fox news alert, you are looking live at a new york courthouse where the suspected gilgo beach serial killer is expected to face a judge for the very first time since his arrest last month. 59-year-old rex heuermann is charged with killing three women who disappeared over a decade ago. their bodies found along the coastline of long island. sandra smith in new york. welcome as we begin a brand-new hour. trace. great to have you today. >> trace: i'm trace gallagher in for john robbers. exclusive pictures inside the home after the 12 day police search. >> sandra: they found material, including hundreds of firearms stored inside a basement vault. experts say evidence may not be enough. >> it's likely they are going to need more. evidence culled over a period of almost a decade.

the case, i know it seems damning, it's not open and shut by any stretch of the imagination. >> trace: fox team coverage with brian foley and phil holloway, but bryan is in riverhead, new york. what can we expect in court today? >> trace, good afternoon. right now this preliminary hearing is expected to start right now. we know that the suffolk county district attorney and his team have made their way inside of that courtroom. we also know that neighbors that lived in rex heuermann's neighborhood in massapequa park, long island have made their way in, as well as the family of some of the victims, including the sister of melissa barthelmy, the first victim whose remains were found in 2010, and the

fourth victim that prosecutors say they are confident they'll be able to link and eventually charge rex heuermann with that death. cameras are not allowed inside the courtroom but we have that live feed of the hallway and rex heuermann was brought in through a secure area. the jail is directly behind this courthouse. he's been in that jail for over two weeks now. and we are told this hearing should not take long. defendants don't normally speak during this hearing. this is the first time that he will be facing the judge that will be presiding over his trial. we should -- we could start to get a better understanding of the trial schedule today. again, you have mentioned this trial will include a massive amount of evidence. there is the witness who says the killer drove a first generation chevy avalanche they say heuermann owns. the stash of burner phones and cell phone data that prosecutors say connect heuermann to the

murders. there is also the phone calls he allegedly made using the victims' phones to the victims' own family members to taunt them. here is the suffolk county district attorney discussing this evidence and just how long they have been looking at this evidence since the task force was formed last year. listen. >> i got on the case in january 2022. we formed our task force in february and we worked, i can't say what happened before me, i can say that the reason why we were real successful, we had a bunch of talented investigators from a bunch of different agencies working together day in and day out. >> we are just told the judge has taken the bench. we'll give you information as we get it. we have a producer in the courtroom. also a still photographer that will give us photos as soon as this is done. but i think it's important to mention here, trace, the names

of those victims melissa, megan and amber, and they believe heuermann not only murdered those three women but they believe they can connect him to the fourth woman of maureen braynard barnes. important to remember the families have been waiting more than a decade, more than 12 years to see this man in a courtroom. the man who allegedly killed their family members. trace. >> trace: bryan, back to you as the news breaks, thank you. >> sandra: brian foley, retired homicide detective, so many questions even following the latest details from this. we'll get any word the suspect is indeed in that courtroom. i'll ask you about today. but first, as they continue showing the pictures inside that house, outside that house, you know, you see the wife, you see the son, the daughter, is there any concern that they could have known something or they could

have said something sooner? you could go as far as to question whether or not they were involved in any of this. but where does all of that stand right now? >> as any homicide detective with anything similar to this, they want to look at the wife and the family members, do they have any information that's valuable to the investigation. >> that's a new bathroom, you have workmen in the house coming and going, there has to have been at some point somebody who saw something going on unusual. >> the homicide detective in me tells me why are they renovating the bathroom, when are they trying to clean up and get rid of. you are always looking at that kind of stuff but you want the family members, a, provide valuable information and also remember her hair was found on two of the victims as well. so you want to clear her, you'll want to talk to her. whether or not they have interviewed her yet or not i'm not sure but she would provide a rot of valuable, if she were cooperating, a lot of valuable

