Durst trial to resume after pandemic delay
LOS ANGELES
It took nearly 15 years for police to arrest New York real estate heir Robert Durst in the killing of his best friend and another five to bring him to trial. After just two days of testimony, jurors were sent home when the coronavirus closed courthouses.
On Monday, more than 14 months later, the jury is returning to Los Angeles County Superior Court to see if they can complete their assignment. If so, it could be a first for the U.S. legal system.
The length of the stoppage is unprecedented and it’s the highest-profile U.S. case postponed because of the pandemic, Durst’s lawyers say. They have repeatedly — and unsuccessfully — sought a mistrial because they argued the delay harmed his chance of a fair trial.
Durst, 78, has pleaded not guilty to murdering his friend Susan Berman, who was shot in the back of the head in her LA home in December 2000. Prosecutors say he silenced Berman before she could tell police she helped him cover up the killing of his wife, Kathie, in New York in 1982.
Judge Mark Windham has called back the panel of 23 jurors, including 11 alternates, and plans to question them Monday to see if they can go forward with the case.
The defense has submitted a list of proposed questions, including whether jurors read or heard about the case during the break and remain impartial, and if COVID-19 altered their lives in a way that prevents them from serving another four to five months.
The pandemic has disrupted courts nationwide, leading to delays and video rather than in-person proceedings in many instances. Many defendants awaiting trial were freed because of concerns they would get the virus in jail.
What makes the Durst case so unusual is that it was halted after the jury — winnowed from over 400 people — was sworn in and heard four days of opening statements and two days of testimony.
Durst, an eccentric worth more than an estimated $100 million, is being held without bail.