Heuermann's attorneys are asking a judge to exclude from evidence DNA analyses performed by Astrea Forensics on hairs samples taken from the majority of the seven victims in the cases against the Manhattan architect. Heuermann is charged with killing several women whose bodies were found in and around Gilgo Beach, along Long Island's southern shore.
Astrea is a forensics lab that works primarily with familial DNA samples. Heuermann's lawyers contend that the methods used by Astrea and the results of its work are not widely accepted in New York. For evidence to be admissible in court, methodologies used must be widely accepted in the relevant jurisdiction.
On the other hand, Dr. Kelley Harris, a University of Washington professor of genome sciences testified in the pre-trial hearing held in Riverhead that the testing method under scrutiny, known as nuclear DNA or "whole genome sequencing," is actually one that the scientific community, in general, accepts quite readily.
Michael Brown, Heuermann's attorney, attempted to lessen the blow of Harris' testimony when it was his turn to question her. He emphasized that Harris was not an expert in the fields of forensic science that have a direct bearing on the stuff of criminal law. Harris has no relevant pedagogical or research credentials in that area.
The defense attorney examined the bond between Harris and Dr. Richard Green, who co-founded Astrea Forensics. He made a point of the couple working together to pen research articles and did not fail to mention that Harris respects Dr. Green as a co-worker.
"She's a paid witness, and Dr. Green pointed to her to say that this magic, as we call it, is on the up-and-up," Brown said following the marathon hearing.
Moreover, Brown directed his criticism toward Astrea Forensics for using the publicly available 1,000 Genomes Project, which has cataloged the genomic sequences of about 2,500 individuals from across the world, as the comparative reference for the hair samples in question.
Brown stated outside the courtroom that utilizing it in a criminal court is quite inappropriate. "The 1,000 Genomes Project has been around for quite a while," he said, "and it’s never been used in a forensic setting, and the reason they don’t use it as a population reference is because it’s simply not enough people to compare it to."
Next Wednesday, the proceedings will pick up again, and more expert witnesses will be testifying. After that, expect a ruling from Judge Timothy Mazzei.
Defendant Heuermann, dressed in a dark suit, did not make any statements during the hearing Friday. Asa Ellerup, who signed a finalized divorce settlement with Heuermann the preceding Thursday, was also in the courtroom, accompanied by the couple's daughter and their legal counsel.
No trial date has been set yet for this case, which includes a number of murders that occurred over several decades on Long Island.
Heuermann's defense team wants to split the case into several parts, or trials, because they are worried about the "cumulative effect" they say the prosecution's evidence will have. And it's not just the Suffolk County District Attorney Ray Tierney and his prosecutors who are saying that this is a bad idea and that it will impair the presentation of the case to the jury if it is approved. Judge Mazzei is expected to rule on this motion soon.
In legal briefs submitted before the hearing, prosecutors maintained that whole genome sequencing is widely accepted in the scientific community. They pointed to the technology's approval not just by peer-reviewed scientists but also by federal regulatory bodies, as well as by paleontologists, virologists, and members of the medical community.
The Evidence:
Evidence central to the prosecution's case against Rex Heuermann was from DNA analysis. This analysis found a match between DNA from a pizza crust discarded by Heuermann and DNA from hair strands found on one of the victims. These hair strands had been recovered from burlap used to encase the victim.
The Pizza Crust:
A surveillance unit watched Heuermann meticulously and afterward got back a pizza crust he had thrown away in a trash can in Manhattan.
DNA Matching: The DNA profile obtained from the pizza crust showed a match, beyond any reasonable doubt, with the DNA taken from a male hair found on the burlap used to wrap one of the victims.
Heuermann's Arrest: The arrest of Heuermann and the charges filed against him related to the Gilgo Beach serial killings were the result of compelling DNA evidence combined with several corroborative factors.
by Eddie Price
https://www.youtube.com/watch?v=GHM-kk6-b7k
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