trial — specifically any tied to the disgraced ex-Suffolk County police chief accused of botching the decades-long murder investigation.
Heuermann, who is charged in the slayings of four women found buried in Long Island over a decade ago, returned to Suffolk County Supreme Court for a status hearing Wednesday as his attorney called for the additional investigative materials to be submitted to the defense.
Michael Brown, the defense attorney, said the extra files were needed because then-Suffolk County police chief James Burke allegedly suppressed the investigation and stonewalled the feds.
“The Suffolk County Police Department, especially with Chief James Burke in charge, and the FBI were butting heads,” Brown told reporters after the court appearance.
“And, to some extent, I think Chief Burke was suppressing the investigation and wouldn’t allow the FBI to participate in it with their expertise,” he claimed.
“What we are looking for, in particular, are the FBI documents and notes in regard to what they were investigating in regards to Chief Burke. So that’s what we’re asking for.”
Burke has long been dogged by claims he oversaw a bare-bones investigation into the Gilgo Beach case — allegedly blocking out the FBI and other agencies who were probing the gruesome discovery of 11 bodies along the Long Island shore in 2010.
Separately, the disgraced chief served a federal prison stint in 2016 for beating up a crook who stole his dildo and porn stash and last year was picked up for allegedly soliciting sex in a Long Island park.
Suffolk County District Attorney Ray Tierney argued that much of the defense’s request would have to be taken up with the feds.
“I don’t control the FBI. The only thing that I can control is the documents in my possession, which we will certainly provide to the defense,” Tierney said.
“Over and beyond that, what he’s seeking, he’s going to have to take that up with the FBI.”
Prosecutors disclosed Wednesday they had turned over thousands of pages of discovery since their last status conference in February — including 388 new leads in the investigation, DNA lab reports and data from 422 digital devices seized from the accused killer’s home and office.
Judge Timothy Mazzie called for all discovery to be turned over by the end of July so the trial can get underway.
Heuermann’s attorney stressed his client, too, wanted the trial to kick off as soon as possible.
“He wants to get to a trial. He maintains from the beginning he is not the guy. He has said that over and over,” Brown said.
Heuermann, who was joined in court Wednesday by his estranged wife Asa Ellerup, is scheduled to appear in court next on June 18.
Ellerup, who filed for divorce just days after her hubby’s July 2023 arrest, refused to comment after the hearing.
Her appearance came just weeks after she insisted Heuermann was “not capable” of carrying out the murders and that she was giving him “the benefit of the doubt.”
Heuermann was initially charged with the slayings of Melissa Barthelemy, Megan Waterman and Amber Costello. He was then indicted in January for the murder of Maureen Brainard-Barnes.
The bodies of the women — dubbed the “Gilgo Four” — were among the slew of victims found buried close to each on a remote stretch of Gilgo Beach back in 2010.
Prosecutors have alleged Heuermann’s DNA from a discarded pizza, as well as well burner phone evidence, has tied him to the decades-old slayings.
He has pleaded not guilty.
