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| Buzzing Reporters and a Mystery Witness: Scenes from the Durst Hearing | Buzzing Reporters and a Mystery Witness: Scenes from the Durst Hearing |
| (about 1 hour later) | |
| The coming trial of Robert A. Durst in Los Angeles may not have the star power of the 1995 murder trial of O. J. Simpson, the former N.F.L. running back and actor. | The coming trial of Robert A. Durst in Los Angeles may not have the star power of the 1995 murder trial of O. J. Simpson, the former N.F.L. running back and actor. |
| Mr. Durst, although the offspring of a well-known Manhattan real estate family, does not have a similar claim to fame. He is charged with killing a confidante in her Los Angeles home 17 years ago for fear that she would cooperate with a renewed investigation into the disappearance of his first wife. | Mr. Durst, although the offspring of a well-known Manhattan real estate family, does not have a similar claim to fame. He is charged with killing a confidante in her Los Angeles home 17 years ago for fear that she would cooperate with a renewed investigation into the disappearance of his first wife. |
| But he drew widespread attention as the central figure in a 2015 six-part HBO documentary — “The Jinx: The Life and Deaths of Robert Durst” — that was broadcast internationally. | But he drew widespread attention as the central figure in a 2015 six-part HBO documentary — “The Jinx: The Life and Deaths of Robert Durst” — that was broadcast internationally. |
| Like Mr. Simpson, Mr. Durst, 73, has his own Dream Team of defense lawyers, including Dick DeGuerin and Chip Lewis, who won an acquittal for Mr. Durst in a 2003 murder trial in Texas; David Z. Chesnoff, who has represented celebrities and mob figures; and Donald M. Re, who represented a friend of Mr. Simpson’s in that 1995 trial. | Like Mr. Simpson, Mr. Durst, 73, has his own Dream Team of defense lawyers, including Dick DeGuerin and Chip Lewis, who won an acquittal for Mr. Durst in a 2003 murder trial in Texas; David Z. Chesnoff, who has represented celebrities and mob figures; and Donald M. Re, who represented a friend of Mr. Simpson’s in that 1995 trial. |
| So it was perhaps fitting that Mr. Durst’s pretrial hearing last week in Los Angeles Superior Court had all the makings of a media frenzy. | So it was perhaps fitting that Mr. Durst’s pretrial hearing last week in Los Angeles Superior Court had all the makings of a media frenzy. |
| To gain access to the courtroom, the major television networks vied with TMZ, BuzzFeed, City News Service, Bloomberg, The Associated Press, Fox News, Courthouse News Service, Reuters, The Los Angeles Times, The Daily News, The New York Times and assorted bloggers. | To gain access to the courtroom, the major television networks vied with TMZ, BuzzFeed, City News Service, Bloomberg, The Associated Press, Fox News, Courthouse News Service, Reuters, The Los Angeles Times, The Daily News, The New York Times and assorted bloggers. |
| There were no cameras allowed at the hearing, however, because of a “mystery witness” who was being protected day and night by a Los Angeles SWAT team. | There were no cameras allowed at the hearing, however, because of a “mystery witness” who was being protected day and night by a Los Angeles SWAT team. |
| Mary Hearn, the Superior Court’s director of public information, kept careful track of who filled the 42 seats inside the wood-paneled court. The New York Times was not on “the list.” But after some huffing and puffing, I was able to get inside. | Mary Hearn, the Superior Court’s director of public information, kept careful track of who filled the 42 seats inside the wood-paneled court. The New York Times was not on “the list.” But after some huffing and puffing, I was able to get inside. |
| Six members of the defense team took up the seats in the gallery behind Mr. Durst, possibly to prevent reporters from getting too close to him. | |
| At least some of the reporters covering the hearing had not yet been born when Mr. Durst’s very twisty story began in 1982 with the vanishing of his wife, Kathleen Durst, several months before she would have graduated from medical school. | At least some of the reporters covering the hearing had not yet been born when Mr. Durst’s very twisty story began in 1982 with the vanishing of his wife, Kathleen Durst, several months before she would have graduated from medical school. |
| Mr. Durst’s trial will most likely not take place until next year. But under California law, the prosecution can put witnesses on the stand who are 65 or older if there is a possibility the witness might not make it to trial, or if the witness is in potential danger. | Mr. Durst’s trial will most likely not take place until next year. But under California law, the prosecution can put witnesses on the stand who are 65 or older if there is a possibility the witness might not make it to trial, or if the witness is in potential danger. |
