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

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Wednesday, March 17th:
*Readiness Hearing (@ 8:30am PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Alan Durst (57 @ time of crime/75/now 80) 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. 12 alternates. (Trial expected to last 5 months). Trial stopped 3/16/20 due COVID-19 & will restart on 7/27/20 & now will restart on 4/12/21. No court on Fridays.
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 7/17/20 reference post #197 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
7/31/20 Update: Next readiness hearing on 3/12/21. 3/12/21 Update: Durst was not transported from jail, hearing delayed to 11am. And hearing has been rescheduled to 3/17/21.
 
Cathy Russon
@cathyrusson
·
8m
BREAKING: #RobertDurst restart of trial now set for May 17. Was April 12. Judge is trying to ask Durst if he agrees to this delay, Durst is speaking very quietly. There will be a hearing with some testimony on April 12.

Durst attorney tells the judge they will be filing for a mistrial again. They've attempted many times to get a mistrial. Previous filings due to pandemic. Atty says this time the motion will be based off a recent 9th circuit ruling in Calif. No more details.

Defense wants a mistrial and wants a new jury selected. The jury is still empaneled from ONE YEAR AGO. There was approx 1 week of trial then halted due to pandemic.


link: https://twitter.com/cathyrusson
 
Monday, April 12th:
*Readiness (Motions) Hearing (@ 8:30am PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Alan Durst (57 @ time of crime/75/now 79) 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. 12 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. No court on Fridays.
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 7/17/20 reference post #197 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
7/31/20 Update: Next readiness hearing on 3/12/21. 3/12/21 Update: Durst was not transported from jail, hearing delayed to 11am. And hearing has been rescheduled to 3/17/21.
3//17/21 Update: Durst restart of trial now set for May 17, it was April 12. Superior Court Judge Mark Windham is trying to ask Durst if he agrees to this delay, Durst is speaking very quietly. There will be a readiness hearing with some testimony on April 12. Durst attorney tells the judge they will be filing for a mistrial again. They've attempted many times to get a mistrial. Previous filings were the due to pandemic. Attorney says this time the motion will be based off a recent 9th circuit ruling in Calif. Defense wants a mistrial & wants a new jury selected. The jury is still empaneled from ONE YEAR AGO. There was approximately 1 week of trial then halted due to pandemic.
 
“A Los Angeles judge Monday denied a defense motion for a mistrial in the case of Robert Durst, a New York real estate scion charged with murder for a longtime friend's killing in Benedict Canyon just before Christmas Eve 2000, ruling that evidence the defense sought to exclude can be admitted.

Durst's defense team argued that the case against their client is circumstantial and that evidence that he dismembered the body of his Texas neighbor -- in a separate case in which he was acquitted -- would inflame the jury and should not be allowed at trial.”




https://www.nbclosangeles.com/news/local/robert-durst-susan-berman-murder-dismemberment-los-angeles/2571566/%3famp
 
Judge Mark Windham denied a renewed motion by Durst's lawyers for a mistrial due to the "extreme delay" and ongoing concerns of mutations of COVID-19 that could pose a health threat to jurors and trial participants.

A panel of 23 jurors, including 11 alternates, had heard six days of testimony in the lengthy case before it was postponed March 12 last year as the virus outbreak worsened and led to court closures and a statewide stay-home order.
Robert Durst murder trial resumes May 17 after virus delay
 
from article in post #205:

The next pretrial and trial readiness hearing was set for May 13, with the judge saying he thought it was unlikely that the trial would resume as scheduled on May 17.
 
Defense Wants Jurors Re-Questioned Before Robert Durst's Trial Resumes | KFI AM 640

April 20, 2021

INGLEWOOD (CNS) - Defense attorneys are asking the judge to allow jurors in Robert Durst's trial -- which is set to resume next month -- to be questioned on nearly two-dozen topics given the pandemic-forced delay of more than a year since the panel began hearing the murder case against the real estate scion.

