Connect with us

New York

The Polygon and the Avalanche: How the Gilgo Beach Suspect Was Found

Published

on

The Polygon and the Avalanche: How the Gilgo Beach Suspect Was Found

They called it the polygon.

Using phone records and a sophisticated system that maps the reach of cell towers, a team of investigators had drawn the irregular shape across a map of tree-lined streets in the Long Island suburb of Massapequa Park. By 2021, the investigators had been able to shrink the polygon so that it covered only several hundred homes.

In one of those homes, the investigators believed, lived a serial killer.

A decade before, 11 bodies had been found in the underbrush around Gilgo Beach, a remote stretch of sand five miles away on the South Shore. Four women had been bound with tape or belts or wrapped in shrouds of camouflage-patterned burlap, the sort that hunters use for blinds. They had worked as escorts and had gone missing after going to meet a client.

Each, shortly before she disappeared, had been in contact with a different disposable cellphone. Investigators eventually determined that during the workday, some of the phones had been in a small area of Midtown Manhattan near Penn Station, and at night they pinged in the polygon, mirroring the tidal movements of the 150,000 Long Island residents who head into Manhattan each day.

Advertisement

Last Friday, Suffolk County authorities announced that they had arrested a man who they believed had killed the four women: Rex Heuermann, a 59-year-old architect who had an office near Penn Station and lived on a quiet street right where they had expected to find him. He was charged with three of the murders, to which he has pleaded not guilty, and was named as the prime suspect in the fourth.

The arrest ended years of anguish for some of the victims’ families. But the investigation also raised an unsettling question: Could the authorities have solved the case years earlier?

The following account is drawn from a 32-page bail application and interviews with current and former investigators and Suffolk County’s top law enforcement officials.

The case had unfolded fitfully over more than a decade. But it took a new police commissioner and his task force just six weeks to uncover a crucial clue in the sprawling case file.

Working under Commissioner Rodney K. Harrison, the core group of about 10 investigators was drawn from his department, the sheriff’s office, F.B.I. and State Police and worked closely with District Attorney Ray Tierney of Suffolk County and his prosecutors.

Advertisement

They worked in a beige office, its walls covered with maps, photos and a giant timeline, scouring their suspect’s digital and daily life — email addresses, social media accounts, search history.

All the while, Mr. Heuermann was searching, too, asking Google the same question that so many of his neighbors had been asking each other for more than a decade: “why hasn’t the long island serial killer been caught?”

Picking up the trail of a serial killer is an exceptional challenge. The killer often has no personal connection to the victims. If the victims lived on society’s margins, months or years can go by before their disappearances are treated as serious matters — or even recognized as the work of a single murderer.

The realization that a serial killer was hunting on Long Island’s South Shore came in December 2010, when a Suffolk County police officer, John Mallia, and his canine partner, a German shepherd named Blue, were searching for a 24-year-old woman named Shannan Gilbert, who had gone missing in the area.

Instead, over several days they found four other bodies near Gilgo Beach. They had been placed roughly 10 yards from Ocean Parkway, the main east-west thoroughfare that traverses a barrier island off the South Shore. After they discovered the bodies, investigators searched for evidence nearby with meticulous care — “sifting the sand like gold miners around each body,” one investigator recalled.

Advertisement

Ms. Gilbert’s corpse and other remains, including those that the authorities described as a man wearing women’s clothing and a toddler, would be found along the same roadway over the following year. The grisly discoveries riveted the region as the police speculated that the killings might be the work of more than one person.

But the first four bodies — all petite women in their 20s who had gone missing in the previous four years — seemed linked. Investigators surmised they had been killed by the same man, in part because of the way the bodies were wrapped and their proximity. And there was reason to believe that a witness might have gotten a look at the man.

The last of the four to disappear had been Amber Costello, a 27-year-old with a “Kaos” tattoo on her neck who advertised on Backpage and Craigslist. Shortly before she was last seen in September 2010, a would-be client contacted her from a disposable cellphone and visited her at the West Babylon house she shared with three roommates, parking in her driveway, according to court papers filed after Mr. Heuermann’s arrest. He drove a vehicle with a distinctive look: SUV in the front, pickup in the back.

The driver was just as distinctive: hulking, in his 40s, with bushy dark hair and 1970s-style eyeglasses. A witness described him as an ogre.

But as soon as the would-be client paid Ms. Costello, a chaotic scene unfolded. A man “pretending to be the outraged boyfriend” rushed in, part of a ruse to steal the money, according to the court papers.

