Robert Durst’s twisted authorized saga hasn’t ended with his dying.
“There will be a posthumous acquittal,” his attorney, Chip Lewis, vowed to The Article Monday, hours following the 78-year-aged convicted killer’s death.
A Los Angeles jury in Oct identified Durst guilty of murdering his pal Susan Berman, a conviction that will finish up becoming vacated because Durst died even though he was going via the appeals procedure, in accordance to LA County Deputy District Attorney John Lewin.
In California and other states, a conviction under attractiveness is vacated if the appellant dies simply because the better courtroom did not have a prospect to affirm the conviction.
Nevertheless, Lewin pressured that having Durst’s conviction vacated wouldn’t modify the actuality that jurors believed that Durst not only killed Berman in 2000, but also his spouse Kathleen McCormack Durst in 1982 and neighbor Morris Black in 2001.
And he also noted that an acquittal is not probable in Durst’s circumstance, because the actual-estate scion can’t be attempted all over again.
“To acquit implies that a jury has decided that the prosecution did not place on plenty of proof to confirm guilt further than a fair question. It’s not the exact same as somebody being discovered harmless. In California, Durst dying does not suggest it is an acquittal. It’s only that the conviction is vacated,” Lewin claimed.
For Lewin, Durst’s dying offered a prospect to replicate on the a few victims whose lives were being reduce shorter.
“In the end, Bob Durst was entirely unremorseful and unrepentant,” Lewin reported. “He refused to get any responsibility for his actions, to the place of repeatedly and continually perjuring himself all through his testimony in demo to a level that I really don’t believe anybody’s ever witnessed. For all all those good reasons, my sympathies are with the victims and households, and I’m gratified that we ended up equipped to have a jury listen to the evidence. We experienced five months of demo and they made the perseverance that he was liable for the deaths of a few persons.”
Laurie Levenson, legal analyst and legal regulation professor at Loyola Law University, mentioned the California Court docket of Enchantment will ship the scenario back to the decrease courtroom with a rule to “abate the proceedings,” and the attractiveness will no lengthier transfer forward.
“The conviction will be vacated, but he was certainly observed guilty,” Levenson instructed the Write-up. “His responsible conviction doesn’t stand mainly because he wasn’t presented a possibility to complete his attractiveness, but there is no potential for a posthumous acquittal.”
Robert Abrams, lawyer for the household of Durst’s wife Kathie, explained that the investigation into “those who assisted him deal with up her murder” would go on, and an update would be presented on Jan. 31, which comes about to be the 40th anniversary of Kathie’s murder.
But Lewin stated he believes Durst was the only man or woman who was responsible for the a few fatalities.
“I worked on this situation for 8 years,” Lewin claimed. “There is no credible proof whatsoever that anyone other than Bob Durst was accountable for the killings of Kathie, Susan and Morris. Period.”