Durst Dragnet To Testify At Thursday Hearing: Will Robert Durst’s Legal Augers Succeed Again? LIVE Discussion Tonight at 9PM On THE DANA PRETZER SHOW

Fear him or jeer him- Bob Durst is the Houdini of criminal prosecution thus far.  Sitting in a medical wing  at the Elayn Hunt Correctional Center in St. Gabriel, Louisiana he is awaiting his next “report to scene” call- currently scheduled for this Thursday.   His Texas lawyers Chip Lewis and Dick DeGuerin intend to pull his freedom out of their ten gallon hats- freedom from the charges Durst is facing in Louisiana that is.   If that happens,  Durst has already waived extradition to be transferred to Los Angeles  to face the pending criminal indictment against him in the 2000 murder of his close friend, commiserator and confidant,  Susan Berman.  The State of Louisiana has thirty days to enforce extradition and that shot-clock runs out next week.

DeGuerin Durst

Last week Durst’s  preliminary hearing was continued  at the request of his attorneys when three law enforcement witnesses who are named in a probable cause affidavit failed to comply with a subpoena and appear at the hearing.   Mark Burton,  Supervisor, Magistrate and Municipal Courts of New Orleans at Orleans Parish District Attorney’s Office, repeatedly and by many accounts bawled loudly for the defense to present alternative witnesses to the three contained in the arrest warrant.   Burton asked the court to consider his unauthenticated arrest warrant (legal equivalent of a soiled cocktail napkin for this proceeding)  signed by Trooper Saunders Craine to serve as probable cause of the States charges against Durst.    Burton produced no witnesses of his own and Municipal Judge Harry Cantrell, Jr. was unmoved.  Cantrell continued the hearing until this Thursday.

Sources who wish to remain anonymous as they are not authorized to speak publicly about the case have confirmed to www.blinkoncrime.com that SA Williams,  SA Bender and Sgt Craine have been compelled to appear.   Although Federal prosecutors initially barred the FBI agents from testifying and have subsequently motioned to remove the subpoenas entirely,  it is unclear upon what reasoning Trooper Craine decided to dodge the subpoena considering his name is signed to the affidavit.

Could the United States Attorney’s Office be considering Federal charges against Durst?

All may be leading to the classic audience favorite however- the bait and switch- as Durst is due in court this afternoon on the extradition matter and Teflon Bob’s New Orleans based Attorney Billy Gibbens intends to push for immediate extradition.    It is the defense’s position that the pending charges against Durst resulted from an illegal search conducted before a search warrant was obtained for his hotel room after he was confronted by FBI agents in the lobby.   After Thursday’s melee,  DeGuerin wasted no time and filed his Good Friday  motion for dismissal of the felony firearm and possession of marijuana charges on the grounds that no probable cause has been offered and asks Cantrell to “end these tortuous proceedings.”

“It’s all part of us making an effort to get to California,” DeGuerin told The Times, noting, “I would think the Los Angeles prosecutors would be clamoring to the him out there.” “I think what will develop is that the agents didn’t have probable cause to make an arrest, they didn’t have probable cause to make a search; they made a search before they had a search warrant. “The evidence is not admissible,” he said, adding: “That’s what we hope to establish if we can ever get a witness to take the stand.”- Atty Dick DeGuerin

Assistant DA Mark Burton is feeling the heat to drop the charges and there does seem to be a pretty wide legal majority that agrees with DeGuerin’s motion that there is not a single law on the books that allows Burton to offer as an  authenticated warrant without testimony at a preliminary hearing.

How  one thinks that is going to roll when the Houston search warrant alone specifies that Durst was already under surveillance for months may be Burton’s turn at magic.

