TX - Trial of Robert Durst in the murder of Morris Black

[Luvrosco]

Lawyers: Millionaire Robert Durst Illegally Arrested
NEW ORLEANS — Mar 20, 2015, 3:18 PM ET
By KEVIN McGILL Associated Press

Millionaire Robert Durst was illegally arrested on charges that he murdered a woman in California, as well as drug and weapons charges filed in New Orleans, attorneys said in court papers Friday.
In the papers filed at the State Criminal District Court in New Orleans, William Gibbens and Dick DeGuerin asked a magistrate judge to schedule a preliminary hearing so that they can prove that there is no probable cause to keep Durst jailed. They say he should be released.
The judge agreed to schedule that hearing during another court appearance by Durst on Monday in New Orleans.
http://abcnews.go.com/Entertainment...aire-robert-durst-illegally-arrested-29788978

Oh no! I hope his lawyers can't prove this. He should not be set free.

 

[Rosebutter]

I'm sorry if the link to the police sketch of the person Karen Mitchell was last seen with didn't work for someone, but I clicked on the link in my post again and it still took me to the story and the sketch, not back to WS, so not sure why someone else is taken somewhere else. Anyway I realize that the police sketch has a BIG nose and I also realize that Durst's nose is not quite that big, but I still believe it is the correct shape and his nose is wider at the bottom, similar to the sketch. As far as many of the police sketches that I have seen throughout the years, I think it is a fairly good likeness to RD. Of course I have no idea if he grabbed her, but he was in our area during the years surrounding her disappearance. I just thought I would put it out there so others can see for themselves. Police sketches are never picture perfect, but based on a person's perception of what he/she saw and then described to the artist.

As far as the description of the color of the car this person saw Karen get into?? Again it could be an individual's perception of color. All people do not see colors the same. My father found out when he was in the army that he was color ignorant. The colors he had problems with were blue and green perceptions. He may see something as green and someone else would see the same color as blue. I'm just saying anything is possible. Eyewitness testimony is not always accurate.

 

[Wishbone]

Oh no! I hope his lawyers can't prove this. He should not be set free.

I hope LE is treading very carefully on everything they do…..Durst’s attorneys are not country bumpkins even if they do try to talk that way on occasion. Being from California originally I got a kick out of the attorney ads on TV here in Texas….CALL MY LAWYER…. Said with that southern drawl. Well, from past performance, Dick DeGuerin and company are not to be taken lightly.

 

[Hiandmighty]

Oh no! I hope his lawyers can't prove this. He should not be set free.

This is what I am saying; he is a slippery dude with expensive lawyers. They need to get him in jail by any means they can that will hold up....

 

[Wishbone]

I'm sorry if the link to the police sketch of the person Karen Mitchell was last seen with didn't work for someone, but I clicked on the link in my post again and it still took me to the story and the sketch, not back to WS, so not sure why someone else is taken somewhere else. Anyway I realize that the police sketch has a BIG nose and I also realize that Durst's nose is not quite that big, but I still believe it is the correct shape and his nose is wider at the bottom, similar to the sketch. As far as many of the police sketches that I have seen throughout the years, I think it is a fairly good likeness to RD. Of course I have no idea if he grabbed her, but he was in our area during the years surrounding her disappearance. I just thought I would put it out there so others can see for themselves. Police sketches are never picture perfect, but based on a person's perception of what he/she saw and then described to the artist.

As far as the description of the color of the car this person saw Karen get into?? Again it could be an individual's perception of color. All people do not see colors the same. My father found out when he was in the army that he was color ignorant. The colors he had problems with were blue and green perceptions. He may see something as green and someone else would see the same color as blue. I'm just saying anything is possible. Eyewitness testimony is not always accurate.

The sketch also showed a perp with blue eyes....contacts?

 

[Rosebutter]

Who really knows when it comes to Durst, maybe he had on the rubber mask they found when he was arrested!