Advertisement

Startled, the hulking man rushed out of the house.

He did not disappear for long, though. He texted Ms. Costello asking for “credit for next time” and arranged another meeting, according to the court papers. Ms. Costello was last seen alive the next night walking out of her home, apparently to meet the man.

Not long after, a witness reported seeing a dark truck drive by.

The description of the vehicle in the driveway, a dark, first-generation Chevrolet Avalanche, ended up tucked away in the case file, the authorities said.

The fact apparently lay buried for years among hundreds of thousands of pages of interviews; telephone, travel and credit records; and endless tips as the Suffolk County police department and district attorney’s office endured years of turmoil.

Advertisement

James Burke, the swaggering police chief who had been running the department since 2012, was arrested in 2015 and later convicted on federal civil rights and obstruction of justice charges. He had beaten a suspect who had been arrested after stealing cigars and a bag containing pornography and sex toys from Mr. Burke’s sport utility vehicle. The subsequent cover-up ensnared the district attorney at the time, Thomas J. Spota, who also landed in prison.

The federal investigation into Suffolk County’s top lawmen spanned years during the Gilgo Beach case, a period during which both Mr. Burke and Mr. Spota had spurned help from the F.B.I.

After Mr. Burke’s arrest, the new head of the Suffolk County police, Tim Sini, redoubled the department’s efforts. Mr. Sini, a former Manhattan federal prosecutor, focused on tracking the disposable cellphones, hoping there were more clues to be gleaned.

F.B.I. agents in 2012 had already identified the area where coverage from four cell towers overlapped in Massapequa Park. By mid-2016, Mr. Sini had secured a court order for “tower dumps” — information on every phone that connected to particular towers in a given window of time.

Technology and software had advanced. And Mr. Sini had invested in a system that allowed investigators to “take the relevant areas,” as he told Newsday, and “shrink them to extremely manageable spaces.”

Advertisement

They whittled down the area to what they came to call the polygon, which left them with several hundred homes around First Avenue in Massapequa Park, law enforcement officials said.

A pattern emerged from the disposable phones used to contact the victims: In the evening, nighttime and predawn hours, some were in a small area of Massapequa Park, a person with knowledge of the investigation said. That’s also where the phone of one victim, Megan Waterman, was last logged at 3:11 a.m. on June 6, 2010, shortly before she disappeared, according to court papers.

During the day, the phones were used in Midtown Manhattan.

Among other communications that investigators scrutinized were sadistic, taunting calls someone made from the cellphone of one victim, Melissa Barthelemy, to her teenage sister shortly after she had disappeared in 2009. “Do you think you’ll ever speak to her again?” the person had asked in a bland, calm voice.

Those calls were also linked to cell towers near Penn Station, the court papers said.

Advertisement

For years, investigators looked for suspects who worked in Manhattan and had lived in the polygon. The going was slow, and though investigators expressed optimism they would find their man, they had little to show.

The big break came in March 2022.

Just weeks after the formation of the task force, an investigator found the witness’s description of the Chevrolet Avalanche in the case file, authorities said. Using a database that can search for vehicles by make and model without license-plate numbers, the investigator found an Avalanche linked to Mr. Heuermann in 2010, the year Ms. Costello went missing.

His name had never come up in the investigation as a suspect, officials said. His physical description matched that of the ogreish man who had rushed out of her house shortly before she disappeared: He was 6-foot-4 and heavyset. His office was in the patch of Manhattan identified by the sophisticated cellphone mapping.

And he lived in what investigators believed was their serial killer sweet spot: the part of Massapequa Park where they had begun drawing their polygon.

Advertisement

The Avalanche lead, said Mr. Tierney, the district attorney, had been “known pretty much from the beginning.” Mr. Tierney, who took office in 2022, said he did not know why investigators had not pursued it. He suggested that perhaps the detail hadn’t been deemed credible or had sunk in significance amid what seemed like more promising leads.

“There are piles of evidence,” he said. “What is credible, what’s not, what seems likely, what’s not — so it’s not as simple as it seems.”

But crimes are often solved by tracking down a vehicle, and cases often start with a car description. David Berkowitz, known as Son of Sam and perhaps the state’s most notorious serial killer, was arrested in the 1970s after the police found that he owned an illegally parked Ford Galaxie that had received a parking ticket near one of the shootings.

In the Gilgo Beach investigation, the critical clue had fallen through the cracks.

“If they knew about it then, a major mistake was made in not tracking down this car earlier,” said Rob Trotta, a former Suffolk County detective and a current county legislator, who said he expects to make an official inquiry into what happened.

