Rex Heuermann's attorney: Nassau police shouldn't get his gun collection
Crime scene police search the Heuermann home, in Massapequa Park, in July, shortly after Rex Heuermann's arrest. Credit: John Roca
An attorney for Rex A. Heuermann argued in a new court filing that Nassau County has no legal authority to receive the alleged serial killer's gun collection as investigators there look to pursue firearms charges against him.
Defense attorney Sabato Caponi told a Suffolk judge that the law prosecutors cite in an application to move the more than 280 guns, magazines and ammunition seized from Heuermann's Massapequa Park home to Nassau police does not pertain to items seized in a search warrant.
"The theories posited by the people are wholly without merit," Caponi wrote in a reply filed Monday. "They represent little more than a strained, yet unsuccessful, attempt to conjure an illusion of authority where none exists."
The guns were seized by the Gilgo Beach Task Force, a group consisting of Suffolk, state and federal investigators, after Heuermann’s July arrest, but Suffolk prosecutors say firearms were not used in any of the three murders with which he's been charged.
Prosecutors, however, have alleged that at least 26 unregistered handguns, 15 unregistered assault weapons and 10 high-capacity magazines that were seized appear to violate state firearms laws and therefore should be sent to investigators in Nassau.
They say investigators with the Nassau County District Attorney's Office's Narcotics, Firearms and Guns Bureau could pursue charges after having launched their investigation into Heuermann's guns Aug. 4.
Heuermann is facing multiple first- and second-degree murder charges in the killings of Megan Waterman, Melissa Barthelemy and Amber Lynn Costello, whose remains were found near Gilgo Beach in Suffolk County 13 years ago. He has pleaded not guilty and remains held without bail at the Suffolk County Jail. He is due back in court Nov. 15.
Prosecutors have said Heuermann, 60, who worked as a Manhattan architect, is also the “prime suspect” in the slaying of Maureen Brainard-Barnes, whose remains were found with the other three victims. All four of the women — the first of 10 sets of remains found along Ocean Parkway that are believed to be the work of one or more serial killers — were sex workers, according to police.
In a filing Oct. 3, Assistant Suffolk County District Attorney Lawrence Opisso said Gilgo Beach Task Force investigators indicated their intent to eventually transfer the weapons to Nassau County police when they filed their initial search warrant application July 13, the day Heuermann was arrested.
Caponi argued the court's order allowing the search warrant states that the guns should be "retained in the custody" of Suffolk, state and federal investigators.
The Heuermann defense team previously has stated the guns could be sold to support his family while he is incarcerated.
Suffolk police detectives searched his home for 12 days, ending on July 26. An inventory of the weapons seized showed that he had collected many guns from the early part of the last century, according to court documents.
Prosecutors have said Heuermann had permits for 92 guns but his pistol license was suspended by Nassau County following his arrest.
An attorney for Rex A. Heuermann argued in a new court filing that Nassau County has no legal authority to receive the alleged serial killer's gun collection as investigators there look to pursue firearms charges against him.
Defense attorney Sabato Caponi told a Suffolk judge that the law prosecutors cite in an application to move the more than 280 guns, magazines and ammunition seized from Heuermann's Massapequa Park home to Nassau police does not pertain to items seized in a search warrant.
"The theories posited by the people are wholly without merit," Caponi wrote in a reply filed Monday. "They represent little more than a strained, yet unsuccessful, attempt to conjure an illusion of authority where none exists."
The guns were seized by the Gilgo Beach Task Force, a group consisting of Suffolk, state and federal investigators, after Heuermann’s July arrest, but Suffolk prosecutors say firearms were not used in any of the three murders with which he's been charged.
Prosecutors, however, have alleged that at least 26 unregistered handguns, 15 unregistered assault weapons and 10 high-capacity magazines that were seized appear to violate state firearms laws and therefore should be sent to investigators in Nassau.
They say investigators with the Nassau County District Attorney's Office's Narcotics, Firearms and Guns Bureau could pursue charges after having launched their investigation into Heuermann's guns Aug. 4.
Heuermann is facing multiple first- and second-degree murder charges in the killings of Megan Waterman, Melissa Barthelemy and Amber Lynn Costello, whose remains were found near Gilgo Beach in Suffolk County 13 years ago. He has pleaded not guilty and remains held without bail at the Suffolk County Jail. He is due back in court Nov. 15.
Prosecutors have said Heuermann, 60, who worked as a Manhattan architect, is also the “prime suspect” in the slaying of Maureen Brainard-Barnes, whose remains were found with the other three victims. All four of the women — the first of 10 sets of remains found along Ocean Parkway that are believed to be the work of one or more serial killers — were sex workers, according to police.
In a filing Oct. 3, Assistant Suffolk County District Attorney Lawrence Opisso said Gilgo Beach Task Force investigators indicated their intent to eventually transfer the weapons to Nassau County police when they filed their initial search warrant application July 13, the day Heuermann was arrested.
Caponi argued the court's order allowing the search warrant states that the guns should be "retained in the custody" of Suffolk, state and federal investigators.
The Heuermann defense team previously has stated the guns could be sold to support his family while he is incarcerated.
Suffolk police detectives searched his home for 12 days, ending on July 26. An inventory of the weapons seized showed that he had collected many guns from the early part of the last century, according to court documents.
Prosecutors have said Heuermann had permits for 92 guns but his pistol license was suspended by Nassau County following his arrest.
Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.
More rain for LI ... Thanksgiving travel ... Penny trial continues ... FeedMe: Holiday pies
More rain for LI ... Thanksgiving travel ... Penny trial continues ... FeedMe: Holiday pies
