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The trial against accused Gilgo Beach serial killer Rex Heuermann will begin by the start of fall, Judge Timothy Mazzei said in court on Tuesday.
"This trial will begin right after Labor Day, come hell or high water," he announced in the courtroom.
Heuermann appeared in court alongside his defense team. Today was the deadline Mazzei had set for either side to schedule any and all outstanding motions and hearings that must be addressed before the trial.
Heuermann's team did just that. In a 175-page omnibus motion, the defense asked the judge to toss out nearly every major aspect of the prosecution's case against Heuermann.
They sought to dismiss all of the search warrants, how Heuermann's DNA was obtained, a witness identification, statements Heuermann allegedly made when he was first arrested, as well as the murder charge related to Sandra Costilla.
"Science is outpacing the courts," defense attorney Danielle Coysh said after Heuermann's appearance. "If our government can go in our garbage can and take our DNA and learn everything about us, what's the purpose of having a Fourth Amendment anymore?"
The defense also asked for discovery related to convicted murderer and former Gilgo Beach serial killer suspect John Bittrolf.
Suffolk County District Attorney Ray Tierney said his office will oppose all those objections.
"We do our investigation, we file our charges and then the defense has an obligation to examine it, argue against it and whatever motions they deem appropriate, so that's the nature of the business," he said during a press conference after court.
Mazzei previously ruled on many of the big issues raised by Heuermann's defense team last year. Last September, the judge rejected the defense's attempt to toss out the prosecution's key DNA evidence.
The evidence stemmed from rootless hairs found on or near the remains of six of Heuermann’s alleged victims. According to court documents, a total of nine hairs were recovered. Prosecutors argue that these samples link Heuermann, a Massapequa Park resident, to the crimes.
Heuermann's defense attorney argued that the DNA technology, known as whole genome sequencing, was not widely accepted and therefore should not have been permitted.
Mazzei also ruled that Heuermann will face one trial for all seven of his alleged victims. Heuermann's attorney, Michael Brown, had petitioned to separate them by victim.
Heuermann is accused of killing seven women: Melissa Barthelemy, Megan Waterman, Amber Costello, Maureen Brainard-Barnes, Sandra Costilla, Jessica Taylor and Valerie Mack, between 1993 and 2011.
He has pleaded not guilty to all charges.
Prosecutors have until March 3 to respond to the defense's challenges and the defense will have until March 17 to respond before Mazzei is expected to rule and set a trial schedule.