GUILTY CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000

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Monday, July 26th:
*Trial continues (Day 34) (@ 9am PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Alan Durst (57 @ time of crime/72/now 78) arrested (3/14/15) extradited (11/1/16 from Indiana prison to Calif.) & charged with 1st degree murder. Plead not guilty. $4M Bond.
Was serving a 7 year federal prison term for illegal possession of a revolver at the time of his New Orleans’ arrest.
Trial began on 2/11/20 with pretrial motions & jury selection started on 2/19/20. Trial started on 3/4/20. Jury: 8 women & 4 men. 11 alternates. (1 alternate excused on 5/18/21) Now 10 alternates. (1 juror (#3) excused for medical reasons on 7/8/21). Now 9 alternates. (Trial expected to last 5 months). Trial stopped 3/16/20 due COVID-19 & will restart on 7/27/20 & retrial was to restart on 4/12/21 continued to 5/17/21 continued to 5/18/21. No court on Fridays.

State will wrap by end of July if not sooner. Defense has 2, possibly 3 witnesses (one is the defendant) & thinks 2 weeks for their case. End of August is estimate.
Jury Selection from 2/19/20 thru 3/3/20 (Days 1-8) & Trial Days 1-6 (3/4/20 thru 3/12/20) & Court info from 3/16/20 thru 5/12/21 & Trial Days 1-33 (5/18/21 thru 7/21/21) reference post #435 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*

7/22/21 Thursday, Trial: No trial for today. Attorneys for Durst have filed an emergency motion for a mistrial, alleging that he has life-threatening health issues that are continuing to worsen. In court papers filed Wednesday (7/21/21), the defense said that Durst, who has bladder & esophageal cancer, has “serious health issues which are currently afflicting him, and that he is physically incompetent to proceed with trial, including with testifying in his own defense.” Durst’s attorneys claim Durst “is in an impossible situation in that he cannot physically testify in his own defense at trial, and if he attempted to, he risks suffering further damage to his health or death.” They claimed in the filing that since Durst “cannot physically ensure testifying,” in court, “he risks a conviction by a jury who did not get to hear his side of the story. This would result in irreparable harm which warrants a mistrial.” The filing also includes a letter from the doctor, who said Durst has a “litany of chronic medical conditions, several are of such severity that his death in the next six months would not be surprising.” The defense team requested a Monday morning hearing on the filing when testimony in the case is set to resume. Trial continues on Monday, 7/26/21.
 
They're desperate for him not to get on the stand! Judge has already said by sending him to court each morning the jail is satisfied that he is physically well enough to attend his trial. How many times does he need to repeat himself. I think it increasingly looks like there has been a breakdown in strategy between him and his legal team, or there is no viable defense, he's done for and he'll be roasted alive, so he's saying he won't get on the stand and they want to blame it on his physical ailments. It looks like the bag of tricks came up empty this time.
It does kind of worry me though-after reading their latest 'emergency' motion.

They have doctor's reports saying he is medically incapable of testifying on his own behalf....and that is a major legal right in a trial...

We will see on Monday. :confused:
 
I’ve listened to everything & meant to post updates but kept getting sidetracked!! Meant to put a line or two about each witness last week … did nothing …:rolleyes: …. I can try to go back & do that if anyone here is interested?

It’s been clear all along that Durst team has held him out as planning to testify while also hoping to get him out of it. DA Lewin has brought it up again & again - how Durst attys haven’t been prepping him, how they lost a dr who was to testify to Durst’s alleged aspergers & haven’t made efforts to find a replacement … IMO they don’t have a good plan to cross the finish line. Probably because there is no good plan available to Durst at this point - his guilt is so obvious.

They’ve filed mistrial motions repeatedly, if only to mark an issue for appeal, all of which are immediately denied. They’ve also tried to use Durst’s health problems over & over, but Lewin isn’t letting them get away with an inch of it & he has the court watching carefully too. We all know Durst has been exaggerating his infirmity & the mask has started to slip over time - camera has caught him moving much more quickly & steadily than at the start (despite claims of declining health). Last week Durst stood up at the D table to address the judge randomly about something off-topic - and the judge was certain to note how he was able to stand on his own.

one thing I meant to post about for a long time - testimony of Emily Altman! It was on video & so hard to hear, I caught a snippet of some hubbub but couldn’t be bothered to make it out. Well I later read that her testimony & slip-up were what forced Durst to admit he’d written the cadaver note! She let slip on the stand that he’d told her he was in LA at the time of Susan Berman’s murder. So I went back and listened carefully to her examination & her husband Stewart Altman’s too … interesting stuff
 
Dang...

Cathy Russon
@cathyrusson
·
3h
#RobertDurst trial was dark last Thursday and it’s always dark every Friday. The trial resumes today at 9am PT/12pm ET

2h
#RobertDurst - Still waiting for the trial to begin. Attorneys/judge have been in chambers. Now the clerk came out and spoke to juror #2 and went back. This may be a future scheduling issue.

Durst could take the stand this week. The prosecution expects to rest in the next few days. We could see Durst on the stand as soon as Thursday.

