In a motion filed Wednesday, Heuermann argued he should be tried for the murders of Melissa Barthelemy, Amber Costello and Megan Waterman and then put on trial again for other murders.
Thursday, January 23, 2025 2:06AM
The motion says trying them altogether risks a cumulative effect of the evidence.
SUFFOLK COUNTY, Long Island (WABC) — Alleged Gilgo Beach serial killer Rex Heuermann is seeking to be tried separately for different murders.
In a motion filed Wednesday, Heuermann argued he should be tried for the murders of Melissa Barthelemy, Amber Costello and Megan Waterman and then put on trial again for other murders.
Defense attorney Sabato Caponi said the murders of Maureen Brainard-Barnes, Jessica Taylor, Valerie Mack and Sandra Costilla “are temporally separated by years from one another and from the three murders” Heuermann was first charged with committing. He has pleaded not guilty to all charges.
Trying Heuermann for all the killings at once “risks an improper conviction based impermissibly on the cumulative effect of the evidence,” Caponi wrote.
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“Consequently, a trial encompassing all 10 counts would unjustifiably create a strong risk that the jury will be unable to segregate the evidence by its separate and distinct relevance to each individual incident.”
There was no comment from Suffolk County District Attorney Ray Tierney, whose office planned to respond in court papers.
The defense said the case lacks a “unique and consistent” method since some of the victims were mutilated and dismembered and others were not.
Prosecutors have alleged Heuermann followed a planning document he kept on a computer that kept track of torture, mutilation and dismemberment methods, tools required and dumping sites for bodies.
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In a motion filed Wednesday, Heuermann argued he should be tried for the murders of Melissa Barthelemy, Amber Costello and Megan Waterman and then put on trial again for other murders.
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