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Judge rules DNA evidence admissible in Gilgo Beach serial killer case

In a Frye hearing ruling delivered by Judge Timothy Mazzei, nuclear DNA results and expert testimony related to them have been deemed admissible in court.

Sep 3, 2025, 10:12 AM

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A Suffolk County judge made a pivotal decision in the case against Rex Heuermann, the man accused in the Gilgo Beach serial killings. DNA evidence recovered from several victims will be allowed at trial, marking a major development in the high-profile case.

In a Frye hearing ruling delivered by Judge Timothy Mazzei, nuclear DNA results and expert testimony related to them have been deemed admissible in court. The evidence stems from rootless hairs found on or near six of Heuermann’s alleged victims: Maureen Brainard-Barnes, Megan Waterman, Amber Costello, Sandra Costilla, Jessica Taylor and Valerie Mack.

According to court documents, a total of nine hairs were recovered. Prosecutors argue that these samples link Heuermann, a Massapequa Park resident, to the crimes. He is also accused of killing Melissa Barthelemy.

“We won,” said Suffolk County District Attorney Ray Tierney, calling the decision a victory for the prosecution. “The science was on our side.”

The defense, however, expressed disappointment. Michael Brown, Heuermann’s attorney, had argued to keep the DNA evidence out.

“We wanted to preclude that evidence,” Brown said, “but the fact that it is going to come in we will attack it during the course of the trial.”

Heuermann reportedly showed no reaction in the courtroom. His attorney later confirmed that while calm in public, his client was disheartened by the outcome. “He was disappointed. He sat through the hearing just like all of you folks,” Brown noted.

The Frye hearing began in March, with notable attendees, including Heuermann’s ex-wife, Asa Ellerup. Her and her daughters’ hairs were reportedly among those found on the victims. Ellerup, who was present again for Wednesday's decision, declined to express concern when asked by reporters.

Family members of several victims were also in court and stood alongside Tierney after the ruling.

No plea deal is currently being discussed, according to the defense attorney. Heuermann continues to maintain his innocence and has entered a not guilty plea.

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