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





Cathy Russon

@cathyrusson


BREAKING: Juror removed for "looking" at an article regarding a "mistrial" in this case, she then texted another juror about it. That juror phoned her and told her not to share this info with her. Attorney says juror googled the article.

BREAKING: The juror removed this morning due to searching for media on the case is alternate #7. This is the same juror that had sent a note asking what she should do if she believes Durst's confession was illegal.

Judge is bringing juror in to tell her she's dismissed.

Juror #3090 was dismissed by the judge for reading about the case and sharing info with another juror. She just walked past me and out of the courthouse.

Court personnel now taking "role" of the jurors in the hallway to make sure everyone is here. They will be escorted in shortly for openings.

Jury is very jolly today, laughing with the court clerk.

Jury entering.

We now have 12 jurors and 10 alternates.

One of the few shots we'll have of Robert Durst face on.

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A juror told the judge she was concerned that someone was taking her pic in the hallway. Court personnel have spoken to the person. (I saw it and she wasn't taking pics but could have interpreted it that way)

Judge Windham is giving the jurors their instructions prior to opening statements.

Durst's wheelchair has been turned around to face jurors that are seated in the gallery for these opening statements. He's assisted by an iPad that an interpreter is transcribing due to his hearing loss.

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Cathy Russon

@cathyrusson

·
37m


#RobertDurst - Prosecutor John Lewin now giving his opening statement (technically his second one)

Lewin jokes that his opening is going to be just a little bit longer than his first one - which was 3 full days.

Lewin: The murder of Susan Berman. "How do we know the motive wasn't robbery or burglary? Because there was no forced entry, no ransacking, no struggle, nothing was taken that day other than Susan's life."

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Lewin: The idea that Susan would have opened the door to a stranger and let them in...you'll ultimately come to the conclusion that didn't happen.

Lewin: Upon entry and this is extremely important, Susan turned her back to her killer.

Lewin: Susan never knew what was about to happen. She let Mr. Durst in, she didn't fear him. She turned around and he basically blew her brains out.

Lewin shows the "cadaver" note that Durst has since admitted to sending to Beverly Hills P.D. spelling it BEVERLEY (wrong). But for years he denied sending the note.

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Cathy Russon

@cathyrusson

·
23m


#RobertDurst - Lewin shows a clip from HBO's "The Jinx" when Durst said that only the killer could have written the cadaver note.

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Lewin then shows a clip from the interrogation when Lewin flew to Louisiana to interview Durst after arrest. Durst said whoever wrote that note (cadaver) had to be involved in Susan's murder.

Lewin showed a very graphic picture of Susan Berman's dead body. She had been shot in the head. (We've blurred the photo)

Lewin: Mr. Durst is admittedly very tight with his money. This is important because later on he's going to be given Susan Berman an incredible amount of money. She was threatening to expose him and that's a loose end he needed to tie up.

Lewin: He killed her out of survival, not because he wanted to. He believed it was "her or me,. I had no choice." Durst was afraid Susan was going to tell what she knew about Kathie Durst's disappearance in 1982, (pic: Durst & Kathie)
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Cathy Russon

@cathyrusson

·
18m


#RobertDurst - Lewin: Susan was loyal to Bob Durst. Lewin played a clip of one of Susan's friends talking about Susan's father being in the mafia and she learned to be loyal to her friends.

Lewin - I'm not going to tell her that Susan wasn't a manipulating person. She was. She was handling her situation with Durst for almost 20 years. Susan would have never intentionally done anything to hurt Durst. She was playing with fire.

Lewin - Susan was killed Dec. 22 or the morning of Dec. 23, 2000.

The state's theory is that Durst had to kill Susan because she knew what really happened to Kathie Durst 20 yrs earlier and she was going to talk to law enforcement.

As always, this court breaks precisely at noon for lunch! Lunch break until 1:30 PT/4:30 ET.
 
