- by foxnews
- 08 Apr 2026
On Monday, attorney John Ray filed a wrongful death lawsuit on behalf of Benjamin Torres, the only child of Valerie Mack, according to court documents obtained by Fox News.
The civil filing alleges that Mack's death deprived Torres of his "mother's care, guidance, protection, nurture, society and economic support."
"We're bringing this lawsuit on Benjamin's behalf in order to do several things," Ray told Fox News Digital. "One of which is to hold responsible the people who have done harm to Benjamin from the Heuermann family."
Ray added the lawsuit is "also to learn the full truth" surrounding what happened to Mack, "which will not be learned when Mr. Heuermann pleads guilty tomorrow."
Mack, a 24-year-old from Philadelphia, vanished when her son was just 6 years old in 2000. Her partial remains were discovered in Manorville, New York, after a group of hikers stumbled upon a suspicious black bag that November.
According to the lawsuit, Mack was "tortured ferociously" before allegedly being killed and dismembered by Heuermann.
As a result, Torres is seeking unspecified "recovery for the wrongful torture and murder of Valerie Mack, for the terror, restraint, pain, mutilation, and dismemberment inflicted upon her before and after death, for the concealment and mutilation of her remains, and for the profound and prolonged harm thereby inflicted," the lawsuit said.
"Asa Ellerup and Victoria Heuermann at some point in time knew of, concealed, deliberately ignored, or consciously avoided learning of material facts concerning the assault, murder, dismemberment, concealment, and disposal of Valerie Mack," the lawsuit added.
Flanked by Ellerup and Victoria Heuermann, attorney Robert Macedonio condemned the lawsuit filed against his clients while speaking to the media outside Heuermann's home Tuesday.
"Let me be absolutely clear, and I want to say this without ambiguity," Macedonio said. "Mrs. Ellerup and Victoria Heuermann had no knowledge, no involvement and no connection whatsoever to these horrific crimes - none."
"I would like to add [that] Victoria Heuermann was 3 years old," he added. "She was 3 years old at the time of the homicide of Valerie Mack. Mr. Ray accuses her of active participation in a homicide when she was 3 years old."
However, Ray believes Heuermann's family is also partially responsible for the alleged killings that took place under their roof.
"His family should have known at all times when these things were happening in their tiny, little home of 1,343 square feet," Ray told Fox News Digital. "That down in the basement, where there was a torture chamber - the metal door upon it - that these things were occurring."
Heuermann was charged with Mack's death in late 2024, marking the seventh and final victim prosecutors say he killed between 1993 and 2010.
He is expected to plead guilty to all seven counts of murder as part of a plea deal offered by Suffolk County District Attorney Ray Tierney. He is due back in court on Wednesday.
Heuermann is accused of killing Mack, Megan Waterman, Melissa Barthelemy, Maureen Brainard-Barnes, Jessica Taylor, Sandra Costilla and Amber Lynn Costello.
Tierney, and the attorneys for Heuermann and Ellerup did not immediately respond to Fox News Digital's request for comment. Ellerup's attorney is expected to address the lawsuit at a 4 p.m. news conference.
Fox News' Jennifer Johnson and Michael Ruiz contributed to this report.
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