The civil lawsuit filed against Asa Ellerup does not accuse her of murder. It accuses her of something a jury may find just as difficult to forgive: choosing not to know.

Benjamin Torres — who was six years old when his mother Valerie Mack was allegedly killed and dismembered by Rex Heuermann in 2000 — has filed a wrongful death complaint naming Heuermann, Ellerup, and their daughter Victoria. The suit alleges that one or both women knew of, concealed, or deliberately avoided learning material facts about the murders. It further alleges unjust enrichment from a Peacock documentary for which the family reportedly received over a million dollars.

The evidentiary foundation of the willful blindness claim rests on specific details. Ellerup shared a home of roughly 1,300 square feet with a secured basement room that featured a metal door. Prosecutors have said the killings occurred while she was away. Her hair was found on multiple victims. Before the guilty plea, she publicly dismissed the prosecution’s evidence and called Heuermann her savior. After the plea, she told reporters her thoughts and prayers were with the victims.

Defense attorney and former prosecutor Eric Faddis examines the strength of the willful blindness argument against a spouse who prosecutors themselves say was absent during the crimes, the legal weight of statements she made before the confession, and whether the Peacock documentary money transforms a sympathetic figure into one a jury cannot forgive.

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