| John Lewin, the deputy district attorney handling the case, explained that the “mystery witness” needed protection because Mr. Durst “kills witnesses,” a description that brought objections from the defense. | John Lewin, the deputy district attorney handling the case, explained that the “mystery witness” needed protection because Mr. Durst “kills witnesses,” a description that brought objections from the defense. |
| Mr. Lewin may have a reason for obtaining testimony before the trial other than simply to preserve witness statements. He may be trying to send a message to Mr. Durst, who sat impassively in court listening to the proceeding over a pair of headphones: We’ve got you; give up. | Mr. Lewin may have a reason for obtaining testimony before the trial other than simply to preserve witness statements. He may be trying to send a message to Mr. Durst, who sat impassively in court listening to the proceeding over a pair of headphones: We’ve got you; give up. |
| The Dream Team is up against a prosecutor, and perhaps a less dreamy team of assistants, who has built a considerable reputation for winning cold cases. | The Dream Team is up against a prosecutor, and perhaps a less dreamy team of assistants, who has built a considerable reputation for winning cold cases. |
| Mr. Lewin is bringing a circumstantial case. There were no witnesses to the execution-style killing of Susan Berman, Mr. Durst’s close friend. Although Mr. Durst has never been charged with the murder of his first wife, and her body has not been found, Mr. Lewin has planned to describe how Mr. Durst killed her in 1982. | Mr. Lewin is bringing a circumstantial case. There were no witnesses to the execution-style killing of Susan Berman, Mr. Durst’s close friend. Although Mr. Durst has never been charged with the murder of his first wife, and her body has not been found, Mr. Lewin has planned to describe how Mr. Durst killed her in 1982. |
| Mr. Durst has been his own worst enemy in the case, having made a series of damaging statements in “The Jinx”; in a nearly three-hour interrogation by Mr. Lewin in New Orleans, after he was arrested on a Los Angeles murder warrant; and in conversations with his friends. | Mr. Durst has been his own worst enemy in the case, having made a series of damaging statements in “The Jinx”; in a nearly three-hour interrogation by Mr. Lewin in New Orleans, after he was arrested on a Los Angeles murder warrant; and in conversations with his friends. |
| It remains to be seen, however, how much of that material will be admitted in court. | It remains to be seen, however, how much of that material will be admitted in court. |
| The first witness last Tuesday was Albert Kuperman, an 85-year-old former dean of the medical school that Kathleen Durst attended between 1978 and 1982. Although he knew her only in passing, he described her as a diligent student. The crux of his testimony had to do with a telephone call to his office on Feb. 1, 1982, the day after Ms. Durst disappeared, from a woman who may or may not have been her. | The first witness last Tuesday was Albert Kuperman, an 85-year-old former dean of the medical school that Kathleen Durst attended between 1978 and 1982. Although he knew her only in passing, he described her as a diligent student. The crux of his testimony had to do with a telephone call to his office on Feb. 1, 1982, the day after Ms. Durst disappeared, from a woman who may or may not have been her. |
| Mr. Kuperman said he could not be sure who the caller was. Investigators have long suspected that Mr. Durst’s friend, Ms. Berman, made the call at his behest, after Ms. Durst was dead. | Mr. Kuperman said he could not be sure who the caller was. Investigators have long suspected that Mr. Durst’s friend, Ms. Berman, made the call at his behest, after Ms. Durst was dead. |
| The defense challenged Mr. Kuperman with his prior statements to investigators in 1982 and to the producers of “The Jinx,” in which he seemed far more certain that the caller was Ms. Durst. | The defense challenged Mr. Kuperman with his prior statements to investigators in 1982 and to the producers of “The Jinx,” in which he seemed far more certain that the caller was Ms. Durst. |
| Mr. Kuperman said that no one had ever asked him how often he had spoken to Ms. Durst or how well he might recognize her voice. | Mr. Kuperman said that no one had ever asked him how often he had spoken to Ms. Durst or how well he might recognize her voice. |
