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

[Niner]

Thursday, August 19th:
*Trial continues (Day 46) (@ 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. (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 1-44 (5/18/21 thru 8/17/21) reference post #573 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
8/18/21 Wednesday, Trial Day 45: Defense witnesses: Robert Durst. Prosecutor John Lewin cross exam of Durst. Trial continues on 8/19/21.

 

[Tortoise]

<sbm>
Lewin: I'd like to congratulate you for setting a PERJURY record. OBJECTION from def

link: https://twitter.com/cathyrusson


and that's where she ends...

Anyone know what happened after wards?

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?'

 

[Niner]

Thanks for that summary @Tortoise ! I'll watch those videos you posted now!

 

[Tortoise]

today's live - should be starting soon

 

[Niner]

for Thursday, Aug. 19th

Cathy Russon
@cathyrusson
·
1h
#RobertDurst - Soon, Durst will resume his testimony under cross-examination. At the end of yesterday there were some fireworks between Durst and Lewin.

59m
#RobertDurst - Defense asked the judge to give the jury an instruction that regarding any drug rehab Kathie may have participated in, regulation prohibits Lenox Hill to make that public.

Judge: There is NO CREDIBLE evidence that Kathie Durst was at Lenox Hill rehab.



Judge Windham told Lewin that he's allowed to be close to Durst for questioning due to Durst's hearing loss, however, if he becomes physically intimidating like he did yesterday, he'll need to move to the lectern.



Lewin: Do you believe your wife is dead?
Durst: The evidence that she's dead is there's no evidence that she's alive.

Lewin asks Durst to give him a reasonable scenario of Kathie going missing and then sometime after that she died.
Durst: She ran off with her boyfriend and 6 months later he killed her.



Lewin asks Durst why he got a smile on his face before he answered his question - this caused an objection and much more talk about smiling.


link: https://twitter.com/cathyrusson

 

[NotMyselfNEMore]

This has been an interesting trial. I'm surprised it hasn't gotten more coverage.

Durst on cross examination is unreal. He flat out makes things up, admits he lies, totally contradicts his direct testimony, and sort of giggles on the stand.
If he wasn't on trial for murder, he'd be hilarious.

Yesterday the prosecutor asked him about being in love with a woman he'd had an affair with, and how he'd fought with his wife over that before she went missing. Durst was asked "how did you resolve that situation?" , and he answered "my wife disappeared, it was resolved". Who says things like that?

 

[Niner]

Rest of the tweets for Thursday, Aug. 19th:


Cathy Russon
@cathyrusson
#RobertDurst - Durst testifies that he had an affair with Prudence Farrow - Mia Farrow's sister and inspiration for Beatle's song "Dear Prudence'. He said the affair was ongoing before & after Kathie disappeared.

Durst was not supposed to say that Gilberte Najamy was selling cocaine to middle schoolers and yet just repeated it again in court.
Lewin: You're just going to do whatever you want up there no matter what the rules are, aren't ya?

Lewin tried for about 30 mins to get Durst to answer the question: 'IF you had Susan Berman call Albert Einstein pretending to be Kathie, would you tell us?' Eventually Lewin says, you understand the question, you're just refusing to answer? Durst: Correct.

That's it until Mon. Court is dark every Fri. Durst will be back on the stand for the EIGHTH day on Monday. Also, looks like a juror may have been excused due to scheduling. Reminder: Jurors were told this would be over by end of August but now looks longer.

One of the big moments yesterday on the stand was Durst said he was pursuing an affair with Prudence Farrow in Dec. 1981. Kathie didn't want him to be with Prudence. Lewin asked him how that got resolved. Durst said, "Kathie disappeared."

link: https://twitter.com/cathyrusson

 

[Niner]

Monday, August 23rd:
*Trial continues (Day 47) (@ 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 1-45 (5/18/21 thru 8/18/21) reference post #581 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
8/19/21 Thursday, Trial Day 46: Defense asked the judge to give the jury an instruction that regarding any drug rehab Kathie may have participated in, regulation prohibits Lenox Hill to make that public. Judge: There is NO CREDIBLE evidence that Kathie Durst was at Lenox Hill rehab.
Defense witness: Robert Durst. Prosecutor John Lewin still on cross exam. Trial continues on Monday, 8/23/21. Another juror was excused due to scheduling. 8 alternates left.

