TRANSCRIPTION OF PRESS CONFERENCE
ROBERT MACEDONIO: Good afternoon everybody, thank you for coming out. I'm Bob Macedonio, I'm the attorney representing Asa Ellerup. As you're all aware, she's the wife of the Gilgo Beach serial killer suspect. On her behalf, she wanted me to express her thanks for the enormous outpouring of support that she's received the past several weeks. Um, we've gotten gift cards, care packages, food's been delivered to her house, um, there's also been a [G.F.M.] page that's been set up on her behalf, which I'd like to clarify some of the issues with that.
The [G.F.M.] page that's been set up is 100% for the benefit of Asa and her children. This law firm or any associations of us -- we take no funds from that. She will receive 100% of the funds from that. Uh, the [G.F.M.] page was set up by Melissa Moore, who is the daughter of the serial killer -- the Happy Face Killer -- who in the late '90s was convicted of killing at least five sex workers in the Midwest. She was 16 years old when her father was arrested. She reached out immediately to myself and we put her in contact with Asa and they have started the [G.F.M.] page. Um, like I said, 100% of the proceeds from that [G.F.M.] goes to Asa.
At this time Asa has authorized me to relay to everybody that the past several years she has been suffering from cancer -- she has breast cancer. She also has skin cancer. She's presently under a course of treatment that's going to continue for the next 12 to 18 months. Now why I bring that up is because her health insurance is due to expire in the next 60 days. The source of her health insurance was from her husband's employer, well he was the employee, so when the funds run out on his business accounts the health insurance will no longer be available for her to treat the cancer that's going to be going -- the treatment she needs for the next 18 months. Um, that's the big part of it.
We, we did tour the house on Sunday, I was there with my staff, um, and saw the damage that was done and the mess that was left behind when the police did leave. The drain pipes were taken out of the bathroom -- that little elbow piece, the traps -- were taken out of the bathroom sinks as well as the bathroom tub, so you could not run any of the water. Uh, we had a clean-up crew come in with 20 of our dumpsters with 5 men and started moving debris that was left behind. As we speak, photos are being released to all of you through the internet, um, so you'll have digital photos of the damage that was there.
I've also had the opportunity to view the so-called vault, or the soundproof room in the basement. It is not a soundproof room, it is not a vault. It is a safe door, about 6 foot high, that is attached to 2-by-4's with an open ceiling in the basement like anybody's basement would be. It is unfinished inside. That's where the guns were allegedly stored.
I also had the opportunity to view this doll that they made mention of by the uh prosecution or the police department. It's a collectible doll -- and again, at some point in time, we have a photo of that -- that Asa has collected for many, many years. It was in a wooden glass case that was uh there. Um, again, Asa would like me to express her thanks for the support she's received. Um, she's going through a very difficult time. Um, emotionally, she's recovering each day, not only dealing with the cancer but this newfound life that she has to come to terms with, [and] protect herself and her children.
The attorney for the children is here, Mr. Vess Mitev, um, I'd like for him to say a few words.
VESS MITEV: Thank you all very much for coming, uh, as you know my firm represents the two children, Victoria and Christopher. They'd also like to say thank you to the public that's come out and to the donations, the people that have sent things -- care packages, the people that have sent money, the people that have stopped by and given them well-wishes.
And we've spoken, I think, in the press, for the last few days about why and how it's so important that this family has competent and capable legal representation. And Mr. Macedonio's firm and my firm, obviously, we're going to keep doing that. Uh, 'cause they have, as we've said before, rights and liberties that need to be protected, okay? They all have that -- Asa has that, the children have that.
As this investigation continues, obviously the District Attorney's Office is releasing new information every day -- it's going to be a very long process. So, what they're asking you all to keep in mind, that it's going to be a marathon, it's not a sprint. This is gonna continue, this case is gonna be a very long time in the making. And through that process obviously we've talked about in the past few days that the law requires them, in order to preserve those legal rights and remedies, to file certain legal documents at certain intervals. If they don't do that, they will have waived those rights in the public forum.
