"I Anticipate That We Have to Show Up Every Day": The District Attorney After Rex Heuermann's Court Appearance, 2023

Name: "I Anticipate That We Have to Show Up Every Day": The District Attorney After Rex Heuermann's Court Appearance, 2023
Uploaded: 2023-08-01T00:00:00Z
Duration: 11 min 9 s
Description: CBS New York's live coverage of Suffolk County DA Ray Tierney taking reporters' questions outside court in Riverhead on August 1, 2023, after Heuermann's second court appearance: discovery, the victims' families, the grand jury and forensic testing.

CBS New York's live coverage of Suffolk County DA Ray Tierney taking reporters' questions outside court in Riverhead on August 1, 2023, after Heuermann's second court appearance: discovery, the victims' families, the grand jury and forensic testing.

Subject: Rex Heuermann
Recorded: August 1, 2023
Runtime: 11:09

Content warning: Refers to the murders of women. No graphic detail.

The Interview

This is not an interview, and Rex Heuermann does not appear or speak in it. It is CBS New York's live coverage of Suffolk County District Attorney Ray Tierney answering reporters' questions outside the courthouse in Riverhead, New York, on August 1, 2023, after Heuermann's second court appearance. The reporters are off-camera and many of their questions are only partly audible.

Historical Context

Heuermann, an architect from Massapequa Park, was arrested on July 13, 2023, and charged with the murders of Melissa Barthelemy, Megan Waterman and Amber Costello, three of the women whose remains were found along Ocean Parkway near Gilgo Beach in 2010. At the August 1 hearing, before Judge Timothy P. Mazzei, prosecutors began handing the defense the evidence in the case; Court TV reported at least 8 terabytes of material, including about 2,500 pages of records and about 100 hours of surveillance video. Prosecutors had already named him, in July 2023, the prime suspect in the death of Maureen Brainard-Barnes. Heuermann did not speak at the hearing; his lawyer said he denied the charges.

Circumstances

Tierney spoke to reporters outside the court after the hearing. The station's on-screen caption calls it a briefing after Heuermann's "arraignment"; it was in fact his second appearance, the first since his arraignment on July 14.

What the Recording Covers

Tierney explains New York's discovery law and calls the matter "a 13-year case," saying the evidence will be handed over on a rolling basis. He says the victims' families have chosen not to speak to the media, declines to discuss the sealed conditions on disclosure, and says tips are handled confidentially. Asked whether he expects a plea deal, he answers, "I don't anticipate anything. I anticipate that we have to show up every day." He says the grand jury process is continuing, that forensic testing, including mitochondrial and nuclear DNA, will take "certainly weeks," and that he is "extremely confident" in the science. He says the investigation into the remaining Gilgo remains is continuing, that some surveillance video relates to the motel where Megan Waterman stayed shortly before her disappearance, and that the parties will be back in court "on the 27th." Asked about reports that Heuermann's wife was upset at the condition of the house after the search, he says she "could pursue whatever remedies she feels are necessary."

What Makes the Recording Significant

It records the prosecutor's public position at the earliest stage of the case, including his answer on a plea deal, nearly three years before Heuermann pleaded guilty in April 2026.

Archival Importance

It is the original outlet's own upload of the full press availability.

Important Caveats

Heuermann does not speak, and at this date the charges were allegations, as Tierney himself says. Tierney says "eight gigabytes of material"; press reports of the hearing give at least 8 terabytes, so page copy should use the reported figure, attributed. The reporters' questions are partly inaudible and some are reconstructed only from the answers. Heuermann's wife is referred to but not named in the recording.

Cbs New York Announcer: This is breaking news.

Ray Tierney: In New York State, we have a very extensive discovery statute, which we are endeavoring to comply with, with the work of both the court and defense counsel. This is a 13-year case, so as you saw, we have a, a great deal of, of information, evidence, photographs, reports to provide to the defense counsel. We've, we've begun that process. I think it was eight gigabytes of material, which is a tremendous amount, and that's just the beginning. We're going to continue to do that on a rolling basis. And, uh, you know, these, uh, you know, this case, uh, the, the charges in the indictment are just allegations. So this is the first step in the process of, of proving those allegations. So we look forward to, to under-, undertaking that process.

Ray Tierney: Um, you know, we've spoken to the victims. The victims are not going to be making any, they've elected not to make any, uh, statements at this, uh, to the media at this time. They want to maintain their, their privacy. They are obviously interested in the case, but they're not going to be speaking to the media. So, uh, so that's, that's about it.

Reporter: [inaudible; the second machine pass has only "they want to be there for the family, for them"]

Ray Tierney: So, you know, I, as you can imagine, it's a very personal, um, you know, thing for, for the, for the victims' family. So we're going to support the victims' families. They make the decision as to what they do, where they go, who they speak with. So I would never speak for, for the attorneys, I mean, I'm sorry, the victims' families, other than to say, you know, we're going to support them in, in whatever it is that they want to do.