information. the children one, with special needs, the daughter is of age, they could talk to her if they wanted to try to get information from here, but really it would be -- you would be interviewing them to find out where there might be more information or his behaviors or his habits. >> sandra: so you see the cameras, remember this moment. the last time we saw him, he was walked out of a precinct on his way to a van to be taken over to the courthouse, we won't see him this time. >> i think those are two of the lead detectives holding him, and that's what they do, lead detectives walk him out. you might see them in the courtroom. today's hearing will be something different. if you remember, two weeks ago, some defense attorney got a call from this guy that is saying hey, i got arrested, i need an attorney and had to show up in court to discuss bail with the judge. it's a lot to discuss and talk about and he doesn't know anything about the case, considering the extent of this case he needed some time, so they gave him roughly two weeks now, now he's going to come back

and argue that his client, rex heuermann, should be allowed bail and given the opportunity for bail to get out of jail today. >> sandra: we know there is evidence, the distinctive gar, geo located to the driveway, google earth picture in the driveway of the chevrolet avalanche, the burner phones, taunting calls, pretty bold and out there with what he was doing, and red flags along the way. explicit online searches, the wife's hair found on the bodies and then of course what ultimately led to his arrest, dna they recovered from the pizza box. they have a lot here. >> what you are going to see in the bail application, a bare bones, assuming what the arrest warrant will be. and with each bit of evidence a dna lab tech, someone from the cell phone company, so a lot of things for a defense attorney to throw at these things and of course you know, you hear the

defense attorney say it's all circumstantial, they don't have any confessions, don't have any witnesses. look at the witnesses they have are cell phone towers and they are talking. the times have changed. this is not colonel mustard did it with the candlestick in the parlor, this is scientific. you have analysts, the new detectives, not like the cops on the streets working the case, they are combing through tons and tons of data from cell phones, internet service providers, so much information and this arrest warrant, my gosh, it's going to be tough for the jury to found the scientific or the data paths that are in the warrant. >> sandra: quickly, the suffolk county prosecutor earlier saying all this evidence connects him directly to the killings. listen. >> i think all of it connects. i think when you talk about the areas of interest with regard to cell site locations, massapequa park, midtown manhattan, where the defendant lived, where the defendant worked, the avalanche,

description of the driver of the avalanche, and of course the hairs. so, these are allegations but we look forward to proving them in court. >> sandra: ok. so, here is another day in court. we should know more shortly. >> he's to talk about the strength of the case, up to the jury to decide who can present it. a lot of evidence for them to really digest and decide is there a shadow of a doubt. i think they have overwhelming evidence. i don't think it's going to be nearly as close as people think. yes, it's a heavy lift for the prosecutors or the state's attorneys but i think they have enough to get him here between so much is circumstantial but boy, they tie in his i.p. address, tinder account, email addresses, cell phone, his cell phone is near the victims and the burner phones at the time it happened. the most simplified way to do it and it's going to tie in with maps. it's written out in the bail

application with pictures and maps and everything. but it's obviously pointing only at him. >> sandra: so we are being told right now by a producer in the courtroom, they can't bring the digital devices but can run out and convey some information, the judge has stepped out of the courtroom for a bit, so hopefully we know more soon, but there is activity. thanks for joining us. please stand by. >> trace: phil holloway, former assistant district attorney, great to see you. pick up where sandra left off, basically about the cell phone video, it fascinates for one reason. 20 years go back to scott peterson and the technology was rudimentary compared to what we have now and that was devastating just being able to use the cell phone tower tri angulation to identify the phones. they have done it in midtown manhattan with rex heuermann and long island, the burner phones,

extraordinarily valuable to prosecutors. >> trace, great to be with you as always. listen, this is a testament i think the value of a cold case unit can do. go back and reexamine, a fresh set of eyes on information that may have been available years ago but guess what, in today, in 2023, investigators are a lot more acustom to analyzing this cell phone data and digital information and they might just be able to better put it together to identify a specific defendant. listen, i think this case is reasonably strong. might be very strong depending on what kind of circumstantial evidence that can be developed because in addition to the dna, which is damning in and of itself, circumstantial evidence, if it's used right by a skilled prosecutor, can be some of the most powerful evidence presented to a jury. there are lots of people in america that are in prison for the rest of their lives or perhaps on death row on the strength of circumstantial