Advertisement

Dominick Varrone, the former chief of detectives who oversaw the first year of the investigation, questioned whether the Avalanche clue had actually been in the case file, but added, “I will feel very, very badly if our team missed something.”

“I’ll tell you right now: No suspect vehicle was on our radar when I was still there,” he added.

When investigators did finally link the Chevrolet Avalanche to Mr. Heuermann, the investigation entered its critical phase. Investigators began exploring every aspect of his life, using 300 subpoenas and search warrants.

They examined his Tinder account and several email addresses — all fictitious names — that led to additional disposable phones that Mr. Heuermann was using to contact massage parlors and women working as escorts, the court papers said. They found internet searches for child pornography.

The more investigators learned about Mr. Heuermann, the more convinced they were.

Advertisement

So much time had passed since the killings that precise locational data from Mr. Heuermann’s personal cellphone — registered to his architectural business — no longer existed. But his billing records showed the general location of the phone when calls were made, the court papers said, putting it in New York City around the same time in 2010 that the cruel and taunting calls were made on Ms. Barthelemy’s cellphone.

Investigators learned that several of the murders had occurred when Mr. Heuermann’s wife and children were out of town, according to prosecutors. One coincided with a trip his wife took to Iceland; another took place when she was in Maryland and a third when she was in New Jersey.

But they had nothing to put the burner phones that had been in contact with the victims in Mr. Heuermann’s hands.

Nor did they have any physical or forensic evidence directly linking him to the crimes.

That would soon change.

Advertisement

In the investigation’s early days, at least five hairs were discovered on the victims or stuck to the burlap or duct tape that enveloped them. They were deemed unsuitable for detailed DNA analysis.

Forensic science moved ahead: In the past three years, two outside laboratories were able to generate thorough DNA reports, according to court papers.

Now, investigators needed genetic material from Mr. Heuermann. Last July, an undercover detective rooted through his recycling for empty bottles. In January, Mr. Heuermann tossed a pizza box into a sidewalk garbage can outside his office in Midtown. A surveillance team fished it out, and the ragged crusts inside gave them what they needed.

Investigators concluded that most of the hairs found on the victims were likely to have come from Mr. Heuermann’s wife. One was a potential match for Mr. Heuermann himself.

One laboratory compared the DNA profile from the fifth hair to the genetic material found on Mr. Heuermann’s pizza. It found enough markers in common to conclude that while 99.96 percent of the population could be excluded as a match, Mr. Heuermann could not, the authorities said.

Advertisement

Mr. Tierney learned of the results in June.

He read the report again and again — perhaps dozens of times, as if trying to convince his brain of what his eyes were seeing.

Investigators believed they now had direct evidence linking Mr. Heuermann to the killings.

But investigators knew something else: Mr. Heuermann was scouring the internet for information about what they were doing.

Internet searches linked to his anonymous accounts included more than 200 queries in the past 16 months about serial killers generally and the investigation into the Gilgo Beach victims specifically. “Why could law enforcement not trace the calls made by the long island serial killer” was just one.

Advertisement

Mr. Tierney had grown increasingly worried that more victims would drop on his watch. He said that Mr. Heuermann had been visiting massage parlors — and contacting women working as escorts.

Mr. Tierney said he was sleeping badly, bedeviled by tension and worry. Last week, he decided the case had reached a tipping point.

So on the evening of July 13, detectives in suits and ties approached Mr. Heuermann after he walked out of his office building.

Mr. Heuermann, prosecutors said, had methodically covered his tracks and closely monitored the investigation.

But when the detectives arrested Mr. Heuermann after more than a dozen years of pursuit, Mr. Tierney said, his reaction was simple and instinctive: genuine surprise.

Advertisement
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

New York

New York’s Chinese Dissidents Thought He Was an Ally. He Was a Spy.

Published

on

New York’s Chinese Dissidents Thought He Was an Ally. He Was a Spy.

The Chinese government’s paranoia about overseas dissidents can seem strange, considering the enormous differences in power between exiled protesters who organize marches in America and their mighty homeland, a geopolitical and economic superpower whose citizens they have almost no ability to mobilize. But to those familiar with the Chinese Communist Party, the government’s obsession with dissidents, no matter where in the world they are, is unsurprising. “Regardless of how the overseas dissident community is dismissed outside of China, its very existence represents a symbol of hope for many within China,” Wang Dan, a leader of the Tiananmen Square protests who spent years in prison before being exiled to the United States in 1998, told me. “For the Chinese Communist Party, the hope for change among the people is itself a threat. Therefore, they spare no effort in suppressing and discrediting the overseas dissident community — to extinguish this hope in the hearts of people at home.”