Please join me this evening discussing up to date Robert Durst developments as a guest on THE DANA PRETZER SHOW, LIVE Tonight at 9PM

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39 Comments

  1. Formerbarista says:

    Shall the magic trick begin?

    lol. I will take a look up my sleeve :)
    B

  2. Mom3.0 says:

    Great show Blink- Ditto to Dana

    Wag the Dog- deep thoughts
    Brilliant Blink I can certainly see that being the truth of the matter

    You discussed Pirros assertion that Durst killed Susan inorder to silence her-

    I went back and found a Jan 2001 article that may shed some light-
    unfortunately it may not back up Pirros recollection of having already contacted Susan or LE in LA inorder to set up an interview
    rather it seems Durst lawyers may be right to

    snip
    want Pirro to testify to “confirm that, as part of her investigation, Ms. Pirro never requested an interview or otherwise contacted Susan Berman prior to Susan Berman’s death in December 2000.”
    http://www.latimes.com/local/lanow/la-me-jeanine-pirro-robert-durst-hearing-20150401-story.html

    Heres the 2001 article
    snipped:

    http://nypost.com/2001/01/06/slain-writer-faced-quiz-over-missing-woman/

    Roberts said New York State Police phoned him yesterday – when news of Berman’s death broke – to tell them they had wanted to talk to her about Kathleen Durst’s disappearance…….

    …“She certainly would have been a very important witness, given her relationship with Robert Durst,” said Westchester County District Attorney Jeanine Pirro, who stressed that New York authorities learned of Berman’s murder when they contacted Los Angeles police about interviewing her.

    Pirro said New York authorities have been “in the process of re-interviewing anyone that has information [about what] might have happened in 1982″ to Kathleen Durst.
    end

    - Blink you and Dana covered alot thanks-
    I realize the show was a whole 5ominutes but it just wasnt long enough-

    A&P
    again Kudos guys

    Thanks Mom 3.0- Dana definitely has a way of making me consider things I have not already- a true skill.
    It is my view (she is on JINX) that when Pirro says “we were getting ready to talk to her” that meant they had not, and the defense intends to take it a step further as to say she was never contacted. This was definitely standard LE protocol and/or thinking at that time.
    B

  3. Mom3.0 says:

    Layest from Lousiana:

    snips-

    Robert Durst, the millionaire murder suspect awaiting extradition to Los Angeles, was indicted on two Louisiana gun charges Wednesday (April 8) by an Orleans Parish grand jury. Criminal District Court Judge Arthur Hunter ordered Durst to be held without bond following a request from Assistant District Attorney Laura Rodrigue.

    ……the filing of formal charges moves Durst’s case out of Judge Harry Cantrell’s magistrate court into Criminal District Court and cancels a preliminary hearing that was to resume Thursday, to determine whether probable cause existed for Durst’s arrest. Durst’s case will now be allotted to District Judge Franz Zibilich’s courtroom where he is set to be arraigned at 9:30 a.m., said Robert Kazik, the court’s judicial administrator.

    The charging document lists a series of aliases used by the 71-year-old in the past, they include: Dorthy Ciner, Everette Ward, Jim Turs, Morris Black, Diane Winn, Robert Dean Jezowski, James Cordes, Ralph Durst, James Klosty, James Fleischman, Emilio Vegnoni and Johnnie Smith.

    Wednesday’s indictment also puts an indefinite hold on Durst’s extradition to California, where Los Angeles police are waiting to book the real estate scion with first-degree murder in the 2000 shooting death of writer Susan Berman.

    http://www.nola.com/crime/index.ssf/2015/04/robert_durst_indicted_in_state.html

    Mom 3.0- I feel like I should offer you an adult beverage and snack as it is just you and I in here, lol. Name your poison. I make an asparagus rollatini that is my “go to” appetizer. Please enjoy, lol.

    It is very infrequent I get audited and validated in less than 24 hours but that happened today as you posted. Federal gun indictment against Durst.
    In my view this has one purpose- to stave off the appearances Thursday where they know that warrant gets tossed. The question is- what is LA dog in this fight?
    He is not a resident, and has no businesses there. How does one impose on a sitting GJ like this in a day?

    What gives in the face of everything Durst has already been charged with?

