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Which one of those
pictures is Kathie?
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Kathie? Oh.
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This is Kathie.
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Jim McCormack: Hey, Mom? I don't
remember seeing this picture,
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- like, for the life of me.
- Oh, I have pictures laying all over the place.
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I'm looking at Kathie
in this picture,
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and she was so elegant
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00:00:43,835 --> 00:00:46,254
- to look at that here.
- Oh, well, you can have it.
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Well, they all miss her.
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That was sad.
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Very sad.
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Okay?
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Jim McCormack: We want
closure on her disappearance.
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00:01:09,527 --> 00:01:11,404
We could finally have
a memorial service
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'cause we held off on doing
a memorial service for Kathie
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because it's almost
like giving up.
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We have got to have the
patience to see it through.
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We're not gonna be judge,
jury, and executioner.
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That's somebody else's
job. But, um, life...
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life'll go on for everybody
at that point in time.
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reporter : So how do
you take a case that is like...
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00:01:38,223 --> 00:01:39,933
it's the murder of Susan Berman,
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but everything dates back
really to the disappearance
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of Kathie Durst. We're
talking almost 40 years.
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All these years,
Jim was obsessive.
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It got difficult for me,
27
00:01:49,484 --> 00:01:51,084
but even my family
and friends were like,
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00:01:51,152 --> 00:01:52,570
"What he's doing
is the right thing.
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00:01:52,612 --> 00:01:56,241
He's pursuing
justice for Kathie."
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00:01:56,324 --> 00:01:59,536
Jim McCormack: Emotionally,
I'm here really for her,
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and for my mom,
God rest her soul.
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00:02:02,831 --> 00:02:06,292
We've waited all these
years for justice.
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00:02:06,835 --> 00:02:10,338
Newscaster : We have some breaking
news in the Jinx murder trial.
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00:02:10,422 --> 00:02:13,842
Defendant Robert Durst
will take the stand
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00:02:13,925 --> 00:02:16,052
in his own defense.
36
00:02:16,094 --> 00:02:18,596
This isn't the first time
he's been on trial for murder.
37
00:02:18,680 --> 00:02:21,099
We know the last one
ended in an acquittal.
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00:02:21,141 --> 00:02:23,143
I'm still shaking
my head on that one.
39
00:02:23,768 --> 00:02:26,187
Susan Criss : We the
jury find the defendant,
40
00:02:26,271 --> 00:02:28,940
Robert Durst, not guilty.
41
00:02:30,066 --> 00:02:31,609
Jim McCormack:
I still remember
42
00:02:31,693 --> 00:02:33,778
the verdict down in Galveston.
43
00:02:33,862 --> 00:02:36,281
I couldn't breathe for
about a minute and a half.
44
00:02:36,364 --> 00:02:40,118
It was like... it was stunning.
45
00:02:40,201 --> 00:02:42,162
Absolutely stunning.
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00:02:46,291 --> 00:02:49,878
You know, I have faith,
but faith doesn't always,
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00:02:49,961 --> 00:02:52,714
deliver justice.
48
00:02:56,718 --> 00:02:58,970
♪ Well, you just
think that I'm ♪
49
00:03:01,473 --> 00:03:03,516
♪ Some great survivor ♪
50
00:03:06,561 --> 00:03:08,438
♪ And you just build upon ♪
51
00:03:11,191 --> 00:03:13,777
♪ The light to carry you ♪
52
00:03:16,654 --> 00:03:19,115
♪ Well, I don't
even talk that way ♪
53
00:03:19,157 --> 00:03:21,284
♪ See, I wanted you to stay ♪
54
00:03:21,326 --> 00:03:23,620
♪ And show you the
world's a better place ♪
55
00:03:26,331 --> 00:03:28,333
♪ And as we crawl
to find our way ♪
56
00:03:28,375 --> 00:03:32,337
♪ We even take the shape
of something else ♪
57
00:03:35,840 --> 00:03:38,385
♪ You think that I'm just ♪
58
00:03:40,553 --> 00:03:43,348
♪ Some great survivor ♪
59
00:03:45,517 --> 00:03:48,687
♪ You think that I'm just ♪
60
00:03:50,397 --> 00:03:52,899
♪ Some great survivor ♪
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00:03:55,944 --> 00:03:59,614
♪ I'm afraid that the
weight of the world ♪
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00:03:59,698 --> 00:04:02,283
♪ Is catching up with you ♪
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00:04:26,057 --> 00:04:28,560
John Lewin: Bob is gonna
testify in this case.
64
00:04:29,352 --> 00:04:31,312
And the reason Bob is
gonna testify in this case
65
00:04:31,396 --> 00:04:34,524
is because it worked
for him last time.
66
00:04:35,900 --> 00:04:40,071
Bob made a fine witness in
his own behalf in Galveston
67
00:04:40,739 --> 00:04:44,659
and the prosecutors there
did not know what was coming.
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00:04:49,289 --> 00:04:51,249
Ethan Milius: When
they stipulated to Bob
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00:04:51,291 --> 00:04:53,418
having written the Cadaver Note,
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00:04:53,460 --> 00:04:56,421
he has to testify. How
else is he gonna explain
71
00:04:56,504 --> 00:04:57,630
that he wrote the letter
72
00:04:57,714 --> 00:04:59,274
and the circumstance
of why is she dead?