Durst's defense team is asking Superior Court Judge Mark Windham to allow them to ask a series of questions “in light of the extraordinary delay and circumstances which have transpired since the start of the trial in this case, and particularly in light of the high likelihood that the pandemic that has affected lives all over the world, has likewise impacted the lives of the jurors and/or their families.''
[.....]
The list of proposed questions include how the pandemic has affected jurors' lives; whether jurors believe continued jury service would create an extreme hardship; whether they or anyone in their family, household or close contacts has had COVID-19; whether they have received a COVID-19 vaccination; and if they have concerns that coming to court daily poses any risk to their health and safety.

Durst's attorneys noted in the court filing that they also want to ask jurors whether they “hold any resentments toward Mr. Durst or his defense team or the prosecution for continuing with the trial at this time,'' if they have seen or heard about the case during the lengthy delay, and if they have formed an opinion on whether Durst is guilty of murder. The defense team is asking that the judge otherwise question jurors if he decides that attorneys should not do so.
[.....]
The judge is allowing attorneys to give abbreviated opening statements anew -- which are now expected May 18 or 19 -- due to the lengthy disruption of the trial.
[.....]
At a hearing last week, the judge said evidence of Black's dismemberment and Kathie's disappearance could be introduced at trial to support a special circumstance allegation that Berman was killed because she was a witness, rather than to prove Berman's murder.

The judge said the prosecution could also use that evidence from Galveston to rebut the claim that Durst's wife had merely disappeared rather than been killed.
 
This hearing is not on the court site - I got this date on the article above...

Thursday, May 13th:
*Pretrial & Trial Readiness Hearing (@ 8:30am 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. 12 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. No court on Fridays.
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 3/12/21 reference post #204 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
3//17/21 Update: Durst restart of trial now set for May 17, it was April 12. Superior Court Judge Mark Windham is trying to ask Durst if he agrees to this delay, Durst is speaking very quietly. There will be a readiness hearing with some testimony on April 12. Durst attorney tells the judge they will be filing for a mistrial again. They've attempted many times to get a mistrial. Previous filings were the due to pandemic. Attorney says this time the motion will be based off a recent 9th circuit ruling in Calif. Defense wants a mistrial & wants a new jury selected. The jury is still empaneled from ONE YEAR AGO. There was approximately 1 week of trial then halted due to pandemic.
4/12/21 Update: Durst's defense team argued that the case against their client is circumstantial and that evidence that he dismembered the body of his Texas neighbor -- in a separate case in which he was acquitted -- would inflame the jury & should not be allowed at trial. Los Angeles Superior Court Judge Mark Windham said Monday that evidence of Black's dismemberment & Kathie's disappearance could be introduced at trial to support a special circumstance allegation that Berman was killed because she was a witness, rather than to prove Berman's murder. Judge Mark Windham Monday denied a defense's renewed motion for a mistrial due to the extreme delay & ongoing concerns of mutations of COVID. In response to a separate motion by the prosecution, the judge tentatively ruled against prosecutors, saying that Durst's brother Donald could not testify about allegations that the defendant had stolen funds from the family or family business. Windham called the connection to Berman's murder "remote”. Jurors will be called back to L.A. County Superior Court in Inglewood on May 17 for informal questioning. A new round of opening statements will tentatively be held a day or two later. A panel of 23 jurors, including 11 alternates, had heard 6 days of testimony in the lengthy case before it was postponed March 12 last year as the virus outbreak worsened & led to court closures & a statewide stay-home order. The next pretrial & trial readiness hearing was set for May 13, with the judge saying he thought it was unlikely that the trial would resume as scheduled on May 17.
4/19/21 Update: Durst's defense team is asking Superior Court Judge Mark Windham to allow them to ask a series of questions “in light of the extraordinary delay and circumstances which have transpired since the start of the trial in this case, and particularly in light of the high likelihood that the pandemic that has affected lives all over the world, has likewise impacted the lives of the jurors and/or their families.''
 
