RIVERHEAD, N.Y. (PIX11) — Accused Gilgo Beach serial killer Rex Heuermann lost his first court battle Wednesday, when Suffolk County Judge Timothy Mazzei ruled Heuermann must provide a DNA swab to prosecutors.

“The court finds that contrary to the defendant’s contentions, there is probable cause to believe that the defendant committed the crimes charged and, therefore, a basis to compel the buccal swab,” Mazzei wrote.

Mazzei’s three-page ruling cited an initial, 32-page affidavit from the office of Suffolk County District Attorney Ray Tierney, which said it had voluminous amounts of evidence against Heuermann, including cellphone records, internet searches, cell site information, the fact that Heuermann owned a 2002 Chevy Avalanche, and DNA. 

The judge backed up his decision by noting, in part, “…it is well settled that such an order is premised upon “(1) probable cause to believe the suspect has committed the crime,  and (2) a ‘clear indication’ that relevant material evidence will be found.”

The Suffolk County district attorney and his team made the request for Heuermann’s fresh DNA because they want to compare it with genetic material they retrieved from a discarded pizza crust this year.

A mitochondrial DNA profile from the pizza crust linked the 59-year-old architect to genetic material on camouflage burlap allegedly used to wrap Gilgo Beach murder victim Megan Waterman in 2010.

Heuermann is charged with killing three women found in the brush off Ocean Parkway in Gilgo Beach in 2010. He’s the prime suspect in the fourth murder.

This is a developing story.