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

[Niner]

Tweets for Tuesday, Aug. 24th:

Cathy Russon
@cathyrusson
·
13h
#RobertDurst - NEW: Prosecutor John Lewin says he'll be questioning Durst into next week. ALSO, he plans to call "The Jinx" filmmaker Andrew Jarecki in rebuttal & possibly Douglas Durst. This trial isn't ending any time soon.



Durst is standing for the jury as they enter.

"BD story" - chronology covering 12 yrs of Durst's life that was compiled in preparation for the Galveston trial. When it was read during this trial, Durst stood up and said, "I did not write this." He just said that either Emily Altman or Derrisa Cheatham wrote it



When asked why in the "BD story" he didn't include that he had been in L.A. in Dec. 2000, Durst first said no one asked him that. After the court break, when asked again he said because Galveston judge had an order not to mention Susan Berman's death. (cont)

cont) Then, Lewin shows Durst that he did actually talk about Susan's death in the "BD story"....Durst admits that's in direct contradiction of what he said and isn't sure why it's in there. Lewin: Aren't you just making this up as you sit here?

Lewin will call Andrew Jarecki in rebuttal. Both sides have agreed to have him testify telephonically. Lewin is limited in questioning due to a stipulation. He says he only wants to ask about Durst testimony regarding Jarecki telling Durst what to say in The Jinx

Defense may call an Asperger's expert. They had always planned to call an expert but leading up to their case-in-chief they were unsure. Appears they are still unsure.

UPCOMING SCHEDULE CHANGES:
Thursday, Aug 26 ending 4pm PT
Tuesday, Aug 31st ending 2:45 PT
Thurs. Sept 2nd - DARK
Mon, Sept 6th - DARK/Labor Day
Tues, Sept 7th - DARK/Jewish Holiday
Thurs, Sept 16 (if still going) DARK/Yom Kippur

Lewin: Are you stalling for time right now?!
Durst: I'm no stalling for time. I'm in jail.

Lewin: Let's assume you're lying right now.
Durst: Let's assume I'm telling the truth.

Durst: I'm thinking about it.
Lewin: Are you thinking about it or are you making it up?

Lewin: You've said before that you lie a lot, but that doesn't mean you're a good liar. Does that mean just because you kill a lot, that doesn't mean you're good at it?
Durst: I think there's going to be an objection

VERY INTERESTING: Arguments outside the presence of the jury:
Judge Windham: "I think there is overwhelming evidence that Susan Berman did make the call."
Chesnoff: Excuse me?!

OUTSIDE THE PRESENCE OF THE JURY:
Lewin: Let's face it you honor, he's committed more perjury than I've ever seen in my life.....there's so much perjury that when I'm impeaching him about perjury he commits more perjury...


link: https://twitter.com/cathyrusson

 

[Niner]

Wednesday, August 25th:
*Trial continues (Day 49) (@ 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.
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 1-47 (5/18/21 thru 8/23/21) reference post #592 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
8/24/21 Tuesday, Trial Day 48: Per pre-court hearing - due to all Durst’s ridiculous lie-telling & tale-spinning, the prosecution is going to re-call his brother Douglas & also call Andrew Jarecki, the guy who made The Jinx. There was an agreement in place that all the Jinx footage would be played in lieu of calling Jarecki, but Lewin reserved the right to call Jarecki if Durst told lies about him.
Defense witness: Robert Durst still on cross-exam by John Lewin. Trial continues on 8/25/21.
Upcoming schedule: Thursday, Aug. 26 ending 4pm, Tuesday, Aug. 31st ending 2:45pm, Thurs. Sept. 2nd-DARK, Mon, Sept. 6th-DARK/Labor Day, Tues, Sept. 7th-DARK/Jewish Holiday & Thurs, Sept. 16 (if still going) DARK/Yom Kippur.

 

[taylorss]

Lewin: “Isn’t it true, Mr. Durst, that you are dead-caught in a giant lie right now & you have no idea what to say?”


with apologies to Mella Kaufman & the rest of Susan Berman’s loved ones… hahaha

 

[taylorss]

In addition to re-calling Douglas Durst & calling Jarecki, prosecution is considering another witness whose identity is kept secret for the time being. I hope that comes to pass … & wonder who it is! Would have be someone to rebut some of Bob’s lies on the stand… but he’s doing his best to tell his lies about dead people whenever possible. RN I can’t think of anyone other than Jarecki he’s lied about who hasn’t already been called … guess it could be something like a spouse or child of one of the subjects of his lies who has relevant knowledge.

