Heuermann's defense had requested the cases be broken up. Their argument was that the first three charged killings should be tried separately from the rest, because of the timing of their deaths, spanning 17 years, how they were killed, and the locations where the women's bodies were found.
"Ultimately, we do not make the decision, that's up to the judge. The judge ruled against us, we don't like the decision, we don't agree with the decision, but in our system that's the decision and we have to move forward, that's how the system works," said Michael Brown, defense attorney.
The Suffolk County Prosecutor's Office said last week that it's ready for trial.
"For a whole host of reasons, the court is not going to sever the trial. The indictment as well as the superseding indictments remain intact as to all victims and charges," said Suffolk County District Attorney Ray Tierney. "And then we had a very productive conference. Defense asserts they have a number of motions they wish to file. The judge gave the defense time to do that. As prosecutors, we anticipate those motions being fairly extensive."
Prosecutors who want one trial pointed to Heuermann's familiarity as a former seasonal Jones Beach employee.
From 1981 to 1984 prosecutors say Heuermann used to drive an all-terrain vehicle, going from field to field, to make sure beachgoers were off the property after the beach closed.
It's a role, prosecutors say, that made Heuermann extremely familiar with Ocean Parkway at night, which is the same spot where six of the bodies tied to this case were found.
"I think a big consideration by the court which was stated by their decision was that planning document and that planning document talks about murders that had occurred, and are going to occur in the future," Tierney said.
The defense had also sought, for a second time, to omit DNA evidence, arguing it was improperly collected. The judge declined that challenge as well.
Mazzei previously ruled the DNA would be admitted.
Also appearing in court was Heuermann's estranged wife Asa Ellerup and his daughter, Victoria.
"It's a difficult process because you have two young ladies who are emotionally distraught, this has destroyed their lives," said Robert Macedonio, Ellerup's attorney. "July 12, 2023, Victoria went to work, Asa was home as a housewife, their lives are never going to be the same."
Heuermann, 62, has pleaded not guilty to charges he killed seven women who authorities said worked as escorts. Megan Waterman, Melissa Barthelemy and Amber Lynn Costello were killed between 2009 and 2010. Maureen Brainard-Barnes was killed in 2007. Their remains were found near Gilgo Beach.
Jessica Taylor was killed in 2003, Valerie Mack in 2000 and Sandra Costilla in 1993. Partial remains of Taylor and Mack were found near Gilgo Beach and in Manorville. Costilla was found in North Sea.
Judge Mazzei did not set a trial date, pending the additional defense motions. The next court date for Heuermann is January 13, 2026.
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