Gilgo Beach suspect’s family to seek damages after search
- Attorneys for the family said they are working to protect their rights
- The family says investigators damaged their home during the search
- The family are 'innocent bystanders' in the case, attorneys said
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(NewsNation) — Attorneys for the family of accused Gilgo Beach serial killer Rex Heuermann announced their intent to file a claim against investigators and called the family “innocent bystanders” in the case.
Robert Macedonio, representing Heuermann’s wife, Asa Ellerup, and Vess Mitev, representing the couple’s adult children, announced they would be filing a notice of claim to protect the family’s legal rights after a search of their home.
A notice of claim has to be filed in order for the family to pursue any lawsuits over damages in the future but does not guarantee that a lawsuit will be forthcoming. Mitev stressed the main goal is for the family to preserve their legal rights in the future.
During searches of the home, law enforcement recovered what they described as a “huge list” of items, including more than 200 weapons, a life-size doll and a vault. The couple’s children have accused authorities of “ransacking” the home and destroying property.
Macedonio pushed back on authorities’ characterization of some of the items, describing the vault as a safe door attached to two-by-fours and the doll as a collectible.
He also said there was significant damage done to the home, including the removal of drain pipes that left the family without water. Family pets, including three cats, were also seized during the search. Macedonio shared photos of the damage the family says law enforcement left behind after the search.
A family attorney said law enforcement removed drain pipes during the search. (Asa Ellerup via Robert Macedonio) 
Debris from the Heuermann home after police searched it. (Asa Ellerup via Robert Macedonio) 
Law enforcement searched the home and the property around it. (Asa Ellerup via Robert Macedonio) 
Items from the Heuermann home. (Asa Ellerup via Robert Macedonio) 
Photos from inside the Heuermann home. (Asa Ellerup via Robert Macedonio) 
More photos of damage allegedly done to the home by law enforcement. (Asa Ellerup via Robert Macedonio) 
Another view of the Heuermann home. (Asa Ellerup via Robert Macedonio) 
Attorneys also released a photo of the home at Christmas, taken during the time authorities allege Heuermann was committing murders. (Asa Ellerup via Robert Macedonio)
Both attorneys asked the media to respect the family’s privacy while also promoting a GoFundMe set up to raise money after Heuermann’s arrest. According to Macedonio, in addition to needing money to repair damages to the home, Ellerup is suffering from cancer and will lose her health insurance because it was provided through her husband’s job.
Macedonio noted the charges against Heuermann have not yet been proven and said if he is found guilty, his wife was completely unaware of his crimes.
“If it happened, it was a complete double life,” Macedonio said. “I assure you she knew nothing about it”
Attorney John Ray, who represents families of two Gilgo Beach victims, joined NewsNation’s “Banfield” on Friday night and accused Ellerup of “conning everybody.” He believes she should also be a suspect in the case.
“It’s pretty hard to deny that she (Ellerup) should be a suspect. Perhaps the police did not consider her as suspect initially, because she seemed to have alibis for when three of those women disappeared. … You really need to be suspicious. And that’s what I’m saying is you need to be suspicious,” Ray said.
Ray represents the families of Shannan Gilbert and Jessica Taylor, whose remains were found near Gilgo Beach in March.
Ellerup filed for divorce from Heuermann after he was arrested and charged with the murders of three women found at Gilgo Beach in 2010 and 2011.
Melissa Barthelemy, Amber Costello and Megan Waterman were among 10 bodies discovered along the stretch of the beach. Heuermann has not been charged with any of the other killings, though he is considered a suspect in the death of Maureen Brainard-Barnes.
Authorities say Ellerup’s hair was found on the three victims, though she was out of state at the time of the killings. They also used familial DNA from a pizza crust found outside the Heuermann home to connect him to the case.
