Thursday, October 1, 2026
Accused Gilgo Beach killer Rex Heuermann has maintained his innocence since his arrest in July 2023 — and now, his defense team is asking a judge to toss out one of the murder charges he faces.
Heuermann, 62, a Massapequa Park resident, appeared before state Supreme Court Justice Timothy Mazzei in Riverhead on Jan. 13, as his attorneys filed a 178-page omnibus motion asking for multiple forms of legal relief, including dismissing a second-degree murder charge in the 1993 death of Sandra Costilla, and inspecting grand jury minutes to determine whether the evidence presented was legally sufficient.
“There are some real significant issues that they're bringing to the court's attention,” Heuermann’s defense attorney, Michael Brown, said after the hearing.
“Thanks for that,” Mazzei replied after the 178-page motion was filed, in a moment that drew scattered chuckles in the courtroom.
The motion requests multiple forms of relief, including the inspection of grand jury minutes, dismissal of Heuermann’s second-degree murder charge in the Costilla case on the grounds that the evidence was not “legally sufficient to establish the offense charge or any lesser included offense,” according to the motion.
His defense argues the grand jury may have been presented with legally insufficient, circumstantial, and highly prejudicial evidence in the Costilla case.
“The people's evidence that links Rex Heuermann to Sandra Costilla's crime is a single hair on a shirt,” Heuermann's defense attorney Danielle Coysh argued.
“We think we're on a good footing,” Suffolk County District Attorney Ray Tierney told reporters about the motion, adding that his office will oppose the “vast majority, if not all, motions.”
The motion also calls for the suppression of various categories of evidence including “Molineux" evidence–which refers to the state law that generally prohibits using a defendant's past bad acts to prove they committed a current crime, due to potential jury prejudice; however, it allows such evidence if relevant for specific purposes related to the crime, it often requires a pretrial hearing.
It also seeks the disclosure of exculpatory Brady material, which is evidence favorable to a criminal defendant that prosecutors are constitutionally required to disclose to the defense under Brady v. Maryland.
Mazzei set a deadline of March 3 for the prosecution to respond to the motion, and gave Heuermann’s defense a two-week window to file a reply to the prosecution. Heuermann will return to court on March 17.
“Yes, I do,” Heuermann responded when Mazzei asked whether he understood the upcoming process.
While the exact date is still to be decided, Mazzei also provided insight as to when Heuermann’s trial could start.
“Trial will begin after Labor Day,” he said, “come hell or high water.”
Heuermann now stands charged with the murders of seven people: Melissa Barthelemy, Maureen Brainard-Barnes, Amber Lynn Costello, Megan Waterman, Jessica Taylor, Costilla, and Valerie Mack. He has pleaded not guilty to all charges.
Both the prosecution and defense were asked about the case surrounding 66-year-old Andre Dykes, who pleaded not guilty to murdering Tanya Denise Jackson at the Nassau County Court House last month. In June 1997, parts of Jackson’s dismembered body were found in Hempstead Lake State Park. Her body was unidentifiable at the time and she was referred to as “Peaches” due to a heart-shaped peach tattoo located on her chest. Officials released Jackson’s identity last April.
“I have no comment,” Tierney said, adding that “there will be no charges with the baby in Suffolk.”
In 2011, more of Jackson’s remains, along with the body of an unidentified child, were discovered buried alongside Ocean Parkway in Gilgo Beach during a search for victims of the Gilgo Beach serial killer. In 2016, DNA evidence linked Peaches to the body of Baby Doe as mother and daughter.
Brown, however, did have something to say about the case.
“It's going to play into the defense,” he said, claiming that investigators and law enforcement “insinuated that Mr. Heuermann is responsible for all of this … and now we find out that Mr. Dykes is the one who's actually charged.”
Dykes was extradited from his home in Florida to Nassau County last December and faces a prison sentence of 25 years to life. He returns to court on Jan. 16.
