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

  • #81
Too Late for Sister-in-Law to Sue Robert Durst

August 7, 2019

"MANHATTAN (CN) – A wrongful-death lawsuit for the disappearance of Robert Durst’s first wife is 35 years too late, a New York judge ruled Monday.

Durst, the real estate heir who ostensibly confessed on a hot lapel microphone in the finale episode of the 2015 HBO documentary series “The Jinx,” got hit with the lawsuit earlier this year by Carol Bamonte, the sister of his first wife, Kathleen.

Though Kathleen disappeared without a trace in 1982, relatives only began the process of having her declared decease a year after Durst’s “Jinx” bombshell.

“What the hell did I do? Killed them all, of course,” Durst had said when left alone in an interview room, apparently forgetful of the microphone.

Though Bamonte insisted that she brought the suit within two years of the certificate declaring Kathleen dead, Justice Paul Goetz found this too late Monday.

“It is well-established both under the plain language of the statute and the relevant case law, that the wrongful death claims accrues at the time of the decedent’s death,” Goetz wrote. “Given that Kathleen Durst died in 1982 and this action was not commenced until 2019, defendant has met his prima facie burden of showing that the action is time-barred.”

Robert Abrams, an attorney for Bamonte with Abrams Fensterman, voiced disappointment but said he remains “encouraged that Robert Durst will eventually be charged and convicted for Kathie’s murder in New York state.”...

Durst’s criminal trial on Berman’s death is slated to begin in Los Angeles Superior Court next year.

Abrams maintained in his filing that the Los Angeles prosecutor will be required to prove that Robert Durst killed Kathleen Durst in order to charge Berman’s death as a special circumstances murder of a witness under California Penal Code Section 190.2."

Too Late for Sister-in-Law to Sue Robert Durst
--------------------------------------

Robert Durst Successfully Defends Against Lawsuit Accusing Him of Killing His Wife

August 7, 2019

Robert Durst Successfully Defends Against Lawsuit Accusing Him of Killing His Wife
Wait... how can the judge be certain Kathy "died in 1982" since her body has never been located? IMO, the 2-year filing deadline should be from the date she was declared dead.
 
  • #82
'I had to, it was her or me - I had no choice': What Robert Durst told friend after 'killing friend Susan Berman', as revealed in tapes of pals testifying against him

16 August 2019

"Real estate scion Robert Durst is awaiting trial accused of murdering his longtime friend Susan Berman in 2000

Next Monday, NBC's Dateline will air prerecorded testimony from one of Durst's pals who claims the billionaire confessed to the gruesome slaying

The program will also feature an exclusive interview with another of Durst's friends, who now believes he committed the crime

Durst, 76, is currently being held in the medical ward of the Los Angeles Twin Towers Correctional Facility and his trial is scheduled for 2020

Durst has been ill since suffering esophageal cancer in 2007 and more recently was hit by hydrocephalus, a build up of fluid on the brain.

The New York real estate scion who was the subject of the hit HBO documentary series The Jinx in 2015, is also suspected of killing his first wife ...

The Dateline special, 'Robert Durst: The Secret Tapes' will air on NBC on Monday, August 19 at 10pm ET/9pm CT"

Friends of Robert Durst speak out saying they believe he murdered Susan Berman | Daily Mail Online
 
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  • #83
Dateline NBC (10 p.m., NBC) - “Dateline” will air rarely-seen video of killer Robert Durst’s friends testifying as to why Durst may have killed his best friend, Susan Berman. It’s pre-recorded testimony that may be used at Durst’s trial next year. We hear from friends Nick Chavin and Emily Altman. “Dateline” also has a recording, more than 30 years old, of Berman discussing the disappearance of Durst’s first wife, Kathie. If you don’t know the story of Robert Durst and his many bad deeds, do whatever it takes to watch the HBO documentary series “The Jinx” as soon as possible. It’s unbelievable.

https://www.newsobserver.com/entertainment/tv/warm-tv-blog/article234090162.html
 
  • #84
  • #85


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A Frail Robert Durst Appeared in Court Wearing ‘Fall Risk’ Bracelet

September 3rd, 2019

"Disgraced real estate magnate Robert Durst, 76, appeared in court Tuesday wearing a “fall risk” bracelet, an indication that the accused murderer’s health may have taken a turn for the worse behind bars. ...