To understand the party’s fears about the risks posed by dissidents abroad, it helps to know the history of revolutions in China. “Historically, the groups that have overthrown the incumbent government or regime in China have often spent a lot of time overseas and organized there,” says Jessica Chen Weiss, a professor of China studies at Johns Hopkins University. The leader Sun Yat-sen, who played an important role in the 1911 revolution that dethroned the Qing dynasty and led eventually to the establishment of the People’s Republic of China, spent several periods of his life abroad, during which he engaged in effective fund-raising and political coordination. The Communist Party’s own rise to power in 1949 was partly advanced by contributions from leaders who were living overseas. “They are very sensitive to that potential,” Weiss says.

“What the Chinese government and the circle of elites that are running China right now fear the most is not the United States, with all of its military power, but elements of unrest within their own society that could potentially topple the Chinese Communist Party,” says Adam Kozy, a cybersecurity consultant who worked on Chinese cyberespionage cases when he was at the F.B.I. Specifically, Chinese authorities worry about a list of threats — collectively referred to as the “five poisons” — that pose a risk to the stability of Communist rule: the Uyghurs, the Tibetans, followers of the Falun Gong movement, supporters of Taiwanese independence and those who advocate for democracy in China. As a result, the Chinese government invests great effort in combating these threats, which involves collecting intelligence about overseas dissident groups and dampening their influence both within China and on the international stage.

Controlling dissidents, regardless of where they are, is essential to China’s goal of projecting power to its own citizens and to the world, according to Charles Kable, who served as an assistant director in the F.B.I.’s national security branch before retiring from the bureau at the end of 2022. “If you have a dissident out there who is looking back at China and pointing out problems that make the entire Chinese political apparatus look bad, it will not stand,” Kable says.

The leadership’s worries about such individuals were evident to the F.B.I. right before the 2008 Beijing Olympics, Kable told me, describing how the Chinese worked to ensure that the running of the Olympic flame through San Francisco would not be disrupted by protesters. “And so, you had the M.S.S. and its collaborators deployed in San Francisco just to make sure that the five poisons didn’t get in there and disrupt the optic of what was to be the best Olympics in history,” Kable says. During the run, whose route was changed at the last minute to avoid protesters, Chinese authorities “had their proxies in the community line the streets and also stand back from the streets, looking around to see who might be looking to cause trouble.”

Advertisement
Continue Reading

New York

Hochul Seeks to Limit Private-Equity Ownership of Homes in New York

Published

on

Hochul Seeks to Limit Private-Equity Ownership of Homes in New York

Gov. Kathy Hochul of New York on Thursday proposed several measures that would restrict hedge funds and private-equity firms from buying up large numbers of single-family homes, the latest in a string of populist proposals she intends to include in her State of the State address next week.

The governor wants to prevent institutional investors from bidding on properties in the first 75 days that they are on the market. Her plan would also remove certain tax benefits, such as interest deductions, when the homes are purchased.

The proposals reflect a nationwide effort by mostly Democratic lawmakers to discourage large firms from crowding out individuals or families from the housing market by paying far above market rate and in cash, and then leasing the homes or turning them into short-term rentals.

Activists and some politicians have argued that this trend has played a role in soaring prices and low vacancy rates — though low housing production is widely viewed as the main driver of those problems.

If Ms. Hochul was inviting a fight with the real estate interests who have backed her in the past, she did not seem concerned. She even borrowed a line from Jimmy McMillan, who ran long-shot candidacies for governor and mayor as the founder of the Rent Is Too Damn High Party.

Advertisement

“The cost of living is just too damn high — especially when it comes to the sky-high rents and mortgages New Yorkers pay every month,” Ms. Hochul said in a written statement.

James Whelan, president of the Real Estate Board of New York, said his team would review the proposal, but characterized it as “another example of policy that will stifle investment in housing in New York.”

The plan — the specifics of which will be negotiated with the Legislature — is one of several recent proposals the governor has made with the goal of addressing the state’s affordability crisis. Voters have expressed frustration about the high costs of housing and basic goods in the state. This discontent has led to political challenges for Ms. Hochul, who is likely to face rivals in the 2026 Democratic primary and in the general election.

