Gilgo Beach Suspect Rex Heuermann's Family Plans To Sue Law Enforcement Over Wrecked House

ISLIP TERRACE, NY — Attorneys for the wife and children of Gilgo Beach slayings suspect Rex Heuermann say they plan to file a notice of claim — the precursor to a lawsuit — protecting their legal rights for the damage done to their home and belongings.

At a news conference Friday afternoon, attorneys Robert Macedonio, who represents Asa Ellerup, as well as Vess Mitev, who represents her children, Christopher Sheridan and Victoria Heuermann, released never-before-seen photos of inside the family's wrecked Massapequa Park house.

Macedonio told reporters that their home was in shambles with belongings on the floor and broken plumbing pipes due to investigators searching for evidence, and it was in the process of being cleaned out.

Debris from the attic and closets were piled floor to ceiling within “every inch of the house,” leaving only a path a foot or two wide to get from the front door to the kitchen, he said.

The children and Asa were sleeping on mats on the floor, next to their dog's bed.

Three cats were taken from the home to the Town of Oyster Bay Animal Shelter and would have been euthanized if not picked up within a specific period, but Macedonio’s office had them removed to a local animal shelter so they can be adopted out.

“The only thing his family knows about these charges is coming from reports in the media,” he said. “They have not discussed it with him. They haven't addressed it with him, and that's our instructions.”

Ellerup and her children have not visited Heuermann at the Suffolk County Correctional Facility.

She has spoken with him on the phone though has been advised not to speak about the specifics of his legal case.

Macedonio said Ellerup and her children are not considered suspects, and if indeed the allegations against her husband are true, she had no knowledge.

One of the photos Macedonio has is from around Christmas time, showing a Christmas tree and stockings hung by the fireplace, at the alleged time Heuermann went out and “committed these murders and buried the girls at Gilgo.”

“If it happened, he led a complete double life,” he said. “I assure you she knew nothing about it.”

Macedonio said Heuermann’s family has not been contacted by investigators.

From what he understands the grand jury on the case is still empaneled.

“Every moment that they spend in this waking surreal nightmare, they have to keep reevaluating where they are,” Mitev said. “Their valuables were shattered; their beds were destroyed. The places that they lay their heads down at night no longer exist. The reason that they spent so much time outside and why you folks photograph them on the porch is because they can't be inside — the house is in shambles.”

He added: “It’s ransacked. It was run over through, roughshod, so it's not as if they don't want to be inside their house, but the conditions inside are deplorable, and they were left in a deplorable condition.”

Mitev said the details of the allegations would be outlined in the notice of claim, "but clearly it's going to be preserving the rights against law enforcement investigations and officials and investigators that were present at the scene."

And, he explained: "It's a legal prerequisite to filing a lawsuit which they have to file in order to preserve their rights," he said.

The notice of claim must be filed in 30 days.

Heuermann was arrested on July 13 in New York City.

He pleaded not guilty on July 14 to killing Amber Costello, Melissa Barthelemy, and Megan Waterman, whose remains were found along Ocean Parkway at Gilgo Beach.

He is the prime suspect in the killing of a fourth woman, Maureen Brainard-Barnes, also a sex worker who was found in the same area.

Macedonio could not be sure what law enforcement was involved in entering the home to remove evidence.

The notice of claim will “probably list” all the agencies involved, “and then once the investigation is done, we'll narrow it down and see if there's any kind of lawsuit that could be proceeded after that.”

In news footage from the aftermath of his arrest, both Nassau, Suffolk, and state police could be seen at the scene.

Suffolk District Attorney Ray Tierney's office could not be reached for comment.

A Suffolk police spokesperson declined comment, noting the department does not comment on pending litigation.

“Obviously, the district attorney's office is releasing new information every day,” Mitev said. “It's going to be a very long process, so what they're asking you all to keep in mind that it's going to be a marathon; it's not a sprint. This is going to continue.

“This case is going to be a very long time in the making,” he added.

If Ellerup, Sheridan, and Heuermann don't file the notice of claim, they will waive their rights in the public forum, Mitev said.

The two attorneys will publicize the content of the notice of claim.

"The family, again, requests truly and honestly that their rights and liberties have to be protected,” he said, adding that the focus is on their basic needs: food, water, shelter, and clothing.

“It is just basic human needs that all of us have that been ripped apart from them,” he said. "So, we asked you again, please respect their privacy. Please know that they're going through a horrific emotional time that none of us can imagine, and let the legal process run its course.”

Ellerup, who police have reportedly said was unaware of Heuermann's activities, filed for divorce in Suffolk shortly after his arrest.

While divorce proceedings are normally filed in the place of residence where a married couple resides, it can be done anywhere in New York, and Suffolk happens to be where Heuermann now resides, Macedonio said.

The divorce is not contested, according to Macedonio.

To add to her plight, Ellerup has ongoing treatment for breast and skin cancer, something that is expected to continue for the next 12 to 18 months, but her health insurance is set to run out in 60 days because it was attached to Heuermann's employment, Macedonio said.

"When the funds run out in his business accounts, the health insurance will no longer be available for her to treat the cancer," he added.

Ellerup wanted Macedonio to express her thanks for “the enormous outpouring of support that she's received in the past several weeks.”

There have been gift cards, care packages, and food delivered to her house.

Macedonio did a tour of the house on Sunday with his staff and saw “the damage that was done and the mess that was left behind.”

Investigators took drain pipes, elbow pipes, a sink, and a tub, out of the bathroom, so there is no running water.

“We had a cleanup crew come in with 20-yard dumpsters with five men and start removing the debris that was left behind,” he said.

Macedonio also commented on what has been reportedly called a vault or a soundproof room in the basement, as well as a child-like doll.

It is not a soundproof room or a vault, but a safe door about six-foot high that is attached to two-by-fours with an open ceiling in the unfinished basement, "like anybody’s basement would be," he said.

“That's where the guns were allegedly stored,” he said.

The doll is a collectible of Ellerup’s that she has had for many years.

“She's going through a very difficult time,” he said. “Emotionally, she's recovering each day not only dealing with the cancer, but this newfound life that she has to come to terms with to protect herself and her children.”

A GoFundMe to help Ellerup and her children was established by Melissa Moore, whose father was a serial killer known as "The Happy Face Killer."

Moore, who was 16 when her father was arrested, reached out to Macedonio for permission to start it, and they got the ball rolling.

Keith Hunter Jesperson, who confessed to killing more than 150 women, is serving life without parole in Oregon State Penitentiary.

"My mother and my family were and are victims. We did not know about his double life," Moore wrote on GoFundMe.

Started on July 29, the page has received more than $40,000 in donations.

One hundred percent of the proceeds will go to Ellerup and her family, Macedoni said.

Mitev called Ellerup and their family “innocent bystanders.”

“We cannot stress that enough because of what has happened here and its unimaginable magnitude,” he said. “They're caught up in this; they're victims just as much – disagree or not – you might consider that there were horrific things that are alleged to have happened but an allegation and a conviction are quantum leaps apart.”

Jerry Barmash and Maureen Mullarkey contributed additional reporting to this story. Hoey is the writer.

This story will be updated. Check back later.