2020 trial
Durst's trial concerning the Berman killing was scheduled to begin in Los Angeles after Durst was arraigned in California, but his transfer was delayed by the U.S. Bureau of Prisons due to "serious surgery," according to DeGuerin. A conditional hearing was convened in February 2017, where Nick Chavin, a close friend of Durst's and at whose wedding Durst served as best man, testified that Durst had personally confided to having murdered Berman. A preliminary hearing was initially scheduled for October 2017, but was postponed to April 2018 to accommodate Durst's defense team, some of whom suffered damage to their homes and offices from Hurricane Harvey.
The pretrial hearings included extensive testimony from a number of older witnesses who potentially would not be available when the trial itself began. In October 2018, Los Angeles County Superior Court Judge Mark Windham ruled that enough evidence existed to try Durst for the murder of Berman, and that he would be arraigned November 8, 2018. During his court appearance the following day, Durst pleaded not guilty. In January 2019, Windham set Durst's trial date as September 3, 2019.
At the same time, Judge Windham ruled that prosecutors could present evidence involving the Black murder. Prosecutors would try to connect Berman's death with McCormack's disappearance, which they argued was the foundation for the motive for the murder. In his ruling that prosecutors could use evidence from the Texas case, Judge Windham said the killings of Black and Berman seemed "to be intertwined." The murder charge against Durst included the special circumstance allegations of lying in wait and killing a witness to a crime. It was further alleged that Durst had used a handgun to carry out the murder.
In May 2019, a motion filed by Durst's attorneys claimed two handwriting samples (the anonymous "cadaver note" to Beverly Hills police, and a letter in 1999 from Durst to Berman), along with other evidence from his 2015 arrests, were obtained in violation of the Fourth Amendment, thus moving for their exclusion. On May 8, Los Angeles County prosecutors filed an affidavit replying to the motion, charging that Durst was creating an elaborate conspiracy theory between the HBO filmmakers, law enforcement officers, and the Los Angeles County District Attorney's office to make Durst "incriminate himself." On May 17, Windham granted Durst's defense team a four-month postponement of his trial after they raised concerns about the volume of evidence in the case and conflicts with attorney schedules.
On September 3, 2019, Windham rejected an attempt by Durst's attorneys to strip the producers of The Jinx of protection under California's journalist shield law by having them declared "government agents." A number of other procedural rulings also went against Durst. Lewin set another hearing on discovery and other matters for October 28. Additional evidential hearings were held in December 2019 regarding the admissibility of statements Durst made in March 2015 just after his arrest in New Orleans, in an interview with Lewin.
In a surprise move on December 24, 2019, Durst's lawyers contradicted his previous statements and filed court documents admitting that Durst wrote the "cadaver note." In all previous statements Durst consistently had denied writing the note, although the handwriting appeared to be similar to his own as is the misspelling of the word "Beverley" contained in a prior letter to Berman that Durst admitted to authoring. During the filming of The Jinx, Durst told the filmmakers that the person who wrote the "cadaver note" was taking a "big risk" because it was something "that only the killer could have written". He told his godson, Howard Altman, "The person who wrote the note killed her". However, in August 2019, Durst's attorneys also argued, "What the note demonstrates is that the person who mailed it was aware that there was a body at the house, not that the individual murdered Susan Berman".
On March 2, 2020, Durst appeared in court to begin his trial, which was expected to take several months. However, the proceedings were postponed amid the COVID-19 pandemic. In June 2020, a motion by the defense for a mistrial because of the delay was denied. The following month, Windham ruled that a further delay until April 2021 was necessary due to the pandemic, but he would allow the trial to proceed if Durst agreed to a bench trial, without a jury. Durst declined this option and the trial was scheduled to resume on April 12, 2021. It was then postponed until May 17, 2021.