 

[Hiandmighty]

I believe I just saw on daily mail le says durst not a suspect in her disappearance. Someone go check -- my battery dying. Gotta go recharge

 

[Batman's Mommy]

Lawyers: Millionaire Robert Durst Illegally Arrested
NEW ORLEANS — Mar 20, 2015, 3:18 PM ET
By KEVIN McGILL Associated Press

Millionaire Robert Durst was illegally arrested on charges that he murdered a woman in California, as well as drug and weapons charges filed in New Orleans, attorneys said in court papers Friday.
In the papers filed at the State Criminal District Court in New Orleans, William Gibbens and Dick DeGuerin asked a magistrate judge to schedule a preliminary hearing so that they can prove that there is no probable cause to keep Durst jailed. They say he should be released.
The judge agreed to schedule that hearing during another court appearance by Durst on Monday in New Orleans.
http://abcnews.go.com/Entertainment...aire-robert-durst-illegally-arrested-29788978

This is really going to be interesting. I can see how they are going to try and get him off the charges in Louisiana because of how the law is written.

This is an article about the legislation in Louisiana.

http://www.nola.com/crime/index.ssf/2014/07/louisiana_supreme_court_uphold_4.html

Courts in other states with laws similar to Louisiana's have concluded that restrictions on felons are permissible. The U.S. Supreme Court also has upheld laws restricting gun possession by felons, by mentally ill people and in locations such as schools, Louisiana's justices said.

Under Louisiana law, people convicted of felony crimes are barred from having guns within 10 years of the time they complete their punishment, whether prison or parole. In the cases at hand, the Louisiana Supreme Court said the three defendants, all convicted felons, re-offended "within a relatively short period of time."

From the murderpedia site, there are articles that discuss his convictions.
http://murderpedia.org/male.D/d/durst-robert.htm

Durst pleads guilty; gets 5-year sentence

Sep. 29, 2004

New York real estate heir Robert Durst pleaded guilty Wednesday to bond-jumping and evidence-tampering in connection with the death and dismemberment of his elderly neighbor.

The plea bargain was accepted hours after an appellate judge removed District Judge Susan Criss from the case amid defense arguments that she was biased. Criss, who had previously rejected a plea deal, presided over Durst’s murder trial in which he was acquitted of intentionally killing 71-year-old Morris Black.

This is what he was convicted of.

Durst was sentenced to five years for the two bond-jumping charges and one evidence- tampering charge. Durst, who has been in jail since late 2001, will receive credit for time served.

The Louisiana law RS 14:95.1

§95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies

A. It is unlawful for any person who has been convicted of a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes, to possess a firearm or carry a concealed weapon.

B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned at hard labor for not less than ten nor more than twenty years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars. Notwithstanding the provisions of R.S. 14:27, whoever is found guilty of attempting to violate the provisions of this Section shall be imprisoned at hard labor for not more than seven and one-half years and fined not less than five hundred dollars nor more than two thousand five hundred dollars.

C. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.

D. For the purposes of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

In 2005, Durst violated the terms of his parole and had to serve the remainder of his sentence....I believe it was four months, so he didn't finish his sentence until March 1, 2006.

Millionaire in jail on parole violation

Dec. 21, 2005

Texas millionaire Robert Durst, acquitted of a murder in the death of his neighbor four years ago, is in a Houston jail on parole violation.

OR are his attorney's going to try and argue that RD's felonies are not in the same "category" as those stipulated in 14:95.1(A) and 14:2(B)?

Louisiana law RS14:2(B)

B. In this Code, "crime of violence" means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as "crimes of violence":

(1) Solicitation for murder.

(2) First degree murder.

(3) Second degree murder.

(4) Manslaughter.

(5) Aggravated battery.

(6) Second degree battery.

(7) Aggravated assault.

(8) Mingling harmful substances.

(9) Aggravated rape.

(10) Forcible rape.

(11) Simple rape.

(12) Sexual battery.

(13) Second degree sexual battery.

(14) Intentional exposure to AIDS virus.

(15) Aggravated kidnapping.

(16) Second degree kidnapping.

(17) Simple kidnapping.

(18) Aggravated arson.

(19) Aggravated criminal damage to property.

(20) Aggravated burglary.

(21) Armed robbery.

(22) First degree robbery.

