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

[Niner]

Monday, August 9th:
*Trial continues (Day 40) (@ 11am 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 rested their case on Tuesday (8/3/21). Defense has 2, possibly 3 witnesses (one is the defendant) & thinks 2 weeks for their case & will begin their case on 8/3/21 afternoon. Judge Windham denies the defense motion for mistrial based on their client's health & inability to testify on 8/2/21. Judge denies defense motion for judgment of acquittal.
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 1-38 (5/18/21 thru 8/4/21) reference post #480 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
8/5/21 Thursday, Trial Day 39: Defense witness: Dr. Elizabeth Loftus, memory expert back on stand. Reported that someone who had recently been inside the courtroom has tested positive for Covid. Trial halted until at least Monday, 8/9/21 at 11am. The defense memory expert will be back on the stand.

 

[CHEL]

Durst is on the stand.

 

[Chelly]

Durst is on the stand.

Amazing! I'm watching his testimony.

 

[Chelly]

Robert Durst Murder Trial WATCH LIVE STREAM

 

[Blondiexoxo]

Why is his voice like that? I seriously doubt Durst will last to the end of the year if convicted. He doesn’t seem in the best health.

 

[Tortoise]

Why is his voice like that? I seriously doubt Durst will last to the end of the year if convicted. He doesn’t seem in the best health.

Article from June 2021 -

"In making the case last month for a continuance, lead defense attorney Dick DeGuerin reeled off a list of Durst's serious health concerns, including severe malnourishment, a recurrence of esophageal cancer, atrial fibrillation, chronic kidney disease, coronary disease, chronic obstructive pulmonary disease and spinal disease."

Judge: Robert Durst being treated in jail hospital

 

[Chelly]

Listening to Durst, I'm reminded he could always recount an interesting story.

 

[Niner]

for Monday, Aug. 9th:

Cathy Russon
@cathyrusson
·
13h
#RobertDurst - Our photog is shooting the ceiling. That means court is getting ready to begin.

Jury entering.

#RobertDurst is still in jail clothes. That must mean he still has a catheter. His hair has grown back a lot since the last jail haircut/head shave.



Prosecutor Lewin jokes to Dr. Loftus that he's about 3/4 done with her cross-exam (she's been on the stand for days). He then said he was kidding and should be wrapped up with her by lunch, which is in 45 mins.



Prosecutor Lewin jokes to Dr. Loftus that he's about 3/4 done with her cross-exam (she's been on the stand for days). He then said he was kidding and should be wrapped up with her by lunch, which is in 45 mins.

This means #RobertDurst will likely take the stand before the day's end.

Under cross-exam, Dr. Loftus says she watched some but not all of the testimony in this trial including the conditional exam witnesses. Lewin asks in order to give an accurate assessment she'd have to review it all. Objection/sustained.

Now moving to her testimony in #HarveyWeinstein. Lewin asks what her fee was supposed to be, she settled on $14K.

Lewin's cross-exam is over! Now Chesnoff on redirect of Dr. Loftus.

Defense attorney Chesnoff is done with redirect of Dr. Loftus but it’s unclear if prosecutor Lewin will recross. It was not said in open court and now everyone is recessed for lunch until 1:30 pt/4:30 ET.

Dr. Loftus is back on the stand following the lunch break. This means Lewin will have some recross. We have to wait a bit longer for the defendant to testify.

DON'T MISS THIS! Defendant Robert Durst is expected to take the stand soon.

#RobertDurst - BREAKING: Court is taking a 15 min recess to set up the courtroom for Durst to testify! He can't get on the stand due to wheelchair so other accommodations are being made. We are moving our mic setup to better hear him.

#RobertDurst will be in his wheelchair just to the side of the witness stand. Jury box on his left.

It took some maneuvering but we're ready for the jury. Camera/mics in place. How long will Durst be on the stand???

#RobertDurst is reading the iPad next to him since his hearing is so bad, he reads the real-time transcription.



#RobertDurst - LISTEN: Here is how Durst's voice sounds. He explains he's hard of hearing and is now explaining his health problems.

Attorney Dick DeGuerin now moves to Durst's childhood. He's talking about his siblings. Douglas, Wendy & Tommy.

Durst testifies that one night his father got him out of bed and told him to see his mother out on the roof. Douglas Durst testified this was a lie and that Bob didn't see it. Bob says Douglas was lying.

CORRECTION: He says it was his grandfather that got him out bed.

Durst says he saw "mommy on the roof". He did not see her jump or fall. He waved to her then he was taken back to his bedroom and shortly after his father yelled, "Call the fire dept". Then he heard the maid yell, "She's locked the room!"

