Gilgo Beach documentary spurs 'Son of Sam' law update

A pair of state lawmakers from Long Island have proposed an expansion of the “Son of Sam” law after the estranged wife of Gilgo Beach serial killer suspect Rex A. Heuermann was reportedly paid more than $1 million in connection with the production of a documentary about the alleged crimes.

The proposed legislation seeks to add ex-spouses and family members of convicted criminals to the 1970s-era state law that bars convicted criminals from profiting from their crimes.

Asa Ellerup, who filed for divorce from Heuermann six days after his July 13 arrest on first- and second-degree murder charges in the killings of three women, attended one of Heuermann’s recent court appearances with a documentary camera crew in tow. Heuermann has pleaded not guilty to the charges.

State Sen. Kevin Thomas’ proposed bill would amend the “Son of Sam” law to cover contracts with family or former spouses, requiring any company paying those individuals in excess of $10,000 to talk about the crimes to notify the state’s Office of Victim Services, which then notifies victims or their families about the payments, allowing them to press civil action to potentially recoup the earnings.

“When I saw that NBC and Peacock had entered into a contract with the spouse and family members of the suspect, I was like, ‘Wait a minute, this doesn’t seem right when you have victims’ families who are so devastated by this,’” said Thomas (D-Levittown). “For them to ink a deal before the trial has even begun, this is just wrong to do. It is gross to have read that headline that NBC is paying a million dollars to the spouse of this individual that is sitting in jail right now.”

A spokesperson for NBCUniversal did not respond to a message seeking comment Tuesday. NBCUniversal is working with Texas Crew Productions and G-Unit on a documentary about the Gilgo Beach murders for its online streaming platform, Peacock.

The proposal, which will be considered sometime after the legislative session begins in Albany in January, was co-sponsored by Assemb. Fred W. Thiele Jr. (D-Sag Harbor). Both lawmakers rejected the notion that the proposed law would be deemed unconstitutional because it encroached on the free speech rights of those who were not convicted of a crime.

“I think the ‘Son of Sam’ law in New York and other states ultimately have withstood constitutional challenges,” said Thiele. “This does extend it, but I think the same premise stands. I think it really is profiting from a crime, that to me is a little bit different from free speech.”

John Ray, an attorney who has represented some of the victims’ families as well as the family of Shannan Gilbert, the woman whose disappearance led to the discovery of 10 sets of remains near Gilgo Beach, criticized Ellerup’s participation in the documentary.

“The families are appalled and without words to describe this atrocity,” said Ray. “To me, it’s indicative of the utter moral degradation of some elements of the media and of the Ellerups and the Heuermanns themselves.”

Ray said he believes Ellerup, who law enforcement officials have said is not a suspect in Heuermann’s alleged crimes, should be classified as a suspect based on the presence of her hair on one of the victim’s bodies and whatever she says to documentary filmmakers could be used as potential evidence in the case.

“Let her talk; let her tell Peacock what she wants,” said Ray. “And let her lawyers submit her to infamy by allowing her to speak to the media while they are getting paid by the media. Let all that kind of nefarious activity continue so we can catch the people that have done all of these things. … The more she talks the more she’s going to sink herself. I can’t for the life of me understand why the lawyers who are being paid by the media are allowing her to subvert herself.” 

Robert Macedonio, the attorney representing Ellerup in her divorce proceeding, dismissed Ray’s comments.

“My trust and faith in the system is going to be based on the professionals investigating this, who have repeatedly eliminated Asa as a suspect and on numerous occasions stated she was out of the jurisdiction when the homicides were committed,” said Macedonio. “And as I have repeatedly said, this is nothing more than an attempt by John Ray to keep himself relevant in a case by trying to attach a civil defendant to recover money from. John Ray continues to misstate facts to the media. This only serves to victimize his clients further by misrepresenting the truth and giving them false hope.” 

Of the lawmakers’ attempt to change the "Son of Sam" law, Macedonio said: “It’s a sad day in America when people are willing to trample on the Constitution to get press coverage."

By Nicole Fuller

nicole.fuller@newsday.com@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.