 

[MajorHoople]

Lewin catching Durst in some lies about Berman and Morris Black. He is working on proving that both of them knew about his crimes and could put him in jeopardy.

Lewin got him to admit that he knew Berman had been telling people that she was the one who called Albert Einstein Med School, pretending to be his murdered wife, Kathy.

And Durst admitted he knew she was telling people that, but he insists that she was making up stories but he wasn't angry about it. { many of us might see that as a motive for murdering her once the case was reopened}

Same thing with Morris Black. Lewin got evidence that Durst admitted earlier, that Morris had found out his name was really Robert Durst, and he knew that Durst was running from a prosecutor named Janine Pirro. But Durst keeps insisting that it doesn't mean Morris knew anything incriminating that would make him dangerous to Durst's freedom.

Thanks for the updates!

 

[Niner]

For Wed. Aug. 25th:

Cathy Russon
@cathyrusson
·
28m
#RobertDurst - Delayed start today. No reason given. Bailiff says could be another 20 mins.

COURT IS LIVE. The defendant is on the stand for the TENTH day. Day 6 of cross-exam.



Today is Judge Windham's father's 89th birthday. He just gave a tribute to him followed by applause in the courtroom. Judge's father is watching our livestream.



And now we're back to Barry Wiener/Winer, the high school kid Durst said he hired to take care of the yard in South Salem. Weiner/Winer has been talked about ad nauseum.



Going over the "dig" note again. Durst said this bottom note about car/truck-rent was him asking high school kid Barry Winer to rent a truck to take his rotting sailboat to the town dump. The other day Lewin brought up that you must be 25 or older to rent.



Re: this notation on the "dig" note about car/truck-rent, Lewin is now asking Bob if he know a Lloyd Cunningham. Cunningham was a handwriting expert in this case - this brings objection from DeGuerin as this is not in evidence (no handwriting testimony) SIDEBAR



Lewin: Would you agree this does not say "truck", but it says "trunk"?
Durst; I believe it's truck.




link: https://twitter.com/cathyrusson


I'll probably finish up the tweets in the morning, as my sister arrives from Sweden in about an hour - so won't be back online later tonight!

 

[katydid23]

interesting argument between durst and Lewin over a scribbled list from 39 years ago---it looks to me like a list of optional ways to hide a body:
dump
dig
bridge
car trunk
shovel or check car trunk
dump
etc


But Durst had his own interpretation :
dig meant 'digital'
Bridge meant Bridgehampton, a special place they loved to visit together
Dump meant he had to dump his old boat and rent a car to tow it, etc

 

[katydid23]

Lewin: You said you were going to spend Christmas with Debbie, while under oath in Galveston

---but today you said you were going to be spending Christmas with Susan in California


Durst---I misspoke, should have said I was going to spends New Years with my wife instead---that is just a minor mistake

Lewin: But wait---didn
t you also say under oath that you did spend Christmas with your wife? And that was a lie, correct?

Durst: no it was a mistake...

Lewin: wasn't it an intentional lie as an alibi for Susans murder?

D: No, not at all

Lewin: why did you lie?

D: I don't remember

Lewin: Didn't it benefit you in the Galveston trial?

D: I dont think so

 

[katydid23]

Durst tried to pull a fast one and slip a new lie into his testimony this afternoon...

Lewin questioning him about his trip down to LA to see Susan. He claims that he and Susan had reservations at the Chateau Marmount on [dec 22nd] the night he is arriving.

He was driving from Northern Cali to Susan's home. He says he called her at 11 pm and told her he was having 'one of his episodes' and couldn't drive so he would see he in the morning. She told him she would try to cancel their reservations but they might be charged anyway...

Lewin traps him and says that she couldn't have spoken to him that night because she was already dead---the coroner testified to that by saying she would have been in rigor when Durst saw her body the next day. And she wasn't. SO DURST'S TIMELINE MAKES NO SENSE.


Before that trap was sprung, Durst tried to slip in a lie in his testimony about the phone call he made to her on the night of the 22nd. He said TODAY, that he thinks her killer was in her home when Durst was speaking to her on the call, because she was talking to someone else and interrupted the convo twice to answer them.

Which was a stupid move because Lewin just pulled up his testimony from a week ago, on direct, when he describes that call, and says nothing about the killer being there talking to her. He says there was a TV on in the background...that's it.

On the flip side, I think Lewin was being picky and unfair, when he kept attacking Durst about saying he took the 5 fwy to Bakersfield. Durst said he took an exit, went to first motel he came to in Bakersfield.