Durst: I saw my mother lying on the cobblestone. Objection by Lewin that then led to a sidebar.

After the sidebar Durst said he blamed his father for his mother's death. He ran away from home. He said 7-yr-old "Bobby Durst knew his father killed his mother".

After many objections Durst says something like, Why don't you just ask John (prosecutor Lewin) tell you what questions he wants me to answer.

Now Bob talking about meeting Susan Berman at UCLA. Her father had owned hotels in Vegas and had something to do with the mob. Both her parents were now dead. Durst and Berman hit it off immediately.



Bob says Susan Berman graduated journalism school, she got a job with the S.F. Chronicle. After one year she went to work for City Magazine (local S.F. publication) "Susan became a star. She wrote an article....called Why I Can't Get Laid in San Francisco"

Notice Dick DeGuerin is also wearing a face shield (not a mask). Durst stares at his mouth trying to read his lips as he goes back and forth with looking at the transcription on the tablet.



Durst now discussing how he tried to find a place in New England to open a health food store and a general store. He found Middlebury, VT was an ideal place for the stores. He said it was quaint, not a lot of competition. He leased 4,000 sqft

Durst's mind is sharp as a tack. He has dates, names, places going back to the sixties. Remember, his defense has said over and over he's too ill to testify but we know that Durst himself has been waiting for this day.

Robert Durst now talking about Kathie McCormick -whom he would later marry. "She was pretty." Durst said. Kathie Durst would later vanish and never be seen again

DeGuerin: Did you and Kathie hit it off well?
Durst: we hit it off well.

Durst says he and Kathie fell in love. "We were both in love." He's now talking about his business plan for the store in VT (It was called "All Good Things").

#RobertDurst with a chuckle, "It progressed in the usual way." Talking about how his relationship with Kathie McCormack progressed after meeting her.

Defense attorney Dick DeGuerin is seated in front of Durst, just to his right. This is so Durst can hear/read his lips as best as possible.



That's it until Wednesday. Tomorrow is dark, it was scheduled weeks ago. A juror has an appointment. Durst will continue his testimony under direct exam on Wednesday, 9am PT/12pm ET.

After the jury leaves for the day, Lewin wants to put on the record that not only is Durst testifying with complete command but he's got a substantially better memory than their memory expert.

Chesnoff: He just can't help himself.


link: https://twitter.com/cathyrusson

 

[Tortoise]

Listening to Durst, I'm reminded he could always recount an interesting story.

His memory is sharp and he is really present. I would say wily. I noticed he glanced at the jury to see their reactions a few times, his mind is youthful. It highlights the tricks the attorneys were playing. He wants to be heard but will there be theatrics when it comes to cross-exam?

If he was put in isolation I think he'd die the next day. He thrives on an audience, always having to stick in his oar.

 

[Chelly]

His memory is sharp and he is really present. I would say wily. I noticed he glanced at the jury to see their reactions a few times, his mind is youthful. It highlights the tricks the attorneys were playing. He wants to be heard but will there be theatrics when it comes to cross-exam?

If he was put in isolation I think he'd die the next day. He thrives on an audience, always having to stick in his oar.

Agree with your assessment @Tortoise . After following Durst for many years, I can only say he is an outlandish and unique character...MOO!

 

[Chelly]

for Monday, Aug. 9th:

Cathy Russon
@cathyrusson
·
13h
#RobertDurst - Our photog is shooting the ceiling. That means court is getting ready to begin.

Jury entering.

#RobertDurst is still in jail clothes. That must mean he still has a catheter. His hair has grown back a lot since the last jail haircut/head shave.

View attachment 308253

Prosecutor Lewin jokes to Dr. Loftus that he's about 3/4 done with her cross-exam (she's been on the stand for days). He then said he was kidding and should be wrapped up with her by lunch, which is in 45 mins.

View attachment 308254

Prosecutor Lewin jokes to Dr. Loftus that he's about 3/4 done with her cross-exam (she's been on the stand for days). He then said he was kidding and should be wrapped up with her by lunch, which is in 45 mins.

This means #RobertDurst will likely take the stand before the day's end.

Under cross-exam, Dr. Loftus says she watched some but not all of the testimony in this trial including the conditional exam witnesses. Lewin asks in order to give an accurate assessment she'd have to review it all. Objection/sustained.

Now moving to her testimony in #HarveyWeinstein. Lewin asks what her fee was supposed to be, she settled on $14K.

Lewin's cross-exam is over! Now Chesnoff on redirect of Dr. Loftus.

