Robert Durst’s twisted authorized saga hasn’t ended along with his loss of life.
“There can be a posthumous acquittal,” his legal professional, Chip Lewis, vowed to The Publish Monday, hours after the 78-year-old convicted killer’s loss of life.
A Los Angeles jury in October discovered Durst responsible of murdering his pal Susan Berman, a conviction that may find yourself being vacated as a result of Durst died whereas he was going by means of the appeals course of, based on LA County Deputy District Legal professional John Lewin.
In California and different states, a conviction beneath enchantment is vacated if the appellant dies as a result of the upper courtroom didn't have an opportunity to affirm the conviction.
Nonetheless, Lewin pressured that getting Durst’s conviction vacated wouldn’t change the truth that jurors believed that Durst not solely killed Berman in 2000, but in addition his spouse Kathleen McCormack Durst in 1982 and neighbor Morris Black in 2001.
And he additionally famous that an acquittal isn’t doable in Durst’s case, for the reason that real-estate scion can’t be tried once more.
“To acquit implies that a jury has decided that the prosecution didn't placed on sufficient proof to show guilt past an inexpensive doubt. It’s not the identical as somebody being discovered harmless. In California, Durst dying doesn’t imply it’s an acquittal. It’s merely that the conviction is vacated,” Lewin stated.
For Lewin, Durst’s loss of life provided an opportunity to replicate on the three victims whose lives have been reduce brief.
“Ultimately, Bob Durst was fully unremorseful and unrepentant,” Lewin stated. “He refused to take any accountability for his actions, to the purpose of repeatedly and constantly perjuring himself throughout his testimony in trial to a stage that I don’t suppose anyone’s ever seen. For all these causes, my sympathies are with the victims and households, and I’m gratified that we have been capable of have a jury take heed to the proof. We had 5 months of trial they usually made the dedication that he was chargeable for the deaths of three individuals.”
Laurie Levenson, authorized analyst and legal legislation professor at Loyola Regulation Faculty, stated the California Courtroom of Enchantment will ship the case again to the decrease courtroom with a rule to “abate the proceedings,” and the enchantment will not transfer ahead.
“The conviction can be vacated, however he was clearly discovered responsible,” Levenson advised the Publish. “His responsible conviction doesn’t stand as a result of he wasn’t given an opportunity to complete his enchantment, however there isn't any potential for a posthumous acquittal.”
Robert Abrams, legal professional for the household of Durst’s spouse Kathie, stated that the investigation into “those that helped him cowl up her homicide” would proceed, and an replace could be offered on Jan. 31, which occurs to be the fortieth anniversary of Kathie’s homicide.
However Lewin stated he believes Durst was the one one that was chargeable for the three deaths.
“I labored on this case for eight years,” Lewin stated. “There's no credible proof by any means that anyone apart from Bob Durst was chargeable for the killings of Kathie, Susan and Morris. Interval.”
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