On May 13, 2021, Durst's lawyers filed a motion with the court saying Durst had developed bladder cancer, and moved that the court postpone the trial indefinitely and to release him on bail to receive medical treatment that was currently being provided. The motion was denied by the court and the trial resumed on May 17, with Windham questioning jurors about whether they could still remain neutral in the case after a fourteen-month break. On June 10, 2021, Durst was hospitalized after being found "down and not in his wheelchair". Windham sent the jury home with plans to resume on June 14. Lewin expressed suspicion that the defendant was faking a medical crisis to force a mistrial because he was "on record" in his calls from county jail saying he intended to feign dementia or seek a mistrial due to COVID-19. "I have no idea whether this is legitimate or not, but obviously, given his history, it's certainly suspect as to what his actual condition is", Lewin said. Noting that Durst's lawyers had twice sought mistrials during the previous day's testimony, the prosecutor added, "It's very clear the defense and the defendant want this trial to go away". Jail doctors determined Durst was able to appear in court after the emergency hospitalization, which was for a urinary tract infection and sepsis, and Windham reconvened the trial on June 14. Durst was unable to dress himself and was in court in his wheelchair, jail uniform, with catheter bag and covered in a large blanket.
As testimony continued, Durst's brother Douglas appeared as a prosecution witness on June 28, 2021. Saying he was reluctant to appear at the trial and was doing so under threat of subpoena, Douglas was asked about his relationship with his brother: "He'd like to murder me, I hired security today. I have feared that my brother has threatened to kill me, and I have feared that he may have the means to do so".
On July 29, 2021, Durst's defense team asked again for an emergency halt to the case based on his poor medical condition, saying he was not able to testify on his own behalf, but was again rejected on August 2, with Windham giving numerous examples of Durst's competency. The prosecution closed its case against Durst after eleven weeks of presenting evidence primarily consisting of friends and associates of Berman's saying she told them she was the alibi for Durst when his wife disappeared and that he had done something and she needed to do something as well. Chavin testified that Durst told him, "I had to. It was her or me. I had no choice."
The defense opened up its case with extensive testimony from "false memory" expert Elizabeth Loftus, questioning the decades-ago recollections of prosecution witnesses. Although highly unusual for a murder case, Durst himself was expected to testify on his own behalf on August 5, 2021, but court was adjourned until August 9 due to a positive COVID-19 test of a relative of Durst's legal team who had been attending the trial. Durst appeared on the stand for fourteen days, under questioning from Lewin, who gave seemingly endless examples of Durst's propensity to lie. Lewin cornered Durst to the point he admitted lying while under oath in the Morris Black trial in 2003, and that he lied five times while on the stand in the present trial. Durst and Loftus were the only witnesses the defense called. On September 14, 2021, the jury was charged with reaching a verdict by Judge Windham.
On September 17, 2021, the jury convicted Durst for the first-degree murder of Susan Berman; Durst thus faced the possibility of a life sentence. He was also found guilty of multiple special charges. Durst's lawyers said they were disappointed and would pursue "all avenues of appeal". On September 24, Durst's lawyers filed a motion with Windham to request a new trial. The reasoning was basically the same as they gave in Durst's trial defense: no physical evidence was presented, witnesses for the prosecution were not to be believed, and the entire prosecution case was nothing but an unproven theory.
On October 14, 2021, Durst was sentenced to life imprisonment without the possibility of parole for Berman's murder. The request from Durst for a new trial was denied by the court in view of the abundance of evidence of Durst's guilt. Following the murder conviction, Durst's legal team immediately filed appeals in the California legal system. As such, Durst's appeals may be dismissed by the California Court of Appeal, and the conviction set aside, as his death prevented the appeals from being heard.
Additional cases
Days after the Berman murder, police were reportedly examining connections between Durst and the disappearances of 18-year-old Lynne Schulze from Middlebury, Vermont, and 16-year-old Karen Mitchell from Eureka, California. Investigators were also considering a possible connection between Durst and the disappearance of 18-year-old Kristen Modafferi, who was last seen in San Francisco in 1997.