Defense attorney Chesnoff is done with redirect of Dr. Loftus but it’s unclear if prosecutor Lewin will recross. It was not said in open court and now everyone is recessed for lunch until 1:30 pt/4:30 ET.

Dr. Loftus is back on the stand following the lunch break. This means Lewin will have some recross. We have to wait a bit longer for the defendant to testify.

DON'T MISS THIS! Defendant Robert Durst is expected to take the stand soon.

#RobertDurst - BREAKING: Court is taking a 15 min recess to set up the courtroom for Durst to testify! He can't get on the stand due to wheelchair so other accommodations are being made. We are moving our mic setup to better hear him.

#RobertDurst will be in his wheelchair just to the side of the witness stand. Jury box on his left.

It took some maneuvering but we're ready for the jury. Camera/mics in place. How long will Durst be on the stand???

#RobertDurst is reading the iPad next to him since his hearing is so bad, he reads the real-time transcription.

View attachment 308255

#RobertDurst - LISTEN: Here is how Durst's voice sounds. He explains he's hard of hearing and is now explaining his health problems.

Attorney Dick DeGuerin now moves to Durst's childhood. He's talking about his siblings. Douglas, Wendy & Tommy.

Durst testifies that one night his father got him out of bed and told him to see his mother out on the roof. Douglas Durst testified this was a lie and that Bob didn't see it. Bob says Douglas was lying.

CORRECTION: He says it was his grandfather that got him out bed.

Durst says he saw "mommy on the roof". He did not see her jump or fall. He waved to her then he was taken back to his bedroom and shortly after his father yelled, "Call the fire dept". Then he heard the maid yell, "She's locked the room!"

Durst: I saw my mother lying on the cobblestone. Objection by Lewin that then led to a sidebar.

After the sidebar Durst said he blamed his father for his mother's death. He ran away from home. He said 7-yr-old "Bobby Durst knew his father killed his mother".

After many objections Durst says something like, Why don't you just ask John (prosecutor Lewin) tell you what questions he wants me to answer.

Now Bob talking about meeting Susan Berman at UCLA. Her father had owned hotels in Vegas and had something to do with the mob. Both her parents were now dead. Durst and Berman hit it off immediately.

View attachment 308256

Bob says Susan Berman graduated journalism school, she got a job with the S.F. Chronicle. After one year she went to work for City Magazine (local S.F. publication) "Susan became a star. She wrote an article....called Why I Can't Get Laid in San Francisco"

Notice Dick DeGuerin is also wearing a face shield (not a mask). Durst stares at his mouth trying to read his lips as he goes back and forth with looking at the transcription on the tablet.

View attachment 308257

Durst now discussing how he tried to find a place in New England to open a health food store and a general store. He found Middlebury, VT was an ideal place for the stores. He said it was quaint, not a lot of competition. He leased 4,000 sqft

Durst's mind is sharp as a tack. He has dates, names, places going back to the sixties. Remember, his defense has said over and over he's too ill to testify but we know that Durst himself has been waiting for this day.

Robert Durst now talking about Kathie McCormick -whom he would later marry. "She was pretty." Durst said. Kathie Durst would later vanish and never be seen again

DeGuerin: Did you and Kathie hit it off well?
Durst: we hit it off well.

Durst says he and Kathie fell in love. "We were both in love." He's now talking about his business plan for the store in VT (It was called "All Good Things").

#RobertDurst with a chuckle, "It progressed in the usual way." Talking about how his relationship with Kathie McCormack progressed after meeting her.

Defense attorney Dick DeGuerin is seated in front of Durst, just to his right. This is so Durst can hear/read his lips as best as possible.

View attachment 308258

That's it until Wednesday. Tomorrow is dark, it was scheduled weeks ago. A juror has an appointment. Durst will continue his testimony under direct exam on Wednesday, 9am PT/12pm ET.

After the jury leaves for the day, Lewin wants to put on the record that not only is Durst testifying with complete command but he's got a substantially better memory than their memory expert.

Chesnoff: He just can't help himself.


link: https://twitter.com/cathyrusson

@Niner : Thankful for your comprehensive Durst testimony summaries.

 

[Chelly]

Trial has resumed
Robert Durst Murder Trial WATCH LIVE STREAM

 

[Niner]

For Wednesday, August 11th:

Cathy Russon
@cathyrusson
·
3h
#RobertDurst - At 9am PT/12pm ET today, Bob Durst will return to the stand to testify in his own defense. He began his testimony Monday afternoon, court was dark yesterday. So far he's talked about his childhood, meeting Susan Berman and meeting/marrying Kathie.