HOWEVER, when you are on the 5, there is a huge exit which was BAKERSFIELD EXIT---so Durst is likely correct...

 

[katydid23]

It was also a waste of time, in my opinion, when Lewin spent so much time trying to ridicule Durst's story about driving to Guerneville to buy a pound of pot from a off the grid pot farmer. Lewin tried to make fun of the story, as if it couldn't happen that way---but I used to live nearby in Mendocino, and that is exactly how it happens up there. I actually think Durst was telling the truth.

 

[katydid23]

Now on to him finding Susan's body at 10 am on the 23rd.

Durst has testified that he spoke to her at 11 pm--but her body is not in rigor now....

Durst said 'maybe she died at 9 am?' ----Lewin saying 'you told us her body was cold'-----

Durst said " I never said that'.....here we go again...

 

[katydid23]

now Durst is putting himself in her house, finding her dead body---To get to that point, lots of problematic details---he says that he was able to get into her locked home because she had sent him her house keys a couple of months earlier--in case he arrived ans she wasn't home---[why would she do that, she worked from home, was always home]

3 dogs---he told inconsistent stories about where the dogs were

went into back yard thru gate---

L: What did you think when you saw her?

D: I thought she fainted---shouted Susi susi, lifted her partway up and I saw her head go back and saw the blood, and dropped the body...

her blood was black.....

Lewin---so that blood was old, not fresh

Durst--I wouldn't know

Lewin: But you dismembered someone, you obviously know what blood looks like in a dead body---Morris had red blood when you shot him, correct?
D:correct

L:But when you dismembered him it was much darker, correct?

D: IDK
No, I will not go there...

L: so how long do you think Susan had been dead when you found her?

I have no idea

 

[katydid23]

ran into kitchen and grabbed the phone, a regular land line phone....

now Lewin is getting snippy about what kind of phone, and charger, etc, he is getting caught in the weeds, imo

I hope the jury doesn't start feeling sorry for him---Lewin is attacking him now over not describing the phone correctly

 

[katydid23]

So after he finds her body, he is asked why he didn't call 911---he says her landline didnt work---but Lewin plays her message machine showing she received calls that afternoon and it worked fine...


after trial:

Judge orders immediate discovery of defense expert on autism

Judge tells Lewin he is giving him a 'time budget' ---he needs to be finished by end of day tomorrow---lewin trying to beg for more time---says he needs time to discuss Morris and Galveston still

judge says he has been cross examined for 6 days---you have already smashed his credibility---so there seems no need to keep going ---it is a waste of time, and jurors are sending notes, I don't want to lose them---your presentation has to be proportional--

judge basically says Lewin is wasting too much time on too many details---willing to give him possibly Monday too---in exchange for him not to call so many rebuttal witnesses

 

[taylorss]

interesting argument between durst and Lewin over a scribbled list from 39 years ago---it looks to me like a list of optional ways to hide a body:
dump
dig
bridge
car trunk
shovel or check car trunk
dump
etc


But Durst had his own interpretation :
dig meant 'digital'
Bridge meant Bridgehampton, a special place they loved to visit together
Dump meant he had to dump his old boat and rent a car to tow it, etc

yeah this segment was fascinating!!
The dispute of truck vs trunk - to me that scribble said “truk” or maybe “trut.”

DeGuerin earned his payday with that tortured alt explanation for what’s very obviously exactly what Lewin says. Dig(ital), bridge(hampton), etc - what an extremely creative steaming pile of BS.

As Lewin said in a recent hearing, the amount of perjury croaking forth out of Durst’s slimy mouth is just unreal. He’s perjuring himself on the topic of his own perjury. And Lewin is catching it all - not sure there’s a single story or anecdote Durst has told that hasn’t been quickly punched full of holes.

Maybe the secret possible witness will be related to Barry Weener/Whiner, the teenager who was going to rent a truck to take the boat to the dump, buy snow shovels etc, whose name Durst didn’t know how to pronounce despite knowing him for 5 years. Lewin hinted at that w a question along the lines of ‘S Salem was a really small town wasn’t it? Do you agree it shouldn’t be hard to find someone who knew Barry?’

 

[dizzychick]

In addition to re-calling Douglas Durst & calling Jarecki, prosecution is considering another witness whose identity is kept secret for the time being. I hope that comes to pass … & wonder who it is! Would have be someone to rebut some of Bob’s lies on the stand… but he’s doing his best to tell his lies about dead people whenever possible. RN I can’t think of anyone other than Jarecki he’s lied about who hasn’t already been called … guess it could be something like a spouse or child of one of the subjects of his lies who has relevant knowledge.

bet it will be the neighbor Mayer guy for the boat and truck vs. trunk rental and the Barry Oscar Myer Weiner story lol

 

[dizzychick]

That's more or less where it ended Niner. The jury was told to disregard Lewin's comment and he apologised.

