In 1990, DeFeo filed a 440 motion, a proceeding to have his conviction vacated. In support of his motion, DeFeo asserted that Dawn and an unknown assailant, who fled the house before he could get a good look at him, killed their parents and Dawn subsequently killed their siblings. He said the only person he killed was Dawn and that it was by accident as they struggled over the rifle. Again, he asserted he was married to Geraldine and that her brother was with him at the time of the murders. An affidavit from Richard Romondoe was submitted to the court and it was asserted he could not be located to testify in person. Evidence was submitted to the court by the Suffolk County District Attorney's Office suggesting that Richard Romondoe did not exist and that Geraldine Gates was living in upstate New York married to someone else at the time of the murders. Geraldine Gates did not testify at this hearing because the authorities had already confronted her about the false claims and in 1992 secured a statement under oath where she admitted Romondoe was fictitious and that she did not actually marry DeFeo until 1989 in anticipation of the filing of the 440 motion.