Gilgo Beach killings suspect, Rex Heuermann, has filed a court petition in an attempt to regain ownership of over 280 firearms that were confiscated from his residence in July. He intends to sell these firearms to provide financial aid for his family during his incarceration. According to his defense attorney, Sabato Caponi, these firearms hold substantial monetary worth and can offer a much-needed temporary relief from the financial burdens faced by the Heuermann family. The motion was submitted on Thursday.
The motion argues that the firearms were unlawfully confiscated in July during a search conducted by Suffolk County police, which the motion describes as excessively destructive and careless.
Given that Rex Heuermann is currently in custody and his pistol license has been temporarily revoked, the motion requests the court to authorize the return of the seized firearms to either an individual or a licensed gun dealer designated by Rex Heuermann, who is legally eligible to possess such items.
Heuermann, a 59-year-old architectural consultant residing in Massapequa Park in Nassau County with his family, has been incarcerated ever since his apprehension in July on three counts of murder. He has pleaded not guilty to the alleged homicides of Melissa Barthelemy in 2009 and Megan Waterman and Amber Costello in 2010.
Rex Heuermann, accompanied by his lawyer Michael J. Brown, stands alongside at Suffolk County Court in Riverhead, N.Y., on Wednesday, September 27, 2023. Heuermann, who was indicted the previous month for the murders of three women, is also the leading suspect in a fourth case.
Rex Heuermann, the prime suspect in the death of Maureen Brainard-Barnes, one of the victims known as the "Gilgo Four," is currently reviewing evidence in his cell. The case revolves around the discovery of almost a dozen sets of human remains found along Long Island's South Shore between 2010 and 2011. The four victims, Barthelemy, Waterman, Costello, and Brainard-Barnes, were buried close together near Ocean Parkway in Gilgo Beach.
Suffolk County District Attorney Ray Tierney has stated that the women's cause of death was determined to be "homicidal violence," effectively ruling out the involvement of a firearm. In response to a prosecution motion seeking permission to transfer Heuermann's guns and other firearm materials to the Nassau County Police Department, the defense has filed a counter-motion.
The prosecution filed a motion in early September, seeking the transfer of the seized firearms, magazines, cases, attachments, ammunition, bullet fragments, and shell casings. Their analysis has concluded, and they have determined that certain items may have violated New York State gun laws.
The motion outlines a comprehensive inventory of the weapons cache spanning approximately 35 pages. The inventory comprises various assault rifles, pistols, and shotguns, along with several antique firearms, as detailed in the document.
The defense asserts that the court does not possess the jurisdiction to transfer the aforementioned items to Nassau police, as there has been no formal request for such property from the relevant court, as stipulated. Additionally, they contend that there is currently no ongoing legal matter in Nassau County pertaining to the confiscated guns and ammunition, which is also a prerequisite, according to the defense motion.
LONG ISLAND, NY - JULY 14: Rex Heuermann's booking photo, provided by the Suffolk County Sheriff's Office, on July 14, 2023. Heuermann, 59, was charged with three counts of first-degree murder for the killings of Melissa Barthelemy in 2009, and Megan Waterman and Amber Costello the following year, as stated by the Suffolk County District Attorney. He pleaded not guilty to the murders and was ordered to be held without bail by a judge. (Photo by Suffolk County Sheriff's Office via Getty Images)
Suffolk County SheriffÃs Office/Getty Images
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Additionally, the defense invoked a legal precedent in their motion, stating that when property is no longer required as evidence, the government must demonstrate an independent interest to justify any further retention in a suitable proceeding. They also reminded the court that the prosecutors themselves stated that they no longer required the property as evidence.
In a separate matter, Heuermann made a brief appearance in court on Wednesday for a status hearing regarding his upcoming trial. He informed the judge that he had been able to review the evidence pertaining to his case while in his cell, dedicating an average of "two to three" hours for this task.
During the court proceedings, prosecutors presented a substantial amount of information to Heuermanns' legal team in August. This included over 10 terabytes of data, consisting of subpoenas, court records, and approximately 8,000 pages. Furthermore, on Wednesday, prosecutors provided supplemental evidence pertaining to two victims, grand jury testimony, police memo books from the search of his residence, and video surveillance. The next scheduled hearing is on November 15.
Outside the courtroom, Michael Brown, the attorney for Heuermann, stated that his client has been actively involved in the case and is giving his best effort.
"He is innocent of these charges. However, he is currently detained, separated from his family, his spouse, and children. He is unable to work and provide for his family, as he must remain in jail until the resolution of this case," Brown explained.
CNNs Eric Levenson contributed to this report.