Main takeaway from yesterday was that Durst repeatedly says he can't answer Lewin's hypotheticals because he knows the truth so it doesn't make sense to assume something else. Lewin asked him if that meant his three hypotheticals - if you did murder Kathy, Susan and Morris would you tell us - answer was no - were in fact the truth and not hypotheticals because Durst was able to answer.

Selective memory has been discussed - he has no memory of chucking a cup of soda water in Kathy's face when she kept him waiting too long in the car, even though he remembered every detail of the incident in the 2010 documentary. Everything that he said in All Good Things that paints him as a violent controlling husband wasn't true it was stuff he was told to say by Andrew Jarecki to make him more interesting.

Durst is starting to misbehave. There have been lengthy exchanges about him having a deliberate strategy to try to get out certain information he thinks helps his case but isn't necessary to answer the question, for instance he mentioned using a bow saw and an axe to chop and split fire wood as part of his and Kathy's regular activities together, when it wasn't necessary to itemise the tools he used. Probably to assign some innocence to being found with a new bow saw in his car, and using a bow saw and an axe to dismember Black which he says he has no memory of. Those extras he throws in for the jury are called narrative.

The day before when he started cross-examination (9 mins:15s to 9 mins:49s) :

Durst: "Well as I was trying...I can't think of the word that the lawyers use, but you're not allowed to go on...narrative!...you are not allowed to give a narrative, you will answer the question, you should not give a narrative, well where the narrative begins and where the narrative ends I find very confusing."

Lewin "That's what the judge is for, they kind of decide that answer."


If you get the chance watch this couple of mins from yesterday (from 1:11:53 to 1:13:50)

... Lewin: Motion to strike as non-responsive at this point.

Durst: "This is a narrative"

Durst : "This is a non-responsive narrative"

Judge : "Stop on your non-responsive narrative please"



It's very amusing but I think Durst knows these are his last days out from the jail now. I think we are going to see a lot more of this kind of outburst as he loses control of his script, at one point Lewin asked him 'am I starting to get under your skin?'

humm who was he planning on killing this time? Douglas maybe or Nick? He was headed that way and even stalked the brother's house IIRC before he was picked up... interesting


I looked up the life expectancy for people in jail vs the general population, it ain't good for ole Durst, and with all his millions what a shame. Was something like 61.6 for males for 74 I think it was in the general population outside of prison. Wonder if they will just toss him in a cell till he goes limp then carry him off to the hospital or will he continue to get the hospital treatment Lewin said was so good, they even diagnosed his throat cancer and treated it. I think they are keeping him in tip-top shape so as to hang him high for these murders then the next chapter in jail will be totally different medically speaking...

 

[dizzychick]

Speaking of Jeanine Pirro, I saw a 2020 or Dateline type show many years ago, like 25 years ago and it was about Swingers of all things. So this cute petite brunette with a dark complexion was said to be a judge and she talked about how if her hubby enjoyed riding a roller coaster then why would she be jealous of that roller coaster? So she was comparing the Lifestyle to an amusement park ride. I swear Pirro looks just like that woman and she has taken really good care of herself plus good genes I guess. Does anyone by any chance remember this show? I have been searching for hours and cannot find it to save my life. It was stated she was a judge back then but they didn't name the state or what capacity of a judge she was...?

 

[Recidivist]

I think the secret witness is the Farrow girlfriend, if she is still alive.

 

[Niner]

Wed., Aug. 25th continued...

Cathy Russon
@cathyrusson
·
14h
#RobertDurst - Durst chuckles when Lewin asks him again and says, "It says truck."



I don't remember writing this but all I can tell you is what it looks like now.

Lewin: Would you agree that a town dump is where you could dump a body?
Would you agree that a "bridge" is a place you could throw a body over?
Would you agree that "dig" could describe what somebody could do to get rid of a body.

Lewin: Let's assume it says 'check car trunk", can you explain what that would mean?
Durst: I have no idea.

Lewin: You were in love with Prudence Farrow, correct?

Durst; No

Lewin: You mentioned that you cared tremendously about Prudence?

Durst: Correct

Durst says he wanted to be w/Prudence.

Lewin: the way it resolved was Kathie disappeared, correct?

