When Rex Heuermann pleaded guilty to eight murders in Suffolk County Court, the criminal case reached its conclusion. But for his ex-wife Asa Ellerup, a different legal fight is just beginning.

A wrongful death lawsuit filed by the son of victim Valerie Mack alleges that Ellerup and her daughter Victoria either knew about, concealed, or deliberately avoided learning of the murders. The complaint also alleges unjust enrichment from a Peacock documentary that reportedly paid the family over a million dollars. Ellerup’s attorney has called the suit reckless and maintained that neither woman had any knowledge of or connection to the crimes.

Defense attorney and former prosecutor Eric Faddis breaks down the legal architecture of this civil case. He examines whether the willful blindness standard can survive when prosecutors themselves have confirmed Ellerup was away during each killing. He evaluates the precedent of serial offender spouses — cases where wives lived with killers for decades without knowledge — and whether a civil defense can use those cases to reframe Ellerup from an alleged co-conspirator to a victim. Faddis also addresses the documentary money directly: a jury may forgive a woman for not knowing, but the question of whether they will forgive her for profiting is the piece of this case that may prove hardest to defend.

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