During Tuesday’s hearing, Durst’s attorneys made two distinct arguments before Judge Mark E. Windham. First, they claimed that the Magistrate judge relied on “conditional examination evidence” and “1390 evidence,” known as “forfeiture by wrongdoing,” to form the basis of the holding order against Durst. Under California’s criminal code, Section 1390 is an exception to the hearsay rule of evidence which allows for an individual’s statement to be admissible if that statement “is offered against a party that has engaged, or aided and abetted, in the wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.”

The second argument was that the state put forth insufficient evidence for “lying in wait” special circumstances. Such circumstances refer to the premeditated act of hiding and waiting for an individual with the intent to kill or inflict serious bodily harm on that person.

Durst’s trial had originally been scheduled to begin in September, but was pushed back at the defense’s request until January...."

A Frail Robert Durst Appeared in Court Wearing ‘Fall Risk’ Bracelet
 
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  • #86
Robert Durst Hearing Part 1 09/03/19


Robert Durst Hearing Part 2 09/03/19


Robert Durst Hearing Part 3 09/03/19

 
  • #87
Robert Durst Hearing Part 4 09/03/19


Robert Durst Hearing Part 5 09/03/19


Robert Durst Hearing Part 6 09/03/19

 
  • #88

Attachments

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  • #89
Monday, Nov. 4th:
*Pretrial Hearing (@ PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Durst (75/57 @ time of crime) arrested (3/14/15) extradited (11/1/16 from Indiana prison to Calif.) & charged with 1st degree murder. Plead not guilty. Held without bond.
Was serving a 7 year federal prison term for illegal possession of a revolver at the time of his New Orleans’ arrest.
Trial is set begin on 1/13/20.

Court information from 12/27/18 thru 7/10/19 reference post #75 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*

Arraignment hearing set for 11/8/19. Trial starts 1/13/20.
7/10/19 Update: Motions hearing re to allow prosecutors to present testimony from handwriting experts. Hearing is set for 7/17 on the issue.
7/17/19 Update: Judge rules jurors may consider handwriting evidence that prosecutors say implicates him in the killing of his longtime friend. Next arraignment hearing on 11/18.
10/28/19 Update: Pretrial hearing on 11/4.




@gitana1 - could it be possible for you to look up the case # for me - it's L.A. County - TIA!
 
  • #90
Monday, Nov. 4th:
*Pretrial Hearing (@ PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Durst (75/57 @ time of crime) arrested (3/14/15) extradited (11/1/16 from Indiana prison to Calif.) & charged with 1st degree murder. Plead not guilty. Held without bond.
Was serving a 7 year federal prison term for illegal possession of a revolver at the time of his New Orleans’ arrest.
Trial is set begin on 1/13/20.

Court information from 12/27/18 thru 7/10/19 reference post #75 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*

Arraignment hearing set for 11/8/19. Trial starts 1/13/20.
7/10/19 Update: Motions hearing re to allow prosecutors to present testimony from handwriting experts. Hearing is set for 7/17 on the issue.
7/17/19 Update: Judge rules jurors may consider handwriting evidence that prosecutors say implicates him in the killing of his longtime friend. Next arraignment hearing on 11/18.
10/28/19 Update: Pretrial hearing on 11/4.




@gitana1 - could it be possible for you to look up the case # for me - it's L.A. County - TIA!

Ok. Hold on.
 
  • #91
Monday, Nov. 4th:
*Pretrial Hearing (@ PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Durst (75/57 @ time of crime) arrested (3/14/15) extradited (11/1/16 from Indiana prison to Calif.) & charged with 1st degree murder. Plead not guilty. Held without bond.
Was serving a 7 year federal prison term for illegal possession of a revolver at the time of his New Orleans’ arrest.
Trial is set begin on 1/13/20.

Court information from 12/27/18 thru 7/10/19 reference post #75 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*

Arraignment hearing set for 11/8/19. Trial starts 1/13/20.
7/10/19 Update: Motions hearing re to allow prosecutors to present testimony from handwriting experts. Hearing is set for 7/17 on the issue.
7/17/19 Update: Judge rules jurors may consider handwriting evidence that prosecutors say implicates him in the killing of his longtime friend. Next arraignment hearing on 11/18.
10/28/19 Update: Pretrial hearing on 11/4.




@gitana1 - could it be possible for you to look up the case # for me - it's L.A. County - TIA!
Here's what I found:

SA089983

It shows different dates though. The arraignment was on 11-8-18. Not set for 11-8-19.

Trial is set for February. It looks like it is the same case that was initially at another courthouse. Same docket entry date as the arrest date in the article.
 
