Also being fought in court is the admissibility of DNA evidence tying Heuermann to most of the killings. Brown has argued that the technique used to link DNA obtained from hairs at the crime scenes to Heuermann has not been deemed admissible in New York state courts.

Defense attorney Michael Brown said Long Island prosecutors don’t have DNA evidence tying Rex Heuermann to the basement where he allegedly killed sex workers.

The lawsuit sought $5 million in damages from Suffolk County residents Lindsay Fenimore and C.D. Fenimore for the "severe and permanent personal injuries."