From tweets re yesterday:

Cathy Russon
@cathyrusson
·
4h
Law&Crime’s camera will be in the courtroom Monday morning for a hearing regarding this motion #RobertDurst @LawCrimeNetwork
Tweet said:
Cathy Russon
@cathyrusson
· 4h
BREAKING- On the eve of resuming the #RobertDurst trial the defense has filed an emergency motion asking for an indefinite delay saying Durst has bladder cancer. @LawCrimeNetwork
Click to expand...

Asking for their client to be released on bail to a medical facility and to indefinitely delay the trial. They cite Durst's bladder cancer among multiple other health conditions. "...if he is forced to undergo the rigors of the trial.." could be life threatening

Link at tweet re motion filed.

link: https://twitter.com/cathyrusson



And found this article:

Attorneys Want Robert Durst's Trial Postponed Indefinitely | KFI AM 640

May 14, 2021

INGLEWOOD (CNS) - Attorneys for Robert Durst filed an emergency motion today asking a judge to postpone his murder trial indefinitely and release him on a “high bail amount,” citing the 78-year-old real estate scion's “serious health conditions.”
[.....]
In the defense's motion, Durst's attorneys say a criminal trial is “mentally, physically and emotionally draining.”

“It is grueling for a healthy individual, let alone a 78-year-old man with serious health conditions, including bladder cancer, prior esophageal cancer, malnutrition, coronary artery disease with drug eluting stents, atrial fibrillation and chronic kidney disease,” attorneys Dick DeGuerin, David Z. Chesnoff, Chip B. Lewis and Donald M. Re wrote in the filing. “Here, if Mr. Durst is forced to undergo the rigors of trial (and trial preparation), he faces serious risks to his health, and possibly to his life.”

The defense attorneys -- who have repeatedly asked for a mistrial -- wrote in the motion that Durst is incarcerated with “extremely limited medical care” and that medical records show that his condition has worsened.
[.....]
Local News
Attorneys Want Robert Durst's Trial Postponed Indefinitely
By City News Service
May 14, 2021

INGLEWOOD (CNS) - Attorneys for Robert Durst filed an emergency motion today asking a judge to postpone his murder trial indefinitely and release him on a “high bail amount,” citing the 78-year-old real estate scion's “serious health conditions.”

The court papers were filed less than a week before jurors in Durst's trial are set to return to court Monday following a delay of more than a year as a result of the coronavirus pandemic.

Jurors heard opening statements and two days of testimony about the December 2000 shooting death of Durst's longtime friend, Susan Berman at her home in the Benedict Canyon area of Los Angeles, before the case was put on hold in mid-March of last year due to concerns about COVID-19. The pandemic forced court officials to close the county's courthouses to all but time-sensitive, essential matters.

In the defense's motion, Durst's attorneys say a criminal trial is “mentally, physically and emotionally draining.”

“It is grueling for a healthy individual, let alone a 78-year-old man with serious health conditions, including bladder cancer, prior esophageal cancer, malnutrition, coronary artery disease with drug eluting stents, atrial fibrillation and chronic kidney disease,” attorneys Dick DeGuerin, David Z. Chesnoff, Chip B. Lewis and Donald M. Re wrote in the filing. “Here, if Mr. Durst is forced to undergo the rigors of trial (and trial preparation), he faces serious risks to his health, and possibly to his life.”

The defense attorneys -- who have repeatedly asked for a mistrial -- wrote in the motion that Durst is incarcerated with “extremely limited medical care” and that medical records show that his condition has worsened.

“Here, while the charge at issue is serious, the requested conditions of GPS monitoring, release to a medical facility with security, and a high bail amount, will ensure that Mr. Durst is not a risk of flight and he is not a danger to the community,” the attorneys wrote, adding that Durst would “pay for and provide his own security.”