(23) Simple robbery.

(24) Purse snatching.

(25) Extortion.

(26) Assault by drive-by shooting.

(27) Aggravated crime against nature.

(28) Carjacking.

(29) Illegal use of weapons or dangerous instrumentalities.

(30) Terrorism.

(31) Aggravated second degree battery.

(32) Aggravated assault upon a peace officer with a firearm.

(33) Aggravated assault with a firearm.

(34) Armed robbery; use of firearm; additional penalty.

(35) Second degree robbery.

(36) Disarming of a peace officer.

(37) Stalking.

(38) Second degree cruelty to juveniles.

(39) Aggravated flight from an officer.

(40) Repealed by Acts 2014, No. 602, §7, eff. June 12, 2014.

(41) Battery of a police officer.

(42) Trafficking of children for sexual purposes.

(43) Human trafficking.

(44) Home invasion.

(45) Domestic abuse aggravated assault.

(46) Vehicular homicide, when the operator's blood alcohol concentration exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.

 

[ScarlettScarpetta]

Oh no! I hope his lawyers can't prove this. He should not be set free.

Yeah, No.. He is arrested on Drug and weapons charges also.

He is not going anywhere.. But this is another reason that NO needs to send him to CA.;

 

[Rosebutter]

I believe I just saw on daily mail le says durst not a suspect in her disappearance. Someone go check -- my battery dying. Gotta go recharge

I'm not saying I think he did or did not have anything to do with her disappearance, it is just more info swirling around RD and I read that investigators are looking at all places that he has lived. I personally think he would be suspicious if he knew her from two businesses she worked and I also personally think the police sketch is very similar to him and that is my opinion only. It was a very long time ago that Karen disappeared and, well, like Kathy Durst, she just up and disappeared without a trace. There have never really been ANY suspects in her disappearance. I don't think until recently, that the local police even knew RD owned a house in Trinidad and our local news station did say that the local police were interested in hearing about Durst, so like I said, until this week, they were clueless.

 

[Batman's Mommy]

And it begins.....bring in the clowns....

I don't see how they are going to argue the drug charges unless they are trying to claim unlawful search and seizure and unlawful detainment? I don't think that applies to drugs.

Now, I'm wondering if RD is going to come up with a prescription for medical marijuana...................

I'm wondering if the date of the arrest warrant was prior to the release of the final episode of The Jinx, last Sunday? Does anyone know when that was done? I have a feeling that is going to be an argument by the defense as well....

 

[Wishbone]

Batman's Mommy

"OR are his attorney's going to try and argue that RD's felonies are not in the same "category" as those stipulated in 14:95.1(A) and 14:2(B)?"

Looks like that is what they are planning to do


“However, Durst's attorneys say his previous convictions are not serious enough to merit the gun charge.”

http://abcnews.go.com/Entertainment...aire-robert-durst-illegally-arrested-29788978

 

[Wishbone]

And it begins.....bring in the clowns....

I don't see how they are going to argue the drug charges unless they are trying to claim unlawful search and seizure and unlawful detainment? I don't think that applies to drugs.

Now, I'm wondering if RD is going to come up with a prescription for medical marijuana...................

I'm wondering if the date of the arrest warrant was prior to the release of the final episode of The Jinx, last Sunday? Does anyone know when that was done? I have a feeling that is going to be an argument by the defense as well....

I haven’t been able to find anything about what date the warrant for Berman’s murder was issued….

Durst, 71, was arrested by FBI agents Saturday afternoon at a New Orleans hotel, a day before the final episode of the HBO series aired, a law enforcement source briefed on the investigation told ABC News.
FBI agents believed Durst may have wanted to flee the country, possibly to Cuba, as he registered under an alias at the hotel, paid with cash, and was found with fake documents, said the source. According to nola.com, Saturday marked the first nonstop flight from New Orleans to Cuba since 1958.
http://abcnews.go.com/US/robert-durst-arrested-orleans/story?id=29650536

 

[Batman's Mommy]

Batman's Mommy

"OR are his attorney's going to try and argue that RD's felonies are not in the same "category" as those stipulated in 14:95.1(A) and 14:2(B)?"