 

[katydid23]

One of the big moments yesterday on the stand was Durst said he was pursuing an affair with Prudence Farrow in Dec. 1981. Kathie didn't want him to be with Prudence. Lewin asked him how that got resolved. Durst said, "Kathie disappeared."

link: https://twitter.com/cathyrusson


Wow...what an arrogant thing to say in front of the jury. SMH

I hope they dislike him and realise that he has killed at least 3 people, dismembering at least one of them. I worry that one or two might like his quirky behaviour and let him walk---again.

 

[taylorss]

I am finally caught up!! Whew

Durst is quirky & quite clever so that does make him seem likable. While the pros Lewin does a v impressive job of coming across as kind, considerate, down to earth & respectful, a small minority of u-tube comments complain that he goes on too long, is getting frustrated, etc.

Meanwhile none of this all matters! Maybe people watching on u-t think it’s a gameshow or a reality tv competition. But the facts are clear & becoming clearer by the minute - Durst is without an ounce of credibility, he is a complete liar with no conscience, and there’s nothing at all to suggest anything other than his obvious guilt in all three murders. Not just the murder of his devoted lifelong friend Susie Berman, but also the murder of his wife for which he was never charged & the murder of Morris Black for which he was acquitted via, it’s now been shown, lying to the TX court & jury.

Durst’s credibility is in shreds, even taking with it DeGuerin’s now that his shenanigans in the Black trial have been acknowledged.

Good tv & lots of laughs along the way. No one is checking for Durst (except maybe his one sister), but lots of people loved Susan so the merriment is bit obscene. Hopefully the decades since Durst murdered her have lessened the pain of her loss for her many friends… altho her semi-daughter Mella Kaufman has got to be suffering as the whole court is yukking it up

 

[Niner]

Tweets for Monday, Aug. 23rd:

Cathy Russon
@cathyrusson
·
15h
#RobertDurst returns to the stand for the EIGHTH day. He is still under cross-examination by prosecutor John Lewin. We could see closing arguments next week. WATCH LIVE at 9am PT/12pm ET

Jurors are lined up in the hall, however Durst is not in. Judge Windham at the bench without robe on......

#RobertDurst is now in court.

NOW: Cross examination continues with the defendant on the stand.



Lewin asks Durst if over the weekend he was able to review documents regarding him dating Prudence Farrow. Durst says yes, he did.

Durst says his relationship with Prudence Farrow became sexual in the fall of 1981. (Kathie disappears Feb. 1982)

Lewin: Isn't it true that Prudence made clear she wouldn't date you unless you divorced Kathie?
Durst: Prudence never said that.

Lewin: Did Prudence Farrow ever say to you that she was going to cut you off because you were married and not separated from Kathie?
Durst: No

Lewin asked Durst about phone call he made to Prudence saying he wouldn't be able to talk to her for awhile, this was leading up to Kathie's disappearance. He doesn't recall that. Lewin played part of his 2015 interview w/Durst where Durst admitted to call.

Lewin says since Bob can't remember this info about Prudence he'll move to asking him about his relationship with Susan Berman.

Lewin plays 2015 interview: Lewin: Susan would have done almost anything for you.
Durst: Damn close.
Durst says Andrew Jarecki advised him to say that. Lewin: Oh, Mr. Durst, this wasn't with Jarecki. How about a different explanation?

Lewin: If Susan Berman had damaging evidence that you had murdered you wife, if that was the case, you would agree you would have given her money whenever she asked for it, correct?
Durst: This is hypothetical, I did not murder my wife.

Durst denied going to Caldors on 2/1/82. Lewin showed him stipulation that defense agrees he made a purchase from Caldors. Lewin brings up Durst going to a store after killing Morris Black to buy cleaning supplies & compares this the day after Kathie went missing.

Lewin: Let's assume you went to Caldors and bought a bunch of items to clean up the crime scene after killing Kathie...
DeGeurin: Objection
Judge allowed.
Durst: I didn't kill Kathie.



