Gilgo Beach LISK Serial Killer, Rex Heuermann, charged with 3 murders, July 2023 #7

[imstilla.grandma]

"They're constantly … having to reevaluate what is happening to them, almost in real-time," said Mitev. "Obviously, the deplorable conditions that their house was left in — torn apart from the floorboards to the shingles, basically, is their paramount concern."

Mitev added the children are also "trying to regain some basic sense of normalcy, which is completely impossible at this point. They're living in a surreal, waking horror show."

Mitev characterized Victoria and Christopher, who has developmental disabilities, as "bystanders who are caught up in this developing legal case of the century."

He said he was hired to protect "their rights and liberties," especially since the investigation is "now heating up

Long Island Serial Killer Suspect's Kids Living in 'Waking Horror Show,' Attorney Says

'They're constantly … having to reevaluate what is happening to them, almost in real-time,' said lawyer Vess Mitev

themessenger.com

 

[Betty P]

Gilgo Beach serial killings: FBI tracking lead to Alabama over 'Peaches' tattoo

The FBI is tracking a lead in the Long Island, New York, Gilgo Beach serial killing case to Mobile, Alabama, seeking relatives of a deceased man linked to a victim known as “Peaches.”

www.foxnews.com

Sounds like he might be the common genetic ancestor who links Peaches to others in her family.

 

[Arkay]

Well, the house belongs to AE. I think before the community does anything, they should check with her.

But I agree that she deserves support however she wants it. Maybe she wants the house more or less as it was- but with a roof that looks more water tight and the porch screened again. I bet she wants her impressive vegetable garden back. Maybe she wants the funds to relocate somewhere rural or urban, or move to Iceland. Whatever- on her terms.

MOO

Well-stated.

I worry for her adult children. Victoria worked with her father, so is she going to continue working for that company?

Also, though Iceland is home for AE, it would be, IMO, a very abrupt change for her children, particularly for Christopher with his developmental disabilities.

Perhaps it would be wonderful for them, though?

Life for them in the suburbs of Long Island has changed abruptly already. Maybe far away where there is less notoriety would be beneficial? New home, new jobs, maybe Victoria and Christopher already can speak some Icelandic?

Just my speculation.

 

[sds71]

Coysh, in her court papers, requested that if the judge orders the cheek swab, that a member of the defense team be permitted to observe the sample being taken from their client to “ensure that the post-arraignment interaction between the defendant, Rex A. Heuermann, and members of law enforcement does not escalate, intentionally or otherwise, to an impermissible infringement of his constitutional rights.”


A lawyer for suspected Gilgo Beach serial killer Rex A. Heuermann is opposing a prosecution request to take a DNA swab from Heuermann, arguing in newly filed court papers that prosecutors have failed to demonstrate probable cause that Heuermann killed three women.

In the court documents, Haddad said without a direct sample of Heuermann's DNA prosecutors could only reference the pizza crusts and napkins as “purported to be used/touched” by Heuermann.

“The assertions contained the people’s moving papers might be construed as rising to the level of a reasonable suspicion, but that is a far cry from the standard of probable cause required to justify granting the order sought be the people,” wrote Danielle Coysh, an attorney for Heuermann.

Gilgo Beach killings: Suspect Rex Heuermann's defense opposes cheek swab, court filing shows

A lawyer for Rex A. Heuermann is opposing a prosecution request to take a cheek swab from him, arguing that prosecutors have failed to demonstrate probable cause that Heuermann killed three women.

www.newsday.com

 

[FromGermany1]

Well-stated.

I worry for her adult children. Victoria worked with her father, so is she going to continue working for that company?

Also, though Iceland is home for AE, it would be, IMO, a very abrupt change for her children, particularly for Christopher with his developmental disabilities.

Perhaps it would be wonderful for them, though?

Life for them in the suburbs of Long Island has changed abruptly already. Maybe far away where there is less notoriety would be beneficial? New home, new jobs, maybe Victoria and Christopher already can speak some Icelandic?

Just my speculation.

Afaik, AE wasn't born in Iceland but in South Farmingdale/NY. So, Iceland isn't home to her, only a nice place for vacation, I think.

 

[kittythehare]

Coysh, in her court papers, requested that if the judge orders the cheek swab, that a member of the defense team be permitted to observe the sample being taken from their client to “ensure that the post-arraignment interaction between the defendant, Rex A. Heuermann, and members of law enforcement does not escalate, intentionally or otherwise, to an impermissible infringement of his constitutional rights.”


A lawyer for suspected Gilgo Beach serial killer Rex A. Heuermann is opposing a prosecution request to take a DNA swab from Heuermann, arguing in newly filed court papers that prosecutors have failed to demonstrate probable cause that Heuermann killed three women.

In the court documents, Haddad said without a direct sample of Heuermann's DNA prosecutors could only reference the pizza crusts and napkins as “purported to be used/touched” by Heuermann.

“The assertions contained the people’s moving papers might be construed as rising to the level of a reasonable suspicion, but that is a far cry from the standard of probable cause required to justify granting the order sought be the people,” wrote Danielle Coysh, an attorney for Heuermann.

