Mistrial sought in Durst murder case

Defense team argues that delays caused by the coronavirus will lead to an unfair trial.

Robert Durst’s defense team has asked for a mistrial in the real estate scion’s Los Angeles murder case, arguing that delays in court proceedings caused by the coronavirus will make it impossible for him to receive a fair trial.

Durst was standing trial in the 2000 murder of his longtime confidant Susan Berman when the pandemic paralyzed most of the nation. Prosecutors say Durst killed Berman to prevent her from spilling incriminating information about the 1982 disappearance of his first wife, Kathleen, whose body was never found.

Durst, 77, was charged with Berman’s murder in 2015, around the same time an HBO documentary reignited national interest in the case. He has pleaded not guilty.

Trial testimony was suspended March 12 because of the virus.

“Even in the best case scenario, assuming it will be safe to resume trial in early June, more than eighty days will have elapsed before the jury reconvenes,” the 29page motion said.

Durst’s defense team argued that the gap in time would make it “unrealistic” to believe jurors could retain important details from earlier testimony or avoid outside influences.

“The risk that jurors will not be accurately able to recall the evidence introduced prior to adjournment is heightened here. The trial is expected to be a long and complex one, lasting approximately four to five months,” the motion said. “The People’s witness list contains approximately 115 names.”

Durst’s attorneys also expressed concerns about health risks if the trial were to proceed: Five jurors are older than 65, and two members of the defense team are over 75, according to the motion. Durst also has a history of medical problems.

“At this time, forcing a relatively large group of trial participants, including several high-risk individuals, to congregate in facilities ‘illequipped’ for social distancing would create an unjustified risk of serious illness,” the motion said.

A spokesman for the L.A. County district attorney’s office declined to comment.

The coronavirus outbreak has frozen most court proceedings statewide. On Wednesday, California’s chief justice, Tani G. Cantil-Sakauye, extended a previous emergency order delaying trials up to 90 days.

The next hearing in Durst’s case is scheduled for June 23.