Looks like that is what they are planning to do


“However, Durst's attorneys say his previous convictions are not serious enough to merit the gun charge.”

http://abcnews.go.com/Entertainment...aire-robert-durst-illegally-arrested-29788978

I saw that, too. I'm curious as to how the "10" year part of the law applies, as well, in this circumstance?

 

[Batman's Mommy]

I haven’t been able to find anything about what date the warrant for Berman’s murder was issued….

Durst, 71, was arrested by FBI agents Saturday afternoon at a New Orleans hotel, a day before the final episode of the HBO series aired, a law enforcement source briefed on the investigation told ABC News.
FBI agents believed Durst may have wanted to flee the country, possibly to Cuba, as he registered under an alias at the hotel, paid with cash, and was found with fake documents, said the source. According to nola.com, Saturday marked the first nonstop flight from New Orleans to Cuba since 1958.
http://abcnews.go.com/US/robert-durst-arrested-orleans/story?id=29650536

Me, either..... Ooohhhh, how I hope they have all their ducks in a row!!! RD doesn't need to be able to interact with society.

AND, regardless of what happens in LA, I sure hope that they make LE transport him to CA.......

 

[Wishbone]

Me, either..... Ooohhhh, how I hope they have all their ducks in a row!!! RD doesn't need to be able to interact with society.

AND, regardless of what happens in LA, I sure hope that they make LE transport him to CA.......

I hope they didn't just hurry and arrest him because they thought he might flee to cuba and not have that murder warrant already issued....guess time will tell because his attorneys will be looking for any loophole they can find. I too would like to see the Berman case proceed even tho it most likely will be years before it makes it to trial.

 

[TexMex]

http://www.newsweek.com/what-it-was-work-robert-durst-315251

“His place was fuming with weed and he was stoned all the time,” Sam said. “Instead of having a bulletin board on his wall, he would take sticky notes and thumbtacks and stick them right into the wall of a nice, New York apartment.” Jamie added that Durst “quite liked his [drugs],” a characterization that jibes with prior media reports that categorize Durst as a marijuana user.

 

[ScarlettScarpetta]

For a first-time offender, the charge of illegally carrying a weapon in the presence of a controlled substance carries a maximum penalty of 10 years, and possession of a firearm by a convicted felon carries a maximum of 20 years, according to Orleans Parish district attorney's office spokesman Christopher Bowman.

But for someone with a felony record, the maximum penalty could be life in prison, Bowman said.

Bowman declined to say Thursday whether his office plans to prosecute Durst before he is extradited to California.
http://www.latimes.com/local/lanow/la-me-ln-robert-durst-oakland-woman-20150319-story.html

I am really glad that it seems that NY is now using this to push again for Kathy. I hope beyond hope that something turns up and that they can give her family some peace.

 

[TexMex]

I am really glad that it seems that NY is now using this to push again for Kathy. I hope beyond hope that something turns up and that they can give her family some peace.

Yes. Read the vanity fair article I linked up thread. One of Kathies friends has never stopped pursuing Bobby. She and the family deserve some resolution

 

[ScarlettScarpetta]

Lawyers: Millionaire Robert Durst Illegally Arrested
NEW ORLEANS — Mar 20, 2015, 3:18 PM ET
By KEVIN McGILL Associated Press

Millionaire Robert Durst was illegally arrested on charges that he murdered a woman in California, as well as drug and weapons charges filed in New Orleans, attorneys said in court papers Friday.
In the papers filed at the State Criminal District Court in New Orleans, William Gibbens and Dick DeGuerin asked a magistrate judge to schedule a preliminary hearing so that they can prove that there is no probable cause to keep Durst jailed. They say he should be released.
The judge agreed to schedule that hearing during another court appearance by Durst on Monday in New Orleans.
http://abcnews.go.com/Entertainment...aire-robert-durst-illegally-arrested-29788978

They want evidence preserved huh? Did they think the police were going to throw it out? He was arrested by LA police not CA police so how would the JINX have anything to do with that???? How did they know he was there?