    Smells like teen spirit to me ( ok that is a joke Mom 3.0 and I will enjoy) but on a serious note- this is strategic.
    B

  4. Mom3.0 says:

    *latest

  5. erose says:

    Blink & Mom3.0, I’ve been reading along all along, dining on the fab buffet you have both put out, sorry I don’t have a dish to offer.

    lol. We are excellent sharers erose, thank you.

    (because another reads here I want to see this message) who cannot post on this thread :) And a shout out to my west coast friend who shall remain nameless who got the iwatch preorder date wrong. I thank so much that I was up till 4AM this morning when I have a 2 hour midterm at 11. Yutz!
    B

  6. Rose says:

    I’ll stay for that appetizer’s recipe…
    how can a federal gun indictment be heard in a State Criminal District Court?

    Im with you- to my knowledge it can’t- and to further the query nothing in pacer yet.
    B

    O/T: 2 asparagus spears, broken where bends naturally, wrap in 2 slices of proscuitto with 2 cubes of fontina cheese inside. I use parchment paper on top of a baking sheet- you can get up to a dozen on one baking sheet depending the length of asp. Drizzle ever so lightly with evoo and sprinkle panko bread crumbs over each one to taste- salt and pepper ( but they tend to run salty already so I taste it first now) bake at 250 about 10 minutes or until the cheese is soft and lightly golden where you can see it.

  7. Rose says:

    I think I get it. Durst was arrested on State charges, but due to the bad search that was not going to fly, so the local DA hurriedly got a State GJ to indict on State charges so he could be held until a Federal petition & arraignment could be effected in Federal District Court on a federal charge. At this point the objective is to hold him in custody.

    Yes’m that is about the fast gj indictment I have seen in a case that has had a prelim postponed 3x

    B

  8. Rose says:

    LA Station serial killer psychologist interview:
    http://losangeles.cbslocal.com/2015/04/08/criminal-psychologist-says-robert-durst-loves-toying-with-police/
    If he wants to go to LA, & attorney DeGuerin wants him there, my 2 cents is keep him in Louisiana by any means. Federal trial & appeals & a 10 sentence probably = life in his case. A Lousiana jury will likely be easier to get a conviction from than LA, & objective evidence exists. This man should’ve been in a locked forensic State or Federal hospital for decades. Off to listen to your fine show, but no Jinx for me.

    The only thing I disagree with in that interview is that Durst is a sociopath. Hell to the No. He is a straight up psychopath. His IQ and achievements are not typical of any sociopath.
    B

  9. Rose says:

    http://scaredmonkeysradio.com/audio/20150407s.mp3
    excellent analysis & opinions.

    It is reassuring you say Jinx is not apt for case study & accuracy but for
    lay entertainment. And predict it will open up successor docu series as a genre.

    Imo whoever in the Louisiana regional fbi & Louisiana regional us attorneys office targeted
    Durst for surveillance & arrest, made the judgment it was better to get him on federal charges with objective evidence (guns, drugs) whose outcome would incarcerate him for life, than murder charges which lack BRD evidence & are apt to fail. It is infortunate these regional federal officers were not better trained & held accountable wrt search standards.

    Blink passes a glass of barbaresco and plate:)
    Thank you. My fascination with this offender and the circumstances surrounding the JINX is not promising to wane anytime soon. I did not want to take the focus off Durst during my interview but I have been approached previously- and had some meetings involving doing a docu that was centered around a private case but I was not comfortable that it was the right venue and for me- too important to determine the ending for it to qualify as a docu- I think Jarecki went into it with the right intention to be objective and balanced, but if you watched it- perhaps you agree it did not turn out that way.

    I seriously believe this was Durst’s folly and to your point I think we are seeing the collective ( the jink is on us) response for being called off the line so to speak.

    I don’t know yet if the Fed charges are to dissuade the agents from testifying at a prelim or not- Fed court discovery and process is very different and 100% advesarial.