So we are at this point announcing that the children, uh, and Ms. Ellerup -- on her behalf -- are going to be protecting those legal rights and remedies by filing what's called a notice of claim. That notice of claim is going to be filed within the next 30 days and that obviously is a legal prerequisite to filing a lawsuit, and it has to be done because otherwise those rights are waived. That's what's gonna happen. When it happens obviously we'll let you all know, we'll let you folks know what the content of it is, but that's the announcement that we have to make.
In closing, I'd like to echo my colleague's statements. At this time, the family again requests truly and honestly that their rights and liberties have to be protected and a part of that, again, is that the focus is on their basic needs -- their food, their water, their shelter, their clothing, okay? And that's their paramount concern right now. It is those basic human needs that all of us have that have been ripped apart from them. So we ask you again, please respect their privacy, please know that they're going through a horrific emotional time that none of us can imagine, and let the legal process run its course. And thank you.
REPORTER 1: [question inaudible]
VESS MITEV: Again, that will be, uh, set forth in the notice of claim, but clearly it's going to be preserving their rights against law enforcement investigations and officials and investigators that were present at the scene. That's standard. Again, I wouldn't ask that you read into it too much but that notice of claim is going to be filed.
REPORTER 2: [question inaudible]
VESS MITEV: The legal prerequisite to filing a lawsuit, which they have to file in order to preserve their rights. Thank you.
REPORTER 3: Was the Nassau County Police Department involved in wrecking the house?
ROBERT MACEDONIO: At this point in time we're not sure what law enforcements were involved in actually entering the premises and which were involved in securing the streets and that, so we'll file the notice of claim, we'll probably list all the agencies. And then once the investigation's done, we'll narrow it down and see if there's any kind of lawsuit that can be present -- proceeded after that.
REPORTER 4: [question inaudible]
ROBERT MACEDONIO: If it was piled floor to ceiling with debris that was just taken out of the attics, of every closet, every -- picture the house, there was a path probably a foot or two wide to get from the front door to the kitchen -- and that was the way through the house. The children and Asa were sleeping on, really, foam mats on the floor next to the dog bed where the dog was sleeping also. And, and I forgot to mention there was three cats that were taken, um, when the police executed the search warrant -- taken to the, uh, animal shelter -- local [inaudible] animal shelter -- which was going to euthanize them if they were not picked up by a certain time. We had those cats removed, um, voluntarily transported out to the Bideawee Westhampton and they're going to be maintained there until they're adopted out by loving families. She's ---
REPORTER 5: Rex Heuermann pleaded not guilty, does his family [inaudible]?
ROBERT MACEDONIO: The only thing his family knows about these charges has been reported in the media. They have not discussed it with him, they have not addressed it with him, that's our instructions to them now.
REPORTER 5: [inaudible]
ROBERT MACEDONIO: We haven't had that conversation -- and frankly it doesn't matter. I need to get Asa back to being mentally healthy to protect herself and her own children. She has to prepare this for at least the next couple years before this case is litigated in the courts.
REPORTER 6: [inaudible -- something about visiting him]
ROBERT MACEDONIO: She has not been visiting him in the jail.
REPORTER 7: Have they been contacted by law enforcement yet?
ROBERT MACEDONIO: No they have not. We have not been contacted.
REPORTER 8: [inaudible]
ROBERT MACEDONIO: That was prior to our representation. If it happened we have not been consulted or contacted by law enforcement. Let me reiterate -- Asa or the children are not suspects in this. I think the DA's Office [inaudible] has made that clear. They've stated on several occasions they were out of jurisdiction when these alleged crimes took place. So she is not a suspect, she is not been questioned, she hasn't been accused of anything -- of being an accomplice or any part associated with whatever her husband's accused of.
REPORTER 9: Suffolk County has proven to frame people, is there any possibility that Rex Heuermann is framed?
ROBERT MACEDONIO: Sorry, I'm not even going to address that. I'm not law enforcement, I, I, trust that they do their job diligently and professionally so I don't --
REPORTER 9: You just admitted they're lying --
REPORTER 10: How do you explain your client's not having any knowledge of what was going on?
MACEDONIO: Okay, you're assuming that all the allegations are true. So, if the assumptions in your question are true, he lived a complete double life. One of the photos that was released to you that you'll have momentarily will show the house at Christmas time, with a Christmas tree and stockings hung by the fireplace, at the alleged same time he's alleged to have gone out and committed these serial murders and buried the girls in, uh, Gilgo. So if it happened, it was a complete double life. I assure you she knew nothing about it.
