Holding Former Suffolk Police Chief Accountable For Failure To Act On Gilgo Beach Killer

Aug 30, 2023, 05:00 PM

The "Hidden Killers" podcast, hosted by Tony Brueski, recently hosted Defense Attorney Bob Motta to dissect the alleged oversights and potential wrongdoings of former police Chief James Burke. Burke held office during a critical time while Rex Heuermann, a potential serial killer, was on the loose, and their discussion raises several concerning questions about the state of policing and investigations.
 
 Brueski began by highlighting Burke's oversight: "He had the vehicle, we had the description, which would've narrowed down to a very small percentage of the population, but nothing was really done." Motta drew parallels with notorious serial killer Gacy, emphasizing how societal views, particularly towards marginalized groups, might influence the rigor of police investigations. "I think that, you know, it's strikingly similar to what went on with Gacy. [...] Burke paid it no mind because they were sex workers, and he didn't value human life based on what they did for a living," Motta stated.
 
 Reflecting on the recent arrest of Heuermann for solicitation, Brueski mentioned the chilling revelation that much of the evidence connecting him to the crimes, except the DNA match from a cross, had been available for over a decade. Motta responded passionately, saying, "That green first generation avalanche and the description of the ogre, was right there. And that's probable cause. They would've found him; the case would've been solved."
 
 The conversation took an even darker turn as Motta delved into the possible legal implications for the state or local government. He posed the harrowing question: could the direct result of Burke's alleged refusal to investigate lead to the discovery of more victims? It's a prospect that could open a Pandora's box of legal and ethical issues for law enforcement agencies and communities.
 
 Brueski pressed on a critical query: had a scenario like this been litigated before? Where law enforcement showed "willful ignorance" rather than just negligence? Motta acknowledged the rarity and complexity of such a case. "It's very difficult, Tony," Motta explained. He elaborated on the fine line between simple negligence and willful ignorance, pointing out the protective barrier of governmental immunity that often shields public agencies from lawsuits.
 
 But Motta saw potential avenues for litigation, especially if there is concrete evidence of willful neglect. "If it's willful, it's different," he emphasized. The recent arrest of Burke could be pivotal in this regard, shedding light on systemic issues and potentially exposing a culture of negligence, especially towards marginalized communities.
 
 The discussion ended with a speculative note on how the case could progress. If there's tangible evidence proving a lackadaisical attitude towards investigating because the victims were sex workers, it could indeed pave the way for legal action.
 
 Both Brueski and Motta highlighted the need for accountability and a profound change in law enforcement's approach toward all victims, regardless of their backgrounds. As more details emerge, it's clear that the layers of this case may unravel deeper systemic issues within law enforcement and society at large.
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