In 2022, five of the largest investors in the United States owned 2 percent of the country’s single-family rental homes, most of them in Sun Belt and Southern states, according to a recent report from the federal Government Accountability Office. The report stated that it was “unclear how these investors affected homeownership opportunities or tenants because many related factors affect homeownership — e.g., market conditions, demographic factors and lending conditions.”

Researchers at Harvard University found that “a growing share of rental properties are owned by business entities and medium- and large-scale rental operators.”

Advertisement

State officials were not able to offer a complete picture of how widespread the practice was in New York. They said local officials in several upstate cities had told them about investors buying up dozens of homes at a time and turning them into rentals.

The New York Times reported in 2023 that investment firms were buying smaller buildings in places like Brooklyn and Queens from families and smaller landlords.

Ms. Hochul’s concern is that these purchases make it harder for first-time home buyers to gain a foothold in the market and can lead to more rental price gouging.

“Shadowy private-equity giants are buying up the housing supply in communities across New York, leaving everyday homeowners with nowhere to turn,” she said in a statement on Thursday. “I’m proposing new laws and policy changes to put the American dream of owning a home within reach for more New Yorkers than ever before.”

Cracking down on corporate landlords became a prominent talking point in last year’s presidential election. On the campaign trail, Vice President Kamala Harris called on Congress to pass previously introduced legislation eliminating tax benefits for large investors that purchase large numbers of homes.

Advertisement

“It can make it impossible then for regular people to be able to buy or even rent a home,” Ms. Harris said last summer.

In August, Representative Pat Ryan, Democrat of New York, called on the Federal Trade Commission to investigate price gouging by private-equity firms in the housing market. He cited a study that estimated that private-equity firms “are expected to control 40 percent of the U.S. single-family rental market by 2030.”

Statehouses across the country have recently looked at ways to tackle corporate homeownership. One effort in Nevada, which passed the Legislature but was vetoed by Gov. Joe Lombardo, proposed capping the number of units a corporation could buy in a calendar year. It was opposed by local chambers of commerce and the state’s homebuilders association.

A bill was introduced in the Minnesota State Legislature that would ban the conversion of homes owned by corporations into rentals. It has yet to come up for a vote.

At the federal level, Senator Jeff Merkley, Democrat of Oregon, and Representative Adam Smith, Democrat of Washington, introduced joint legislation that would force hedge funds to sell all the single-family homes they own over 10 years.

Advertisement
Continue Reading

New York

N.Y. Prosecutors Urge Supreme Court to Let Trump’s Sentencing Proceed

Published

on

N.Y. Prosecutors Urge Supreme Court to Let Trump’s Sentencing Proceed

New York prosecutors on Thursday urged the U.S. Supreme Court to deny President-elect Donald J. Trump’s last-ditch effort to halt his criminal sentencing, in a prelude to a much-anticipated ruling that will determine whether he enters the White House as a felon.

In a filing a day before the scheduled sentencing, prosecutors from the Manhattan district attorney’s office called Mr. Trump’s emergency application to the Supreme Court premature, saying that he had not yet exhausted his appeals in state court. They noted that the judge overseeing the case plans to spare Mr. Trump jail time, which they argued undermined any need for a stay.

The prosecutors, who had secured Mr. Trump’s conviction last year on charges that he falsified records to cover up a sex scandal that endangered his 2016 presidential campaign, implored the Supreme Court to let Mr. Trump’s sentencing proceed.

“There is a compelling public interest in proceeding to sentencing,” they wrote, and added that “the sanctity of a jury verdict and the deference that must be accorded to it are bedrock principles in our Nation’s jurisprudence.”

The district attorney’s office has so far prevailed in New York’s appellate courts, but Mr. Trump’s fate now rests in the hands of a friendlier audience: a Supreme Court with a 6-to-3 conservative majority that includes three justices Mr. Trump appointed. Five are needed to grant a stay.

Advertisement

Their decision, coming little more than a week before the inauguration, will test the influence Mr. Trump wields over a court that has previously appeared sympathetic to his legal troubles.

In July, the court granted former presidents broad immunity for official acts, stymying a federal criminal case against Mr. Trump for trying to overturn the 2020 election. (After Mr. Trump won the 2024 election, prosecutors shut down that case.)

The revelation that Mr. Trump spoke this week by phone with one of the conservative justices, Samuel A. Alito Jr., has fueled concerns that he has undue sway over the court.

Justice Alito said he was delivering a job reference for a former law clerk whom Mr. Trump was considering for a government position. But the disclosure alarmed ethics groups and raised questions about why a president-elect would personally handle such a routine reference check.