Lynne Schulze
Schulze, a Middlebury College freshman, visited Durst's health-food store on December 10, 1971, the day she disappeared, and was last seen that afternoon near a bus stop across from the store. Author and investigative journalist Matt Birkbeck reported in 2003, and again in his 2015 book A Deadly Secret, that credit card records placed Durst in Eureka on November 25, 1997, the day Mitchell vanished. Mitchell may have volunteered in a homeless shelter that Durst frequented; Durst, dressed in women's clothing, had visited the Eureka shoe store owned by Mitchell's aunt. Mitchell was last seen walking to work from her aunt's store and possibly speaking to someone in a stopped car; a witness sketch of Mitchell's presumed abductor resembles Durst.
Although the FBI ultimately could not connect Durst to the Long Island serial murders (in which some victims were disposed of in a similar manner to the Black killing), the bureau created an informal task force in 2012 to work with investigative agencies in jurisdictions where Durst was known to have lived in past decades, including Vermont, New York, and California. In the wake of his arrest, the FBI encouraged such localities to reexamine cold cases. Texas private investigator Bobbi Bacha has also traced Durst operating under stolen identities in Texas, Florida, Massachusetts, New Jersey, South Carolina, Mississippi, and Virginia.
Personal life
On December 11, 2000, shortly before the Berman killing, Durst married Debrah Lee Charatan. According to The New York Times, the couple had briefly shared a Fifth Avenue apartment in 1990, but "have never lived together as husband and wife." Durst once told his sister Wendy that it was "a marriage of convenience"; "I wanted Debbie to be able to receive my inheritance, and I intended to kill myself," Durst said in a 2005 deposition. When Durst was arrested for the Black killing in 2001, Charatan wired him the $250,000 bail the court required. She also visited Durst in jail and spoke with him on the phone on a regular basis, discussing his legal strategy and other personal and business issues. Following the Black trial, Charatan reportedly distanced herself from Durst and his affairs, legal and otherwise. In particular, Charatan specifically told Durst not to get involved with The Jinx, to which he disagreed at the time. Charatan's friends said that, after Durst's arrest in 2015, she had not spoken with him since the documentary had begun airing in February.
Despite still being married to Durst, Charatan was reported to be living with Stephen I. Holm in 2015. Holm was a real estate attorney in the New York City area who handled transactions for both Durst and Charatan. It was reported in Real Estate Weekly that Holm died on October 17, 2019, and that Charatan was his wife. Charatan was called Holm's wife at his funeral, in his obituary online, and in the obituary in The New York Times. Shortly after, Charatan sent the Times a letter saying she and Holm were not married and asked them to print a retraction. Charatan and Holm were involved with several philanthropic ventures together. Shortly after Durst was convicted of murdering Berman in September 2021, a lawyer for the family of Kathleen McCormack sent Manhattan District Attorney Cyrus Vance Jr. a letter claiming the marriage between Durst and Charatan was a sham solely to aid and abet Durst's financial crimes and murders, and to conceal those acts and frustrate investigation into same. The letter asked Vance's office to investigate these claims, and also the issue of Durst's being a bigamist because of Charatan's publicly claimed marriage to Holm. The letter was the second time the McCormack family asked for the Manhattan District Attorney's office to look into these issues, the first time being March 2020.
Durst traveled and lived less than dozens of aliases over the years, using different identities to buy cars, rent apartments, and open credit card accounts. "He had a scanner, copier, and a laminating machine," a former office employee of Durst told Newsweek. "What I didn't realize is that I unwittingly saw what would have allowed Robert Durst to make a fake driver's license." Durst was "a prolific user of private mailboxes," and apparently conducted business under a number of canine-themed names: Woofing LLC, WoofWoof LLC, and Igor-Fayette Inc.
In the early 1980s, Durst owned a series of seven Alaskan Malamutes, all of which were named Igor and all of which died in mysterious circumstances, according to his brother Douglas. In December 2014, prior to the airing of The Jinx, Douglas told the Times, "In retrospect, I now believe he was practicing killing and disposing [of] his wife with those dogs." Durst was once recorded saying he wanted to "Igor" Douglas. Durst, however, has disputed the assertion that he owned seven dogs named Igor; he owned three, he said, one that was run over and another that died in surgery after eating an apple core, "before the Igor that lasted forever."