Gilgo Beach killings: Suspect Rex Heuermann's defense opposes cheek swab, court filing shows

A lawyer for Rex A. Heuermann is opposing a prosecution request to take a cheek swab from him, arguing that prosecutors have failed to demonstrate probable cause that Heuermann killed three women.

www.newsday.com

His daughter might oblige with a cheek swab if she was treated with respect.

Also, did they not grab his toothbrushes and personal items when they raided?

They must have a million items that are his and his alone from which they should be able to get super large samples.

 

[iamshadow21]

His daughter might oblige with a cheek swab if she was treated with respect.

Also, did they not grab his toothbrushes and personal items when they raided?

They must have a million items that are his and his alone from which they should be able to get super large samples.

It is of great importance to get a sample DIRECTLY from him, with witnesses. Samples from objects he has used or touched are enough for a warrant, but for the trial moving forward, they need that primary sample. Cheek swab or blood sample.

MOO

 

[Sundog]

His daughter might oblige with a cheek swab if she was treated with respect.

Also, did they not grab his toothbrushes and personal items when they raided?

They must have a million items that are his and his alone from which they should be able to get super large samples.

His daughter has an attorney representing her, and I doubt he would allow LE to meet with her alone or allow her to provide a DNA sample. I think this would be standard attorney-client protocol.

 

[Betty P]

Coysh, in her court papers, requested that if the judge orders the cheek swab, that a member of the defense team be permitted to observe the sample being taken from their client to “ensure that the post-arraignment interaction between the defendant, Rex A. Heuermann, and members of law enforcement does not escalate, intentionally or otherwise, to an impermissible infringement of his constitutional rights.”


A lawyer for suspected Gilgo Beach serial killer Rex A. Heuermann is opposing a prosecution request to take a DNA swab from Heuermann, arguing in newly filed court papers that prosecutors have failed to demonstrate probable cause that Heuermann killed three women.

In the court documents, Haddad said without a direct sample of Heuermann's DNA prosecutors could only reference the pizza crusts and napkins as “purported to be used/touched” by Heuermann.

“The assertions contained the people’s moving papers might be construed as rising to the level of a reasonable suspicion, but that is a far cry from the standard of probable cause required to justify granting the order sought be the people,” wrote Danielle Coysh, an attorney for Heuermann.

Gilgo Beach killings: Suspect Rex Heuermann's defense opposes cheek swab, court filing shows

A lawyer for Rex A. Heuermann is opposing a prosecution request to take a cheek swab from him, arguing that prosecutors have failed to demonstrate probable cause that Heuermann killed three women.

www.newsday.com

Yeah, no it's ok for prosecution to do this. The defense is just going through the motions, hoping to establish some pretense for later appeal, JMO/IANAL.

 

[Betty P]

It is of great importance to get a sample DIRECTLY from him, with witnesses. Samples from objects he has used or touched are enough for a warrant, but for the trial moving forward, they need that primary sample. Cheek swab or blood sample.

MOO

Which leads one to ask "why is the defense team making this point while telling the judge that he doesn't want Rex to give the buccal swab?"

ETA: I've been following some trials the last few years where DNA is a big part of the evidence. Defense attorneys always make these kinds of strange arguments. JMO, it serves 2 purposes: 1. to confuse the public/potential jury pool and 2. to establish some kind of grounds to make an appeal at a later date. JMO

 

[kittythehare]

His daughter has an attorney representing her, and I doubt he would allow LE to meet with her alone or allow her to provide a DNA sample. I think this would be standard attorney-client protocol.

She may well be happy to provide a sample.

 

[ArianeEmory]

“The assertions contained the people’s moving papers might be construed as rising to the level of a reasonable suspicion, but that is a far cry from the standard of probable cause required to justify granting the order sought be the people,” wrote Danielle Coysh, an attorney for Heuermann.

I can’t get past the adwall to the source article, but if this is verbatim text from an attorney, they’d better start running their filings past a copy editor. Prepositions may be short but they’re still important.

 

[Baby baby Jane]

Afaik, AE wasn't born in Iceland but in South Farmingdale/NY. So, Iceland isn't home to her, only a nice place for vacation, I think.

I had wondered why AE Icelandic heritage was even mentioned by LE … do you think it might be that as it’s a very small country population-wise, not that many people with Iceland DNA are in America, and that her hair & it’s unique regional DNA helped ID RH? How many Icelandics on LI? I mean, why mention it unless it’s somehow relevant? She is American, born in USA!?

 

[kittythehare]

It is of great importance to get a sample DIRECTLY from him, with witnesses. Samples from objects he has used or touched are enough for a warrant, but for the trial moving forward, they need that primary sample. Cheek swab or blood sample.

MOO

I think they can proceed without it.

Their other option to compel would be to charge and convict him of a misdemeanor and there must be several already.