It is unclear whether Justice Alito will recuse himself from the decision, which the court could issue promptly.

Advertisement

Mr. Trump’s sentencing is scheduled to begin at 9:30 a.m. Friday in the same Lower Manhattan courtroom where his trial took place last spring, when the jury convicted him on all 34 felony counts.

If the Supreme Court rescues Mr. Trump on Thursday, returning him to the White House on Jan. 20 without the finality of being sentenced, it will confirm to many Americans that he is above the law. Almost any other defendant would have been sentenced by now.

“A sentencing hearing more than seven months after a guilty verdict is aberrational in New York criminal prosecutions for its delay, not its haste,” the prosecutors wrote.

The prosecutors also noted that Mr. Trump would most likely avoid any punishment at sentencing. The trial judge, Juan M. Merchan, has signaled he plans to show Mr. Trump leniency, reflecting the practical impossibility of incarcerating a president.

Still, Mr. Trump’s lawyers argued that the sentencing could impinge on his presidential duties. It would formalize Mr. Trump’s conviction, cementing his status as the first felon to occupy the Oval Office.

Advertisement

That status, Mr. Trump’s lawyers wrote in the filing to the Supreme Court, would raise “the specter of other possible restrictions on liberty, such as travel, reporting requirements, registration, probationary requirements and others.”

The court’s immunity ruling also underpinned Mr. Trump’s request to halt his sentencing. In the application, Mr. Trump’s lawyers argued that he was entitled to full immunity from prosecution — as well as sentencing — because he won the election.

“This court should enter an immediate stay of further proceedings in the New York trial court,” the application said, “to prevent grave injustice and harm to the institution of the presidency and the operations of the federal government.”

Mr. Trump’s application was filed by two of his picks for top jobs in the Justice Department: Todd Blanche, Mr. Trump’s choice for deputy attorney general, and D. John Sauer, his selection for solicitor general.

“Forcing President Trump to prepare for a criminal sentencing in a felony case while he is preparing to lead the free world as president of the United States in less than two weeks imposes an intolerable, unconstitutional burden on him that undermines these vital national interests,” they wrote.

Advertisement

Whether that argument will prevail is uncertain. Some legal experts have doubted the merits of Mr. Trump’s application, and lower courts have greeted his arguments with skepticism.

Earlier Thursday, a judge on the New York Court of Appeals in Albany, the state’s highest court, declined to grant a separate request from Mr. Trump to freeze the sentencing.

Prosecutors noted that Mr. Trump had yet to have a full appellate panel rule on the matter, and that he had not mounted a formal appeal of his conviction. Consequently, they argued, the Supreme Court “lacks jurisdiction over this non-final state criminal proceeding.”

Also this week, a judge on the First Department of New York’s Appellate Divison in Manhattan rejected the same request to halt the sentencing.

That judge, Ellen Gesmer, grilled Mr. Trump’s lawyer at a hearing about whether he had found “any support for a notion that presidential immunity extends to president-elects?”

Advertisement

With no example to offer, Mr. Blanche conceded, “There has never been a case like this before.”

In their filing Thursday, prosecutors echoed Justice Gesmer’s concerns, noting that “This extraordinary immunity claim is unsupported by any decision from any court.”

They also argued that Mr. Trump’s claims of presidential immunity fell short because their case concerned a personal crisis that predated his first presidential term. The evidence, they said, centered on “unofficial conduct having no connection to any presidential function.”

The state’s case centered on a sex scandal involving the porn star Stormy Daniels, who threatened to go public about an encounter with Mr. Trump, a salacious story that could have derailed his 2016 campaign.

To bury the story, Mr. Trump’s fixer, Michael D. Cohen, negotiated a $130,000 hush-money deal with Ms. Daniels.

Advertisement

Mr. Trump eventually repaid him. But Mr. Cohen, who was the star witness during the trial, said that Mr. Trump orchestrated a scheme to falsify records and hide the true purpose of the reimbursement.

Although Mr. Trump initially faced sentencing in July, his lawyers buried Justice Merchan in a flurry of filings that prompted one delay after another. Last week, Justice Merchan put a stop to the delays and scheduled the sentencing for Friday.

Mr. Trump faced four years in prison, but his election victory ensured that time behind bars was not a viable option. Instead, Justice Merchan indicated that he would impose a so-called unconditional discharge, a rare and lenient alternative to jail or probation.

“The trial court has taken extraordinary steps to minimize any burdens on defendant,” the prosecutors wrote Thursday.

Advertisement
Continue Reading

Trending