From 2015 on, Durst had a number of significant medical issues, including major surgeries for esophageal cancer, having a shunt installed in his brain for hydrocephalus, and cervical spinal fusion. When arrested in New Orleans in 2015, he was found to be in possession of a variety of drugs, including the sleep aid melatonin, a muscle relaxant, and medications for high blood pressure, blood flow, and acid reflux. During the Berman murder trial, Durst's lawyers told the court he had bladder cancer.
On October 16, 2021, Durst tested positive for COVID-19 and was placed on a ventilator. At his sentencing two days prior, his defense attorney, Dick DeGuerin, said Durst was in "very bad condition", having hard time breathing and speaking. It was unknown how Durst contracted the virus and whether anyone else at the sentencing had been infected.
Financial status and residences
In mid-2002, Durst signed over a power of attorney to Charatan, and their holdings are thought to have remained closely intermingled. In 2006, Durst gave Charatan around $20 million of his $65 million trust settlement. In 2011, Durst purchased a $1.75 million townhouse on Lenox Avenue in Harlem. A source close to the Durst family confirmed that he was living there at least some of the time and that they were keeping him under surveillance. Durst also owned three condominia in a multistory complex in Houston, and after filing suit, received a $200,000 settlement in 2006 from a Houston developer who refused to let him move into a unit newly purchased by his wife, which she had then immediately resold to Durst for $10. At the time of Berman's murder in Los Angeles, Durst had just sold a home in Trinidad, California, but maintained an office in Eureka while renting in nearby Big Lagoon.
Media outlets variously reported Durst's financial status as "real-estate baron", "rich scion", "millionaire", "multimillionaire", and "billionaire". As of 2021, the Durst family's real estate holdings are worth more than $8 billion, but Durst's brother Douglas has been in control of the Durst Organization since the early 1990s. From about 1994 to 2006, Durst waged a legal campaign to gain greater control of the family trust and fortune. During that time, he received $2 million a year from the trust. In 2006, the case was settled, with Durst giving up any interest in his family's properties and trusts in exchange for a one-time payment of about $65 million. How much of that went to legal fees and taxes is unknown. Durst remained active in real estate; he reportedly sold two properties in 2014 for $21.15 million after purchasing them in 2011 for $8.65 million. At the time of his 2015 arrest, the FBI estimated Durst's net worth at approximately $100 million; The New York Times estimated his net worth at $110 million.
On May 1, 2015, the New York Post reported that Douglas Durst had settled litigation against Andrew Jarecki, having confirmed that Robert Durst was the source of videotaped depositions that appeared in The Jinx. Durst's disclosure apparently violated the terms of his 2006 agreement with the family, which had disbursed to him a lump sum of trust assets. Whether Jarecki confirmed Durst as his source was unclear—The New York Times reported in March 2015 that he was given "unrestricted access" to Durst's personal records, including the videotaped material— but the settlement paved the way for Douglas to reclaim as much as $74 million of his brother's assets, effectively freezing those assets pending court judgment. This would potentially affect Durst's ability to pay for high-caliber legal representation without tapping into real estate or other investments. The Post reported that Douglas was "mulling his next move", but no legal action had been taken.
In November 2015, McCormack's three sisters and 101-year-old mother sued Durst for $100 million, citing his apparent role in her murder and his denial to her family of the "right to sepulcher", a New York law that grants immediate relatives access to a deceased person's body and the opportunity to determine appropriate burial. If successful, the lawsuit would have relieved Durst's estate of most or all of the fortune he inherited. McCormack's brother James had attempted in October 2015 to file a wrongful death suit against Durst on behalf of his mother, but was challenged by one of his sisters, who held her mother's power of attorney. On December 7, 2015, the same family members filed a suit asking the court to freeze Durst's assets. The McCormack family's attorney, Robert Abrams, called Durst the "poster child" for why courts block defendants from disposing of assets while civil lawsuits are pending. In July 2016, the family asked the Surrogate's Court in Manhattan to "declare that Kathie died on January 31, 1982, when she was murdered by her husband, Robert Durst" so the sepulcher lawsuit could proceed.[190] The court granted the request and Kathleen was declared dead in absentia in 2017. In 2021, Durst was among those listed in the Pandora Papers leak, exposing the offshore sheltering of financial assets by hundreds of political, business, and celebrity people.