    Good point about it being a collective decision after LAPD gave it more thought- I had not considered that possibility.
    B

  10. Mom3.0 says:

    Blink – thanks for the laugh- that appetizer sounds heavenly and might go great with a Baileys :)

    I agree with you this is strategic- Im not sure what the strategy is though…. I agree that part of it is to stave off the Thur. proceedings.

    I dont understand how the Grand Jury was called and reached a conclusion so soon- Could they have been working for much longer than since the time of arrest? IIRC you mentioned in the show that Durst was being surveiled for at least a month?

    I read other more detailed articles – seems the FBI has him in their sights and is taking over…calling for him to be transferred to a Federal facility…and if Im reading correctly the charges could
    net long sentence of 10 to 20 if convicted?

    Could it be that LE and the FBI feel that this arrest is the best shot they have of putting him away, so they are taking it and LA is content to let it play out?

    Heres the links-
    http://www.nola.com/crime/index.ssf/2015/04/robert_durst_charged_with_fede.html

    this link with more details on FBI actions:

    http://www.latimes.com/local/lanow/la-me-ln-durst-murder-extradict-20150408-story.html?track=rss

    and

    heres another w DeGuerin statements
    http://www.latimes.com/local/lanow/la-me-ln-robert-durst-indicted-20150408-story.html

    “It means once again the DA’s office is avoiding the hearing” on his challenge to the probable cause for arresting Durst in New Orleans and searching his hotel room, DeGuerin said.

    “This is a California born and bred case and that’s where it belongs,” he said, adding, “there was no reason to rush the indictment.”

    Id appreciate yr take cuz Im not sure whats going on

    lol- only if you drink it from a shoe.

    I hate to say I told ya so ( meaning y’all) but I told you so. What is very interesting to me is why then didn’t the feds arrest him themselves and allow that to occur by the State (of which they are witnesses) if they were going to usurp those charges. My source indicates Burton wasn’t intending to bow down and the Feds want him in their custody.

    Makes a person wonder why- except I don’t think I am wondering. These Feds want to talk to Durst, clearly- is that because there is a CI in the wings on Berman who is protected?
    Is that because they know whoever killed Berman is really the target of RICO or some other Fed enforcements?

    Are they going to charge him with someone federally regarding his aliases- as some of those are new to me.

    AND one is spelled wrong.

    Status conf in chambers at 2PM. How shocking- not open to the public.

    Ps- I can’t help thinking that there is something else going on they might him to forfeit?
    B

  11. Rose says:

    I agree with Axis II diagnosis, but also an Axis I. It would be interesting to know the outcomes in their 20s of his sibs progeny–if any are schizoaffective. We only hear of his mother. imo a female jumping off a roof is an unusual way out if depressed. Then there are the self-medicating drugs whose lifelong use have so impaired him imo it’s impossible to know what his cognition would have been without tgat 3rd diagnostic component.

    agreed. If I were either Kathie or Susan’s family today I would be spitting fire. He will die before LAPD ever gets a crack at him if they keep with the Fed charges.
    How about this reason for the SA Williams, Bender and JTTF member Craine being ordered to set their subpoenas aside? Polite says they did not have ample time to ask permission to appear.

    Is he for real? Durst has been under surveillance for at least forty plus days. I wonder if Crystal Bender is undercover on this one?
    B

  12. Rose says:

    I meant to suggest the local regional fbi office, local regional us attorney, & Louisiana County DA were collaborating.
    LAPD & DA seem to want the extradition, idk why. Little suspicious the Calif agencies are on the same page as Durst & his attorney. I’d better be quiet til I’ve read everything here. I think Louisiana will keep him.
    —–
    OT I have a leftover pack of proscuitto from a reception I catered last nite & will put it to use then.
    Surprisingly Costco’s beat 5 grocery stores in a town without a deli market. Will look forward to its use.