REPORTER 11: [inaudible - something about the pictures]
MACEDONIO: They have been released, uh, already you should have them, your agency should all have them, they were sent out.
REPORTER 12: You were talking about the drain pipes that had been taken out --
MACEDONIO: Yes
REPORTER 12: -- is there running water in the home?
MACEDONIO: The water is running but the drain pipes, if you run the water, the sink just drops down, right down to the basement -- there's no -- but the plumbing has been repaired, or at least the sink's been repaired, we're working on the tub as we speak.
REPORTER 13: How often are you speaking with investigators?
MACEDONIO: I have not spoken to investigators at all.
REPORTER 13: Not at all?
MACEDONIO: Not at all.
REPORTER 13: Are there any appointments made --
MACEDONIO: No.
REPORTER 13: -- with them or any --
MACEDONIO: No.
REPORTER 13: -- to speak with them or evidence collection or anything else --
MACEDONIO: No.
REPORTER 13: -- if there was, would they be reaching out?
MACEDONIO: I -- they have not reached out to us so I can't assume what they would do and I'm sure they're running a professional investigation. I understand the grand jury's still impaneled so that's their function and we have not been reached out by them at all.
REPORTER 14: Have you talked to Asa about the fact that her DNA was at the crime scene? Does she have any theory?
MACEDONIO: Well I think, I think, I think it's been said that a hair of her likeness was at the crime scene. I don't think they said DNA of hers was at the crime scene. So we, we, we have --
REPORTER 14: Potentially they say her hair --
MACEDONIO: Of her likeness of hair. So I don't think the DNA's been proven to be hers at the crime scene.
REPORTER 14: Of her likeness of hair.
REPORTER 15: -- Can you talk a little bit about how the family is handling it?
VESS MITEV: Sure. Before that I just want to piggyback off something Mr. Macedonio just said -- and this goes back maybe two days -- but this DNA order that was [inaudible], okay, that's a very standard order in any kind of criminal prosecution. This was a, a order that was gonna be granted no matter what, okay? Any time you have a case involving DNA evidence, a buccal swab is quite standard. The state of, uh, you know, the laws of the State of New York are that you can be required, subject to your constitutional limitations, to provide what's called non-testimonial evidence -- hair, materials, DNA. So that order was completely pro forma.
I understand it was reported in the media as this groundbreaking, earth-shaking moment in the case, but it's not. It's, it, it, it's in every case and if it wasn't ordered it would've been immediately created an appealable issue.
So, back to your question. Obviously, they're -- as we've said before, every moment that they spend in this waking, surreal nightmare they have to keep reevaluating where they are, okay? They, uh, their valuables were shattered, their beds were destroyed, the places that they laid their heads down every night no longer exist.
The reason that they spend so much time outside, and why you folks photograph them on the porch, is because they can't be inside. The house is in shambles. It's ransacked. It was run over through -- roughshod -- okay, so it's not as if they don't want to be inside their house, but the conditions inside are deplorable and they were left in a deplorable condition.
So, how are they doing? Again, we go back to what we need as humans -- we need food, water, clothing, shelter, a roof over our heads, a place to lay our heads down at night -- all of those things they were deprived of summarily without any warning. And every day that goes by -- again, the kindness of strangers, we appreciate that -- they help get back the little bit of normalcy. But it's not gonna be enough. Every dollar counts, obviously, they have a long way to go -- it's not going to be enough today, it's not going to be enough tomorrow, it's not gonna be enough for months, maybe years, so in order to piece back what's been crumbled into a million pieces, is gonna take a very long time. And they need all that. And that's what humans need.
REPORTER 16: [inaudible] in a murder case with multiple victims, is now the appropriate time to talk about the condition of Heuermann's house?
VESS MITEV: It's absolutely the appropriate time to talk about the condition of Heuermann's house, and the children. Again, they're innocent bystanders in this. And that's, again, we cannot stress that enough. Because of what has happened here -- and it's of unimaginable magnitude -- they're caught up in this. They're victims in this, just as much -- maybe disagree or you might, uh, you know, consider that -- there were horrific things that were alleged to have been happened, but an allegation and a conviction are quantum leaps apart. So yes, they are victims, and yes, they are innocent bystanders. And yes, their lives have been completely upended and turned upside down.