@Tortoise - I copy/pasted the rest of the tweets for 5/18 for you.

Cathy Russon
@cathyrusson
·
10h
#RobertDurst - 2 jurors appear to be taking notes, the rest have their eyes on Lewin or the monitors.

Lewin: In the faill of 1981 Durst had beaten Kathie and said he wanted to kill her. She climbed out the window to get away from him & sought refuge and a neighbor's house. Kathie told her Bob had a gun.

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Lewin: Durst and Kathie began staying in separate homes. Despite the growing tensions, Kathie and Bob still periodically spent time together.

Lewin: On Jan. 31, 1982 the two were together at their South Salem lake house.

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On Jan 31, 1982, Kathie went to her friend's house, Gilberte Najamy, who is now deceased. She came back to the cottage and Durst & Kathie had a fight.

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Lewin: Durst tells producers on "The Jinx" that he was a pushing/shoving fight that night.

Lewin: The next day, after their fight, Feb 1, 1982 was a Monday and Kathie was supposed to be to work at a pediatric clinic. Kathie never makes it to the clinic and she has never been seen since.

Lewin: Bob Durst waited 4 days to report Kathie missing.

Lewin: The evidence will show that there was information at the time that Bob Durst was involved in his wife's disappearance.

Lewin: Susan Berman then became "spokesman" for Durst after Kathie's disappearance.

Kathie.png

link: https://twitter.com/cathyrusson


continued....
 
Cathy Russon
@cathyrusson
·
10h
#RobertDurst - Lewin: Bob's said he had a pushing & shoving fight with Kathie, put her on a train and never saw her again.

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Lewin: Monday, Feb 1, a woman called the dean of the medical school saying she was Kathie Durst. The woman said she had diarrhea and couldn't be in that day.

Lewin: Over the years Susan Berman told friends that she was the one that called pretending to be Kathie at the request of Bob Durst.

Susan.png

Lewin shows this list and says Durst admitted it was his handwriting. Town dump, bridge, dig, boat, shovel, check car trunk..

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Lewin: Susan was down and out of money. Durst had been sending her money.

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Lewin says in 2000, Susan told Bob that investigators had contacted her and wanted to talk. Lewin says that conversation sealed her fate. Lewin says investigators had actually not contacted Susan but Bob now believed they had.

Lewin: The evidence is going to show that on Dec. 22, 2000, Bob Durst drove to Susan's house and killed her. He then wrote the cadaver note, he cared about her, he didn't want to kill her.

Evidence.jpg

Lewin now moving to the death of Morris Black in Galveston. Durst had moved to Galveston when Kathie's case had been reopened in early 2000 and rented an apt as a mute woman.

Lewin tells jurors that Morris Black was Durst's neighbor in Galveston. He did dress as a woman and Black knew him as a man. However, in 2001 after he killed Berman, Black discovered his true identify and knew Durst had money..

Morris.png

link: https://twitter.com/cathyrusson

continued....
 
Cathy Russon
@cathyrusson
·
10h
#RobertDurst - Lewin: Morris Black was pressuring Bob to rent them a house, knowing now who he was and that he had money.

Lewin plays a clip from "The Jinx" of Bob describing how Morris Black was killed. He said he cam home to his apt and Black was in there uninvited, there was a struggle, a gun, and the gun "went off".

WARNING GRAPHIC: Lewin says a fisherman found Morris Black's dismembered body parts in the Galveston Bay.

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Lewin shows a clip of Durst describing cutting up Black's body like you would a chicken.

Lewin says Durst then went on the run. He is arrested when he shoplifts a chicken sandwich. He had Morris Black's drivers license in his possession.

Lewin: A couple weeks after his arrest he's on the phone from jail with his then wife. He talks about his brother Douglas Durst Lewin says Bob Durst was talking about killing his brother.

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These jail calls are with Durst's second wife, Debrah Charatan. Durst married her and gave her power of attorney the day before he allegedly shot Susan Berman

No jurors taking notes. Not surprising as they heard all of this 14 months ago.