    The Feds want to trump a murder indictment in LA- thinking pretty hard between classes today- and I am not sure I have ever seen that before outside of picking up a jurisdiction when it has been determined the case in chief (State) is gonna toss.

    o/t: enjoy! They are kind of our go to ’round here when asparagus is nice. And this girl needs to estrange herself with pasta- in particular the leftover trays of homemade mac chee from Easter. I should just apply it to my a**
    B
    B

  13. Formerbarista says:

    Asparagus, fontina, and prosciutto on chef’s list today. Sounds springy!
    With hail and thunder, it’s a good thing I carry a baguette.

    O/T: LOL LOL. You make me want to go back to Paris. That fair city stole my heart for always.
    Whether on the metro or walking the streets, late afternoon it seemed everyone had a baguette sticking out of something.
    don’t forget the drizzle of evoo so your panko crumbs stick and absorb. You will not get much grease to do it for you when cooked. Optional of course.
    B

  14. A Texas Grandfather says:

    Things happen differently in New Orleans. The state laws are not based on English law, but French law. That is a long list of aliases for Durst and he may be tied in with some criminal activities that the FBI are trying to clear.

    All this food and drink and I can’t eat anything until after band rehearsal. LOL Food and a wind instrument do not go well together.

    lol- Im going to resist the urge to crack a joke at the expense of your last line.

    B

  15. Ode says:

    http://www.cnn.com/2015/03/19/us/robert-durst-cold-cases/
    Just throwing this out ….why was the FBI asking other jurisdictions to look at cold cases?

    I think that is a journalist taking license Ode- but it is true that jurisdictions are scrambling to connect him just about any unsolved cases.
    Fairly typical- I don’t think he is involved.
    B

  16. Ode says:

    Memories of Paris…Steak Tartare at the top of the Eifel Tower as the 2 10 year olds with me cried there is hair on my chicken …and after thinking, do they have Mad Cow in Paris…OMG what have I done. I think I would enjoy it more today…Anyhoo I will bring the Tartare and a bottle of Scotch to the party if that is ok.

    Hairy chicken is what anyone deserves for ordering chicken in Paris- because in paris 10 is the new 15 and they should have known better. *Teasing of course*

    I don’t know if Durst has been to Paris, but I bet he has.

    Now you did it Ode- from my personal collection. I hope nobody minds a bit of light heartedness amongst the dark. I am feeling like it is needed – almost like the calm before the storm
    null

    null

    B

  17. A Texas Grandfather says:

    A beautiful picture of the Eifle Tower at night. Mrs. ATG spent a week in Paris in 1988 with her French friend Janinne whose parents lived at Niece.

    And yes, my smart,clever VGD you got my message about the possibility of becoming a double wind player. The other thing is blowing small food particles into the instrument from your teeth creating a need for cleaning the instrument.

  18. whodunnit says:

    nothing to add except. like MOM 3.0, I wish your Pretzer show would have gone on and on. It was great. AND getting all the ingredients for the asparagus this weekend!

    Thank You who-

    IMPORTANT OFF TOPIC: THE CHEESE WAS SUPPOSED TO SAY ASIAGO- NOT FONTINA. I have never made it with Fontina but I did make a dish for easter so it stuck in my head- sorry for the mix up. If anyone made it or makes it with fontina let us know how it was, lol.
    B

  19. Formerbarista says:

    Hee. Blink, I was going to throw in some parmesan cheese with the fontina, just to keep it all kosher. And I’m keeping my blonde hair as separate as possible.

  20. sunshine says:

    Need more facts please sunshine- the victim initials are RP, is that correct?
    B

  21. sunshine says:

    That is the case I thought it was then- may I reach you at this email to respond?
    B

  22. sunshine says:

    YW. Will not be until early next week I am finals and I intend to spend my Mother’s Day being just that and nothing else for the day. That’s my plan anyway, lol.
    B

  23. Sister says:

    My dear Blink,
    Thinking of you and hope your Mother’s Day was filled with joy.
    I have retired. Trying to find my new center of gravity.

