Get an experienced defense attorney’s perspective on the Robert Durst murder case.
Following the airing of the final episode of HBO’s “The Jinx,” in which alleged killer Robert Durst appears to confess to three murders, speculation about the case and the trial has abounded in the media.
Robert Durst, now 71, has long been suspected of killing his first wife. Kathleen Durst disappeared in 1982 after telling friends she intended to divorce her husband and advising them that if anything happened to her, they should assume Robert Durst had something to do with it.
In 2000, police began reinvestigating Kathleen Durst’s disappearance. Prosecutors suspect this made Durst nervous, spurring the shooting of his long-time friend and confidant Susan Berman. Berman was found dead in her LA apartment after an anonymous letter directed police to search the premises for a “cadaver.”
In 2001, Durst was again the subject of a murder investigation, and this time the case went to trial. However, Durst was acquitted of the murder and dismemberment of his neighbor Morris Black on the grounds that he acted in self-defense.
Following the release of a film based on a fictionalized version of his life, Durst actually approached producers with the idea of telling his own side of the story in a documentary about his life. Going against the advice of his attorneys, he then made two lengthy interviews and perhaps delivered the final piece of evidence that could lead to his conviction.
Durst has been extradited to California and is now awaiting trial for the murder of Susan Berman. Two major questions are now being debated in the media:
Is the “Bathroom Statement” Admissible?
Following one of the interview sessions in which a new piece of evidence was presented to him, Durst visited the restroom with his mic still on and recording. He can be heard whispering to himself “There it is. You’re caught! What the hell did I do? Killed them all, of course.”
Is this statement admissible? Many legal experts say yes. As an “excited utterance or spontaneous statement” the alleged confession qualifies for an exception to the hearsay rule and could be admitted as evidence. The defense would likely argue that the statement was made as a joke or a publicity stunt.
Considering that the statement was not considered by the district attorney when deciding whether or not to bring charges against Durst, its admissibility may be more of a concern for the media than for the prosecutors. Sources report that the key piece of evidence was actually handwriting analysis showing Durst wrote the letter telling police where to find Berman’s body—the same piece of evidence that caused him to make those unguarded statements in the bathroom in the first place.
Will Prosecutors Seek the Death Penalty?
Another question is whether or not Durst will get the death penalty. The death penalty is on the table in this case because the charges allege Durst lay in wait with a gun and killed a witness, creating the circumstances for a capital crime.
However, death penalty cases bring up many time-consuming procedural requirements that prosecutors often prefer to avoid, especially if a sentence of life in prison seems likely. It would not be surprising to see the prosecution eschew the death penalty in favor of the faster, less risky option in this case.