evidence alone. so if you've got this guy's cell phone located at the same place as the burner phones that are near where the crimes were allegedly committed, that right there is going to be enough i think to put him away for a very long time. >> trace: for the edification of the audience, phil, the whole dna thing, clarified this, a hair, a male hair found on one of the burlap sacks and matched the male hair to a crust of pizza that allegedly rex heuermann ate and left in his trash can. how powerful is that match, one, and also have two hairs from his wife on other burlap sacks. is this -- it seems to me like this is really difficult to overcome if you are a defense attorney. >> yeah, there's no good reason, trace, no legitimate reason for his dna to be on any of the bodies. that right there is very powerful. it's also i think shows the

value in old fashioned shoe leather detective work. this is where they followed him around and they looked for opportunities to get a current dna sample and they were able to then compare it. dna has come a long way, so has digital forensics. 10, 12 years ago might have been more difficult to make but 2023, advances in dna and other evidence, the prosecutor has a powerful case and it's only going to get perhaps even stronger. the investigation is ongoing. they have mountains of evidence that they need to go through that were taken from the home and if they find any more trace evidence it's another nail in the coffin. >> trace: as jonna spilbor pointed out, these were sex workers and the defense will say recollection heuermann had sex with these women and that's how the dna got on the bags and the

women. and that could pose a hurdle for prosecutors. >> that's true. but these are the women who were murdered, the ones who were killed and he is the common denominator between all of these women. so just because he can't really use the excuse just because he was a john that explains his dna. to me the fact that the women that he associated with as sex workers, they all wound up dying, that's what makes this unique and that's what allows investigators to 0 in on this individual customer. >> trace: phil holloway, great information as always. thank you, sir. it's interesting, you have to forget that you go back and on his computer, they took the computer out of the vault, also 2 to 300 weapons, 92 were registered, but on the computer rex heuermann had done 200 plus searches for the gilgo beach murders, looking for information constantly looking to see if they can find some information on that. so, that's also a fascinating part of this.

>> sandra: there's a lot there, led the suffolk county prosecutor to say the evidence connects him to the killings. we still don't know if he's in the courtroom yet, he very well could be but the judge stepped aside for a moment. these things can move quickly, sometimes slowly, we just don't know. we are sort of on stand by to see what's going to happen there live in riverhead, new york. keep our eye on the scene there. >> while i'm driving and pull me out of car at gunpoint, what are we doing to address this? and how do we solve this? nobody feels safe. >> sandra: an oakland resident describing her scary encounter with crime. a town hall with the county district attorney. now the naacp is blasting progressive policies and asking for a state of emergency. >> trace: plus a major step for north dakota governor doug burgum as he secures a spot on

the debate stage. how will he make the case he is the right candidate to take on joe biden? the 2024 hopeful will join us to talk about his campaign coming up.

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there is a separate entrance. so vague details as this is all underway in riverhead, new york. we'll keep you posted. >> trace: the oakland chapter of the naacp is calling for a state of emergency in rising crime. it writes failed leadership, progressive policies and defund the police movement caused the chaos. claudia, what is their argument for a state of emergency exactly? >> well, trace, they argue that oakland's crime wave amounts to a public health crisis and a state of emergency would pressure city leaders to do something because right now the group says the city is not hiring enough police officers and they are not doing enough to help keep oakland's young people out of trouble. now, in an open letter also blasting the progressive district attorney, pamela price, saying her unwillingness to charge and prosecute people who murder and commit