    It absolutely was, I thank you. Good for you Sister, I think it will find you sweet friend :)
    B

  24. A Texas Grandfather says:

    test

    OMG OMG OMG- Not gonna lie- I used resources to make sure you were ok.
    I was worried sick. I am so glad you are ok, and I presume your family.
    Thank God, and so sorry you and so many others went through that mess.
    xo
    B

  25. A Texas Grandfather says:

    Thank you Sir, all I care about is you and your family are safe- as you saw was expressed throughout the site and threads.

    B

  26. Ode says:

    This made my day. So glad to see A Texas Grandfather make a post.

  27. A Texas Grandfather says:

    Test

  28. A Texas Grandfather says:

    Still working on firefox problems. Maybe this time all of them are repaired.

  29. Ragdoll says:

    Hey friendies!

    It’s been a while. Just wanted to drop in to say I miss y’all and hope the summer was filled with love and great memories for everyone. I pray y’all are safe and sound….ATG!!!! ;) ….AAAAND healthy.

    Hope to ya up the road, sometime soon. xo!

    XO FriendLY
    McStay needs your perspective :)
    B

  30. Ragdoll says:

    Thanks friendLY! You know our victims and their families are in my prayers. May their cries for justice be heard from their graves to God’s ears xo xo xo?

  31. Jackie says:

    Just wondering why the site hasn’t been updated since April. Did I miss something?

  32. A Texas Grandfather says:

    A headline reference on Fox News is reporting that Robert Durst has agreed to extradition to LA for a murder trial to take place next August. I don’t have details yet.

    Thanks ATG- I have read that, but that agreement was executed 10/15/15- it precedes the reconsideration and he is not due in court until Feb- although it is on the docket as a change in plea hearing. In the agreement he MUST enter into a plea agreement (gun charge) and be sentenced to Fed prison and arraigned in CA by August 18, 2016.

    Sounds very tactical to me- my guess is he is going to cut a deal in Berman. I presume he will admit to the letter “after the fact” and point the finger at Black or a mob member.

    Reminder: Durst gave Jawrecki all that data directly.

    B

  33. Ode says:

    http://www.aol.com/article/entertainment/2016/12/17/robert-durst-reveals-he-was-on-meth-the-whole-time-during-hbo/21630011/

    So the meth made him say it?

    I have to believe if he really was on meth the duration of the HBO filming, at the very least it was known to Jawrecki and producers, etc. Being under the influence for some commitments that require you “not to be” as a condition, might be his angle.
    B

  34. Rose says:

    Harry Litman (@harrylitman)
    3/2/20, 12:59 AM
    12 jurors now seated in LA murder trial of Robert Durst, which is a colorful and crazy LA special every bit in the tradition of OJ and Charlie Manson. One more week to pick 12 alternates for the likely 5-month trial, then opening arguments in mid -March. Should be a wild ride.

  35. BOC Staff says:

    Thanks Rose. I have been running around for medical appointments in the last 2 weeks so I apologize for falling behind.

    I admit I have a professional infatuation with the neuro/behavioral profile that is Bob Durst. TO add, the various and sundry greater social effect conversation.

    B

  36. BOC Staff says:

    You prompted me to re listen to some of my archived Bob Durst files. It would be unprofessional of me to weigh in without doing a full analysis but my opinion on the case has not changed. Lewan is like a Human Hubris Cicle and that’s me trying to be constructive, lol. I have yet to see any evidence that even puts Durst in the State on the day/time of the murder ( which has no wiggle room on TOD) and I am aware of evidence that the defense has that will seriously call into question the motives of a Berman family member and critical pros witness. I have my thoughts on a possible solicitation scenario worthy of exploration, but again, unless that is proffered in the instant matter that dog doesn’t hunt rn either.

    Dick Degeurin is one of the best criminal def attorneys out there, but given the climate he should be hiring Linda K Baden on this one. At Max Durst has 3-5 years life expectancy, imo.

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