Lewin has been going for a total of an hour and a half. He told the judge earlier that he would not be using the 2 hrs allotted

Back on the record with the jury out of the room. Defense atty Chesnoff complaining that Lewin keeps making arguments during his opening.

W/O jury: Chesnoff argued that in Lewin's opening he kept saying "Kathie has never been seen since" Chesnoff says that's not true, 2 witnesses said they saw her. Judge said something about he ( judge) doubts anyone sa her. I need to go back and listen for wexact

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Jury is in and Lewin's opening continues.

Juror #19 closes her eyes for long periods of time. Not sure if she's intently listening or having a hard time staying awake. This is usually the sleepy time in court - a couple hours after lunch.

Strictly guessing game, but my guess is Juror #2 is a strong candidate for foreperson. He's very charismatic, holds an audience during breaks, takes a lot of notes. Looks to be in his early 30s.

Lewin is wrapping up his opening by recapping the witnesses that testified last year before the trial was halted due to the pandemic.

Jury observations: Juror #11 sits on the front row in the middle section. She's a petite woman maybe in her 30s. She has her feet up on the half-wall in front of her on the other side of Lewin. Up against the wall not on top of it.

Jury observations: Juror #2m male, appears to take the most notes. Juror #10 has her arms folded, is watching the monitor intently but stifles a yawn (noticeable even under mask) .

Lewin wraps his opening statement recap and takes his seat. He went 1 hour 59 mins. He turns to the judge and says he'll reserve the minute ....jokingly.

Defense opening statements tomorrow morning. Dick DeGuerin and David Chesnoff will split those openings. Court resumes at 9am pt/12 pm et.

link: https://twitter.com/cathyrusson
 
Wednesday, May 19th:
*Trial continues (Day 3) (@ 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. (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.

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 reference post #215 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*

5/17/21 Monday, Trial Day 1: Durst refused to get in the jail transport this morning & is not present in court. Durst attorney Dick Deguerin objects to his co-counsel being behind plexi glass & not sitting near him. He says it's unacceptable. Judge now addressing defense emergency motion to delay trial. "My tentative ruling is to DENY your motion." The defense has had 5 years to prepare. A physical disorder does not necessary mean incompetence. Judge asking defense about some documents they plan to show during their opening & is questioning if those documents were previously admissible. Judge to John Lewin: Mr. Chesnoff says Durst would testify that he didn't think Kathie Durst was dead & therefore he would not have asked Susan Berman to call the medical school. Judge: This is a new theory this afternoon. Lewin on Durst testifying & Lewin's cross-examination - "Oh trust me, get your popcorn & your candy & your lounge chair because it's going to be awhile!" HUGE FIGHT In the courtroom just now. Defense attorney DeGuerin & prosecutor Lewin SCREAMING at each other. Judge sent them to their corners. Judge is excluding that part of the defense opening that includes witnesses allegedly seeing Kathie Durst after she disappeared. Judge now moving on to questioning this jury. He said he's not allowing a questionnaire & cites multiple case law. State asking for testimony from some witness via video. Judge will not allow. All witnesses must be in person. There will be another hearing tomorrow morning 9am. Jurors are reporting at 10am for opening statements on 5/18/21.
5/18/21 Tuesday, Trial Day 2: Durst in the courtroom today. Juror (alternate #7) removed for "looking" at an article regarding a "mistrial" in this case, she then texted another juror about it. That juror phoned her & told her not to share this info with her. Attorney says juror googled the article. Judge brought juror in to tell her she is dismissed. Now there are 12 jurors & 10 alternates. Judge Windham gave the jurors their instructions prior to opening statements.
Prosecutor John Lewin gave his opening statement; he joked that his opening is going to be just a little bit longer than his first one, which lasted 3 full days. See posts #223, 224, 225, video on 226 & 229 thru 231 here for Pros opening:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
Pro Lewin wrapped up his opening statement recap & takes his seat. He went 1 hour 59 mins. He turns to the judge and says he'll reserve the minute ....jokingly. Defense opening statements tomorrow morning. Dick DeGuerin and David Chesnoff will split those openings. Court resumes at 9am on 5/19/21.
 
