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

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Notes from closing arguments/Defense, for Robert Durst, murder of Susan Berman--9/9/21


Deguerrin: I have known the defendant for over 20 years and am proud to say so. I am proud to stand beside him, with my small law firm, at a time when almost nobody would do so...This ordeal has stretched out into a year and a half ...It is my honour to represent him in this ordeal. [Deguerrin appears to be near tears with voice cracking]

Making him a liar doesn't make him a killer---they have no direct evidence---

Objection:improper
then Judge gives instructions about circumstantial evidence...says it is direct evidence

defense- You must find him not guilty if you have doubts about the circumstantial assumptions being made by the prosecution...

Their goal is to prove that Bob killed Kathy and Susan called the Dean of her medical school. But if we can show you that is false, their case is over.

He sits here accused by the massive power of the state. We are at a disadvantage.

First, you shouldn't have been hearing about the Galveston case in this trial. It is here to prejudice you.

It is horrible what bob did to that body---but the jury was intelligent enough to separate that from the manner in which he died. He was just shown to be Not Guilty of that murder. Do not hold that against him---it was a single accidental gunshot---self defense.

In that case there was an abundance of evidence against Robert---[lists evidence found, gun, in his name found, etc]

objection:
Judge---lets stay on track..

D: prosecution is trying to get a do over of that trial. It is over and done with.
there is no place on the jury form for you to find him guilty of that---it is here just to prejudice you against him. Dont let your emotions rule your logic.

Nothing that he did to the body taints the way he died. It also happened 9 months after Susan Berman died.

Well, if he killed her to shut her up, then what was he worried about ?

what evidence is there that Robert killed Kathy? How did she die? Where did she die? When did she die? They didnt answer any of that for you.

That is reasonable doubt if they leave all of that unanswered.


keep in mind--the presumption of innocence. That can be removed ONLY if the prosecution meets its burden of proof, beyond a reasonable doubt.

If you are still asking yourself those important questions, then you must have some doubts. The prosecution failed in their efforts to prove their case.

We can show you in great detail, on Monday, that it was not Susan that made that call to the dean. And that makes the state's case fall apart completely.

So why are we here? I'd say because of Mr Jarecki and The Jinx.
 
Oh, that's another thing that angered Lewin, when Deguerrin said 'my little law firm'---lmao

Lewin said angrily to the judge. Your honour, this multimillionaire bought himself top notch defense with a team of 9 high priced attorneys on his case---it is not a little law firm--and that was a charade.

Looks like the defense got under Lewin skin. Is he feeling nervous?
 
Oh, that's another thing that angered Lewin, when Deguerrin said 'my little law firm'---lmao

Lewin said angrily to the judge. Your honour, this multimillionaire bought himself top notch defense with a team of 9 high priced attorneys on his case---it is not a little law firm--and that was a charade.

Looks like the defense got under Lewin skin. Is he feeling nervous?
Nahh. Lewin nervous? Just Lewin being Lewin. This in-depth article about him is one of my favorites (got a little crush goin on ;))
https://www.lamag.com/longform/the-ice-man/
 
Nahh. Lewin nervous? Just Lewin being Lewin. This in-depth article about him is one of my favorites (got a little crush goin on ;))
https://www.lamag.com/longform/the-ice-man/

yeah he is amazing! What a hero

He was justifiably mad after that last BS-athon by DeGuerin - that was ridiculous! IMO there’s kind of a struggle because the defense can only make a case by stretching the rules a bit here & there - as they have no case - and the court lets them get away with it because the alt feels like not letting them present a case at all. But Lewin is not having it & argues every minor point to exhaustion… he is so impressive! He has the no-stone-unturned energy for this that’s normally only see from a million-dollar defense. He’s been running the show all along & just keeps at it!
 
Monday, Sept. 13th:
*Trial continues (Day 57)-Closing arguments continued (@ 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. Another juror excused (8/19/21) due to scheduling. Now 8 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.
Upcoming schedule: Thursday, 8/26 ending 4pm, Tuesday, 8/31 ending 2:45pm, Thurs. 9/2-DARK, 9/6-DARK/Labor Day, Tues, 9/7-DARK/ Jewish Holiday & Thurs, 9/16 (if still going) DARK/Yom Kippur. Closing arguments begin 9/8 & half of 9/9. Defense closing late 9/9/21 & back on 9/13/21 with defense concluding their closing & jury should have case on 9/14/21.

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 1-55 (5/18/21 thru 9/8/21) reference post #680 here:
https://www.webs+sleuths.com/forums...los-angeles-23-dec-2000-arrest.324950/page-34

9/9/21 Thursday, Trial Day 56: Closing arguments continued by Prosecutor Habib Balian and rests. Defense attorney Dick DeGuerin did closing arguments & then on Monday, defense attorney David Chesnoff’s portion of closing will begin. Closing continues on Monday, 9/13/21.
 
