The $1 million documentary film deal signed by the wife of Gilgo Beach murder suspect Rex Heuermann is in jeopardy as lawmakers rush to introduce new bills to prevent defendants' relatives from profiting from crime.
Asa Ellerup filed for divorce six days after Heuermann, 60, was charged with the murders of three sex workers whose bodies were among 11 found between 2010 and 2011 on the deserted stretch of coast near her Long Island home.
She agreed to take part in the mega-deal with NBC streaming service Peacock in which a crew will film her family during her husband's trial, which is scheduled to begin next year.
The deal has been condemned as “evil” by the families of the Gilgo Beach victims, who claim the documentary series will “re-victimize” and “re-traumatize” them.
This has led to two new bills aimed at changing New York's “Son of Sam” law, which prevents the families of suspects from profiting from crime. If passed, it would take effect immediately and cast doubt on Ellerup's approval.
The $1 million documentary film deal signed by the wife of Gilgo Beach murder suspect Rex Heuermann is in jeopardy as lawmakers rush to introduce new bills to prevent defendants' relatives from profiting from crime
Asa Ellerup filed for divorce six days after Heuermann, 60, was charged with the murders of three sex workers whose bodies were among 11 found between 2010 and 2011 on the deserted stretch of coast near her Long Island home
Ellerup agreed to take part in the mega-deal with NBC streaming service Peacock in which a crew will film her family during her husband's trial. Pictured: Television crew outside Suffolk County Superior Court, where Heuermann had a hearing on November 15th
Last month, film crews were seen following Heuermann's estranged wife, 59, and his two children, Victoria and Christopher, as they attended his arraignment hearing.
Authorities said Ellerup knew nothing about her husband's alleged murders and that money earned from the show will not benefit his defense because New York law prohibits defendants from selling their stories to the media.
However, two bills have been proposed to change the state's Son of Sam law and prevent suspects' families from profiting from crime.
“The amount of money that's being thrown here while the victims' families get nothing is just terrible,” state Sen. Kevin Thomas told CBS News.
“They only exploit their pain for profit.” He added that his law would close this loophole.
State Senator Fred Thiele Jr. said, “Why should the family or the ex-spouse also benefit from this crime? I think it’s an insult to the victim.”
The “Son of Sam” law was initially declared unconstitutional and changed.
Victims of crime are now informed about film and book deals so that they can claim the profits.
Ellerup arrived in court in November to hear evidence presented when her estranged husband was charged with murder over the deaths of three sex workers
Her son Christopher and daughter Victoria left the family home last month
Attorney John Ray, who represents the families of Gilgo Beach victims, praised the proposals.
'[Ellerup] is a ghoul and she feeds on the dead using their memories and the circumstances her husband caused that she may have a hand in,” he said.
But Ellerup's lawyer, Robert Macadonio, said: “It's a sad day in America when people are willing to trample on the Constitution to get press coverage.”
“Next they will try to control media coverage.”
Hofstra law professor Fred Klein added: “To the extent that the law applies to a family member who may have done nothing wrong, you probably have a significant First Amendment issue there.”
A Peacock spokesman said Ellerup “received no money for her participation, but rather a royalty for the use of her archival materials.”
It said it had “reached out to all of the victims' families to appear in the documentary, all of whom either did not respond or declined.”
Sherre Gilbert, the sister of Shannan Gilbert, whose remains were found in 2010 and led to the discovery of additional victims, expressed her shock on social media, saying: “Disappointed…disgusted…amazed…frustrated.”
“The way the media buys stories to further victimize, re-traumatize and exploit the families and victims of serial killers is evil!” she said.
Heuermann is currently being held in a Suffolk County jail in connection with three murders.
In July he was charged with the murders of Melissa Barthelemy, Megan Waterman and Amber Lynn Costello, who disappeared in 2009 and 2010.
Authorities said he was also the “prime suspect” in the murder of Maureen Brainard-Barnes.
The first victim, Melissa Barthelemy, 24, was discovered by Suffolk County police on December 11, 2010. The body of Megan Waterman, 22, was found two days later
Maureen Brainard-Barnes was 25 years old when she went missing (left). Amber Lynn Costello was 27 years old. Their bodies were found near Barthelemy's the same day
Police have released a long list of “red flags” that allegedly led them to Heuermann as a suspect. The first piece of evidence is a Chevrolet Avalanche that belonged to him and was linked by a witness to Costello's murder.
According to documents filed in Suffolk County court, investigators were then able to connect that car to Heuermann's cell phone records, which linked him to locations connected to the murders, which ultimately led to them obtaining a DNA sample .
Police say Heuermann used Melissa Barthelemy's phone to make taunting calls to her family from the victim's phone, made just steps from his Manhattan office.
After identifying Heuermann as the owner of the Chevrolet, law enforcement officers issued over 300 subpoenas, search warrants and other legal actions to obtain additional evidence.
Ellerup visited the Manhattan architect in prison for the first time last month and was seen appearing in court to “see for herself what will be presented in court.”
In August she was accused by lawyer Ray of being involved in the gruesome murders.
Police have found no connection between Ellerup or the couple's children and the murders. However, Ray claims to have witnesses who she believes could confirm her presence when Heuermann brought sex workers home.
He said her alleged presence when he did so suggested she may have had knowledge of the murders, a claim rejected by Macedonio, who said his client and her children were not suspected by investigators.
Macedonio said Ellerup was not in the area at the time her husband allegedly committed the murders.