Here's some tweets - I can't be on here long - another hour at most - so @Tortoise you can do the rest - if you want - or I can pick it up tomorrow morning.

Cathy Russon
@cathyrusson
·
1h
#RobertDurst - Defense attorney Dick DeGuerin:

"Bob Durst didn't kill Susan Berman and he doesn't know who did."

Defense.jpg

The Men Who Own New York"

DeGuerin shows a photo of the cover of New York magazine, May 1980 edition - Seymour Durst (Bob's father) is in the lower right, Donald Trump, upper left.

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Defense opening: Photo of the Durst children. Robert Durst standing up. Wendy on the right, Douglas Durst in the middle with striped shirt and Tommy Durst on the left.

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DeGuerin tells jurors that Durst's younger brother Tommy, "Still resents Bob to this day!" Jurors heard form Tommy last year at the beginning of the trial.

DeGuerin: Bob went to UCLA and met Susan Berman. He and Susan shared an unhappy childhood after her parents died and his mother died. They had that in common and they were friends all their lives....never lovers...friends.

UCLA.jpg


link: https://twitter.com/cathyrusson
 
Looks like they went to lunch...
 
From yesterday, 5/19/21:

Cathy Russon
@cathyrusson
·
11h
#RobertDurst turns himself around to get a good, long look at the 22 members of the jury that are sitting in the gallery.

After getting a long look at the jury, turns himself back around facing the table where his iPad is with the transcript to help with his hearing loss.

Defense opening is over. We were told the opening would be split between the attorneys but apparently is wasn't. Judge Windham lets jurors know of different food places nearby. Lunch until 1:30 PT/4:30 ET when witness testimony will begin.

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First witness after lunch is expected to be LAPD Officer Rashad Sharif. He found Susan's body. He was on the stand last year when the trial was halted. He'll be under cross-examination

Court is back in session. Jury not present. Judge Windham is admonishing the lawyers about speaking objections.

Dr. Mark Fajardo, Fmr. L.A. County Medical Examiner is on the stand. He reviewed Susan Berman's autopsy in 2015.

Coroner.jpg

Earlier LAPD officer Rashad Sharif was the first witness. He testified last year under direct examination but trial was halted before cross-exam. He found Berman's body. Next was Dr. Sophie Balk. She was the director of rotations when Kathie Durst was a med student

Sharif.jpg

The state called 3 witnesses today - or 2 1/2 - Cross-exam of Ofc. Sharif, Dr. Sophie Balk & medical examiner Dr. Fajardo.

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link: https://twitter.com/cathyrusson
 
Thursday, May 20th:
*Trial continues (Day 4) (@ 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. (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.

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 1-2 (5/18/21 thru 5/19/21 reference post #232 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*

5/19/21 Wednesday, Trial Day 3: Defense attorney Dick DeGuerin's opening statements. DeGuerin said Durst will be testifying.
See post #234 for more info here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
Court is back in session after lunch. Jury not present. Judge Windham is admonishing the lawyers about speaking objections.
State witnesses: LAPD officer Rashad Sharif. He testified last year under direct examination but trial was halted before cross-exam. He found Berman's body. Dr. Sophie Balk. She was the director of rotations when Kathie Durst was a med student. Dr. Mark Fajardo, Fmr. L.A. County Medical Examiner.
See post #238 for more info here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
Court resumes at 9am on 5/20/21.
 
Thank you @Niner

I'll try to do some tweets sometimes but can't guarantee I'll do it all of the time. I'm sure we'll get there with a combined effort and other interested parties mucking in.

Thanks for all your work on this.
 

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