REPORTER 17: Can you speak about the relationship between the children and Rex? Were they close? Did they happen to take, like, any family vacations, and if so, where did they go?
VESS MITEV: Again, we're not -- we appreciate the question and we thank you for it -- we're not here to talk about that today. We're here to give you an update, disseminate some new photos which I think will give you a better idea -- a picture's worth a thousand words -- obviously, as to what the house was, what their life was like is contained in those pictures as well, but we're not going talk about that. And obviously to announce that we are going to be exercising their legal rights and remedies by filing the notices of claim. Thank you.
REPORTER 18: [inaudible]
MACEDONIO: You cannot call the jail. They have to be outgoing only from the jail, so there's no --
REPORTER 18: Have they spoken over the phone?
MACEDONIO: They've spoken over the phone, yes. Like I've stated, all of those jail calls are recorded so we've instructed her, and I'm sure his attorney has instructed him, not to discuss the facts of the case, um, it just doesn't benefit either party.
REPORTER 19: So he's called her --
MACEDONIO: That's the only way the call can happen.
REPORTER 20: [inaudible -- something about 'has Asa Ellerup provided a reason for filing for divorce']
MACEDONIO: Of course I discussed that earlier with her and at some point in time she'll make a statement as to why, you know, she feels it was appropriate to do that.
REPORTER 21: [inaudible]
MACEDONIO: Johnny Ray is trying to keep himself relevant in this case. He has a victim but he's been on TV for the last 10 years trying to get any kind of press he can on this and make himself relevant in this case. I can assure you Asa Ellerup and her two children are not suspects in this case. They shouldn't be suspects in this case. I wholeheartedly trusted the DA's investigation and that eliminated them. So I don't know what Johnny Ray's purpose is in doing that, but, like I said, he's trying to keep himself relevant in this matter.
REPORTER 22: I know you said they are not suspects in this case, but can you say about how they're assisting?
MACEDONIO: They're not assisting at all. We've never been contacted.
REPORTER 22: Is there any desire to [inaudible] -- do they want to go above and beyond?
MACEDONIO: Again, if this happened it was a complete double life. They have no information to provide. But again, they're not suspects, they haven't been questioned, I do not believe they have any relevant information or they would've been questioned already and called before the grand jury.
REPORTER 23: [inaudible]
MACEDONIO: Complete double life.
REPORTER 24: [inaudible]
MACEDONIO: We haven't gotten into that discussion, we don't know what he told his lawyer. Um, like I said, she hasn't had that conversation with him and we instructed her not to.
REPORTER 25: [inaudible]
MACEDONIO: She has not even asked that. We've told her to ignore all that, ignore the media reports. The things that have been reported in the media -- a soundproof room -- everybody reported that. That is not true. So everybody ran with that story that he had this sex dungeon downstairs in his house in his soundproof room where he was bringing prostitutes and murdering them and then burying them on Gilgo Beach. There is no soundproof room in that house. So we cannot believe everything that's been reported in the media. We've told her that, and instructed her that, so -- get, get herself mentally healthy and then she can be there for her children who are suffering through this.
REPORTER 26: The notice of claim -- what are the grounds for that? Can you tell us what you're going to be alleging in there?
MACEDONIO: There are certain rights we have to protect within the 90 day period for notice of claim, the property damage that was done. If you don't file that notice of claim in the 90 days, you lose the right to sue at a later date. So we're just going to protect -- it's just going to protect those rights and that's it. Whether or not a lawsuit will be pursued will be addressed later on. But you have to file a notice of claim within a 90 day period or you waive it.
REPORTER 27: Do you know the nature of the phone calls --
MACEDONIO: No, I do not. I do not.
REPORTER 28: In your opinion, have the civil rights of Rex Heuermann's family been [disrespected?]?
MACEDONIO: If, if in my opinion I didn't think they were we would not be filing a notice of claim. Okay? Thank you.
END OF PRESS CONFERENCE
