A New York judge will allow prosecutors to present crucial DNA evidence in the upcoming murder trial of suspected Gilgo Beach serial killer Rex Heuermann, marking the first time a cutting-edge technique will be used in the state's courts.
Heuermann, 61, has pleaded not guilty to the murders of seven women whose remains were found on Long Island between 1993 and 2011. Prosecutors say DNA analysis of hair found at the crime scenes linked Heuermann, and other people who lived with him, to six victims. The analysis, known as whole genome sequencing, was completed by Astrea Forensics.
New York State Supreme Court Justice Timothy Mazzei issued a 29-page ruling allowing the analysis to be admitted after months of debate between the prosecution and the defense over the novel evidence. Heuermann's defense team petitioned the judge to exclude the evidence, arguing that whole genome sequencing is not widely accepted by the scientific community.
“We disagree with the court’s decision," defense attorney Michael Brown told CNN.
But Suffolk County District Attorney Ray Tierney told reporters Sept. 3 that the decision "marks a significant step in forensic DNA analysis."
"This is where we're headed in the science," he said.
'Technology is indeed catching up'
But what is whole genome sequencing?
Conventional testing develops a DNA profile by looking at a few specific places in the genome, according to Nathan Lents, a biology professor at John Jay College of Criminal Justice in New York. That testing has to be done on a relatively intact sample, but in Heuermann's case, the DNA available was very old and fragmented because it was obtained from rootless hair.
In cases like this, scientists can use broader sequencing to try to map the entire genome and search for unique differences throughout, Lents said. They could then determine how specific the differences are by comparing the profile to data from the 1,000 Genomes Project, an anonymous set of 2,500 human genomes he said was intended to be as representative as possible of the entire population.
A computer program can also compare the available evidence to that of a known suspect, like Heuermann, and determine how likely it is the samples came from the same person, according to testimony detailed in Mazzei's decision from Richard Green, owner of Astrea Forensics and a professor of biomolecular engineering at the University of California Santa Cruz.
Heuermann's defense tried to challenge the accuracy of the statistical analysis and probably will again at trial, but Lents said he isn't surprised the judge agreed to admit the evidence.
"There's some very legitimate questions, but no matter how you calculate it, the markers that they were able to obtain were pretty good. It was a pretty good match," he said.
Lents said the "very well validated and trusted" technology has been used to identify human remains and in clinical settings like cancer treatments. Mazzei's ruling pointed out that whole genome sequencing was also used to solve the 1982 cold case rape and murder of 9-year-old Daralyn Johnson in Idaho, resulting in two consecutive life sentences for David Allen Dalrymple.
The ruling in New York could affect criminal cases across the country, particularly those that have gone cold, Lents said.
"There are a lot of samples sitting in evidence lockers that have not been analyzed, simply because we knew the DNA there was too little and too old and degraded. ... And now what we're seeing is that technology is indeed catching up."
DNA is part of a mountain of evidence, prosecutors say
Lents and Tierney pointed out that the DNA analysis isn't the only evidence prosecutors say they have obtained against Heuermann.
Investigators have also discovered what prosecutors called a "significant collection of violent, bondage and torture pornography" on more than 350 electronic devices seized from his home. Some of the pornography, dating back to 1994, involves methods consistent with the injuries to two of the victims, Tierney has said.
Officials said they have collected burner cellphones used to arrange meetings with the women and discovered a document they believe Heuermann used to plan the murders. The document contains lists of "supplies," "saw/cutting tools," and what's labeled as "DS," which investigators believe stands for "dump site."
Another note allegedly says that more sleep and "noise control" would allow for more "play time," which prosecutors say refers to sexual mutilation.
Heuermann's attorney did not immediately respond to a request for comment from USA TODAY.
Contributing: Christopher Cann
This article originally appeared on USA TODAY: Advanced DNA evidence will be used in suspected Gilgo Beach serial killer trial
Reporting by N'dea Yancey-Bragg, USA TODAY / USA TODAY
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