By Hank Russell
The Suffolk County District Attorney’s Office is fending off a challenge by Rex Heuermann’s defense team, which is doubting the authenticity of nuclear DNA test results linking Heuermann to the slayings of six of the seven women. Both sides argued their case before Judge Tim Mazzei at Suffolk County Court in Riverhead on January 29.
As previously reported in Long Island Life & Politics, Heuermann, 61, of Massapequa Park, was charged with allegedly killing Melissa Barthelemy, Megan Waterman, Amber Costello, Maureen Brainard-Barnes, Jessica Taylor, Sandra Costilla and Valerie Mack.
LILP also reported that two outside forensics laboratories analyzed a hair sample found on Mack. Using DNA techniques and direct genome sequencing, as well as mitochondrial analysis, all of the seven victims, except Barthelemy, were tied to Heuermann. Suffolk DA Ray Tierney pointed out the use of DNA analysis in prosecutions have been used in the rest of the country, but not in the state.
In his affirmation, Suffolk Assistant DA Andrew Lee said the prosecution objects to the defense’s request to certify compliance regarding Astrea Forensics’ nuclear DNA analysis. According to its website, Astrea is a forensic genome sequencing service lab that uses state-of-the-art and patented technology to reconstruct human genetic profiles from highly degraded remains for purposes of genealogical analysis or sample comparison.
“[T]he People have provided, inter alia, all laboratory reports and underlying bench notes, raw data, including DNA sequence data and libraries developed from hairs as well as known samples, photographs, curricula vitae, Grand Jury testimony and Exhibits,” lee stated. “As such, the defendant is well-situated to prepare a defense with regards to the DNA analysis conducted by Astrea.”
Astrea used a technique known as Whole-Genome Sequencing (WGS), which was defined in court documents obtained by LILP as “used to sequence the entire genome of an organism or all DNA present from all organisms in a sample. … WGS works well with rootless hairs even when DNA strands are short. WGS analyzes more locations on the genome than Short Tandem Repeats (STRs) and, unlike STR analysis, is concerned with determining each nucleotide of the genome rather than the number of repeated sequences at specific regions of the genome. This enables WGS to obtain nuclear DNA results in instances where STR analysis cannot, such as when DNA samples are degraded or contain a small amount of DNA.”
“WGS is admissible because it is generally accepted in the scientific community and … is based upon technology that has been implemented for decades, deemed admissible across the country, and relied upon in a wide variety of scientific and forensic settings, e.g., virology, healthcare, and by law enforcement, prosecutors, and defense attorneys,” Lee stated.
Lee also submitted as evidence a series of scientific articles proving the reliability of WGS. “Moreover, WGS is demonstrably reliable as evidenced by validation studies, peer-reviewed publications in notable scientific journals, and validation by forensic accrediting bodies, including New York’s Department of Health,” he stated, adding Astrea’s results were corroborated by mitochondrial DNA analysis, which has always been accepted by New York courts.
In addition to having the DNA evidence deemed inadmissible, Heuermann’s attorneys are calling for five separate trials rather than one trial — the first trial for the first three victims and four more trials, one each for the four victims.
A Frye hearing — in which it will be decided whether such DNA evidence will be allowed during the trial — is scheduled for February 18.