#RobertDurst returns to the stand today. When he took the stand on Monday, the first question his attorney asked was,

"Bob, did you kill Susan Berman?"
Durst: "No"
DeGuerin: "Do you know who did?"
Durst: "No, I do not."

Discussion without jury present: Judge Windham warns Durst to only answer the questions his attorney asks him, and to not go on further. The concern is Durst will get into areas that were excluded in this trial and Galveston trial.



Now with the jury present, Durst's testimony continues. DeGuerin asking about when Susan and Kathie first met. Durst said they liked each other, they became very close friends. Kathie called Susan a big sister.



#RobertDurst testifies he married Kathie McCormack in 1973. He said they lived in his father's house with Douglas and his wife in another wing. They bought the South Salem house about a year after they got married.



#RobertDurst says the south Salem home was considered a cottage. It was 1100 sq ft with the main living floor being 800 sq ft. He said he enjoyed living there. They would go swimming in the lake.


me: nice cottage

Durst said Susan moved to New York and she first stayed in the townhouse in Manhattan in the 2nd bedroom for about 6 months. Durst said he and Kathie were in the townhouse infrequently so Susan was there most of that 6 months herself.

Durst at Morris Black trial. Durst at 2020 opening statements. Durst at 2021 opening statements. Durst today.


#RobertDurst testified that Kathie had applied to 8 different medical schools. When they finally told his father Seymour that she was applying to schools, he told them to apply to Albert Einstein since Durst's grandfather was a founder. Kathie then was accepted to Albert Einstein




link: https://twitter.com/cathyrusson

 

[Niner]

Trial from Wed., August 11th continued.

Cathy Russon
@cathyrusson
·
12h
#RobertDurst -Regarding the incident with Peter Schwartz where we've heard testimony that Durst kicked him in the face after finding him with Kathie, Durst says he either hit his face on the coffee table or somehow he hit his own face on Durst's foot.

- Lewin: Objection!
Windham: Overruled
Lewin: Your honor, can we approach?
Windam: Not on that
Lewin: Every time the defense asks to approach you let them
Windam: I don't see good reason here.
Lewin: I can't explain it from here Judge sighs & allows sidebar.



Durst's concern re: Kathie's cocaine use and medical school, "Well there's no way you can snort as much cocaine as she was snorting and still do the various stuff she was supposed to do. She was working in the hospital involved in patient care..."

Now talking about the weekend Kathie disappeared. Kathie came home around 10:30 pm Friday night in their Manhattan home. Durst wants to go to the So. Salem home, Kathie doesn't. They drive there anyway & arrive around 1:30am Sat, Jan. 30, 1982.



"Kathie slept half of Saturday." After arriving to So. Salem cottage at 1:30am Saturday. Sunday morning, Jan 31, 1982 - "Kathie was getting antsy...she wanted to do something." It had been raining, Durst told her to read a book, he wanted to watch a football game

Durst says later on Sunday, Jan 31st he went for a jog. When he got back, Kathie told him Gilberte had invited them over for dinner. "I absolutely did not like Gilberte. Did not like Gilberte's influence over Kathie." Durst says they didn't have a fight over it.

Durst told Kathie she could go to Gilberte's herself. She left in the afternoon to Gilberte's home. Durst said Kathie called him later and wanted to stay over at Gilberte's Sunday night. He told her she couldn't, that they had an appt at the vet the next day w/dog

Durst said the dog was now not really using his leg & had an appointment for him in the city early Monday morning, Feb. 1st so Kathie couldn't spend the night and needed to come back to the So. Salem cottage so they could leave early for the vet.

Durst regarding the weekend Kathie disappeared: Kathie was angry with me because it was raining. I assured her I had nothing to do with the rain.

Durst says Kathie returned to the Salem home around 7:30pm-7:45pm on Jan 31, 1982. Durst says she was "loaded". He said he was surprised she could have driven from Gilberte's house without "cracking up the car". He assumed she had done cocaine & def drinking.

Durst says Kathie wanted to drive to the city that night. He didn't think she was in any condition to drive. "I told Kathie that I was going to go out and disable the Mercedes."

Durst testifies that he told Kathie to give him the keys. They had an argument. He went to get the keys out of her coat draped over the couch, they both "dove" for the coat. He got one arm, she got the other and pulled. The keys fell out with other things.

Durst said he went outside, opened the car hood and disabled one of the battery cables. He said when he came back in, Kathie was just getting out the shower.