life-threatening serious crimes and the problem proliferation of anti-police rhetoric have created a heyday for violent criminals. carjackings and home invasions are up, too, with police telling residents they should install security cameras and protect themselves. with you says a state of emergency is vague and offers no real solutions. >> i think we all know there is a problem, no one is denying that. if there is specificity of do this or that, then i can react to that. >> some are taking matters into their own hands. a grandmother at this home reached for her gun and fired it at a couple of intruders who broke into her bedroom last week. they got away, no one was hurt. and, a group is gathering signatures now to try to recall that controversial district

attorney, pamela price. oakland voters could follow the lead of san francisco voters who last year voted to recall their progressive district attorney when they felt crime was out of control and criminals were not being punished. meanwhile, we did reach out to city hall, but no comment from the mayor's office so far about declaring a state of emergency in oakland. >> trace: claudia, thank you. >> sandra: biden administration assault on household items continues. starting today, manufactures, retailers are blocked from selling incandescent and similar halogen light bulbs, also targeting, wait for it, your pickup truck. 10% fuel efficiency improvement per year beginning in model year 2030 and ramping up through 2035. meantime, the cost of gas is on

the rise, the average price 3.78, up 15, almost $0.16 from last week. and $0.25 from just one month ago. not to be ignored, that is a big difference to a lot of american families, a lot of businesses and workers filling up their gas tanks a lot, that matters, trace. >> trace: and outside the door, it's almost six bucks a gallon, just saying. and you can go after a light bulb and get some pushback, you go after somebody's truck -- it not going to be good. >> sandra: crosses the line. >> trace: it's not going to be pretty at all, sandra. >> america needs 180 degrees change from the direction joe biden is taking us. he's wrong on the economy, wrong on energy and wrong on national security, which includes food security and border security. he's just plain wrong. >> sandra: that's friday in des moines, iowa, 2024 gop candidate

doug burgum calling out president biden's energy policies saying if we really cared about the environment, we should want every last drop of energy to be produced right here in america. >> trace: would a burgum administration be able to unleash america's production and significantly lower prices at the pump? we'll ask the north dakota governor about the plan and if he says his message is resonating with enough gop primary voters. primary voters. cler cler the grocery store and the gas station alone . e taking a big chunk out of our paychecks. fortunately, you've earned the valuable va home loan benefit. the newday100 va loan lets you borrow up to 100% of your home's value, not just 80%. and with home values near record highs, that could mean a lot of money. let newday turn your home's equity into cash. (vo) verizon small business days are coming. from august 7th to the 13th.

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iowa, putting him in a pack, and offering americans 20 bucks in e change for a dollar campaign donation, he's racking in donors. joining us now at 2024 gop candidate doug burgum. pleasure to have you here, governor, thank you nor joining us. i'll ask you question so many were asking, who is doug burgum? >> well, sandra, first of all, great to be with you and we are very excited to be on the debate stage. we just launched just under eight weeks ago. already meeting the polling criteria, i want to thank the 50,000 donors that have supported us so far. but we are excited to tell our story. i'm a small town kid from a small town in north dakota, built a business from scratch into a billion dollar company, and opportunity to lead global companies, we built it with small town kids and now have an

opportunity the last six and a half years to lead north dakota and we have cut taxes, eliminated red tape, closed define benefit pension plan people have been trying to get done 30 years and on track to have the highest gdp of any state in the nation. we know we have a great story to tell and talking about the three things where the biden administration is headed in the wrong direction. the economy, national security, intertwined and as you were talking earlier. >> sandra: very interesting. >> 10% tax on pick-ups -- >> sandra: i want to make sure we get to a lot here. can your small town message resonate across the country? i know what you did there was really successful. can you make that economic message appeal to a broader audience nationally? how do you do it? >> an listen to your own show what you were just talking about, sandra, talking about all the issues in big cities. i think most americans think if

