A New York judge ordered Wednesday that accused Long Island serial killer Rex Heuermann must provide the prosecution with a DNA sample, despite arguments by Heuermann’s defense team arguing that prosecutors didn’t establish enough probable cause.
“The court finds that contrary to the defendant’s contention, there is probable cause to believe the defendant committed the crimes charged and, therefore, a basis to compel the buccal swab,” Suffolk County Supreme Court Judge Timothy Mazzei wrote, according to NY Daily News.
Assistant Suffolk County District Attorney Michelle Haddad previously said the prosecution wants to compare Heuermann’s DNA with a mitochondrial DNA profile from a pizza crust and napkin that he allegedly discarded in Manhattan.
Investigators said they found the used napkin and pizza crust after Heuermann threw the items away outside of his office. Defense attorney Danielle Koych filed court documents Monday to block the DNA sample, claiming the prosecution failed to establish whether Heuermann actually touched the discarded pizza and napkin.
Haddad argued that if the DNA doesn’t match, the defense would then have a way to present the information as a defense during the trial.
“Should the defendant’s DNA from the [cheek swab] not match the DNA profile from the pizza crusts and napkin submitted for Rex Heuermann … the defense would be presented with a potential trial defense,” wrote wrote. “Thus, there is a clear indication that material and relevant evidence will be found and is crucial for trial.”
As CrimeOnline previously reported, Heuermann was arrested on July 13 for the deaths of three of the four women known collectively as the “Gilgo Four.” The bodies were found within days of each other on Gilgo Beach in December 2010. All four women were buried in burlap sacks.
Heuermann has been charged with six counts of murder in the deaths of Melissa Barthelemy, 24; Megan Waterman, 22; and Amber Lynn Costello, 27; and is the prime suspect in the death of 25-year-old Maureen Brainard-Barnes.
Brainard-Barnes was abducted in 2007, Barthelemy in 2009, and Waterman and Costello in 2010.
Heuermann pleaded not guilty at his arraingment. He remains behind bars at the Suffolk County Correctional Facility without bail.
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[Feature Photo: Rex Heuermann/Suffolk County Sheriff’s Office via AP]