Durst.jpg

STILL waiting for court to begin. No word on what the delay is. Durst IS in the courtroom.

Waiting to hear what's going on but it looks like we might now have court today. The judge is going to go on the record in just a bit.

Judge Windham says the parties have stipulated to a number of facts. Those are going on the record now.

Judge.jpg

There is a juror that can't be in court today. Therefore, there will be no more today. State will wrap their case on Thursday. Defense case will start next Tuesday.

link: https://twitter.com/cathyrusson
 
Thanks @Niner for doing all the tweets.

It seems to me he's dressing down now to give himself an unkempt look. What happened to the suit he used to be able to put on for court? (I think he had his catheter removed now)

Wonder if the judge ruled on that emergency motion in chambers then. That would be strange.
 
Tuesday, July 27th:
*Trial continues (Day 34) (@ 9am PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Alan Durst (57 @ time of crime/72/now 78) arrested (3/14/15) extradited (11/1/16 from Indiana prison to Calif.) & charged with 1st degree murder. Plead not guilty. $4M Bond.
Was serving a 7 year federal prison term for illegal possession of a revolver at the time of his New Orleans’ arrest.
Trial began on 2/11/20 with pretrial motions & jury selection started on 2/19/20. Trial started on 3/4/20. Jury: 8 women & 4 men. 11 alternates. (1 alternate excused on 5/18/21) Now 10 alternates. (1 juror (#3) excused for medical reasons on 7/8/21). Now 9 alternates. (Trial expected to last 5 months). Trial stopped 3/16/20 due COVID-19 & will restart on 7/27/20 & retrial was to restart on 4/12/21 continued to 5/17/21 continued to 5/18/21. No court on Fridays. State will wrap up their case on Thursday (7/29/21). Defense has 2, possibly 3 witnesses (one is the defendant) & thinks 2 weeks for their case & will begin their case on 8/3/21.

Jury Selection from 2/19/20 thru 3/3/20 (Days 1-8) & Trial Days 1-6 (3/4/20 thru 3/12/20) & Court info from 3/16/20 thru 5/12/21 & Trial Days 1-33 (5/18/21 thru 7/22/21) reference post #441 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*

7/26/21 Monday: There is a juror that can't be in court today. Therefore, there will be no more court today. State will wrap their case on Thursday. Defense case will start next Tuesday. Trial continues on 7/27/21.
 
From yesterday

Cathy Russon
@cathyrusson
·
17h
Last week #RobertDurst's team filed an emergency motion for a mistrial stating Durst is "physically incompetent to proceed with trial, including with testifying in his own defense." They say he has a right to testify but his "grave condition" has him in need of hospitalization.

17h
#RobertDurst - The judge will hear the defense motion for mistrial next Tuesday, Aug. 3rd, when the defense is set to begin their case.

link: https://twitter.com/cathyrusson


Nothing yet for this morning.
 
For Tuesday, 7/27:

Cathy Russon
@cathyrusson
·
12h
#RobertDurst - During this sidebar, 5 jurors are on their phones. I still don't understand why they are allowed to have their phones in the courtroom. I have never seen that.

#RobertDurst turns himself around so he can look at prosecutor Lewin.

Robert.jpg

The jury has been watching parts of HBO's, THE JINX with Durst talking w/director Andrew Jarecki about his relationship with Kathie, admitting to physical violence.

Jinx.jpg


link: https://twitter.com/cathyrusson
 
Wednesday, July 28th:
*Trial continues (Day 35) (@ 9am PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Alan Durst (57 @ time of crime/72/now 78) arrested (3/14/15) extradited (11/1/16 from Indiana prison to Calif.) & charged with 1st degree murder. Plead not guilty. $4M Bond.
Was serving a 7 year federal prison term for illegal possession of a revolver at the time of his New Orleans’ arrest.
Trial began on 2/11/20 with pretrial motions & jury selection started on 2/19/20. Trial started on 3/4/20. Jury: 8 women & 4 men. 11 alternates. (1 alternate excused on 5/18/21) Now 10 alternates. (1 juror (#3) excused for medical reasons on 7/8/21). Now 9 alternates. (Trial expected to last 5 months). Trial stopped 3/16/20 due COVID-19 & will restart on 7/27/20 & retrial was to restart on 4/12/21 continued to 5/17/21 continued to 5/18/21. No court on Fridays.
State will wrap up their case on Thursday (7/29/21). Defense has 2, possibly 3 witnesses (one is the defendant) & thinks 2 weeks for their case & will begin their case on 8/3/21.