we had some small town common sense applied to the big cities, washington, d.c., it would be absolutely great for america and the businesses have not just been national, they have been global. i understand how to operate in a global environment with my technology background. every technology changing every job, every company and every industry it has not changed government. barely changed healthcare. education is stuck in the past. all of these things can be made better and more efficient if we are smart how to apply it and we have to have a lower cost of government, return the power to the states and have somebody who has some private sector experience, we know we can improve every american life if we get the economy and energy and national security right. we know we can bring out the best of america. >> sandra: i mentioned earlier in a tease that you were coming on the show, maybe you heard me, maybe you didn't, i'll ask you now. a big hurdle that you have in this race is former president donald trump, of course, he is the front-runner, latest "new

york times" poll for the gop nominee has him overwhelming 54% right now, desantis at 17% as we mentioned, you are in a pack, 3% for pence, scott, haley, by some polls you are right there, ramaswamy 2%, and christie 2%. you exchanged endorsements with the former president in 2016 and 2020, a good working relationship with him but you have said since you have announced you are running that you plan to showcase your own personality as a contrast to the former president. how do you plan to distance yourself from the front-runner that you've endorsed twice? >> well, i think there's a lot of people in america that voted for president trump in 16 and 20 like i did, campaigned for him, that are now looking to the future and i think again if we are -- in our campaign right

now, we are focused on ourselves. we can't control what other candidates are going to do, but if we are talking about a positive vision for our country and what we are going to do to change the lives of every american that is resonating. i'm competing against people who have held national office and name recognition, but they are looking for a business leader, a governor who has proven they can get things done and knows how to inspire people and leads with character and integrity and can actually get things done to this country. we have unlimited potential as a country and big challenges. the challenges that are not within the fighting and the primary. the challenge we have is we are in a cold war with china and actual proxy war with russia and that's the things we have to focus on right now. because you talk again, the pick-ups, 10% surcharge, that's attack on internal combustion

liquid fuel, attack on rural america. >> sandra: and attack on pick-up truck owners, a lot in your state. >> there is. and if you want to replace this with electric batteries or e.v. vehicle, and 85% of the rare earth minerals come from china, it's china created the biden energy policy. >> sandra: the key question, can you win? >> absolutely. we would not have got in the race if we didn't have a plan how we can win in november of 24. we know how to beat biden and reach the voters in the republican primary states. north dakota, very red state. we know iowa, new hampshire, like home to us. and as we met people -- >> sandra: time running out, can you climb that quickly? >> absolutely. look at the stats from other years in the past. candidates that ended up winning the nomination, including the president himself was polling at 1% when he started his journey

in 2015. absolutely plenty of time. yeah. this is like trying to say that the super bowl has already been won and we have not even started the preseason. the voting starts next january. we know we have plenty of time and with the start we are off to right now, we could not be more excited about it. >> sandra: interesting stuff. people did not know who doug burgum was, they know a whole lot more about you now governor. thanks for coming on the program. >> thank you, sandra. >> sandra: appreciate your time. we'll be watching. >> trace: bret baier, anchor and executive editor of special report. interview was telling, you see governor burgum, huge successful business backgrounds, now a governor, so he knows how to govern a state and setting himself apart by the economy, energy, and national security, the three prongs and staying clear, trying to stay clear from the inner political, the inner

party battles and focusing on joe biden. what do you think? >> bret: nice job, the question who is doug burgum, a lot of republican voters were asking, his name was bubbling up, came up with the idea to get the donors he needed and the numbers from the rnc guidelines for the debate, he's on the debate stage, give him that credit and i wouldn't look away from governor burgum. he's very successful in north dakota, very successful businessman and he is being accepted in new hampshire as an alternative because he is showing up in local polls there in new hampshire on the ground after meeting with folks and being in their living room as new hampshire is one to do. >> sandra: very interesting stuff, bret. and your interview with ron desantis, obviously getting a lot of attention, just here is a bit of that interview on former president donald trump's campaign spending and his