Reporter: Are you aware they were here today? [Whisper and second machine pass; not in the captions]

Reporter: There were, there were some victims, uh, there were some victims who were, uh, family, victim, of family members of the victims who were here today. [unclear whether this is a reporter's follow-up or the district attorney repeating the question]

Ray Tierney: I'm not, I'm not going to discuss that.

Reporter: [inaudible; a question about the conditions on disclosure of the materials is implied by the answer]

Ray Tierney: So there's just, there's just certain conditions with regard to, uh, the disclosure of materials. Uh, and you know, that's something that was worked out between the court, uh, defense counsel and ourselves. And that's, uh, that's, uh, you know, standard procedure. Uh, it's, uh, and it's under seal.

Reporter: [partly inaudible] ...take a whole month to go through? [Whisper only]

Ray Tierney: I'm sorry?

Reporter: [inaudible; the question is repeated off-microphone]

Ray Tierney: You're talking about 13 years' worth of investigation. Uh, so it is, I'm not going to speak for defense counsel, but suffice to say it is a massive amount of material. And don't forget, it's continuing, because the investigation is continuing. So we're talking about a massive amount of material.

Reporter: [partly inaudible] ...task force that's been in place, and we understand that you want to keep it in place and also expand your cold case [unit]. Are you getting tips about other victims who may have been found on highways and roadways here, where [unclear: "the women" (Whisper) / "human" (captions); possibly "Heuermann"] may have lived or where he may have frequented? Are you getting new tips that are valuable? [the words "new tips that are valuable" from Whisper only]

Ray Tierney: We received [unclear: "received" (both sources) / possibly "receive"] tips on, you know, all, in all cases at all times. We take those serious and we, we work through them. But we maintain the confidentiality of the investigation up until the time we can bring charges.

Reporter: [inaudible; the answer suggests a question about what happened in court]

Ray Tierney: It was, uh, basically what, what I just elicited, what I just spoke to you all about, which was, uh, the, the discovery schedule and the manner in which we were going to get this massive amount of discovery over to the defense. It has to be done in a way that makes sense for the defense, but also makes sense for us as well, so they can understand what they get, and we were able to catalog and identify, you know, what, what exactly it is we provided.

Reporter: Last time you said that it was some stories about the DNA for the four victims. Is there any progress about that? [second machine pass only; wording unverified]

Ray Tierney: So, uh, the investigation is continuing. Um, but, uh, you know, we'll, once that, uh, investigation is concluded, we'll have more to say. But that investigation is ongoing.

Reporter: Last week you said the [unclear: "schools" (both sources); probably "scores"] of evidence gathered at the Massapequa Park [home] would take time to sift through. How much of what was handed over today is from last week's search? [the last word from the second machine pass]

Ray Tierney: Um, so, uh, you know, it was placed on the record specifically what we, we turned over, which is part of the court record. I don't think anything specifically from the, the recent searches has been turned over.

Reporter: Some reports that Heuermann's soon-to-be ex-wife is upset at the way the house was effectively turned upside down. She might try to bring forward a case. What's your response? [Whisper and second machine pass; captions have only "report is upset at the way the house was upside down"]

Ray Tierney: She could pursue whatever remedies she feels are necessary.

Reporter: If things are proceeding as they have been, do you anticipate a trial? You do not anticipate a plea deal?

Ray Tierney: I don't anticipate anything. I anticipate that we have to show up every day. We have to, we have to comply with our discovery requirements, and, you know, we'll negotiate the case in good faith with the court and defense counsel and see how it plays out, just like any other case.

Reporter: [inaudible; captions have "yeah"]

Ray Tierney: I've, I've [unclear: "led" (all sources; possibly "tried")] many cases, uh, you know, last one being in 2019. So this is, uh, this is what we do as prosecutors.

Reporter: [inaudible; a question about the grand jury is implied by the answer]

Ray Tierney: Uh, you know, as, as we've said, we've worked through the grand jury process. Uh, that grand jury process is continuing. The good thing about the grand jury process is we can subpoena witness, witnesses and evidence, but it's also secret. So we'll maintain the secrecy of that grand jury until the grand jury has acted.

Reporter: [unclear: "What is your trouble?" (Whisper only); possibly "What is the timetable?"]

Ray Tierney: We're not going to discuss specific terms with, with regard to this or any other grand jury.

Reporter: [inaudible; a question about the next court date is implied by the answer]

Ray Tierney: So what needs to happen between now and then: we, we need to continue to comply with, uh, with the discovery requirements. We're working with the court, we're working with defense counsel. That discovery is going to be going out on a rolling basis, and as you know, was indicated in court, it's a tremendous amount of material. So we're going to continue to provide that. Obviously, you know, the defense is going to need time to digest all of that which we're giving.

