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

Podcast added here

Image Courtesy Gerald Herbert/ AP

If Robert Durst was a fictional protagonist featured in Andrew Jarecki and Marc Smerling’s HBO’s docuseries The Jinx, he would be my favorite villain on cable right now.  He is not.  Durst is a slight man whose wallet is bigger than he is.  Because he ignored the advice of the $2million dollar defense team that won him an acquittal on murder charges of his neighbor Morris Black in Galvaston- he is now facing a first degree murder charge in Los Angeles.

Durst is accused of killing his long-time friend turned publicist Susan Berman in 2000 after she informed him police from Westchester County, NY sought an interview with her about Kathie Durst’s disappearance in 1982.   This was also immediately after Berman cashed a check from Durst for $50,000.   Berman’s killer sent a note to LAPD indicating there was a cadaver at her residence the day Durst boarded a plane from San Francisco to New York.   When Durst was confronted with this information his response was, “California is a big state.”   It is believed that Durst may have used Berman’s mob boss Father’s contacts to dispose of his wife’s remains in “The Pines” of New Jersey.*   During filming, Susan Berman’s son located a letter to Susan from Bobby Durst which he provided to Jarecki.   The nearly identical block print style is further complimented by the exact same misspelled word- BEVERLEY.

HBO

Neither Jarecki nor Smerling have commented directly on the authenticity of the chronology of the series after editing of The Jinx.    In other words, it is unclear when Jarecki formed the opinion he was interviewing the man responsible for the murder of his best friend and confidant- and likely at least two others.  It IS clear that the title, The Jinx, reflects Durst’s self-assessment.

Durst was arrested in New Orleans on Saturday evening; the night before the series finale aired on HBO.

Kathleen Durst, Robert Durst’s first wife, disappeared following what Durst described as a “pushing and shoving” kind of argument at their West Salem, NY home.    Durst states in The Jinx that he is complicit in her disappearance because his behavior drove her to leave him and her fourth year of medical school- but that’s all.  At  the time, Ms. Durst had recently proposed a divorce settlement through her lawyer which Mr. Durst declined.   Kathie Durst has never been located and was declared legally dead in 2001.  The couple was the basis for the loosely fictionalized film, All Good Things, which was Jarecki’s first crack at Durst and the impetus for Durst to contact Jarecki after seeing it.  Durst audaciously proposes and agrees to participate in ‘Jinx’.

“… Is he crazy enough to participate?…” -  Andrew Jarecki

” The downside to me about giving an interview is that the interviewer will take what I have said to make me look as bad as possible.” – Robert Durst

“… The upside is that there will be something out there from me,  I mean this whole time since I have gotten out of prison, I’ve said nothing to nobody about anything… I will be able to tell it my way and if somebody is reasonably open to a different story or a different situation than what has been put in the media, they’ll have an opportunity to believe it…” – Robert Durst

“… Look, I know you want to tell your story it’s important to you, and that’s fine by me  but I want you to remember one thing.  You run the risk of pissing people off and  people that have intentions contrary to your liberty, don’t  forget that.” – Chip Lewis,  Durst Atty

Bob Durst, the eldest son of Seymour and Bernice Durst was still in his tender years when his Father summoned him to wave to his Mother standing on the roof of the family home in her nightie.  Seconds later Mrs. Durst leapt to her death.   In his own words for the first time, Durst recounts many of his family foibles in the six part HBO series.  Some highlights include the fact that over a dozen members of his family have permanent restraining orders against him and he was acquitted of trespassing at his brother Douglas Durst ‘s home while the series was being edited.

‘Jinx’ masterfully elicits answers from Durst he has never before allowed to be asked of him on camera without a subpoena.   Bobby Durst’s one-on-one interview footage  is the equivalent of watching a curious zoo exhibit.   As the animal on display he is a hybrid between a bijou baby chimp alternating scratching his head and quirky facial tics and the predatory poise of a carnivorous jackal protecting and simultaneously marking his territory.   Durst was arrested for urinating on a cash register and a display of candy at a Houston CVS in June 2014.