Other legal issues
In 2012 and 2013, Durst's family members sought and received restraining orders against him, saying they were afraid of him. Durst was charged with trespassing in New York City for walking in front of townhouses owned by his brother Douglas and other family members. He went on trial and was acquitted in December 2014. The judge also vacated the thirteen orders of protection his family members had taken out on him.
In July 2014, Durst was arrested after turning himself in to police following an incident at a Houston CVS drug store in which he allegedly exposed his genitalia without provocation and urinated on a rack of candy. He then left the store and casually walked down the street. Durst was charged with misdemeanor criminal mischief. In December 2014, he pleaded "no contest" and was fined $500. His lawyer described the incident as an "unfortunate medical mishap". A recording of the incident was released on videotape in 2015.
Death
Durst died of cardiac arrest at the San Joaquin General Hospital in French Camp, California, on January 10, 2022, at age 78. He had been undergoing medical tests when he went into cardiac arrest and did not respond to resuscitation. At the time of his death, Durst remained in the custody of the California Department of Corrections and Rehabilitation.
In January 2022, McCormack's family filed a wrongful death suit against Durst's estate. This was the fourth similar civil suit the family had filed since 2015, attempting to claim all or part of Robert Durst's assets. In response, a federal judge in the Southern District of New York ruled that Durst's second wife and heir, Debrah Charatan, may not do anything with his $100 million estate. The court documents say Charatan and/or her attorney must appear in court on March 25, 2022, and show cause why the order should not be issued. In March 2023, a federal court judge ruled the case of wrongful death filed by Kathie Durst's family against the estate of Robert Durst could proceed. In the ruling, the judge wrote that the lawsuit filed was not untimely because of Robert Durst's death. A conference was scheduled for April 2023.
In popular culture
Three episodes in the Law & Order television franchise gave different takes on the murders: The Law & Order episode "Hands Free"; the Law & Order: Criminal Intent episode "Maledictus"; and the Law & Order: Special Victims Unit episode "Devil's Dissections".
Fred Armisen played Durst in a 2003 sketch on Saturday Night Live and again in 2016 on Unbreakable Kimmy Schmidt. Kate McKinnon played Durst in a 2015 SNL sketch.
The American Court TV television series Mugshots released an episode covering Durst, titled Robert Durst—Mogul in Murder Mystery.
A&E and Lifetime announced in August 2016 that they were developing a movie based on the book A Deadly Secret. The television movie, titled The Lost Wife of Robert Durst, originally aired on November 11, 2017.
Investigation Discovery network released a special miniseries titled Robert Durst: An ID Murder Mystery, containing new interviews with friends and family of Durst's alleged victims, along with his defense attorney Dick DeGuerin. Legal experts and crime reporters offer insights on evidence leading to Durst's arrest and originally scheduled for 2019 but delayed until 2021 murder trial. The series originally aired on January 21 and 22, 2019.
The Jury Speaks dedicated an episode to his trial in Galveston, Texas.
The progressive metal band Intronaut wrote the song "Fast Worms" for their 2015 album The Direction of Last Things about Durst and his crimes.
ABC aired a two-hour episode of their TV newsmagazine 20/20 on March 18, 2022, about Durst and his bizarre life titled "The Devil You Know". It includes interviews and comments from friends, relatives, reporters, journalists, law enforcement, lawyers, prosecutors, all involved with Durst and his legal issues.
The movie All Good Things (2010) stars Ryan Gosling as David Marks, a character inspired by Durst.
In 2024, Oxygen True Crime network presented "Robert Durst: The Lost Years", an examination into Durst's whereabouts and activities between his various crimes and trials.