Gilgo Beach LISK Serial Killer, Rex Heuermann, charged with 7 murders, July 2023 #15

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Yes! It is still there!
 

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On Tuesday, December 17, 2024, Valerie Mack's name was officially included among LISK victims, when a superseding indictment was unsealed inside the 4th floor courtroom of Judge Timothy Mazzei. It accused Heuermann of this seventh murder in the Gilgo Beach investigation. But with his hands shackled behind his back, Heuermann loudly proclaimed, "Your Honor, I am not guilty of ANY of these charges."

From where I was sitting, very close to a large number of victims' relatives, one woman responded under her breath, "F--k you!"

IMO:
Why would prosecutors send hair to be DNA analyzed to a lab that is not NY certified?
That makes zero sense.
Next comes the "Frye hearing" with the defense trying to prove the DNA results from the 2 labs are inadmissible and not scientifically accepted evidence in NY.
That testimony with both sides calling their experts should be interesting but sadly we won't be privy to it, no filming in NY Court rooms.

So RH didn't get a heads-up that VM was next in line to get justice.


"When the press conference was done, Heuermann's court-appointed defense attorney, Michael Brown, said he would challenge the reliability of the DNA results, with testing performed by a lab that's not certified, at this point, in New York State.

Brown also wants to sever some of the newer murder indictments from the original indictment.

"The D.A.'s office never gave us any notice that this was forthcoming," Brown said outside the courthouse."
 
IMO:
Why would prosecutors send hair to be DNA analyzed to a lab that is not NY certified?
That makes zero sense.
Next comes the "Frye hearing" with the defense trying to prove the DNA results from the 2 labs are inadmissible and not scientifically accepted evidence in NY.
That testimony with both sides calling their experts should be interesting but sadly we won't be privy to it, no filming in NY Court rooms.

So RH didn't get a heads-up that VM was next in line to get justice.


"When the press conference was done, Heuermann's court-appointed defense attorney, Michael Brown, said he would challenge the reliability of the DNA results, with testing performed by a lab that's not certified, at this point, in New York State.

Brown also wants to sever some of the newer murder indictments from the original indictment.

"The D.A.'s office never gave us any notice that this was forthcoming," Brown said outside the courthouse."

In Western Australia - Mitochondrial DNA - has proven the guilt in many cases now - It is fully accepted.

And, as we all know SCIENCE does not lie. DNA does not lie.

IMO RH is going down for these murders - DNA is a slam dunk !!
 
Why would prosecutors send hair to be DNA analyzed to a lab that is not NY certified?
Nuclear dna extraction from rootless hair is a rather new endeavor.

Im wondering if none of the ny certified labs were able to do it.
Next comes the "Frye hearing" with the defense trying to prove the DNA results from the 2 labs are inadmissible and not scientifically accepted evidence in NY
I think that's why they did mitochondrial dna extractions on most of the hair samples too. Just in case the nuclear dna evidence is shut down
 
Suffolk County District Attorney Ray Tierney conceded a Frye hearing is necessary because the nuclear DNA methods used by the outside laboratory have not been presented in New York State courts.

"SNP [single nucleotide polymorphism genetic testing] DNA is an issue of first impression for New York State," Tierney said. "So we'll have to go through that ... Frye process."

Under current state Department of Health regulations, private laboratories doing DNA analysis for police and prosecutors needed to be vetted and issued permits by the DOH. Currently, four such labs have been given approval, a state Health Department spokesperson said.

Failure of a private laboratory to get a DOH permit may subject it to civil monetary penalties, the agency said in a statement to Newsday. But it was unclear if any evidence developed by a lab lacking a permit has ever caused a problem in using the evidence in court.

And because the Gilgo Beach task force is working with the FBI, investigators can use the federal agency to access any laboratory without being limited by state rules, officials have said.

 
IMO:
Why would prosecutors send hair to be DNA analyzed to a lab that is not NY certified?
That makes zero sense.
Next comes the "Frye hearing" with the defense trying to prove the DNA results from the 2 labs are inadmissible and not scientifically accepted evidence in NY.
That testimony with both sides calling their experts should be interesting but sadly we won't be privy to it, no filming in NY Court rooms.

So RH didn't get a heads-up that VM was next in line to get justice.


"When the press conference was done, Heuermann's court-appointed defense attorney, Michael Brown, said he would challenge the reliability of the DNA results, with testing performed by a lab that's not certified, at this point, in New York State.

Brown also wants to sever some of the newer murder indictments from the original indictment.

"The D.A.'s office never gave us any notice that this was forthcoming," Brown said outside the courthouse."
I mean, whatever. If you want to fight the DNA evidence, then send it out yourself, right? I mean, if you don’t trust the lab, then use your own lab.
That seems weak to me. If there was a problem with DNA recovery or some other issue, then maybe it would be a better defense… but just the lab?
Is Michael Brown court appointed? He’s not right? I mean, if Rex isn’t paying for his own defense he’s in some really big trouble.
 
Suffolk County District Attorney Ray Tierney conceded a Frye hearing is necessary because the nuclear DNA methods used by the outside laboratory have not been presented in New York State courts.

"SNP [single nucleotide polymorphism genetic testing] DNA is an issue of first impression for New York State," Tierney said. "So we'll have to go through that ... Frye process."

Under current state Department of Health regulations, private laboratories doing DNA analysis for police and prosecutors needed to be vetted and issued permits by the DOH. Currently, four such labs have been given approval, a state Health Department spokesperson said.

Failure of a private laboratory to get a DOH permit may subject it to civil monetary penalties, the agency said in a statement to Newsday. But it was unclear if any evidence developed by a lab lacking a permit has ever caused a problem in using the evidence in court.

And because the Gilgo Beach task force is working with the FBI, investigators can use the federal agency to access any laboratory without being limited by state rules, officials have said.

Thanks for the info.
Why didn't they use an FBI lab?
Defense could accuse the lab of being biased and/or a conflict of interest?

"The FBI can conduct nuclear, Y-chromosome, and/or mitochondrial DNA testing on evidence samples as appropriate."



 
And I know it has been debated at length, but it still doesn’t seem entirely clear how the wife or family could be in attendance during court proceedings ……. if they might ultimately be called or placed as witnesses (for either the prosecution or defense). IMO there are often cases where possible future witnesses are removed from the courtroom for reasons related to their testimony, other’s testimony, and evidence. MOO

May have been part of her lawyer's strategy. They were thinking several steps ahead, it seems. JMO
 
Theres only 5 or so labs that ny has certified. If none of them can extract nuclear dna from rootless hair, then that could be an issue

Edit.

Theres 4 private labs
Well if it’s not an issue now it’ll certainly be an issue if there’s a conviction and appeal. But I don’t see anything nefarious in the testing. The prosecution just has to prove that.
 
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