Gilgo Beach LISK Serial Killer, Rex Heuermann, charged with 3 murders, July 2023 #9

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I've been looking (way too) deeply into this, and technically, you are correct about this to the best of my research.

But there are a few ways out. These truths do not mean this motion has a chance.

For one thing, the police don't have to release truthful information about their investigation. Maybe they have a GJ witness who saw a man with a gun talking to Amber as she climbed into his car without screaming, for fear of getting shot. It's a baseless theory, but my point is not its merit, but the possibility that something is going on that LE does not yet want the defense to know, at least not until they decide to use that piece of evidence. If the hypothetical evidence they are trying to distract from about a gun pans out as exculpating or both inculpating and going to be used, the defense has to learn about it eventually. But LE could decide the evidence does not exculpate or help them enough to bring it out. So they could want to keep it under wraps until they have to bring it out to use it or to play fair (share exculpating evidence).

Or maybe Suffolk County LE believes what they said about the firearms and the GB-4.

No matter what the truth is, they can easily flip and say, "Never mind, we are still investigating and we need these guns in our custody or with our partners in Nassau."

It does not seem, from lawyers blogs or articles on the subject, that it is going to ever be a winning motion to demand something back that is irrelevant to the investigation, and nearly impossible to get something back that is relevant. So, one thing LE could do if they are still looking into other crimes and haven't charged Rex with them yet, or obtained a warrant, is to simply tell the judge, we're not done with them yet.

But, what if Suffolk County wants to double down on saying that none of the guns were used in the GB-4. Because that is the truth, yet they think a firearm is relevant in another investigation they have not yet admitted to working on? All they have to do is get a new warrant. Don't quite have probable cause yet? Go to plan A, lie.

So LE has all the power to and all of the evidence-seized precedents in court in their favor. All they have to do is 1) say the current investigation is ongoing and they do need the firearms - or 2) get a new warrant.

To help out a little on this. IANAL, but i'm pretty sure that, once LE has arrested a suspect, courts have charged him and they move towards trial, LE cannot lie about evidence, etc.

They can lie to deceive or trick a suspect, but no more once he's arrested.

What they say now about evidence is supposed to be factual. In the case of statements about whether any guns from his collection were used in murders, the DA should be making a general statement. Actually, I was surprised to hear them say that when they hadn't finished examining all the evidence from their searches and when they're still investigating possible links between him and other victims.
 
IMHO, the request for the gun return and the family living in the home without repairing it goes to the idea that assets of this man can be the subject of civil lawsuits filed by the families of those he killed. Any monies put back into the rehabbing of the home will not be recouped if there is a judgment against him and his properties. Additionally, regaining the guns means that they can be sold and used for income for the family rather than remaining part of his assets in any litigation that comes. An attorney working with the family would caution against spending any of the family money on that house. Additionally, if the guns are returned to the home, the family can do whatever they would like with them if he agrees to let them sell them. There are tons of folks out there who will pay nicely for the opportunity to have a serial killers autograph so I wonder what they would pay for a serial killer's gun. Again, JMHO.
 
IMHO, the request for the gun return and the family living in the home without repairing it goes to the idea that assets of this man can be the subject of civil lawsuits filed by the families of those he killed. Any monies put back into the rehabbing of the home will not be recouped if there is a judgment against him and his properties. Additionally, regaining the guns means that they can be sold and used for income for the family rather than remaining part of his assets in any litigation that comes. An attorney working with the family would caution against spending any of the family money on that house. Additionally, if the guns are returned to the home, the family can do whatever they would like with them if he agrees to let them sell them. There are tons of folks out there who will pay nicely for the opportunity to have a serial killers autograph so I wonder what they would pay for a serial killer's gun. Again, JMHO.

IMO, this case is not special. There should not be special handling of the defendant's assets.

LE routinely searches properties and vehicles, and leaves some destruction behind, especially walls and floors if there is reason to believe there is evidence that seeped into them, around them. Vehicles and furniture often get destroyed.

Routinely, bystanders such as room mates, landlords, family members, car rental companies and the like are negatively impacted.

this is one reason that the search has to be approved by the judge.

In addition, you are right that property owned by the defendant, if found liable for damages, could go to the victims of the crime.



If my husband was dealing drugs out of my house and i did not know it, and i was unaware that they used my phone when their battery was allegedly charging to make some connections. A young mom dies of an OD on my husband's product. LE legally searched my house, including looking behind newly painted walls, etc., took all of my electronics and incarcerated my husband.

I'd just have to accept that, as long as the search were warranted, etc. Frankly, if I believed the charges and that someone died, I think it was a small price to pay for having narcotics rules enforced.

thats normal

in that situation, my broken walls would never come before compensating the kid whose mom OD because of my Husband. Do you think I could say, shucks, you know that my husband's valuable coin collection you seized because it looked like cash had nothing to do with his crimes, couldn't I sell that and fix my walls? The authorities would wait until the charges are dismissed or my husband was convicted for good, no more appeals. Then, maybe, they'd hold that coin collection in case the family of the mom who OD sues.


