The son of a woman allegedly murdered by accused serial killer Rex Heuermann is now suing Heuermann, his former wife, and their adult daughter, seeking to hold the family financially accountable for her brutal death and accusing them of profiting from the tragedy.
Benjamin Torres was six years old when his mother, Valerie Mack, disappeared in 2000. In a wrongful death lawsuit filed in Suffolk County, Torres claims he has been “deprived of his mother’s care, guidance, protection, nurture, society, and economic support” ever since. The legal action seeks recovery for what it describes as the “wrongful torture and murder” of Mack, including “the terror, restraint, pain, mutilation, and dismemberment inflicted upon her before and after death.”
The horrific fate of Valerie Mack
Valerie Mack, a 24-year-old from Atlantic City, was working as an escort in Philadelphia and Atlantic City when she vanished. She had spent time in foster care and was estranged from her son; no one reported her missing. Her remains were discovered in two locations, years apart. Hunters found her torso in plastic bags in a wooded area of Manorville, Long Island, in November 2000. Over a decade later, in April 2011, her skull, hands, and right foot were found near Gilgo Beach.
For years, she was known only as “Jane Doe No. 6.” She was finally identified in May 2020 through advanced DNA testing and forensic genetic genealogy, a process that confirmed Benjamin Torres was her son. The lawsuit alleges a particularly cruel detail: a tattoo on Mack’s leg that referenced her son was allegedly removed by her killer.
Prosecutors believe Mack was murdered between September and November 2000. Rex Heuermann, a New York architect, was charged with her murder in December 2024.
The DNA link to Heuermann’s family
A critical piece of evidence linking Heuermann to Mack, and cited extensively in the lawsuit, involves mitochondrial DNA. This type of DNA is passed down the maternal line and can link individuals to a shared female ancestor. According to prosecutors, a hair recovered from Valerie Mack’s body yielded a mitochondrial DNA profile that matched the profiles of Heuermann’s then-wife, Asa Ellerup, and their daughter, Victoria Heuermann.
A Suffolk County judge ruled in September 2025 that this DNA evidence, including hairs from Heuermann’s wife and daughter found on several victims, was admissible for trial. For Mack, this genetic link is a cornerstone of the case against Heuermann. The lawsuit further points to a “body prep” note allegedly found on Heuermann’s laptop instructing to “remove head and hands”—a method that matches the condition of Mack’s discovered remains, which were dismembered and decapitated.
Allegations of complicity and profiteering
While law enforcement has stated that Ellerup and Victoria Heuermann were out of town at the times of the murders, the civil lawsuit makes direct allegations of complicity. It claims they “knew of, concealed, deliberately ignored, or consciously avoided learning of material facts” regarding Mack’s assault, murder, and dismemberment while having regular access to the family home in Massapequa.
A central financial allegation concerns a documentary series. The lawsuit claims Asa Ellerup and Victoria Heuermann received over $1 million from media companies, including Peacock for the series “The Gilgo Beach Killer: House of Secrets.” It describes these as “monies they were given to exploit the slaughter of plaintiff,” arguing that no funds went to victims’ families. This has prompted New York lawmakers to push for an expansion of the state’s “Son of Sam” law to prevent family members of criminals from profiting in this way.
The lawsuit also alleges fraudulent asset transfer, claiming Heuermann transferred assets, including the marital home, to Ellerup during their divorce to shield them from potential claimants like Torres.
Robert Macedonio, the attorney for Ellerup and Victoria Heuermann, has dismissed the lawsuit as a “reckless attempt” by Torres’s lawyer, John Ray, to stay relevant. He noted that Victoria was 13 years old at the time of Mack’s killing, asking, “What person in their right mind would think a 13-year-old would be involved with a homicide with a serial killer?”
A looming guilty plea in the criminal case
These civil proceedings unfold as the criminal case reaches a pivotal moment. Rex Heuermann, who has pleaded not guilty to the murders of seven women including Mack in what prosecutors call a 17-year crime spree, is reportedly expected to change his plea to guilty. Reports suggest he will plead guilty on Wednesday to the seven charged murders and to the murder of an eighth woman, Karen Vergata, who disappeared in 1996.
Suffolk County prosecutor Ray Tierney has declined to comment on any negotiations, stating last month, “Nothing is done, and so we wait.” A guilty plea in the criminal case could be used as an admission of liability in the ongoing civil suit brought by Benjamin Torres. The broader investigation was sparked by the 2010 disappearance of Shannan Gilbert, though her death was ruled an accident and Heuermann has not been charged in connection with it.