attacks on desantis in that interview. listen. >> that was a lot of money for local, second biggest expense was almost 25 million attacking me. >> one was a leader and one let us down. >> he started attacking me before i'm a candidate. i'm down in florida, doing win after win, i mean, second amendment, school choice, tort reform, a massive string of successes and he's running commercials, you know, smearing me and like is that really the best use of money? we want to be using that to face biden. i don't have confidence in the doj or the fbi right now, and i know most republicans don't. and we have to fix that. so, that's first thing and they will get that with me. second thing is, if this election is about biden's failures in our vision to get the country in a better spot, we are going to win. >> sandra: quite an exchange there, bret. what was your take away? >> bret: he was fired up, ready to go. we talked a long time about a lot of things. i did come up to the fact polls

are no joke, you are down by 20, 30, 40 points, and the latest 1, 57 to 17, that's not small potatoes but he is looking at it as a long-term process on the ground in the early states. he has to because his campaign is in, you know, flux right now. they are doing a reset, he fired a third of his campaign workers and i pressed him on that, seems he is digging in and what he was talking about there is the former president spending campaign funds on legal fees but he's pointing out that it's not as much as he's already spent on ron desantis's head. >> trace: seems he want to put the focus on president biden and gets bogged down in the social and cultural issues and the bickering with the former president. "the view" hosts had this to say about the slavery education.

>> he doesn't want the black vote, he knows he's never going to get it. he says a lot of racist things. >> when a black person tells you this is their lived experience it is, so you should listen. he doesn't care about those votes. >> trace: spends a lot of time dealing with these kinds of issues, bret. >> bret: by choice, though, trace. and his campaign has chosen on a number of fronts online and other ways to be in these culture wars. he doesn't like calling it that, he's made that a point of it, says this is important to parents, important to defend his state on these attacks from what he called vice president harris coming down and making this attack on the slavery curriculum and -- but he pushed back and i specifically mentioned senator tim scott, representative byron donalds from florida who have real problems as successful black republican politicians with the way that he's talking about it.

so he stuck to his guns and we'll see what voters decide about it. >> sandra: all right, bret. that makes for a very interesting show. you'll have tonight special report 6:00 p.m. duty calls. >> trace: bells, it's time, time is up. next interview. >> sandra: quick alert to the courtroom out on long island where the gilgo suspect just appeared in that courtroom before a judge. as you can see, the reporters have been leaving that courtroom over the past couple minutes or so, the hearing is over, we are told. so we are waiting details and what emerged from this. but just saw all the reporters fleeing the room, of course to their devices so they can communicate what exactly happened. we'll have an update for you on the gilgo suspect after the break. trace. >> trace: yeah. as someone living with type 2 diabetes, i want to keep it real and talk about some risks. with type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. even at your a1c goal, you're still at risk ...which if ignored could bring you here...

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>> sandra: just a moment ago the live pictures we saw the d.a. exiting the courtroom in riverhead, new york, let's get to bryan live outside the courthouse. we could see somebody step up to a microphone shortly, but what are we learning happened in the courtroom so far, bryan. >> look, this was supposed to start at 2:00, the attorneys stepped out about 2:07 for a half hour delay, don't know what the discussion was between the attorneys and the judge. they came back into the courtroom and rex heuermann was in the courtroom 5 to 10 minutes in the hearing, and in that hearing the district attorney's office said they will be turning over "hundreds of hours" of video over to the defense specifically also videos pertaining to the victim megan waterman, and say they have lots of photos, obviously we have talked about the massive amounts

of evidence that the prosecution has. that evidence is supposed to be turned over to the defense by september 27th, we are told, and that is when the next hearing will be in this case. in terms of rex heuermann's demeanor, he was wearing a black jacket, a blue shirt, as well as khaki pants. a black suit jacket. he was staring straight ahead, no emotion whatsoever from what our producer tells us. he said nothing, we were expecting he would not say anything in this type of hearing and the hearing came to an end. so, at this point we have what appears to be obviously the attorneys walking out to our cameras, array of media out here ready to hear what the suffolk county district attorney has to say following this, about a 5 to 10-minute commentary -- >> sandra: he is speaking now, thank you.