  • #92
Thanks gitana - I'll check it out tomorrow - going to sleep now! :)
 
  • #93
Upcoming Scheduled Events

Date Time Location Dept/Room Number
December 3, 2019 10:00 AM Airport Courthouse W81 MOTION

February 11, 2020 09:00 AM Airport Courthouse W81 JURY TRIAL

link: Criminal Case Summary - Online Services - LA Court


edited to add: I see his trial date has changed....
 
  • #94
Tuesday, December 3rd:
*Motion Hearing (@ 10am PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Alan Durst (75/57 @ time of crime) arrested (3/14/15) extradited (11/1/16 from Indiana prison to Calif.), charged (10/25/18) & arraigned (11/8/18) with 1st degree murder. Plead not guilty. Held without bond.
Was serving a 7 year federal prison term for illegal possession of a revolver at the time of his New Orleans’ arrest.
Trial is set to begin on 2/11/20.

Court information from 12/27/18 thru 7/10/19 reference post #75 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*

Arraignment hearing set for 11/8/19. Trial starts 1/13/20.
7/10/19 Update: Motions hearing re to allow prosecutors to present testimony from handwriting experts. Hearing is set for 7/17 on the issue.
7/17/19 Update: Judge rules jurors may consider handwriting evidence that prosecutors say implicates him in the killing of his longtime friend. Next arraignment hearing on 11/18. 11/18/19: Hearing rescheduled.
11/4/19 Update: Next motion hearing on 12/3. Trial has been rescheduled for 2/11/20 from 1/13/20.
 
  • #95
  • #96
Hmmm.... the trial date was changed on this.

Upcoming Scheduled Events

Date Time Location Dept/Room Number
January 6, 2020 08:30 AM Airport Courthouse W81 FURTHER PROCEEDINGS

January 13, 2020 10:00 AM Airport Courthouse W81 MOTION

February 10, 2020 09:00 AM Airport Courthouse W81 JURY TRIAL


link: Criminal Case Summary - Online Services - LA Court
 
  • #97
Monday, January 6th:
*Further Proceedings Hearing (@ 8:30am PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Alan Durst (75/57 @ time of crime) 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 is set to begin on 2/10/20.

12/10/19 Update: In a new motion filed on Monday (12/9/19), the LA County District Attorney argued that certain statements from a 2015 interview with prosecutors that Durst and his team are trying to get thrown out, doesn’t hold merit. Durst’s team has been arguing that the March 15, 2015 interview should not be admissible. As the Court is painfully aware, the admissibility of Defendant’s March 15, 2015 interview (“NOLA Interview”) has been challenged, litigated, & relitigated in every legitimate, and sometimes illegitimate, legal context. Defendant’s objections have been lodged, argued, & rejected by this Court in no less than six previous hearings. Scheduled to return to court Tuesday (12/10/19) at 10 a.m. at the LA County Superior Court. The hearing on Tuesday will argue whether the statements should remain or not. Motions hearing moved to 12/11.
12/11/19 Update: Next further proceedings hearing on 1/6/20, motion hearing on 1/13 & trial begins on 2/10/20.


 
  • #98
  • #99
Monday, January 13th:
*Motions Hearing (@ 10am PT) – CA – Susan Berman (55) (Dec. 24, 2000, Beverly Hills) – *Robert Alan Durst (75/57 @ time of crime) 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 is set to begin on 2/10/20.

12/10/19 Update: In a new motion filed on Monday (12/9/19), the LA County District Attorney argued that certain statements from a 2015 interview with prosecutors that Durst and his team are trying to get thrown out, doesn’t hold merit. Durst’s team has been arguing that the March 15, 2015 interview should not be admissible. As the Court is painfully aware, the admissibility of Defendant’s March 15, 2015 interview (“NOLA Interview”) has been challenged, litigated, & relitigated in every legitimate, and sometimes illegitimate, legal context. Defendant’s objections have been lodged, argued, & rejected by this Court in no less than six previous hearings. Scheduled to return to court Tuesday (12/10/19) at 10 a.m. at the LA County Superior Court. The hearing on Tuesday will argue whether the statements should remain or not. Motions hearing moved to 12/11.
12/11/19 Update: Next further proceedings hearing on 1/6/20, motion hearing on 1/13 & trial begins on 2/10/20. In public filings Durst admitted writing the so-called cadaver note — an anonymous letter sent to Beverly Hills police containing only Berman’s address and the word “cadaver”. Next motions hearing on 1/13.
 
  • #100

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