Jury Selection from 2/19/20 thru 3/3/20 (Days 1-8) & Trial Days 1-6 (3/4/20 thru 3/12/20) & Court info from 3/16/20 thru 5/12/21 & Trial Days 1-34 (5/18/21 thru 7/26/21) reference post #446 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*

7/27/21 Tuesday, Trial day 34: The judge will hear the defense motion for mistrial next Tuesday, Aug. 3rd, when the defense is set to begin their case.
State witnesses: Jurors watched parts of HBO's The Jinx. Trial continues on 7/28/21.
 
for Wed., 7/28:

Cathy Russon
@cathyrusson
#RobertDurst - The jury just heard the hot mic bathroom footage of Durst talking to himself in the bathroom after being confront by filmmaker Jarecki about the "cadaver" note/writing. "There it is. You're caught." "Killed them all, of course"

Here's the 2nd part of the bathroom audio. I cut out all the "bathroom sounds" ....you're welcome.
Durst: "He was right, I was wrong." "And the burping." "I'm having difficulty with the questions." "What the hell did I do?"

On The Jinx, they edited what Durst said in the bathroom to "What the hell did I do? Killed them all, of course". He actually said, "Killed them all, of course" several minutes before "What the hell did I do?" It doesn't appear the two sentences were related.

Testimony by Durst's longtime friend, Nick Chavin played for the jury. Chavin testified that Durst told him about Susan Berman's death, "It was her or me."

Chavin.jpg


link: https://twitter.com/cathyrusson
 
Thursday, July 29th:
*Trial continues (Day 36) (@ 9am PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Alan Durst (57 @ time of crime/72/now 78) arrested (3/14/15) extradited (11/1/16 from Indiana prison to Calif.) & charged with 1st degree murder. Plead not guilty. $4M Bond.
Was serving a 7 year federal prison term for illegal possession of a revolver at the time of his New Orleans’ arrest.
Trial began on 2/11/20 with pretrial motions & jury selection started on 2/19/20. Trial started on 3/4/20. Jury: 8 women & 4 men. 11 alternates. (1 alternate excused on 5/18/21) Now 10 alternates. (1 juror (#3) excused for medical reasons on 7/8/21). Now 9 alternates. (Trial expected to last 5 months). Trial stopped 3/16/20 due COVID-19 & will restart on 7/27/20 & retrial was to restart on 4/12/21 continued to 5/17/21 continued to 5/18/21. No court on Fridays.
State will wrap up their case on Thursday (7/29/21). Defense has 2, possibly 3 witnesses (one is the defendant) & thinks 2 weeks for their case & will begin their case on 8/3/21.

Jury Selection from 2/19/20 thru 3/3/20 (Days 1-8) & Trial Days 1-6 (3/4/20 thru 3/12/20) & Court info from 3/16/20 thru 5/12/21 & Trial Days 1-34 (5/18/21 thru 7/27/21) reference post #450 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*

7/28/21 Wednesday, Trial day 35: Jurors listened to "The Jinx". State witness: Nick Chavin, video testimony played. Trial continues on Monday, 8/2/21.
 
Doesn't seem like Cathy is tweeting so found this. Sounds like the defense put Dr. Klein to say Durst is not fit for trial. I saw one tweet that this Dr. was paid $140K to testify.

Addi - Talking Law, Trials & Stuff
@AddiTrialsStuff
·
47m
WATCH LIVE: CA v. #RobertDurst Murder Trial Day 36 - Defense Direct - Dr. Keith Klein - Motion For Mistrial!

link: https://twitter.com/hashtag/RobertDurst?src=hashtag_click&f=live
 
I thought that motion was next week, is it happening this week?

It is/was supposed to happen next Tuesday - so don't really know "what" is going on. I checked Cathy's tweets - before heading to bed - and she has nothing posted. I got that tweet when I clicked on #robertdurst - and that was the only one worth posting here.

I'll check Cathy's tweets in the morning unless someone finds anything.
 
this has to be the most interesting trial I have watched yet and I worked for 2 criminal lawyers in Dallas for 22 years. I still love the law just like the judge said, this case has caused many interesting issues and how the law should be applied. I can't make up my mind if they should be granted a mistrial as I would miss hearing the end and I was really looking forward to Durst's testimony but you do not have to be a doctor to see this guy has one foot in the grave. Lewin would stand there and prosecute and persecute him as well till he takes his last breath LOL But I cannot make up my mind if it is ethical at this point. Regardless I think Durst may be dead before this case wraps up.
 
Even if Durst is terminally ill, I still think it is ethical for the prosecution to go after him in court. Durst is a serial killer. Plain and simple. So just because he is old and his health is failing, it doesn't mean he should get a pass now. JMO
 
Boy, the jocular attitude in that courtroom sure is "different." I get the feeling they all golf together on the weekend. I guess the laughing and humorous asides make their workday more enjoyable, but if I were a relative of the victim(s) or on trial, I'm not sure how I'd feel.
 
Doesn't seem like Cathy is tweeting so found this. Sounds like the defense put Dr. Klein to say Durst is not fit for trial. I saw one tweet that this Dr. was paid $140K to testify.

Addi - Talking Law, Trials & Stuff
@AddiTrialsStuff
·
47m
WATCH LIVE: CA v. #RobertDurst Murder Trial Day 36 - Defense Direct - Dr. Keith Klein - Motion For Mistrial!

link: https://twitter.com/hashtag/RobertDurst?src=hashtag_click&f=live

I wouldn't trust Durst or his attorneys not to be faking how seriously ill Durst is.
 

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