This time around in the courtroom,   Bob’s still largely-intact legal team will be defending a murder charge in the city of Angels where Durst is now likely considered somewhat of a celebrity due to the wildly popular miniseries in his honor.    While most legal analysts agree that overcoming the odds of a man appearing to be speaking to his alter ego in the restroom on a hot mic actually admitting he ‘killed them all, of course”,  is herculean even by LA’s celebrity acquittal record- there are the very obvious indications that Durst suffers from a spectrum of personality disorders.  However, as Durst did consent to the interview and was told that the interview was completed, his commentary could be precluded from admission at trial as his “admission” and subsequent statements made by him were uttered with the expectation of privacy and not part of the interview.  In an earlier episode Durst began speaking to himself without realizing the mic was still hot and producers informed him.

The LAPD has been quick to deny there is any link to The Jinx and the timing of Durst’s arrest one day before the season finale.  In the handful of interviews Jarecki and Smerling gave just prior to the curtain call of reality that they are likely now witnesses in the murder case, Jarecki says that LAPD has had both the audio recording and the newly discovered letter to Berman for many months.  On the surface considering Berman’s case is fifteen years cold,  the timing does seem uncanny.  Jeanine Pirro,  former Westchester County District Attorney and chief bird dog in renewing her agencies vigor in the missing person case of Kathie Durst for six years -does not share the LAPD sentiment.

“…“These two producers did what law enforcement in three states could not do in 30 years, kudos to them.  They were meticulous, they were focused, they were clear.”  Jeanine Pirro

The prosecution in the Berman murder has its challenges in a high profile case where it cannot be disputed that evidence gleaned during the filming of “The Jinx” implicates Durst- IF -one is to believe in the forensic significance of document examination.  One thing is certain- if expert testimony of the comparison of the letter Durst wrote Berman on his letterhead and the envelope and letter Durst himself states “could only come from the killer” revealed during the taping  is admitted at trial, Durst will likely have a compelling explanation for it.  It’s his thing.  He chopped up a man and dumped him in the bay-sans his head, and convinced a jury he did that in self defense.   This author is doubtful that had Durst not proposed the series of interviews that he would have been  charged in Berman’s murder at all.   Jarecki and HBO et al  deserves Ms. Pirro’s kudos if indeed Jarecki went into the project objectively and investigatively. (more…)

Don’t miss Editor In Chief Blink,  www.blinkoncrime.com discussing 2011′s most sensational and haunting true crime cases with national  radio Host Dana Pretzer TONIGHT at 9PM EST. (Podcast below)

Special Guest, RED, featured political columnist and owner of www.scaredmonkeys.com at 9:50 PM.

Click HereTo Listen To The Previously Recorded Podcast

The Crime Review 2011

January-  David Anthony Durham shoots police officer after playing hookie from work in anticipation for an arrest, his house is located in the grid search for missing 7 year old Kyron Horman.  **Unsolved, **Unrecovered

February- “Onda” Chris George- featured in a cold case investigative report in November 2010, Chris was recovered on February 21, 2011 .  **Unresolved Possible Homicide

April 1 2011- Successful prosecution and life sentence of James Hattaway.  No April Fools joke.  Hattaway, a suspect in the disappearances of Onda Chris George,  and Tracy Ocasio, was convicted of attempted murder of Rachael Clark .

The alarming violent abduction of 20 year old student Holly Bobo.   Miss Bobo has not been located and their have been no updates by the TBI in her case for several months.  No named person of interest  in the case.  **Unsolved, **Unrecovered

May- Terrorist leader Osama bin Laden is executed upon refusal to surrender by US Navy Seals.

May/July- The trial of Casey Anthony resulting in her acquittal in all changes except 4 counts of lying to police.  Ms. Anthony has been renamed the C-word by www.blinkoncrime.com and recently released her first video diary as a blonde with a really bad cut.

June- Disappearance of Jacque Waller, wife of former cop and general con man Clay Waller.  Jacque has not been recovered, but Clay is in prison on  unrelated charges currently and the couple’s children are in the custody of Jacque’s family.    According to Clay’s dad , he has already confessed to her murder.

