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“In as much as Rex Heuermann remains incarcerated and his pistol license has been temporarily suspended, this Court should order the return of the seized property to a person designated by Rex Heuermann, individual or licensed gun dealer, who may legally possess the items,” Caponi wrote.

Heuermann, a 59-year-old architectural consultant who lived with his family in Massapequa Park in Nassau County, has beenbehind bars since his arrest in Julyon three charges of murder. He has pleaded not guilty to the killings of Melissa Barthelemy in 2009 and Megan Waterman and Amber Costello in 2010.

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In addition, the defense cited precedent in their motion, stating, “When property is no longer needed as evidence, the government must establish, in an appropriate proceeding, an independent interest to justify any further retention” and reminded the court that prosecutors said that they no longer needed the property as evidence.

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In court, prosecutors said they gave Heuermann’s legal team over 10 terabytes of information to review in August, including subpoenas and court records totaling roughly 8,000 pages. Prosecutors gave additional evidence Wednesday, including about 5,000 pages of evidence related to two victims, the grand jury testimony, police memo books from the search of his home and video surveillance.

Outside court, Heuermann’s attorney Michael Brown said his client has been an “active participant” in the case and “is doing the best he can.”

“He’s not guilty of this. Now, he has to sit in custody, be away from his family, be away from his wife and kids, not work, not produce for his family and support them and sit in a jail cell until this case comes to fruition,” he said.

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