Gilgo Beach killings: Family of suspected serial killer has not been interviewed by investigators, lawyer says

The estranged wife of alleged Gilgo Beach serial killer Rex A. Heuermann has not been interviewed by investigators but she has spoken to her husband by telephone in "personal" conversations as he awaits trial in the Suffolk County Jail, her divorce lawyer told Newsday on Tuesday.

"They have spoken," said Islip Terrace-based attorney Robert Macedonio, who is representing Asa Ellerup in her pending divorce proceeding against Heuermann. Macedonio declined to describe the contents of those "personal" conversations.

He said he advised his client to not discuss any aspect of the charges alleging that Heuermann killed three women whose remains were found in the Gilgo Beach area in 2010.

“She was completely blind-sided by the whole event,” Macedonio said of Heuermann's arrest on July 13. “It was like getting hit by a Mack truck walking on 42nd street. Obviously, her head was just spinning.”

A spokesperson for Suffolk County District Attorney Ray Tierney said Tuesday the office could not comment on Macedonio's assertion that investigators have yet to question Heuermann's wife.

Tierney has previously said there was "no indication that the family had knowledge" of Heuermann's suspected crimes, noting his wife and children were out of state when three of the women went missing.

Suffolk Police Commissioner Rodney K. Harrison has also said Heuermann's wife and children expressed “shock, disappointment and disgust" over the allegations.

Asked if Ellerup planned to cooperate with the criminal investigation in the form of a formal interview, Macedonio said: “I can’t even speculate at this point; we haven’t been asked.”

Macedonio pointed out that Ellerup would have spousal immunity, which prevents the spouse of a defendant from being compelled to testify against them about events that occurred before or during the marriage. 

Meanwhile when Ellerup and her two adult children — Heuermann’s stepson and the couple’s biological daughter — returned to their home a few days ago, Macedonio said, the house was in an “uninhabitable” condition after police ripped up the floors and broke through walls in search of potential evidence. Ellerup’s greenhouse was destroyed, Macedonio said.

“The floors are ripped up,” Macedonio said. “Mattresses were taken. The couch was cut open. There’s holes in part of the walls. Right now, they’re going through everything, sorting through everything, trying to obtain new mattresses."

Ellerup never saw anything that would indicate what prosecutors have alleged, Macedonio said, and his client had no inkling that Heuermann allegedly patronized sex workers and never saw him with burner phones.

"She's never given any indication of any abuse, or manipulation, a hint of him having escorts or anything," said Macedonio. Ellerup knew her husband to be a "workaholic" with a hobby as a gun collector, the lawyer said. 

Macedonio scoffed at reports from authorities that Heuermann had 279 guns in a vault in his home, saying there's never been any suggestion that any of the victims died by gunshot wounds and many people have gun safes to store their weapons. 

"The guns are a red herring," said Macedonio. 

Heuermann, a 59-year-old architect, has pleaded not guilty to a six-count indictment charging him with first- and second-degree murder in the killings of Melissa Barthelemy, Megan Waterman and Amber Lynn Costello. Heuermann is also the "prime suspect" in the killing of Maureen Brainard-Barnes, whose body was found in proximity to the other three women, prosecutors have said.

Heuermann, who has been held in the Suffolk County Jail without bail since his July 14 arraignment, appeared briefly in court Tuesday afternoon. 

Vess Mitev, the Stony Brook-based attorney who is representing Heuerman's daughter, Victoria Heuermann, 26, and stepson Christopher Sheridan, 34, said they plan to speak at a news conference in the coming weeks. 

“They’re obviously living a waking, breathing nightmare," said Mitev. "It’s a very, very, very tough time for them emotionally, physically and mentally." 

Ellerup filed for divorce from Heuermann days after his arrest. Asked about her reasons for filing for divorce, Macedonio said: “She needs to protect herself and her family. Her own self, her own assets.”

Prosecutors have said Heuermann’s family was on vacation at the time the victims disappeared. Macedonio said his client doesn’t have recollections of the events surrounding those dates, beginning in 2009.

“She doesn’t,” Macedonio said. “It’s trying to recollect events more than 10 years ago."

Meanwhile, Macedonio said Ellerup is taking one day at a time.

“She’s gaining a little bit of self-confidence now and realizes she has to be strong for her children,” he said.

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.