This case is not different from other lawful search cases where other people live with/drive with/rent to the accused. Drain traps dont come before the kids whose moms were allegedly raped, tortured, killed by Rex.

It is unfortunate, so much so that AE is unique in that she received many generous donations. These were gifts that are not at all typical, but Im glad for her because I'm sure they made this search much less painful to her than average.

Asa shouldn't have to compensate murdered victims if she is not at all involved in the crimes. But the person involved in the crimes can't just transfer away his property to someone whose family member he didn't murder just to avoid civil justice.


MOO
 
IMO, this case is not special. There should not be special handling of the defendant's assets.

I don't think the courts will rule on any special handling of the defendant's assets, I am certain that they will follow the law on any claim that is filed by the attorneys and do what is right according to the law, not necessarily what some in the public would like or dislike.
 
...If the hypothetical evidence they are trying to distract from about a gun pans out as exculpating or both inculpating and going to be used, the defense has to learn about it eventually. But LE could decide the evidence does not exculpate or help them enough to bring it out. So they could want to keep it under wraps until they have to bring it out to use it or to play fair (share exculpating evidence).

Model Rules of Professional Conduct Rule 3.8 (Special Responsibilities of a Prosecutor) requires a prosecutor to make "timely disclosure" of exculpatory evidence.

See: https://www.americanbar.org/groups/..._3_8_special_responsibilities_of_a_prosecutor

The following article explains this further, and includes citation to caselaw defining what is considered timely: The Interaction between Rule 3.8(d) and the Constitutional Requirements of Brady and Giglio - National Association of Attorneys General
 
*Apparently Rex did have at least one firearm license:

“In as much as Rex Heuermann remains incarcerated and his pistol license has been temporarily suspended, this court should order the return of the seized property to a person designated by Rex Heuermann, individual or licensed gun dealer, who may legally possess the items,” said Caponi in court papers opposing the transfer, adding that the weapons have “significant financial value.

Prosecutors have said some of the weapons seized by Suffolk police at Heuermann's home may have been possessed in violation of state gun laws and “proper jurisdiction” for potential charges would be in Nassau County.
 
Wonder if RW found some old property and figured out a way to get a tax break on it? speculation, imo.

2012 rbbm
''Besides being a historical curiosity, this forgotten room carries a tangible benefit — a tax break that has saved the Lagos thousands of dollars over the years. They are one of the few remaining beneficiaries of a bill passed by the state’s Legislature in 1961 that provides exemptions for shelters designed “in accordance with plans, regulations and orders of the State Civil Defense Commission.”

No one knows for sure how many personal fallout shelters were installed in the city, but in the 1950s and 1960s many Americans were anxious about civil defense and how to survive nuclear catastrophe.''

''The city’s Finance Department does not inspect or reinspect shelters to determine whether they comply.''


''Francisco and Maria Lago have a historical structure sitting under their Queens home, but they’re only using it to store tools. The moldy 300-square-foot room, which was installed during the height of the Cold War, is the only stand-alone private space in New York that still qualifies as a bomb shelter. The main benefit is that, thanks to a 1961 law, the Lagos have saved thousands on their property taxes over the years, though presumably they’re even less worried than the rest of us about an attack from the Soviets.''
 
*Apparently Rex did have at least one firearm license:

“In as much as Rex Heuermann remains incarcerated and his pistol license has been temporarily suspended, this court should order the return of the seized property to a person designated by Rex Heuermann, individual or licensed gun dealer, who may legally possess the items,” said Caponi in court papers opposing the transfer, adding that the weapons have “significant financial value.

Prosecutors have said some of the weapons seized by Suffolk police at Heuermann's home may have been possessed in violation of state gun laws and “proper jurisdiction” for potential charges would be in Nassau County.
RH isn't going to be getting his gun collection back anytime soon, at least not until after the trial. IMO
 
RH isn't going to be getting his gun collection back anytime soon, at least not until after the trial. IMO
And if he wants them that bad he should try trading for a full confession...

And RH being the guy to go to in order to fix things must surely have considered this a possibility already.

I don't think he really wants them at all.

This appears to be a play in one act for the lawyers pretending they're challenging the police.
It's macabre to my eyes.
 
@MurphyPIX
Appearing in court w/fresh haircut, accused #GilgoBeach serial killer #RexHeuermann tells judge he’s reviewing evidence against him: “I’ve been averaging two to three hours a day.” DA Ray Tierney told court defendant’s cheek swab matched pizza DNA.

