In a case that for years looked like it would remain unsolved, a new superseding indictment charging the man accused in the Gilgo Beach serial killings, Rex Heuermann, with the murder of a seventh victim continues to send a powerful message about the importance of justice for victims once cast aside by society. Heuermann entered a plea of not guilty to the allegations that he murdered Valerie Mack, initially known as “Jane Doe No. 6,” a 24-year-old woman from Philadelphia who was working as an escort at the time of her disappearance.
Her partial remains were discovered in 2000 in the woods in Long Island by a group of hunters whose dog alerted them to a plastic bag that contained human remains. Law enforcement, including the FBI, compared Mack’s DNA in 2020 to the evidence in order to determine the identity of the victim. Law enforcement also found a human hair on Mack’s left wrist; forensic testing led to the DNA profile of Heuermann’s daughter, who is not considered a suspect and would have been 3 or 4 years old at the time of Mack’s death.
Six out of the seven alleged victims, whose killings spanned from the early ‘90s to 2010s, had hair recovered from their bodies that are forensically linked to Heuermann.
Six out of the seven alleged victims, whose killings spanned from the early ‘90s to 2010s, had hair recovered from their bodies that are forensically linked to Heuermann, members of his immediate family, or others he was living with. Heuermann has denied any wrongdoing and his lawyer argues that the DNA testing used in these cases is “unreliable.” His lawyer also claims that the prosecution has yet to show that any of the victims’ DNA was found inside of Heuermann’s home.
In a court filing, the prosecution disclosed that law enforcement seized from inside of Heuermann’s house a hard drive that contained a Microsoft Word document, written in all caps, that they allege was used as a “methodical blueprint” for his murders. It was created in 2000, which is the year that Valerie Mack was murdered. According to reports, there were dozens of written entries, including “reminders to clean the bodies and destroy evidence, to get sleep before hunt and to have a story set.” Police also seized more than 350 electronic devices from Heuermann’s home.
The continuing identification of Heuermann’s alleged victims creates an even bigger hurdle for his defense. Jurors usually don’t get to hear about a defendant’s other crimes or bad acts because there is a risk that the defendant might be found guilty if the jury thinks they had the propensity to commit the offense or if the jury thinks that the defendant committed the crime simply because he’s a bad person.
But, in this case, the state of New York has a rule of evidence, commonly referred to as the Molineux Rule (4.21), which allows for an evidentiary exception in the following instances: to prove “motive, opportunity, intent, preparation, common scheme or plan, knowledge, identity, absence of mistake or accident, or conduct that is inextricably interwoven with the charged acts; or to provide necessary background information or explanation; or to complete the narrative of the subject event or matter.”
For example, in order to prove motive, common scheme or plan, absence of mistake or accident, prosecutors will likely attempt to get the court to agree that evidence of Heuermann’s other crimes should be admitted against him when he goes to trial. The “blueprint” document found on Heuermann’s computer that detailed plans to select, kill and dispose of alleged victims will be powerful evidence against him. The document includes “pre-prep”, “prep,” “post event” and “things to remember” sections, in which Heuermann set forth how to select a location without surveillance cameras and how to have an alibi and to avoid detection. Some sections also discussed how to dispose of physical evidence, like a body, and how to remove tattoos that might be used to identify the victim. Heuermann attempted to permanently delete this “blueprint” document, but forensic investigators were able to restore it. You can guarantee that the jury will hear about this consciousness of his guilt. Within its discretion, the trial court may conduct an inquiry or a hearing, outside the presence of the jury, to determine the admissibility and in particular whether there is sufficient evidence for the prosecution to use evidence pursuant to this Molineux exception. Although there is no requirement per se that the defense be put on notice in advance, the prosecution will likely file a notice indicating its intent to do so. Some other human remains are yet to be identified in the investigation, and, as we have seen in this new superseding indictment charging Heuermann with Mack’s murder, it’s possible more charges are to come. The pursuit of criminal cases brings closure in some form to the families and loved ones of victims who have been historically forgotten or shunned because of the circumstances of their lifestyles. Arguably, Heuermann’s victims were selected because they were deemed easy targets and not important enough for people to miss them or care enough to investigate their disappearances and subsequent murders. Victims who had fallen through the cracks, run away from their homes, or were sex workers and escorts. These new charges and law enforcement’s ongoing investigation into missing persons possibly linked to Heuermann help set the record straight: These victims are worthy of justice, just like anyone else.
Katie S. Phang
Katie S. Phang is the host of "The Katie Phang Show," which airs Saturdays at 12 p.m. ET on MSNBC. She is a legal contributor for NBC News and MSNBC based in Miami. She leverages her significant trial attorney experience to provide analysis and commentary on the latest legal issues. 
