Robert Durst’s defense team has asked for a mistrial in the real estate scion’s Los Angeles murder case, arguing that delays in court proceedings caused by the coronavirus will make it impossible for him to receive a fair trial.
Durst was standing trial in the 2000 murder of his longtime confidante Susan Berman when the pandemic paralyzed most of the nation. Prosecutors contend that Durst killed Berman to prevent her from spilling incriminating information about the 1982 disappearance of his first wife, Kathleen, whose body was never found.
Durst, 77, who was charged with Berman’s murder in 2015, around the same time an HBO documentary reignited national interest in the case, has pleaded not guilty.
The last hearing in the case took place on March 12, before it was suspended due to the virus.
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“Even in the best case scenario, assuming it will be safe to resume trial in early June, more than eighty days will have elapsed before the jury reconvenes,” read the 29-page motion.
Durst’s defense team argued that the gap in time would make it “unrealistic” to believe jurors could retain important details from early testimony or avoid outside influences.
“The risk that jurors will not be accurately able to recall the evidence introduced prior to adjournment is heightened here. The trial is expected to be a long and complex one, lasting approximately four to five months,” the motion read. “The People’s witness list contains approximately 115 names.”
The Los Angeles County district attorney’s office did not immediately respond to a request for comment. The motion was presented to Judge Mark Windham and the prosecution on Wednesday, but the copy reviewed by the Los Angeles Times was not time stamped, meaning it was not clear if it had been officially filed with the court yet.
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The coronavirus outbreak has frozen most court proceedings statewide. California’s chief justice, Tani G. Cantil-Sakauye, issued an order Wednesday extending an emergency rule allowing courts to delay criminal trials an additional 30 days because of the pandemic. Statewide, courts are only allowing a limited number of proceedings to take place to limit the risk of spreading the coronavirus in the cramped confines of most courtrooms.
The next hearing in the case is scheduled for May 26 in the Airport Courthouse.
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May 01, 2020 at 12:50AM
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Robert Durst seeks murder case mistrial, cites coronavirus - Los Angeles Times
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