@RachelYonkunas


Suspected #GilgoBeach killer Rex Heuermann’s 2nd court appearance just wrapped up in Riverhead. Prosecutors say they turned over 8,000 pages of discovery since the last court date in August and an additional 5,000 pages this morning


Suffolk DA Ray Tierney says DNA from Heuermann’s cheek swab matches the DNA profile from the discarded pizza crust, which is also consistent with the mitochondrial DNA of hair found on the body of one of the #GilgoBeach murder victims.
@News12LI

Heuermann's next court date is Nov. 15.
 

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@MurphyPIX
Appearing in court w/fresh haircut, accused #GilgoBeach serial killer #RexHeuermann tells judge he’s reviewing evidence against him: “I’ve been averaging two to three hours a day.” DA Ray Tierney told court defendant’s cheek swab matched pizza DNA.

@RachelYonkunas


Suspected #GilgoBeach killer Rex Heuermann’s 2nd court appearance just wrapped up in Riverhead. Prosecutors say they turned over 8,000 pages of discovery since the last court date in August and an additional 5,000 pages this morning


Suffolk DA Ray Tierney says DNA from Heuermann’s cheek swab matches the DNA profile from the discarded pizza crust, which is also consistent with the mitochondrial DNA of hair found on the body of one of the #GilgoBeach murder victims.
@News12LI

Heuermann's next court date is Nov. 15.

He sure has a sour, menacing look on his face. Looking much like the kind of killer who is very, very angry that he got caught. Some killers who are arrested collapse and fall apart physically and mentally. Some become withdrawn, lose weight, etc. Some confess. Some become very charming and play innocent in hopes of winning an acquittal. Others get very angry at having been caught and spend all their time plotting and manipulating the court and DA to get acquittal and revenge.
 
He sure has a sour, menacing look on his face. Looking much like the kind of killer who is very, very angry that he got caught. Some killers who are arrested collapse and fall apart physically and mentally. Some become withdrawn, lose weight, etc. Some confess. Some become very charming and play innocent in hopes of winning an acquittal. Others get very angry at having been caught and spend all their time plotting and manipulating the court and DA to get acquittal and revenge.
This caught my eye:

”When Heuermann left the courtroom, he turned and looked at the gallery, and appeared to have a small smile on his face before he walked out”

from the cnn article.
 

Tierney said they are investigating Heuermann's possible role in other deaths outside of those commonly referred to as the "Gilgo Four."

"We said that initially our investigation centered around the Gilgo Four. We were prepared to bring charges out of three of the four victims. We are working on the fourth and now we have expanded our investigation to include other bodies that were recovered in that area. We will speak aout that when and if we are prepared to bring charges," he said.

The reporter in the linked video said the evidence defense received today was 5,000 pages and included 10,000 photos. It included exhibits, grand jury testimony, memos from police officers who searched Rex's house and storage units.iern

Tierny says they will continue to provide discovery and evidence. Next court date is November 15, 2023. Trial date is a long way off. DA says there is still a mountain of discovery that they have to submit.
 
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This caught my eye:

”When Heuermann left the courtroom, he turned and looked at the gallery, and appeared to have a small smile on his face before he walked out”

from the cnn article.

Was his family there? Is he just trying to project an image of being a "nice guy" wrongly accused? Or was it a small smirk?
 
@MurphyPIX
Appearing in court w/fresh haircut, accused #GilgoBeach serial killer #RexHeuermann tells judge he’s reviewing evidence against him: “I’ve been averaging two to three hours a day.” DA Ray Tierney told court defendant’s cheek swab matched pizza DNA.

@RachelYonkunas


Suspected #GilgoBeach killer Rex Heuermann’s 2nd court appearance just wrapped up in Riverhead. Prosecutors say they turned over 8,000 pages of discovery since the last court date in August and an additional 5,000 pages this morning


Suffolk DA Ray Tierney says DNA from Heuermann’s cheek swab matches the DNA profile from the discarded pizza crust, which is also consistent with the mitochondrial DNA of hair found on the body of one of the #GilgoBeach murder victims.
@News12LI

Heuermann's next court date is Nov. 15.
a haircut that just looks like a wig -odd
 
a haircut that just looks like a wig -odd
Wondering if prisoners can request such a haircut?
rbbm

Michael Malaszczyk

1695831701440.png

''Heuermann, handcuffed behind his back this time and with a haircut since his last appearance, spoke in court for the first time today. Judge Mazzei asked Heuermann if he was reviewing court documents as well as how much time he was allowed to spend reviewing them.

“Yes,” Heuermann told the judge. “Up to four hours, I’ve been averaging two or three.”

The prosecution announced that there were two more terabytes of evidence against Heuermann, which consisted of camera footage, search warrants executed, reviews of Heuermann’s online accounts, and more.

Heuermann appeared to glare at the prosecution as they announced this, and unlike his last court date, did
not turn to the gallery as he left the courtroom.''


“My client, unless he is a tremendous actor, he was complete shocked,” Brown said. “Had no idea why he was being taken into custody. The government doesn’t tell you these things, but these things we will bring out in the course of a trial.”
 
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