| I briefly became the story before testimony resumed on Wednesday. The court had to review a motion by the defense to sequester me from the trial. Mr. Chesnoff argued that I had “spent a career investigating Mr. Durst and circumstances surrounding Mr. Durst’s entanglements.” Indeed, I have been writing about Mr. Durst for a long time. | I briefly became the story before testimony resumed on Wednesday. The court had to review a motion by the defense to sequester me from the trial. Mr. Chesnoff argued that I had “spent a career investigating Mr. Durst and circumstances surrounding Mr. Durst’s entanglements.” Indeed, I have been writing about Mr. Durst for a long time. |
| During interviews with the prosecutor, Mr. Chesnoff said, the “mystery witness” claimed to be a friend of mine. | During interviews with the prosecutor, Mr. Chesnoff said, the “mystery witness” claimed to be a friend of mine. |
| The defense planned to call me as a witness in the hope that I would be able to impeach the mystery witness’s current testimony by referring to my interviews with the witness over the past 17 years. | The defense planned to call me as a witness in the hope that I would be able to impeach the mystery witness’s current testimony by referring to my interviews with the witness over the past 17 years. |
| “Mr. Bagli,” Mr. Chesnoff said, “is a lot more credible than the secret witness.” | “Mr. Bagli,” Mr. Chesnoff said, “is a lot more credible than the secret witness.” |
| A lawyer for The New York Times, Theodore M. Kider, said that sequestration would be a “dangerous and unprecedented” violation of the First Amendment. He said sequestering, in essence, would penalize a reporter for doing a good job. Besides, he added, California’s shield law would prevent the defense from calling a reporter as a witness. | A lawyer for The New York Times, Theodore M. Kider, said that sequestration would be a “dangerous and unprecedented” violation of the First Amendment. He said sequestering, in essence, would penalize a reporter for doing a good job. Besides, he added, California’s shield law would prevent the defense from calling a reporter as a witness. |
| Judge Mark E. Windham rejected the defense motion, and the hearings resumed. | Judge Mark E. Windham rejected the defense motion, and the hearings resumed. |
| Then came the “mystery witness”: Nick Chavin, a New York real estate advertising executive who was close to both Mr. Durst and Ms. Berman for many years. A half-dozen members of the SWAT team sat in the jury box during his testimony. | Then came the “mystery witness”: Nick Chavin, a New York real estate advertising executive who was close to both Mr. Durst and Ms. Berman for many years. A half-dozen members of the SWAT team sat in the jury box during his testimony. |
| Mr. Chavin offered two striking stories. After Kathleen Durst vanished, he said, Ms. Berman told him on several occasions that “Bobby” had killed his wife. She said that nothing could be done about “Kathie” but that they had a duty to protect “Bobby.” | Mr. Chavin offered two striking stories. After Kathleen Durst vanished, he said, Ms. Berman told him on several occasions that “Bobby” had killed his wife. She said that nothing could be done about “Kathie” but that they had a duty to protect “Bobby.” |
| Mr. Chavin initially testified that he did not believe her. Ms. Berman, he said, was a “liar” and had a penchant for the dramatic. | Mr. Chavin initially testified that he did not believe her. Ms. Berman, he said, was a “liar” and had a penchant for the dramatic. |
| It was a story he told me in 2000 and for years afterward. | It was a story he told me in 2000 and for years afterward. |
| But his view of his longtime friend changed, Mr. Chavin said, after he went to dinner in Manhattan with Mr. Durst. Mr. Chavin testified that as the two men parted that night, Mr. Durst said: “I had to. It was her or me; I had no choice.” | But his view of his longtime friend changed, Mr. Chavin said, after he went to dinner in Manhattan with Mr. Durst. Mr. Chavin testified that as the two men parted that night, Mr. Durst said: “I had to. It was her or me; I had no choice.” |
| Mr. Chavin then described a seven-month period in 2015 of torment as Mr. Lewin, the prosecutor, sought his cooperation. He said he was torn between his loyalty to his friend and a desire to honor the memory of his other best friend, Ms. Berman. | Mr. Chavin then described a seven-month period in 2015 of torment as Mr. Lewin, the prosecutor, sought his cooperation. He said he was torn between his loyalty to his friend and a desire to honor the memory of his other best friend, Ms. Berman. |
| The defense peppered Mr. Chavin with questions, suggesting that he had made up the story about Mr. Durst’s confession. | The defense peppered Mr. Chavin with questions, suggesting that he had made up the story about Mr. Durst’s confession. |