It was not immediately clear whether prosecutors will file a written response to the defense's motion or wait to respond at a court hearing Monday morning, just before jurors are due back in court for a one- to two-day orientation.

The judge said earlier this year that he will allow attorneys to give abbreviated opening statements anew due to the lengthy disruption of the trial, which has been moved from the Airport Courthouse in Los Angeles to a larger courtroom at the nearby courthouse in Inglewood because of concerns about social distancing.
 
Niner said:
<rsbm>
“Here, while the charge at issue is serious, the requested conditions of GPS monitoring, release to a medical facility with security, and a high bail amount, will ensure that Mr. Durst is not a risk of flight and he is not a danger to the community,” the attorneys wrote, adding that Durst would “pay for and provide his own security.”
Click to expand...
er...sounds like a great arrangement, what could go wrong? :D
 
Court site still has this happening & not finding any articles on the motion to continue filed by defense the other date - so going to post this.

Monday, May 17th:
*Trial set to begin (@ 8:30am 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. 12 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. No court on Fridays.
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 4/19/21 reference post #209 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
5/13/21 Update: Defense attorney is asking that Durst to be released on bail to a medical facility as he has bladder cancer. Which could delay the trial. In the defense's motion, Durst's attorneys say a criminal trial is “mentally, physically & emotionally draining.” “It is grueling for a healthy individual, let alone a 78-year-old man with serious health conditions, including bladder cancer, prior esophageal cancer, malnutrition, coronary artery disease with drug eluting stents, atrial fibrillation & chronic kidney disease,” attorneys Dick DeGuerin, David Z. Chesnoff, Chip B. Lewis & Donald M. Re wrote in the filing. “Here, if Mr. Durst is forced to undergo the rigors of trial (and trial preparation), he faces serious risks to his health, and possibly to his life.” It was not immediately clear whether prosecutors will file a written response to the defense's motion or wait to respond at a court hearing Monday morning, just before jurors are due back in court for a one- to two-day orientation. The judge said earlier this year that he will allow attorneys to give abbreviated opening statements anew due to the lengthy disruption of the trial, which has been moved from the Airport Courthouse in Los Angeles to a larger courtroom at the nearby courthouse in Inglewood because of concerns about social distancing. Trial begins on 5/17/21.
 
Robert Durst's family helped cover up murder of wife: lawyers

In court Monday, Judge Mark Windham denied a motion by Durst’s lawyers to delay the trial in Berman’s death — although he said he would schedule a hearing in future to consider evidence regarding his health.

Durst attorney Dick DeGuerin claimed his elderly client, who was not in court, needs “urgent hospitalization” and better care than can be provided by “medical students” in jail.

DeGuerin said Durst suffers from a multitude of ailments, including pancreatic cancer and heart, liver and lung disease.

“This is something that’s very serious,” he told the judge. “The doctor simply says, ‘The question is not just whether he can endure the rigors of a trial. The question is whether he can survive at all.'”
 
Since the Judge said in the article above ^^ he will proceed trial on Tuesday.

Tuesday, May 18th:
*Trial set to begin (delayed by 1 day) (@ 8:30am 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. 12 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.
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 5/13/21 reference post #213 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
5/17/21 Update: Judge Mark Windham denied a motion by Durst’s lawyers to delay the trial in Berman’s death — although he said he would schedule a hearing in future to consider evidence regarding his health. Durst attorney Dick DeGuerin claimed his elderly client, who was not in court, needs “urgent hospitalization” & better care than can be provided by “medical students” in jail. DeGuerin said Durst suffers from a multitude of ailments, including pancreatic cancer & heart, liver & lung disease. But lead prosecutor John Lewin debunked the claims, saying Durst is receiving proper medical care behind bars — with no guarantee, his health would improve if the trial were delayed for several months. However, the judge has vowed to try to push ahead & is due to question the jurors on Monday before resuming the proceedings on Tuesday, 5/18/21.
Also: Prosecutors in Westchester County have reopened a cold-case homicide probe into the 1982 disappearance of Kathie Durst, whose husband, real estate heir Robert Durst, has long been suspected in her death. “The Westchester DA’s Office Cold Case Unit was established to review & reinvestigate unsolved homicides,” District Attorney Miriam Rocah said in a statement Monday, 5/17/21. “It is reviewing a number of cases, including the death of Kathie Durst.” Kathie Durst was last seen leaving the South Salem home the couple shared on Jan. 31, 1982. Her body has never been found.
Per Judge trial will continue on 5/18/21 with opening statement.
 
