The Los Angeles prosecutor who spent eight years pursuing Robert Durst earlier than convincing a jury the eccentric millionaire murdered his greatest good friend Susan Berman says it’s “absurd” to recommend the technicality that can posthumously void Durst’s conviction is a victory.
Durst died Monday at age 78, 4 months after he was convicted of killing Berman execution-style in December 2000. Because he died together with his enchantment nonetheless pending, California legislation dictates his conviction have to be vacated.
“It’s basic law. If your conviction is not final when you die, your conviction is never going to be final,” Durst’s lead lawyer Dick DeGuerin advised Rolling Stone. “The appeal is now dead. It’s over. We’ll never have an answer to it, legally.”
DeGuerin, who stated his consumer was affected by a litany of well being woes together with bladder most cancers, confirmed that Durst filed his discover of enchantment and was “in the process of arranging for an appellate lawyer when he died.”
“He’s had a very tough, tortured existence the last decade. Being in jail and being so ill, I didn’t think he was going to survive the trial. He shouldn’t have been tried in his condition,” DeGuerin stated.
Deputy District Attorney John Lewin, who prosecuted the case in California, stated whereas it’s true “Durst will not stand convicted of murder,” he’s adamant “the only reason for that is because he died.”
“The evidence is what the evidence is,” he stated after convincing 12 jurors that Durst murdered Berman as a result of he needed to ensure her silence after she helped him cover his tracks within the 1982 disappearance of his first spouse, Kathie Durst.
“I think we demonstrated beyond any reasonable doubt that he murdered Susan Berman, that he did it because she was a witness to his killing of Kathie Durst and that he murdered [his Texas neighbor] Morris Black. And I think that any idea that somehow this mitigates or lessens Bob Durst’s culpability is absurd,” Lewin stated.
Beyond vacating his California conviction, Durst’s loss of life on Monday means he’ll now not face trial in New York’s Westchester County following his Nov. 1 indictment on prices he murdered Kathie.
One well-placed supply tells Rolling Stone that Kathie’s household is disillusioned the trial gained’t occur however nonetheless hopeful extra particulars about Kathie’s destiny will come to mild — even when Durst took her last resting place to his grave.
“I think the family is realistic. Even if [they] had a general area of where she was at, or even exactly where she was at, it’s been 40 years in the ground. At this point, it’s not necessarily as important,” the supply stated. “Her body parts, at this point, would be so severely decomposed.”
Westchester County DA Miriam Rocah stated Monday she empathized with Kathie’s remaining kinfolk.
“After 40 years spent seeking justice for her death, I know how upsetting this news must be for Kathleen Durst’s family,” Westchester DA Miriam E. Rocah stated in a press release Monday. “We had hoped to allow them the opportunity to see Mr. Durst finally face charges for Kathleen’s murder because we know that all families never stop wanting closure, justice and accountability.”
Her office stated it deliberate “to make further information surrounding this case available to the public, to the extent allowed by law, at a press conference in the coming days.”
A lawyer for Kathie’s siblings, in the meantime, stated the household was planning a separate press convention for Jan. 31.
“Although Robert Durst has died, the ongoing investigation into those who helped him cover up her murder continues. On January 31, 2022, the 40th anniversary of Kathie’s murder, we will provide a further update. In the interim, please say a prayer for Kathie and his other victims,” lawyer Bob Abrams stated.
In March of 2019, Kathie’s sister Carol Bamonte filed a wrongful loss of life grievance in New York alleging Durst killed Kathie as a result of she deliberate to discover his household’s business dealings. The lawsuit claimed Durst lined up the homicide with assist from his “crime family.” It singled out Durst’s father Seymour, different Durst Organization representatives, and even Berman with claims they interfered with the investigation by telling police Kathie had a “$1,000-a-week drug habit” and was flunking out of faculty. The swimsuit was thrown out as a result of the statute of limitations had expired.
Lewin stated Monday that he doesn’t imagine Durst had any accomplices.
“I’m 100 percent confident that Bob Durst killed Kathie Durst alone, that Bob Durst alone got rid of her body and that Bob Durst alone killed Susan Berman,” he advised Rolling Stone. “Any idea or any accusations that other people were involved in committing this crime or in helping Bob get rid of bodies, or in setting up murders, there’s not one iota of evidence that I’ve examined to support it.”