DNA | NY CourtHelp

DNA Databank​

Since 2012, any defendant convicted of a misdemeanor or felony must give a DNA sample to be added to the New York State DNA Databank. The defendant will also be required to pay a fee. The court requires the defendant to pay the Databank fee even if the defendant does not need to provide a new DNA sample. See Surcharges and Fees. The police use this database to look for matches to DNA collected from crimes. The DNA Databank is not open to the public.

They can obtain a warrant, surely?

This is an old case, 2009

People v. Regan

The Court of Appeals reversed the decision of the appellate division affirming the judgment of the trial court convicting Defendant of rape in the first degree, holding that Defendant's constitutional right to prompt prosecution under the due process clause of the New York Constitution was...

law.justia.com

In addition to misdemeanors and felonies, all sex offenders are required to give DNA samples to the DNA Databank.

 

[Betty P]

I think they can proceed without it.

Their other option to compel would be to charge and convict him of a misdemeanor and there must be several already.

DNA | NY CourtHelp

DNA Databank​

Since 2012, any defendant convicted of a misdemeanor or felony must give a DNA sample to be added to the New York State DNA Databank. The defendant will also be required to pay a fee. The court requires the defendant to pay the Databank fee even if the defendant does not need to provide a new DNA sample. See Surcharges and Fees. The police use this database to look for matches to DNA collected from crimes. The DNA Databank is not open to the public.

They can obtain a warrant, surely?

This is an old case, 2009

People v. Regan

The Court of Appeals reversed the decision of the appellate division affirming the judgment of the trial court convicting Defendant of rape in the first degree, holding that Defendant's constitutional right to prompt prosecution under the due process clause of the New York Constitution was...

law.justia.com

In addition to misdemeanors and felonies, all sex offenders are required to give DNA samples to the DNA Databank.

They'll find a way and they'll make sure the process and chain of custody is clear. JMO

 

[kittythehare]

They'll find a way and they'll make sure the process and chain of custody is clear. JMO

Just going through this

https://www.nycourts.gov/courts/ad1/committees&programs/CLE/Materials%20-%205-17-12.pdf

 

[Sundog]

Maryland v. King

<p>Concerning the Constitutionality of Mandatory DNA Collection Pre-Conviction</p>

epic.org

Some interesting background on the U.S. Supreme Court and taking cheek swabs of arrestees who haven't been convicted.

Also, the article discusses how different states have different laws regarding this issue. A state of Maryland case is given as an example of this in case law. A defendant was forced to give a cheek swab before his trial and appealed after he was found guilty and the Maryland Supreme Court overturned the ruling based on the buccal swab issue. The specific issue was that they used the swab to identify other crimes, not just the one(s) for which the defendant was initially arrested. The Maryland v King is an interesting case to read, imo, in ight of what is going on with the RH situation.

Many legal experts question the constitutionality of taking a cheeck swab while a person is still presumed innocent.

Maryland v. King

<p>Concerning the Constitutionality of Mandatory DNA Collection Pre-Conviction</p>

epic.org

edited for spelling

 

[Sundog]

I had wondered why AE Icelandic heritage was even mentioned by LE … do you think it might be that as it’s a very small country population-wise, not that many people with Iceland DNA are in America, and that her hair & it’s unique regional DNA helped ID RH? How many Icelandics on LI? I mean, why mention it unless it’s somehow relevant? She is American, born in USA!?

I think the only reason LE mentioned AE's Islandic background is because the evidence they have collected shows that the dates of the crimes correlate to dates when AE and children were either out of the country, visiting Iceland; or out of state on vacation.

edited by me

 

[margarita25]

how can they suddenly be identifying all the victims? omigod this is so weird..what if it's from evidence found in the house or something?

I think it has to do with the advancement of DNA technology & genetic genealogy/familial DNA:

“In 2022, the Suffolk County Police Department in collaboration with the FBI teamed with Othram to determine if advanced DNA testing could help to identify Fire Island Jane Doe. Forensic evidence was sent to Othram’s laboratory in The Woodlands, Texas. Othram scientists developed a suitable DNA extract from the forensic evidence and then used Forensic-Grade Genome Sequencing® to build a comprehensive genealogical profile. After successfully completing the process, the DNA profile was delivered to the FBI's forensic genetic genealogy team and the FBI team performed the necessary work to generate investigative leads.

The FBI team working with Suffolk County Police Department continued the investigation and were eventually able to confirmed the identity of Fire Island Jane Doe as Karen Vergata of Manhattan, New York. Vergata was 34 years old at the time of her death. Vergata was missing since Valentine's Day in 1996.”

After 26 years, Fire Island Jane Doe is Identified

Suffolk County Police Department and the FBI Team with Othram to Identify a 1996 Gilgo Beach Murder Victim

dnasolves.com

 

[Sundog]

Afaik, AE wasn't born in Iceland but in South Farmingdale/NY. So, Iceland isn't home to her, only a nice place for vacation, I think.

I thought I read early on that AE and her sister emigrated to the United States as children with their parents.

Nonetheless, I agree that Iceland would not be home to her as she grew up in the U.S. Also, Iceland has a very low population and her husband's infamy would likely follow her there. She may actually have more privacy here in the U.S.