A few tweets from yesterday





Law&Crime Network @LawCrimeNetwork
·
19h


TODAY: @LawCrimeNetwork
will bring you inside the courtroom when the murder trial for real estate heir #RobertDurst resumes after a year-long hiatus. Watch LIVE beginning today at 12pm ET.

THIS WEEK @LawCrimeNetwork is LIVE in the #RobertDurst trial beginning with a motion hearing 12pm ET today.

Watch @LawCrimeNetwork now with host Bob Bianchi @RBianchiEsq, civil rights trial lawyer Jim DeSimone and defense attorney Eric Faddis getting you caught up on the #RobertDurst murder trial in the death of Susan Berman.




Cathy Russon @cathyrusson
18h


NEW! Attorneys representing Kathleen Durst’s family say #RobertDurst brother Douglas & father Seymour aided in the cover-up of Kathleen’s disappearance & murder
@LawCrimeNetwork





Law&Crime Network @LawCrimeNetwork
·
17h


#RobertDurst stands trial for the 2000 murder of friend Susan Berman, and Judge Mark Windham wants to pick up where they left off last year when courts shut down due to COVID-19. Court begins NOW.

BREAKING: #RobertDurst refused to get in the jail transport this morning and is not present in court.

Durst atty Dick Deguerin objects to his co-counsel being behind plexi glass and not sitting near him. He says it's unacceptable.

Judge now addressing defense emergency motion to delay trial. "My tentative ruling is to DENY your motion."

Judge Windham DENIES defense motion to delay trial. The defense has had 5 years to prepare. A physical disorder does not necessary mean incompetence.

Judge now moving on to questioning this jury. He said he's not allowing a questionnaire and cites multiple case law.

COURT RECESSED and jurors will be brought in. NO CAMERA allowed. I will be in the courtroom and live tweeting.

NINE jurors have stayed back and handing notes to court personnel. 6 women, 3 men.

Judge: I'm allowing counsel to present what they believe the evidence will show and they are aware what evidence I have allowed & excluded.

All of this centers around defense proposed opening to jurors that in 1982 Durst wasn't worried that police were going to think he killed Kathie because he knew witnesses had said she had been seen therefore destroying state theory that Berman was used to cover up

HUGE FIGHT In the courtroom just now. Defense attorney DeGuerin and prosecutor Lewin SCREAMING at each other. Judge sent them to their corners.

E1oGBTgUYAAl8AW


Opening statements tomorrow morning in #RobertDurst trial. @LawCrimeNetwork will bring you inside the courtroom when the murder trial for real estate heir #RobertDurst resumes after a year-long hiatus. Watch LIVE beginning May 17th. Read more: http://bit.ly/3vuNv2A
 




Cathy Russon @cathyrusson
·
1h #RobertDurst - Hearing this morning at 9am pt/12pm ET followed by the jury reporting at 10am pt/1pm ET for opening statements. All can be watched live on @LawCrimeNetwork and our YouTube channel


·
57m #RobertDurst - Attorneys just went back in chambers.


Hearing Durst IS here today. I haven’t seen him yet as they haven’t let us in the courtroom

·
36m #RobertDurst - Attorneys are still in chambers






Cathy Russon

@cathyrusson
·
5m


#RobertDurst - Stilllllll waiting in the hallway
 
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