I've watched most of Mr. Chesnoff's closing argument. He has held my attention and I am aware Chesnoff is considered an excellent defense atty. He seems to be doing a pretty good job attempting to convince jury that prosecution has't presented any solid evidence to prove Durst guilty of murdering Susan Berman. Court is now recessing an-hour-and-a-half for lunch.
 
Oh, just got home and I missed the morning---how did the defense do? Did they prove that Susan didnt make that call?
 
I've watched most of Mr. Chesnoff's closing argument. He has held my attention and I am aware Chesnoff is considered an excellent defense atty. He seems to be doing a pretty good job attempting to convince jury that prosecution has't presented any solid evidence to prove Durst guilty of murdering Susan Berman. Court is now recessing an-hour-and-a-half for lunch.
ugh, he is doing a good job?

Did he have a good answer for why Bobby was at Susan's home while her body was still warm?
 
For Tuesday, 9/13 morning session

Cathy Russon
@cathyrusson
·
4h
#RobertDurst - Defense closing arguments continue today at 9am PT/12pm ET with David Chesnoff taking the reigns. Once he is finished prosecutor John Lewin will give the state's rebuttal closing argument.

David Chesnoff will also be using @LawCrimeNetwork
clips from the this trial in his closing argument. That's being prepped now.

Judge and attorneys in court. Jury not brought in yet. Discussing an admonition Lewin wants read to the jury.

Judge.jpg

Judge Windham tells Lewin not to say the court is twisting DeGuerin's words to come up with innocent intent, "Now YOU are treading on thin ice!"

Defense attorney David Chesnoff now giving his portion of the defense closing argument. "I've been assisting citizens and their loved ones in courtrooms for 40 yrs against the power of the state. Please from all walks of life..."

Chesnoff.jpg

Chesnoff says the reason we have a juror system is to protect people like Bob from the immense power the state has.

Chesnoff2.jpg

Some clients David Chesnoff has represented over the years include: Bruno Mars, Loenardo DiCaprio, Saguille O'Neal, Britney Spears, Mike Tyson, Paris Hilton, Lindsay Lohan, Cristiano Ronaldo & David Copperfield.

Chesnoff reminds jurors they spent months hearing about Kathie Durst and Morris Black but they are only here to decide on the death of Susan Berman.

Chesnoff shows jurors one of their instructions: Special Circumstances: Murder of Witness. The prosecution must prove Susan was a witness to a crime....."what's the crime she's supposed to have witnessed? They don't say she was in South Salem.

Instructions.jpg


link: https://twitter.com/cathyrusson


I'll post the rest in the morning - hopefully we have a verdict tomorrow - late in the afternoon maybe ?? :)
 
I am not sure I buy the defense argument that the state was wasting the juror's time by talking so much about the other two victims.

If the jury didn't have that context, the murder of Susan would make no sense. Why would someone kill their long time best friend?

"It was either her or me"<<<<< That only makes sense to the jury if they know about his missing wife, and Susan being a very close friend
of Bobby's at the time she went missing.

And Galveston was necessary because people need to understand how Robert thinks and operates. He does extreme things and makes impulsive decisions. Galveston illustrates that perfectly.

I know the defense is saying there is no evidence---and that may be true about the missing wife. There is no solid evidence. Thus he is not on trial for that case now.

But there is important evidence in Susan's murder. One being that Durst puts himself in her house while her body is still warm. And he doesn't call 911. And there is no evidence that they spoke to each other planning any kind of visit.

And there is the cadaver letter, which he lied about for years. And all the lies he told trying to pretend there was a planned vacation between them. Add all of that to the info about the other two victims in Durst's life---and it seems to me that he was Susan's killer.
 
Also, I question the point made by the defense today that Susan had to actually witness the murder to be considered a victim because she was a murder witness.

I know about cases where a 'witness' was called to testify because they saw the murderer after the killing and saw them washing their clothing. And another case where the witness was confessed to by a drunk friend. They didnt see the crime happen but were still testifying as witnesses to the incident because of that interaction.

And if that defendant tried to kill their friend, because of their prior confession , it could be charged as a witness killing. JMO
 
No, but they have attempted to show that prosecution has not proved that it was not Kathy who did make the call.
Right. But to believe that, we have to accept that KD made that call to her dean, saying she was sick, and then was never heard from again. Why run off when you are so close to graduating from med school? And how did you stay below the radar for so long?
 
Right. But to believe that, we have to accept that KD made that call to her dean, saying she was sick, and then was never heard from again. Why run off when you are so close to graduating from med school? And how did you stay below the radar for so long?
Agree. And...why would Kathy make the phone call to the dean (top guy) and not her course instructor? Going to the top guy sounds more like something Susan was accustomed to doing. (Bob and Susan probably had no idea who Kathy's course instructor was.)
 
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Hubby has been slightly annoyed that I have been watching Durst's trial all day , with it being such a long defendant testimony and cross---and he didn't even know who Durst was really. He is not a true crime kind of a guy at all.

So tonight I got him to watch 'All Good Things' with me tonight. And now he is fascinated by the trial. lol...But I had to explain that the movie had some Hollywood touches that were not true.
 

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