Lewin: Let's assume you wanted to buy a bow saw and trash bags, you could have bought those at Caldors, correct?
Objection. Overruled.
Durst; Let's say I wanted to buy a phone, let's say I wanted to buy a pair of socks. Let's say I wanted to buy a refrigerator.

Lewin: Let's say if you wanted to buy items to dismember someone you could buy those items at Caldors?
Durst: Correct.

Durst: "I'm not a normal person. I am told that I am somewhere on the autistic spectrum. I don't know what a normal person does."

Lewin: Can you explain the blue light your neighbor saw coming from your basement for those two nights and only those two nights?
Durst: I think it was her imagination.

Durst admits to writing this list - Town Dump,
Bridge,
Dig,
Boat,
Other,
Shovel or ?,
(check)car-truck/rent.
Lewin: This looks like a list to get rid of a body?
Durst: That's how it looks to you.



Durst explains this list as follows:
Town Dump: was going to tell the high school kid who took care of the house to take our rotting sailboat to the town dump.
Bridge: abbreviation of Bridge Hampton where Kathie and I intended to rent a house that July
(cont)

Durst explains this list as follows: (cont)
Dig - is for 'digital'. He says he had bought a Microsoft book w/computer that he planned to work on.
Boat: is the sailboat that needed to go to the town dump.
Other: Don't know what I meant.
(cont)

Durst explains this list as follows:
Shovel: snow shovels. going to ask the high school kid that took the sailboat to the dump to buy 2 snow shovels because ours has been stolen.
(Check) car-truck/rent: The kids are supposed to rent a truck to put the boat in.

Lewin: (with a chuckle) Mr. Durst, would you agree this story you just told (about the list), you never told that story to Det. Struk, to Jarekci, to any media, to myself, anyone?
Durst: No one ever asked me about my scribbly notes to myself.
Lewin: So it's your testimony that no one ever asked you about the 'dig" note?
Durst: No one ever asked me about the "digi" note. (he does not say 'dig', says "digi")

Lewin shows Durst the "dig" note from "The Jinx" to prove to him that he has been asked about this note before.



Lewin: Could it be, Mr. Durst, that you literally made this up at this trial? That it is completely and absolutely, 100%, certifiable lie start to finish?
Objection. Sustained.

"Susan liked to make up stories." - Bob Durst.



Lewin: Are you saying she liked to make up lies accusing her best friend of murder? Is that your testimony?
Durst: That's my testimony
Lewin: Does that make sense to you?
Durst: The question is does Susan makes sense?

Durst just testified about Det. Struk going on TV talking about 3 sightings of Kathie Durst after she went missing. This has been heavily litigated and the is not allowing it, which Durst is well aware of.

Was Durst just caught in a lie? We hear for the first time that Durst had two sailboats. Note Durst's pause.... before he says he had two boats.

Regarding Durst's explanation of writing (check) car-truck/rent on the "dig" list - he said he has the high school kid to rent a truck to take the sailboat to the dump. Lewin: Are you aware you can't rent a vehicle if you're under age 25?

Wiener/Winer - They just spent a LONG time arguing over the pronunciation of the high school kid's last name.

Lewin: You're very cheap with your money aren't you? Your brother testified you are cheap.
Durst: That's the brother that hates me.
Lewin: Don't both your brothers hate you?

Lewin asks about Emily Altman testifying that Durst was in L.A. at the time of Susan's murder forced Durst into admitting he wrote the cadaver note. Durst: I thought you did an a pretty good job of making it clear that Emily Altman was a highly unreliable witness.

Durst: I lied about being in southern California right up until the time my attorneys stipulated that I wrote the cadaver note.

THIS IS NEW: Durst just testified that he arrived at Susan's house before the killer had left......

Durst says he believes the killer was still there or in the yard. Lewin: You testified that her body was cold. Durst: No, I didn't.
Lewin then plays our clip from Durst direct testimony saying Susan was cold.

Lewin: She was cold, wasn't she?
Durst: Her face felt cold.
Lewin: It's your position that she might have only been dead for 5 mins, her face is cold and that the killer is still in the house?
Durst: Correct

And that's it for today! Tune in tomorrow for day NINE of Bob Durst on the stand.