Durst: yes

Now talking about industrial strength tampons. I just can't with this trial.........

If you know nothing else about Bob Durst, know that the man loves his weed.

Durst's marijuana dealer, Danny Cunningham, not only grew and sold marijuana, he also sold organic eggs.

Chesnoff has been motioning to DeGuerin to object, he finally does. This line of questioning is about Durst saying he went to Garberville to buy a pound of weed from Danny Cunnigham as part of his travels through CA just b4 Susan was killed.



#RobertDurst does NOT like that the judge sustained his own attorney's objection, "Am I going to get the opportunity to answer the question?"

Lewin asks Durst why he never, until now, said that he was in Garberville buying marijuana. Durst: Who would I have possibly mentioned it to?
Lewin says he asked him what he was doing in Garberville in their 2015 interview.

This was #RobertDurst Trinidad home.



Durst regarding somebody named Gregory that wanted marijuana: If he wanted a joint, I'd give them a joint. If he wanted a quarter pound, I'd sell it to him.

Durst regarding somebody named Gregory that wanted marijuana: If he wanted a joint, I'd give them a joint. If he wanted a quarter pound, I'd sell it to him

DeGuerin keeps objecting with "352A".Windham sustains most. 352A evidence code: The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time

Lunch break until 1:30pm PT/4:30pm ET.

Lewin shows Durst a map that shows the 5 freeway doesn't go through Bakersfield as he testified to earlier. This caused a long sidebar.



Durst testified that he and Susan were supposed to stay at the Chateau Marmont in L.A. the night of Dec. 22nd. When asked by Lewin, Durst said Susan used his AMEX to pay for the room. Lewin shows his AMEX bill and no Chateau Marmont charge.



Durst's story that he found Susan Berman's body around 10am Dec 23rd and that he thinks the killer was still in the house and that only her "breath was cold", isn't holding up under this cross exam by John Lewin.

Under cross exam Durst said when he went into Susan's house one dog barked at him and the other was in the backyard. Under direct exam, he had said he saw dogs (plural) when he walked in. Also says dogs didn't come up to him but Mella Kaufman dogs would go crazy.

Durst seems to be a bit confused about what kind of phone Susan had in the kitchen. He describes it as a corded phone but had a charger. He said it was not a cordless phone. Lewin moved on from that confusion.

Durst says Susan used the kitchen table as a desk and had a computer on it. Lewin shows him this picture that shows no computer.



Lewin plays Durst's direct exam testimony where he says the dogs 'stayed" in the house when he went in the backyard. No dogs in the backyard, but a minute ago he said one dog was in the backyard.

This is John Lewin showing inconsistencies between Durst's testimony under direct and then under cross.

Lewin: If the medical examiner testified that rigor mortis sets in within 2-4 hours and you said she wasn't cold/stiff at 10am then she couldn't have been killed prior to 6am? This has caused an objection and a sidebar.

After the sidebar Lewin moves on. Now back to what kind of phone Susan had in her home.

Durst testified that he tried to use Susan's phone when he found her body and it wasn't working so he plugged it in it's "charger". Lewin shows him this pic of the phone and now talking about there's no charger to this kind of phone.



Now Lewin shows Durst the pic of the phone on the ground next to Susan's dead body making his testimony incorrect.



Lewin points out that Susan's phone was working because there were messages on her answering machine on the 23rd, therefore her phone was in working order when Durst allegedly found her body and tried to call 911.

Lewin: So when Susan's phone didn't work, why didn't you run to the neighbor to use a phone to get help?
Durst: I don't have to explain it. I did what I did.

Jury excused until tomorrow.

Judge Windham just put Lewin on a "time budget". He tells Lewin he HAS to finish his cross-exam by the end of day tomorrow.
Lewin: I'm incredibly organized. I don't waste time. I cannot finish tomorrow. I've got to do a competent job.



WOW, this is truly incredible and I don't think I've ever heard a judge express his opinion like this. SEE NEXT TWEET.



Judge Windham on limiting the rest of Lewin's time: "First, the defendant's testimony was not credible. Secondly, on day 1 you effectively destroyed any credibility of this witness. By day 3 you had very serious, I'd even say profound, admissions"

Lewin practically begging for more time saying he needs at least all of tomorrow and Monday. Judge said if by end of day tomorrow if there's something that necessitates more time, they'll discuss then.

#RobertDurst has been on the stand for 10 days. Let's not forget a certain someone in Arizona that was on the stand for 18 days...so it's not unheard of.


link: https://twitter.com/cathyrusson