Durst: Kathie had just gotten out of the shower and was putting on the clothes she had worn Friday night. "Jeans and cowboy boots and cowboy-type shirt." She had a new idea, wasn't arguing with him anymore. She wanted Durst to drive her to the 9:15pm train

Durst: I made a lame effort to convince her to wait until morning. I didn't expect to win the argument. If she wanted to take the train I couldn't think of any reason for her not to take the train.

Durst says it's a 20 min drive from South Salem to the train station. "It's an easy drive."

Reminder: Durst is recalling the events of the weekend Kathie disappeared.

Durst says he took Kathie to the train station. The parking lot didn't have many cars. He was able to drive right up to the train station where they could sit in the car and wait for the train. He said there were half of dozen other cars waiting.

Durst says they only had to wait 5-10 mins before the train came. Everyone on the platform (6-8 people) walked on to the train. It said 30-45 secs, pulled off and left.

"That's the last time I saw Kathie."



DeGuerin: Did you actual see her get on the train?
Durst: Everyone has asked me that question & I've changed my mind. People got on the train, train left.
"Now did I actually see Kathie walk through the doors and onto the train? The answer is I don't know."

#RobertDurst says he lied to Det. Struk when he said he called Kathie and spoke to her after dropping her off at the train and she was watching the news. He said he lied because he wanted to convince that Kathie had arrived in the city.

Seemingly a perfect memory, however can't remember actually seeing Kathie get on the train.....

Earlier Durst said he can't recall if he actually saw Kathie get on the train, but just now said he couldn't imagine the last time he'd see Kathie is "when she stepped on to the train..." Note, he seemed to pause as he was saying it.


Durst def. sounds rehearsed but he's had 6 years to memorize dates/times he needed to know leading up to this moment. We know he's on the autism spectrum. It appears to me that's how his mind works, like he's seeing what he memorized play out in his head.

Court recessed until tomorrow at 9am PT/12pm ET. They ended an hour early today and will end an hour early tomorrow due to some scheduling conflicts. Durst back under direct exam tomorrow.


link: https://twitter.com/cathyrusson

 

[Niner]

Thursday, August 12th:
*Trial continues (Day 42) (@ 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 rested their case on Tuesday (8/3/21). Defense has 2, possibly 3 witnesses (one is the defendant) & thinks 2 weeks for their case & will begin their case on 8/3/21 afternoon. Judge Windham denies the defense motion for mistrial based on their client's health & inability to testify on 8/2/21. Judge denies defense motion for judgment of acquittal.
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 1-40 (5/18/21 thru 8/9/21) reference post #508 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
8/11/21 Wednesday, Trial Day 41: Defense witnesses: Robert Durst. Trial continues on 8/12/21.

 

[Tortoise]

For some reason Law & Crime has suddenly stopped putting the videos of his trial up on their youtube channel. Well at least I can't find them, so no opportunity to replay. Perhaps they're going to sell the footage to a documentary maker.

I thought I noticed a distinct change in his face and speech when he was talking about delivering Kathie to the station. Definitely more signs of nerves, compared to his previous delivery of evidence, it was like his eyes were frozen on one spot, not attentive to his surroundings, a switch was flipped into automatic mode and he wouldn't pause. It was all ridiculously devoid of any mention of Kathie, like he'd rehearsed this long spiel about parking the car, the other people all waiting inside their cars, they knew the train was coming because those people suddenly got out of their cars, nothing about his interactions with Kathie, or about her at all, no mention of why he was out of the car (he said 'then I got back in the car'), then he says the train was gone and there was nothing on the platform. Pure fiction, imo.

Interesting to see the change in his demeanor.

All moo

 

[Tortoise]

For some reason Law & Crime has suddenly stopped putting the videos of his trial up on their youtube channel. Well at least I can't find them, so no opportunity to replay. Perhaps they're going to sell the footage to a documentary maker.

I take that back they must have several youtube channels because it's there when I follow the link in Cathy Russon's Twitter

yes I've just noticed L&C also have channels B and C for some reason.

 

[Tortoise]

live feed for today if anyone wants

 

[imstilla.grandma]

During his testimony, Durst also stated that he lied to police in saying that he later spoke to her on the phone following her disappearance from the hamlet of South Salem in the town of Lewisboro in Northern Westchester County.

Oh boy! I’ve heard it all now. Yeah right.:
“I was imagining that she was out someplace having fun," Durst said. "It hadn’t occurred to me that anything had happened to her. It was more like, what had Kathie done to Kathie?"
Robert Durst Testifies He Lied To Police Night Wife Kathie Disappeared In Northern Westchester

 

[katydid23]

I was watching him recount his plans for wearing a wig and a dress and pretending to be mute, and suddenly it went to the ceiling....is it done for the day?