New Motions Filed Against Robert Durst In Murder Trial

BEVERLY HILLS, CA -- Prosecutors have filed two new motions against New York real estate heir Robert Durst, who's been charged with killing a friend in Benedict Canyon just before Christmas Eve 2000, the L.A. District Attorney's Office announced Monday.

Prosecutors objected to delays requested by the defense team, saying it was an attempt to "stall the inevitable."

Durst -- who was profiled in the HBO documentary series "The Jinx: The Life and Deaths of Robert Durst" -- was sentenced in April 2016 in Louisiana to seven years in federal prison on a weapons charge. In Los Angeles, he is charged with capital murder in the death of Susan Berman, who was killed on or about Dec. 23, 2000, in her Benedict Canyon home.

The murder charge includes the special circumstance allegations of murder of a witness and murder while lying in wait, along with gun use allegations. Prosecutors have not yet announced if they will seek the death penalty.

On April 12, Durst requested a delay in hearings on two issues, according to prosecutors. One is whether he waived attorney-client privilege surrounding boxes of evidence and the other goes to the admissibility of his interview with a Los Angeles deputy district attorney in New Orleans.

"Defendant misstates the facts and requests time to conduct additional investigation to locate evidence that, even if discovered, would have no legal bearings on the merits of his claim," stated one of the two motions filed Monday by prosecutors.

The issues were originally set for hearing in February, when both sides agreed to a delay until April 25. Prosecutors now want that hearing to proceed as planned.

The prosecution's other motion reports on the lack of progress made in sorting through the mountain of evidence in the case. A special master was appointed by the court to manage boxes of materials seized from Durst's home, his hotel room and from his girlfriend, but has been unable to get the job done, according to the prosecution.

"The Special Master made clear more than two months ago that he did not have the ability or time to accomplish this task," the second motion stated.

Prosecutors asked the court to allow a "dirty team" of District Attorney's investigators access to review the documents and decide which can be made available to the attorneys trying the case.

Durst has objected to the notion of a "dirty team," raising concerns about potential misconduct or unethical behavior.

Prosecutors asserted their "extraordinary efforts to ensure that defendant has been treated ethically and respectfully" and sought to assure the judge that their process would safeguard privileged documents.

"The defendant must not be permitted to obstruct this process," the motion concludes.

Durst was arrested March 14, 2015, in a New Orleans hotel room, hours before the airing of the final episode of the HBO documentary series "The Jinx: The Life and Deaths of Robert Durst," which examined Kathleen Durst's disappearance and the killings of Berman and a Texas neighbor, Morris Black, in 2001.

In the finale, Durst was apparently caught on microphone saying to himself, "Killed them all, of course," and "There it is, you're caught."

Durst has been long estranged from his real-estate-rich family, known for ownership of a series of New York City skyscrapers -- including an investment in the World Trade Center. He split with the family when his younger brother was placed in charge of the family business, leading to a drawn-out legal battle.

According to various media reports, Durst ultimately reached a settlement under which the family paid him $60 million to $65 million.

-- City News Service contributed to this report. Photo courtesy of HBO