Reporter: [partly inaudible] You had just made a date for the end of discovery? [Whisper; captions "for the end of the end of recovery"]

Ray Tierney: It's going to take a, a while, and we, you know, we just need to be, uh, productive. And that's something that we'll work out with regard to both the court and, and counsel.

Reporter: [partly inaudible] Nothing [jumps out] initially from what you took from the home. Has that changed? [Whisper has "Nothing ... initially from what you took from the home"; captions "initially from what you took from the home has that changed"]

Ray Tierney: So, so when, when I say nothing jumps out, I mean, you know, you wait until all the facts are in, and then you draw conclusions from those facts. So we still have to continue, uh, to wait for all of that. And not only the cataloging of the evidence, but all of the testing, including forensic testing, to get done, which unfortunately, you know, unlike sometimes on TV, it just doesn't happen overnight.

Reporter: How long does forensic testing [take]? [Whisper: "How long does forensic testing varies?"; captions "how long ... of Aries"]

Ray Tierney: [unclear: "Varies." (possibly the district attorney's first word)] Uh, it depends upon what you're talking about. Is it DNA? Is it, is it some, some other analysis? Is it, is it mitochondrial DNA? Is it nuclear DNA? So it's very, you know, it's dependent upon the facts and circumstances of, of each individual piece of evidence. So we just have to wait for the process to play out.

Reporter: [inaudible; captions have "at least"]

Ray Tierney: It's certainly weeks.

Reporter: [partly inaudible] ...over a decade old. How confident are you of the methods the lab is using, some of it untested, some of it more modern? [Whisper and second machine pass]

Ray Tierney: [unclear: "And being clear," (Whisper and second machine pass)] Uh, extremely confident. It's all been tested. It's all been, uh, deemed admissible in courts of law across the United States. So we're confident in our science.

Reporter: [unclear: "they hear Sporting Good for the victim is, you know, how many, how many days" (captions only); apparently a question about how many of the victims' families were present]

Ray Tierney: So that's a tough question to answer, because I think, you know, there, there are people who are physically here. I can tell you that we have a great dialogue with all the, the victims' families, and, and they're all supporting in one way or the other. So I'm not going to get into specifics with, with specifically, uh, who's here and who's not here. But what I will say is, uh, the victims' families are interested and engaged.

Reporter: Can you give us the idea of the timetable? [Whisper only]

Ray Tierney: So what we've said is a rolling basis. And that, what that essentially means is, when you're talking about this massive amount of material, we're just basically starting, and then, you know, you know, culling the material, providing it, and then, and, you know, sort of repeating the process. But there's, you know, it's a massive amount of material.

Reporter: [partly inaudible] ...close to... [Whisper has only "Close to"]

Ray Tierney: The investigation with regard to all of the, uh, the body, the remaining bodies on, uh, Gilgo is continuing.

Reporter: [inaudible]

Ray Tierney: We don't speak about anyone who, who, uh, talks to, to us with regard to our investigations. We maintain the confidentiality of anyone who may or may not be talking to us.

Reporter: [inaudible]

Ray Tierney: Nope.

Reporter: How many victims had family representatives here? Just the number. [second machine pass; captions "just had family Representatives here just the number"]

Ray Tierney: So I'm, again, I'm not going to, I'm not going to speak for the victims. The victims are, um, they're, they'll speak for themselves.

Reporter: [inaudible]

Ray Tierney: I'm not going to, more than, um, more than one, but I'm not going to talk specifically about the victims.

Reporter: [partly inaudible] ...video from the [unclear: "warden case" (Whisper); probably "Waterman case"], Megan. Can you just help explain what that is in reference to? [Whisper only]

Ray Tierney: I mean, I believe, I believe some of that video, uh, pertains to the, the, the motel that Ms. Waterman was staying at shortly before her disappearance.

Reporter: [inaudible; a question about the next court date is implied by the answer]

Ray Tierney: Uh, basically what happened here, it's just a repeat. Uh, they'll be, you know, obviously the defense will have the opportunity to provide, uh, to go through what, uh, we've, we've provided. We're going to be continuing to provide on a rolling basis. Uh, so it'll be just the opportunity for us to continue the process with, uh, defense counsel, as well as being able to inform the court of, of our progress and the status of the case.

Reporter: [partly inaudible; captions have "okay"] ...make any request of you, or you give any message to them that you can talk about? [Whisper only]

Ray Tierney: Um, you know, I, I, the families have opted not to speak at this time, and I, I certainly respect that. And again, you know, we, we don't, uh, dictate to our victims, uh, any, any particular message that they should or should, shouldn't be giving. So I think that's it. But, uh, thanks all for coming, and, uh, I, you know, we'll see you back on the 27th. Thanks. [About 10:57 to 11:00: music.]

Cbs New York Announcer: This has been breaking news. ---