Los Angeles Times

Pivotal hearing in Durst case is delayed

Judge will rule next year on whether heir’s murder trial proceeds.

- By Marisa Gerber marisa.gerber @latimes.com Twitter: @marisagerb­er

A Los Angeles County judge on Wednesday delayed Robert Durst’s preliminar­y hearing, which means the New York real estate scion won’t know until next year whether the judge believes there’s enough evidence for him to face trial on a murder charge.

Durst, who is charged with murdering his best friend in 2000, was scheduled to have a preliminar­y hearing in mid-October. But Superior Court Judge Mark E. Windham said the postponeme­nt was necessary to accommodat­e Durst’s defense team — some of whom live in Houston and sustained damage to their homes and offices during Hurricane Harvey. The hearing, which is expected to take two weeks, is slated to begin April 16.

During Wednesday’s hearing, Windham asked Durst if he agreed to the delay. The defendant responded in his distinctiv­e gravely tone: “Yeah, I’m good with it, sir.”

Prosecutor­s have argued that the eccentric multimilli­onaire shot his friend, Susan Berman, inside her Benedict Canyon home in late 2000 to silence her because she knew incriminat­ing informatio­n about the 1982 disappeara­nce of his wife, Kathleen. At a hearing this year, Nick Chavin — Durst’s longtime friend — said the millionair­e once confessed to killing Berman.

“I had to. It was her or me,” Durst said, according to Chavin. “I had no choice.”

Durst has pleaded not guilty.

Chavin was one of several older prosecutio­n witnesses who have taken the stand early to preserve their testimony, as the case is unlikely to go to trial until at least 2018. During the week of Oct. 16, prosecutor­s plan to take early testimony from at least four more witnesses, including a retired New York state trooper, a retired Beverly Hills assistant police chief and Berman’s onetime neighbor.

Durst, 74, was arrested in connection with Berman’s slaying on March 14, 2015. He had been staying at a hotel in New Orleans, and authoritie­s there found guns, stacks of cash, a fake ID and an old-man mask.

The arrest took place the day before the finale of a sixpart HBO documentar­y, “The Jinx,” focused on Durst’s life. In the final episode, the real estate magnate mutters, “What the hell did I do? Killed them all, of course.”

To some, his comments appeared to be a confession to three killings: those of his long-vanished wife, Berman and a neighbor in Texas. In the 2001 Galveston, Texas, case, Durst admitted to shooting his neighbor, Morris Black, saying he acted in self-defense during a struggle over a gun. Durst, who admitted to chopping up Black’s body and dumping the parts in Galveston Bay, was acquitted of murder.

After his arrest on suspicion of murdering Berman, he pleaded guilty to a gun possession charge and was sentenced to more than seven years in federal prison. He was transferre­d to Los Angeles in November 2016.

 ?? Jae C. Hong Associated Press ?? ROBERT DURST is charged with killing close friend Susan Berman in L.A. in late 2000.
Jae C. Hong Associated Press ROBERT DURST is charged with killing close friend Susan Berman in L.A. in late 2000.

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