Supreme Court Justice Timothy P. Mazzei, who presided over Gilgo Beach serial killer case, targeted for forced retirement

A criminal justice reform group is urging a panel of court administrators to reject a prominent Suffolk judge’s bid to remain on the bench beyond mandatory retirement age, an appeal the Long Island legal community and victim advocates are rejecting. 

The nonprofit Center for Community Alternatives argued in a letter to the court system’s administrative board that Supreme Court Justice Timothy P. Mazzei’s appellate record should disqualify the 72-year-old judge from serving beyond the age of 70.

The group pointed to 13 sentences handed out by Mazzei, who has been on the bench since 2014, that were reduced following a ruling by the appellate court and one more sentence that was vacated and assigned to a different judge. The appellate decisions were from 2018 to 2024 and the cases all predate Mazzei reaching retirement age.

Mazzei, who recently presided over the Gilgo Beach serial killings case, is among four New York judges the group’s judicial watchdog arm has targeted for forced retirement this year.

“These judges’ records demonstrate that they do not possess the legal ability and competence necessary for continued judicial service,” the group’s director of judicial accountability Peter Martin and advocacy director Katie Schaffer wrote in a June 26 letter.

Mazzei, through a court spokesperson, declined to comment.

Under New York State law, supreme court justices who reach the mandatory retirement age of 70 may remain on the bench for up to three two-year terms at the discretion of the Administrative Board of the Courts, a five-member body consisting of the state’s chief judge and the presiding judges of the four appellate divisions. The law allowing retired judges to remain on the bench states they must demonstrate they have “the mental and physical capacity to perform the duties of such office” and their “services are necessary to expedite the business of the supreme court.”

In its letter seeking public comment, the administrative board said it considers a judge's knowledge of the law, physical and mental health, work ethic, demeanor and commitment to equal justice when considering certifications.

Mazzei, of Blue Point, was previously certified by the five-member panel after turning 70 in 2024.

The judge, a former homicide prosecutor and Brookhaven Town councilman who was elected to the judiciary in 2014, can remain on the bench through 2030 if certified twice more. He is among 49 judges statewide the administrative board included in a June call for public comment regarding certification. Decisions will be issued at a later date, though they are not publicized.

While the comments submitted to the board are confidential, the Center for Community Alternatives published its letter online.

The group, which spearheaded the State Senate’s first-ever rejection of a governor’s nominee for chief judge when it campaigned against Gov. Kathy Hochul’s pick of Justice Hector D. LaSalle in 2023, said Mazzei’s record demonstrates numerous sentencing-related errors and excessive sentences it deemed a “telling red flag.”

The Center for Community Alternatives, based out of New York City, noted a vacated sentence that was reassigned to a different judge after it was determined Mazzei “improperly speculated and considered” a Brooklyn woman convicted of criminal possession of stolen property and grand larceny had committed additional crimes for which she was never charged.

“Reassignments to different judges are extraordinarily rare,” the group wrote. “Even when appellate courts find that trial judges have abused discretion, acted improperly, or otherwise committed reversible error, almost never do they reassign further proceedings to different judges.”

The group, whose website states was “founded in the belief that solutions to poverty, addiction and violence rest in communities and not incarceration,” also highlighted seven cases where the appellate court found Mazzei’s sentences to be excessive and reduced them by a combined 30 years and six cases it determined he made legal errors at sentencing.

“Together, these errors show that the problems in Justice Mazzei’s sentencing record are not limited to harsh outcomes,” Martin and Schaffer wrote in their letter. “They also include repeated failures to apply basic sentencing rules that every judge presiding over criminal cases is expected to know and follow.”

Suffolk District Administrative Judge Andrew A. Crecca found fault with the group’s analysis of Mazzei’s record, saying it lacks “context and omits crucial information,” noting that none of the group’s cited judgements includes an overturned conviction.

"Justice Mazzei’s tireless work ethic, efficiency, and nearly 44 years of combined legal and judicial experience have proven invaluable to the Suffolk County Courts, and has earned him the respect of both members of the bench and bar alike," Crecca said in a statement.

Both Crecca and Suffolk County District Attorney Ray Tierney noted that Mazzei has consistently presided over more trials than any criminal part judge in the county each year. 

“The reason why that matters is if it’s a bargained-for disposition, the defendant really can’t argue excessive sentence because he agreed to it,” Tierney said. “Excessive sentence motions really only occur after a trial.”

The Center for Community Alternatives, which was founded in 1981 and has offices in New York City and upstate, could not factor in trial volume because that data is not made readily available by the courts.

Family members of the Gilgo Beach murder victims offered their support for the judge, who sentenced serial killer Rex A. Heuermann to life in prison last month, saying Mazzei “stands up for victims and holds criminals accountable.”

“We are so very grateful for Judge Mazzei and praying daily he gets his recertification,” wrote Elizabeth Meserve, aunt of victim Megan Waterman.

While Mazzei’s acerbic style and quick temper has at times raised eyebrows and drawn public criticism from members of the bar, more than a half dozen veteran attorneys on both sides of the courtroom who spoke with Newsday said they like trying cases before him.

“We just wrapped up Gilgo and that was a really complicated, complex and high-profile case and I think he did a great job on it,” Tierney said. 

Heuermann’s attorney, Michael J. Brown, said he believes Mazzei’s certification has been selected by the group because he doesn’t “fit their mold of reform.”

“Their position is if you kill someone you should see a mental health counselor and not do jail time,” Brown said.

“He is unquestionably a no-nonsense judge, but most importantly he is genuinely fair to every client,” added defense attorney Jonathan Manley.

Attorney John LoTurco said Mazzei is competent.

“While reasonable people may disagree with individual sentencing decisions, it is important to distinguish between disagreement with an outcome and a judge’s commitment to applying the law fairly and impartially,” LoTurco said. 

Attorney Christopher Gioe called Mazzei's decisions "deliberate and well-articulated" and attorney William Keahon said it's not uncommon for an appellate court "to knock a couple years off" a sentence it does not rule should be vacated.

Attorney Anthony La Pinta said “there’s a big difference between judges handing down a high-end discretionary sentence" and an "illegal sentence.”

“I would say most lawyers I know would prefer to have a case before him,” La Pinta said.

 This is the second consecutive year the Center for Community Alternatives has recommended a New York judge be denied certification. A push against Supreme Court Justice Michael Aloise, of Queens, was unsuccessful last year. 

In addition to its fight to deny Hochul’s appointment of LaSalle, who serves on the panel overseeing certification, the Center for Community Alternatives also spearheaded an effort that pressured Brooklyn Supreme Court Justice Vincent Del Giudice into retirement in 2024. 

By Grant Parpan

grant.parpan@newsday.com@GrantParpan

Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.