Oh, I left that part out. When confronted with his testimony that he has said her body was cold, he changed it to her breath was cold.

link: https://twitter.com/cathyrusson

 

[Niner]

Tuesday, August 24th:
*Trial continues (Day 48) (@ 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 1-46 (5/18/21 thru 8/18/21) reference post #588 here:
CA - Susan Berman, 55, fatally shot, Los Angeles, 23 Dec 2000 *Arrest*
8/23/21 Monday, Trial Day 47: Defense witness: Robert Durst. Prosecutor John Lewin still on cross exam. Trial continues on 8/24/21.

 

[taylorss]

Per pre-court hearing - due to all Bob Durst’s ridiculous lie-telling & tale-spinning, the prosecution is going to re-call his brother Douglas … and 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. Well those lies have come fast & furious, & now Jarecki will be called when Lewin finally finishes with Durst’s cross. Def looking forward to that!

 

[taylorss]

PS it’s a thrill to watch nice-guy Lewin with his cheery demeanor relentlessly pursue this case without blinking!

As a paraphrased example, one of many- Lewin says ‘wouldn’t you agree it would be a problem for you if Susan knew about your conduct?’

Durst - I don’t know what conduct you’re talking about.

Lewin - Killing your wife.

 

[katydid23]

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.

 

[katydid23]

Susan Berman told Durst that the LA Police had contacted her about his missing wife.

Durst now says he thought Berman was making it up. But Lewin plays a tape showing when Durst first found that out. So he was caught in another small lie.

Durst trying to pretend he had no worries about either of them ever snitching.

"When I touched Susan Berman's face, it was cold."
Amazing that he has finally put himself in here home with a newly dead body

 

[katydid23]

Durst had given her 250k ---and Lewin asks why he is giving money to someone that is lying about him and accusing him of murder

Durst says 'because he is on autistic spectrum'....' I can't explain my actions'..." I dont know how people act."

Durst says he gave Berman $ before his wife went missing

"I knew she was telling false stories but I felt in most cases no one would believe her"

"Susan would not have been able to call the med school pretending to be Kathy--it would not have been believable"

Lewin---you made a lot of mistakes with Morris Black, correct?

Yes

So maybe you needed Berman's help, even if it was a bad idea ?

Can you name one other female that could have made that call for you?

 

[katydid23]

jury out on break

attorneys arguing and the judge is getting snippy too---

Defense saying that Kathy made that call, no evidence Berman made the call

Judge disagrees---says there is an abundance of evidfewnce that Berman made the call to the med school and the defense says "Excuse Me?' ....very upset...

They are upset about the hypothetical questions he keeps asking Durst, having him assume he is a killer, and he is guilty...

judge says he is an accused killer, so it is an interesting concept to use hypotheticals...but why not? Is there a legal complaint against it?

judge: the question is does the defense have a valid argument against this line of hypothetical questioning?

Lewin: his attorneys told him not to answer hypotheticals, but dont have any cases examples of it being improper or illegal

Lewin: let's admit it your honour, I have never seen so much perjury in one witness,

Judge--yes but a little impeachment goes a long way...
the question is whether your questions are speculative--like asking who he would ask if it wasn't Berman

Lewin---because he brought it up first---said he'd never ask her because she wouldn't be good at it---so I wanted too show he didnt have any other choices---so it wasn't a speculative hypothetical

defense---in order to answer the question, durst must assume it is a true circumstance, is that fair? is it permissible for the witness to accept a false premise?

judge is saying bring me concrete evidence it is improper and we will reassess...

 

[katydid23]

do you know what structuring is?

Yes

You agree that you have historically structured money when you are preparing to flee

no, not because I was going to flee

so you'd take out less than 10k so you wouldn't create attention?

Yes

and it began after you found out the case was being reopened, in 2000

No, I have been doing that since the 90's

[lewin says he is going to put up the back records to prove his point about the pattern]

 

[katydid23]

" I understand 'special' and I understand "circumstance' but I dont know what it means when you put it together.'

Lewin goes on to decribe the meaning of the murder charges against him, being lying in wait, murder of a witness, special circumstance Murder 1.