44: That Pesky DNA: The Downfall of Rex Heuermann

The world of forensic science, especially in recent years, has
played an instrumental role in solving the mysteries of unsolved
cases. The Rex Heuermann case is a prime example of this, with
DNA evidence under intense legal scrutiny.
 
In a recent episode of the "Hidden Killers" podcast, host Tony
Brueski engaged an attorney and former Federal prosecutor Neama
Rahmani in a deep dive into the significance of DNA evidence in
the Rex Heuermann case. The point of contention? A buccal swab
was initially denied, but the court subsequently mandated its
submission.
 
Rahmani began by emphasizing the profound impact DNA evidence has
on criminal cases. He shared, "The DNA's huge; it's everything.
That's what really broke the case. Obviously, we know it was the
vehicle and the roommates and that testimony, but the DNA puts
him and really his wife's DNA at the scene of multiple murders."
Rahmani suggests that the presence of DNA evidence in today's
courtrooms offers an almost irrefutable testament to one's
involvement in a crime, far from the days of the OJ Simpson case.
He highlighted, "Jurors, they all know how reliable DNA evidence
is and the fact that your DNA's there, you better have an
explanation."
 
The implications of having DNA at the crime scene, especially
across multiple murder locations, pose significant challenges for
the defense. Rahmani says, "Whenever you have multiple victims in
multiple scenes, it becomes tough." Moreover, the swabbing for
DNA, in this case, isn't protected by the Fourth or Fifth
Amendments. Rahmani continued, "You don't need a search warrant,
you gotta give up that DNA. You even give a sample when you're
arrested."
 
Given the gravity of DNA evidence, one has to wonder: what
defense strategies can be possibly employed? Rahmani has seen
various tactics over his career, from claims of evidence transfer
and planting to direct attacks on the reliability of DNA
evidence. However, he remarked on the overwhelming odds against
the defense, stating, "whenever you're dealing with a one in a
trillion chance that it's someone else's DNA. That's something
that's just very tough to overcome from a defense
perspective."
 
Brueski's probing led Rahmani to illuminate the daunting task
before the defense attorney. With terabytes worth of information
to sift through, including electronic evidence, cell phone data,
emails, and controversial computer content, it's not just DNA
that needs addressing. Rahmani commented, "There's just a lot for
the defense attorney to go through."
 
Given the preponderance of evidence against Heuermann, and the
grim realities faced by his defense team, many wonder if the case
will even go to trial. Rahmani, though acknowledging the initial
defense talks about the presumption of innocence, said he
believes the case can't truly be defended on its merits.
 
Rahmani also touched on the rarity of dealing with a serial
killer in the modern age, noting, "We haven't had a serial killer
in quite some time." He hinted at the complexities surrounding
the Brooklyn DA's handling of the case, suggesting that given
Heuermann's age and the severe nature of his alleged crimes, a
plea deal seems unlikely. Rahmani ended with a candid
observation, "This is a life case. There's gonna be no deal in
this case... I can see this being one of those cases... we're
gonna go through the motions of a trial, but I think the result
gonna be inevitable."
 
In this convoluted legal battleground, the Rex Heuermann case
offers a poignant testament to the power of DNA evidence and the
monumental challenges faced by the defense in an era where
science can unveil unsettling truths.
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