>> we had -- we just had our first court conference subsequent to the arraignment. in new york state we have a very extensive discovery statute which we are endeavoring to comply with with the work and defense counsel. this is a 13-year case. as you saw, we have a great deal of information, evidence, photographs, reports to provide to the defense counsel. we have begun that process. i think it was eight gigabytes of material, a tremendous amount. and that's just the beginning. we are going to continue to do that on a rolling basis and you know, these -- this case, the charges in the indictment are just allegations, so this is the first step in the process of proving those allegations, so we look forward to undertaking that

process. you know, we have spoken to the victims, the victims are not -- they have elected not to make any statements to the media at this time. they want to maintain their privacy. they are obviously interested in the case but they are not going to be speaking to the media. so that's about it. [indiscernible] so you know, as you can imagine, it's a very personal thing for the victims' families. so we are going to support the victims' families. they make the decision what they do, where they go, who they speak with. so, i would never speak for the attorneys, i'm sorry, the victims' families other than to say we are going to support them in whatever it is that they want to do. >> are you aware if they were here today? >> there was some victims

here -- family members of the victims who were here today. i'm not going to discuss that. >> can you explain the order of protection you got the defense attorney to agree to? >> there are certain conditions with regard to the disclosure of materials and you know, that's something that was worked out between the court, defense counsel and ourselves, and that's standard procedure. it's -- and it's under seal. >> you said it will take a whole month to go through. >> i'm sorry? >> you say a whole month to go through. >> 13 years worth of investigation, i'm not going to speak for defense counsel but suffice to say, it's a massive amount of material and it's continuing because the investigation is continuing, so we are talking about a massive amount of material. >> any update -- >> we understand you want to

keep it in place and [indiscernible] may have been found on highways or roadways where heuermann may have lived or where he may have frequented, are you getting new tips that are valuable to you? >> we receive tips on -- in all cases at all times. we take those serious and we work through them. but we maintain the confidentiality of the investigation up until the time we can bring charges. >> can you say what was discussed in chambers in the long conference? >> basically what i just spoke to you all about, which was 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 could understand what they get and we are able to catalogue and identify, you

know, what exactly it is we provided. >> you say that you have -- last time you say it was -- the dna for the fourth victim -- >> the investigation is continuing but you know, once that investigation is concluded we'll have more to say. but that investigation is ongoing. >> last week you said the schools of evidence gathered at the massapequa home would take time to sift through. how much landed over today is from last week's search? >> it was placed on the record specifically what we turned over, which is part of the court record. i don't think anything specifically from the recent searches has been turned over. >> some reports the ex-wife is upset the way the house was turned upside down. she may try to bring a case. what he is your response to that. >> she can pursue whatever remedies she feels are necessary. >> if things are proceeding as they have been, do you

anticipate a trial? you do not anticipate a plea deal? >> i don't anticipate anything. i anticipate we have to show up every day, 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 like any other case. [indiscernible] >> i've led many cases, last one in 2019, this is what we do as prosecutors. >> you might go before the grand jury to seek additional charges in this case? >> as we have said. we worked through the grand jury process. that grand jury process is continuing. the good thing about the grand jury process, we can subpoena witnesses and evidence but it's also secret. so we'll maintain the secrecy of that grand jury until the grand jury has acted. >> when is their term up? >> we are not going to discuss specific terms with regard to this or any other grand jury. [indiscernible]

>> what needs to happen between now and then, we need to comply with the discovery requirements, we are working with the court, working with defense counsel. that discovery is going out on a rolling basis and as was indicated in court, it's a tremendous amount of material. so we are going to continue to provide that. obviously, you know, the defense is going to need time to digest all of that which we are given. >> you anticipate a date for the end of discovery? the process is going to take a while. >> it's going to take a while and we just need to be productive and that's something that we will work out with regard to the court and counsel. >> when you spoke before and said nothing jumped out initially from what you took from the home, has that changed? >> so when i say nothing jumps out, i mean you wait until all the facts are in and then you draw conclusions from those facts. we still have to continue to wait for all of that, not only

