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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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niks technology limited (543282) signs major deal ✌️【Resume】✌️ Free stock market analysis and data updates to help you select the best investment portfolio. Achieve steady growth and avoid losses with expert predictions and real-time market insights. The defense argued that the court lacks the authority to relinquish them to Nassau police, because there has not been a request for the property from the other court, which is required. They also stated there is no matter currently pending before any court in Nassau County related to the seized guns and ammunition, another requirement, according to the defense motion.
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.
niks technology limited (543282) signs major deal ✌️【Resume】✌️ Real-time stock indices and futures data to help you seize the best investment opportunities. Analyze market movements with precision and grow your portfolio with expert stock predictions. Separately, Heuermann appeared in court Wednesday for ashort status hearingon his upcoming trial. He told the judge he has been able to review case evidence in his cell and he had been averaging “two to three” hours of reviewing.
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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