June -Successful prosecution resulting in a life sentence for the murder of Christine Sheddy, a 5 part cold case series developed in 2010 and featured on BOC for the purposes of progressing her case.  Justen Hadel, one of the primary suspects in the case ending up confessing, and our information was correct that Christine was murdered on the Byrd road property.   I spent a day on in 105 degree weather followed by a mini-hurricane on this hell-hole property I will never forget.  I continue to seek justice in the hope a prosecution will follow for Clarence Jackson and Tia.

July/August 2011- Celina Cass missing, and recovery of her remains.  While it is presumed a homicide, her cause of death has not been determined or released.  Wendell Noyes, her stepfather is the only non-official person of interest. Celina’s mother left him while he underwent psychiatric care upon the news of Celina’s recovery.  It is my solid opinion that Wendell is involved in Celina’s death and disposal of her remains in a water treatment ().  There have been no arrests or indictments in this case to date.

August 19, 2011.  West Memphis Three-  Two days after I wrote a series about the murders of 3 8 year old boys in June of 1993 by 3 teenage boys known as the West Memphis Three,  all three plead guilty to an alford plea after the state agreed to a deal proffered by the defense team, funded by the Hollywood elite.  So far, Reese Witherspoon has been cast as Pam Hobbs, mother of Stevie Branch.  In November, the parents wrote a letter to the Chair of the AMPAS documentary committee asking that they not con sider the HBO commissioned Paradise Lost 3, Purgatory for an award.  We featured the entire letter as a front page on the site, in support.

September 2011-  The Susan Powell case-  The roller coaster of we found remains, wait, not remains, but former remains in burned wood chips.  The subsequent arrest of Susan’s freak in law

October 2011- The disappearance of Karen Swift, mother of four.  Karen was located on December (), and has yet to have her autopsy completed or her remains released.  Sheriff Box of the Dyer County Sheriffs Office has not named a suspect, but it is widely known that the primary person of interest is David Swift, Karen’s recently estranged husband.

Missing 10 month old Lisa Irwin- No new anything in this case, since Joe Tacopina of Joran VanDerSloot fame took the case to represent the parents.  A lead developed from Deb Bradley’s phone produced a juggalo chic whose phone was called in what is believed to be in the middle of the alleged crime, and did ping close to the Irwin residence.  Megan Wright’s former boyfriend known as Jersey was subsequently arrested for tampering with a vehicle.  She claims not to know anything in the case and that her phone was used by several members of a household she was since asked to leave.

Amanda Knox Acquittal- what many did not know about the prosecutor will change most of your opinions in this case.  Blink dubs Giuliano Mignini  “The Mike Nifong” of Perusia.

November/December: The Nittany Nightmare-

Over 40 counts of child sexual abuse are filed in an indictment against former PSU offensive coordinator and Second Mile founder Jerry Sandusky.  Tim Curley and Gary Schwartz are indicted and held for trial for perjury in their grand jury testimony.  Mike McQueary stands firm in his testimony during the preliminary hearing.  Blink uncovers a possible insurance scandal paying the legal bills.

Beverly Hills, CA- Following an announcement that The Academy of Motion Picture Arts and Sciences  is considering the HBO documentary Paradise Lost III : Purgatory, as one of 15 submissions being considered for an Oscar in the documentary category branch of AMPAS, chaired by Rob Epstein-  Todd and Diana Moore took action.

The Moores are the parents of James Michael Moore, one of three eight your old victims murdered on May 3, 1993 along with Chris Byers and Stevie Branch.  Within days of an exclusive series on the murders appearing on www.blinkoncrime.com which included the discovery of potential new evidence;  the nearly 18 year old case that resulted in 9 previous convictions of three suspects took a radical turn.

On August 19th  Jessie Misskelley, Damien Echols and Charles Jason Baldwin pled guilty to the murders of all 3 children via an Alford plea and were immediately released from jail as convicted murders on parole.

Paradise Lost III produced by Joe Berlinger and Bruce Sinofsky follows it’s predecessors I and II,  released in 1996 after the initial convictions of the West Memphis 3.

Berlinger is a member of AMPAS,  and has produced several unreleased documentaries of Hollywood A- listers including Charlize Theron, Hugh Jackman, Oprah Winfrey and Cameron Diaz.

Click below to read impassioned and unedited letter sent to Chairman Epstein. (more…)