the cataloguing of the evidence, but all of the testing, including forensic testing to get done, which unfortunately, you know, unlike sometimes on tv it does not happen overnight. >> [indiscernible] >> it varies, it depends upon what you are talking about. is it dna, some other analysis, mitochondrial dna, nuclear dna, it's dependent on the facts and circumstances of each individual piece of evidence. so we have to wait for the process to play out. certainly weeks. >> some of the dna evidence is over a decade old. how confident are you of the methods the lab is using, some untested, some more modern, and being clear. >> extremely confident. it's all been tested, all been deemed admissible in courts of law across the united states, we are confident in our science. >> and as far as the victims go, how many families were here to support -- supporting three of

the victims, how many different families are we talking today? >> that's a tough question to answer because i think there are people physically here, i can tell you that we have a great dialogue with all the victims' families and they are all supporting in one way or the other. so i'm not going to get into specifics with specifically who is here and who is not here, but what i will say is the victims' families are interested and engaged. >> can you give us some idea of the timetable and handing over discovery -- [indiscernible] >> what we have said is a rolling basis, and what that means is when you are talking about this massive amount of material we are just basically starting and then, you know, culling the material, providing it, and then sort of repeating the process. but there is -- it's a massive amount of material. >> can you say anything about the fourth victim, close to filing charges in that case? >> the investigation with regard

to all of the remaining bodies on gilgo is continuing. >> is the wife cooperating? >> we don't speak about anyone who talks to us with regard to our investigations. we maintain the confidentiality of anyone who may or may not be talking to us. >> the wife said that her home and her life is in turmoil specifically after [indiscernible] >> nope. >> how many victims have family representatives here, just the number? >> so again, i'm not going to speak to the victims. the victims are -- they'll speak for themselves. >> not their names, how many? multiple, more than one? >> more than one, but i'm not going to talk about the victims. >> surveillance video -- [indiscernible] explain what that is in reference to? >> i believe some of that video pertains to the motel that ms.

waterman was staying at shortly before her disappearance. >> can you tell us what will happen on the 27th? >> basically what happened here. it's just a repeat. there will be obviously the defense will have the opportunity to provide, to go through what we have provided. we are going to be continuing to provide on a rolling basis, so it will be just the opportunity for us to continue the process with defense counsel as well as being able to inform the court of our progress and status of the case. >> the families make any request of you or you give any message to them you can talk about? >> you know, i -- the families have opted not to speak at this time, and i certainly respect that. and again, you know, we don't dictate to our victims any particular message that they should or shouldn't be giving. so i think that's it. but thanks all for coming and you know, we'll see you back on the 27th.

thanks. >> thank you. >> that's that. brian foley is here in the studio. some victims families, they don't want to speak to the media. this is an incredibly private matter. they have interests, they're there. the investigation continues. the d.a. confirms -- reminding everyone, these are still just charges. allegations at this point. this is the beginning of the process of proving the allegations. your quick take-away. >> there's discovery rules. the cops have to turn over their evidence to the defense team, this is the cat and mouse between the prosecutor and the defense attorney, this is mountains and mountains of evidence to go through and it keeps coming in as they process stuff. more to come. this is just rule of how we're going to go forward. >> sandra: it's interesting the question about the wife not being happy about the evidence. trace? >> you think defense should have

fought for bail? >> i don't think they would have had enough information at this point. that's why they want the discovery of the evidence. >> sandra: thanks for your brevity. that does it for us. thanks for tune, in. thanks, trace. >> i'm trace gallagher. "the story" with martha maccallum starts right now. >> martha: well, hello there, everybody. good afternoon. i'm martha maccallum. breaking right now on "the story," rex heuermann, the suspected serial killer who flew under the radar for years on long island in new york facing charges today as he faces murder charges in the grisly deaths of three young women. he also is the prime suspect in the murder of a fourth woman. their bodies with several others were found spread across a stretch of road near gilgo beach in a cold case that put that area on edge for over ten years