'Major Breakthrough' In Gilgo Beach Murder Case To Be Announced: DA

RIVERHEAD, NY — Suffolk County District Attorney said that he and other members of the Gilgo Beach Homicide Investigation Task Force are set to announce a "significant development" in the case Tuesday.

Tierney, Suffolk County Sheriff Errol D. Toulon, Acting Suffolk County Police Commissioner Robert Waring, as well as additional representatives of the Gilgo Beach Homicide Investigation Task Force, will hold a press conference following a court proceeding in Riverhead Tuesday to announce what he said was a "major development."

The court proceeding is slated to take place at 9:30 a.m. in Judge Timothy Mazzei's courtroom at the Arthur M. Cromarty court complex, with the media event to follow, Tierney said.

Heuermann, the man charged in the deaths of three of the Gilgo Beach victims, will likely be appearing in court Tuesday, according to Newsday and other multiple news sources.

His next court date, according to online documents, was initially slated to be Feb. 6.

Heuermann's attorney did not immediately return a request for comment by Patch.

It was not yet revealed why he would be appearing, but a grand jury was convened in June to investigate possible additional charges related to the death of a fourth Gilgo victim, Mauren Brainard-Barnes — and in November, Tierney said that investigation was set to conclude.

Heuermann appeared at a scheduled court conference at the Arthur M. Cromarty Courthouse in November – with his estranged wife Asa Ellerup in the courtroom.

Heuermann was dressed in a suit and tie; he stared directly ahead throughout the proceedings.

Heuermann, of Massapequa Park, was indicted on three counts of first-degree murder charges and three counts of second-degree murder charges in the deaths of sex workers Melissa Barthelemy, Megan Waterman and Amber Costello, whose remains were found along Ocean Parkway in 2010.

Heuermann pleaded not guilty to the charges.

A total of 11 sets of remains were found in the Gilgo Beach murders, which rocked Long Island, including that of a toddler and an Asian male.

At a media briefing after that November conference, Tierney was asked when the grand jury would be concluding its investigation into possible additional charges related to Brainard-Barnes' death.

Tierney said at the time that the grand jury was continuing its investigation and would "conclude shortly."

When asked for a clearer definition, he said, "Shortly is shortly." Of the investigation into the fourth victim, Maureen Brainard-Barnes, Tierney said that was "wrapping up."

At the conference, Michael Brown, Heuermann's attorney, made three requests: for 75 pages of grand jury minutes that he had not yet received, that he said will help him to defend his client. Also, Brown asked for lab reports, and noted that they had, in fact, been turned over that morning. He also asked for "investigative notes" going back to the discovery of the first victim in 2010.

Assistant District Attorney Nicholas Santomartino said they will produce the 75 pages and noted all the information they had provided the defense, including search warrants that led to Heuermann's arrest and included 13,000 photographs taken at his home, his office, and his vehicle. In addition, said Tierney, the lead prosecutor on the case, lab reports have also been turned over.

Tierney, when asked about victims in other states, said he had jurisdiction in Suffolk County but other law enforcement agencies were welcome to review the evidence.

Tierney said there was much forensic evidence under review, including cell phone records and pings, DNA, mitochondrial DNA evidence, and more. He said he wanted a trial "based on evidence," and wanted to provide a full body of that evidence to the defense; that evidence so far comprises a full gigabyte.

Of the body of evidence and thousands of photos, Tierney said it was a "sprawling" investigation with search warrants at his home, business and storage facilities.

Brown, Heuermann's attorney, also addressed the media in November . He said he really wanted the notes for the case to see why other suspects were discounted, something he said was important to the case.

Heuermann, Brown said, "is looking forward to defending himself. We entered a 'not guilty' plea in this case. He has maintained his innocence from Day 1. He wants to get to the trial of this case. He doesn't want to be tried by the government, he doesn't want to be tried by public opinion, he doesn't want to be tried by the press. He wants to go into a courtroom, get the evidence before 12 fair, impartial people, and we're confident he's going to be acquitted once that happens."

Brown added, "You can look at this case and you can talk about fantasy, and talk about reality."

In September, a cheek swab taken from Heuermann was found to match DNA found on pizza crust disposed of by Heuermann — a key part of evidence that officials said led to his arrest, multiple reports said.

Brown also said the "fantasy is" that "his DNA is on one of the victims. That's the fantasy. The reality is there is literally one hair that is on tape that was on one victim. That is not his DNA," Brown said. "The lab said that he is potentially is a donor for that hair but they don't tell you that there are thousands of people just in the metropolitan area potentially in that same pool of donors so to jump to, 'It's his DNA on the tape' is completely fantasy. The reality is he is not excluded from being a donor— but there are thousands and thousands of other people."

Brown said, in fact, that under former Suffolk County District Attorney Tim Sini, another man was a suspect slated for possible arrest. "His name is not Rex Heuermann," he said, declining to name the individual.