73
00:05:01,134 --> 00:05:02,886
Like, how did that happen?
74
00:05:04,596 --> 00:05:07,766
Charles Bagli: How is he
gonna knit this all together
75
00:05:07,849 --> 00:05:11,478
without making himself
the perpetrator?
76
00:05:13,480 --> 00:05:15,565
Bailiff: Please raise
your right hand.
77
00:05:18,068 --> 00:05:20,487
Do you solemnly state that
the testimony you may give
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00:05:20,570 --> 00:05:22,614
in the cause now pending
before this court
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00:05:22,697 --> 00:05:24,616
shall be the truth,
the whole truth,
80
00:05:24,699 --> 00:05:27,118
and nothing but the
truth, so help you God?
81
00:05:27,202 --> 00:05:29,079
Robert Durst: Yes, I do.
82
00:05:31,623 --> 00:05:34,459
Dick DeGuerin:
Bob, do you realize
83
00:05:34,542 --> 00:05:38,588
you have an absolute
right not to testify?
84
00:05:43,385 --> 00:05:45,553
DeGuerin: Did you
kill Susan Berman?
85
00:05:45,637 --> 00:05:46,971
No.
86
00:05:47,055 --> 00:05:48,640
DeGuerin: Do you know who did?
87
00:05:48,723 --> 00:05:50,600
No, I do not.
88
00:05:51,976 --> 00:05:54,354
DeGuerin: It's
important for the jury
89
00:05:54,437 --> 00:05:57,816
to be able to identify with
a defendant in some way,
90
00:05:57,899 --> 00:06:00,485
whether it's sympathy,
empathy, or...
91
00:06:01,319 --> 00:06:03,571
simply believing the story.
92
00:06:05,198 --> 00:06:06,533
We had one goal
93
00:06:06,616 --> 00:06:08,952
and that was telling
the whole story.
94
00:06:10,995 --> 00:06:12,580
I wanna first ask you
95
00:06:12,664 --> 00:06:16,042
about some of your
health problems.
96
00:06:16,126 --> 00:06:17,419
Are you able to hear me
97
00:06:17,502 --> 00:06:20,839
without using that
screen in front of you?
98
00:06:25,552 --> 00:06:27,029
Carlos Leal: You're
looking at this old guy,
99
00:06:27,053 --> 00:06:30,432
going, "Wow, could he
really have done this?"
100
00:06:30,515 --> 00:06:32,392
You just don't know.
101
00:06:34,269 --> 00:06:37,397
DeGuerin: I wanna start
with talking about
102
00:06:37,480 --> 00:06:39,190
when you were a child.
103
00:06:39,524 --> 00:06:42,569
Who, among your
family, did you favor,
104
00:06:42,652 --> 00:06:46,865
and who among your family did
your brother Douglas favor?
105
00:07:32,744 --> 00:07:35,080
Bagli: Bob was
the oldest of four
106
00:07:35,121 --> 00:07:37,999
and I think, to some degree,
107
00:07:38,082 --> 00:07:39,959
he resented his siblings.
108
00:07:41,920 --> 00:07:44,464
His hatred for his
brother Douglas
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00:07:44,547 --> 00:07:47,258
goes back to when
they were children.
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00:07:47,300 --> 00:07:49,552
Really small children.
111
00:07:51,262 --> 00:07:55,350
And it's clear that he
really cherished his mother.
112
00:07:59,187 --> 00:08:03,483
DeGuerin: How old were
you when your mother died?
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00:08:03,566 --> 00:08:07,112
Durst: I was 7 years
old when my mother died.
114
00:08:10,115 --> 00:08:14,577
I looked out the window, and
there was Mommy on the roof.
115
00:08:18,206 --> 00:08:21,876
She either jumped or fell
116
00:08:22,419 --> 00:08:25,630
from the roof of our home.
117
00:08:31,344 --> 00:08:32,761
DeGuerin: I think
it is important
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00:08:32,804 --> 00:08:35,682
in anybody understanding Bob
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00:08:35,765 --> 00:08:38,601
to know what he
had been through.
120
00:08:39,852 --> 00:08:44,107
And the fact is that
he saw his mother die.
121
00:08:47,444 --> 00:08:49,654
Were you there
when that happened?
122
00:08:50,613 --> 00:08:53,033
I saw my mother
on the driveway...
123
00:08:54,492 --> 00:08:56,202
in her nightgown.
124
00:08:58,913 --> 00:09:01,750
They say she died instantly.
125
00:09:04,711 --> 00:09:07,297
David Chesnoff: This isn't
like Bob woke up one day
126
00:09:07,339 --> 00:09:09,507
and decided to be the Bob he is.
127
00:09:09,591 --> 00:09:12,469
Just like you and me,
we're all the product of
128
00:09:12,510 --> 00:09:15,138
what led us to a point in time.
129
00:09:15,180 --> 00:09:16,765
And he had a lot of things
130
00:09:16,848 --> 00:09:20,769
that led him to
be the way he is.
131
00:09:29,194 --> 00:09:32,530
DeGuerin: I'm gonna change
subjects with you, Bob.
132
00:09:32,614 --> 00:09:35,367
When you first met Susan Berman,
133
00:09:35,408 --> 00:09:39,245
- did you and she hit it off?
- Yes.
134
00:09:39,954 --> 00:09:43,667
DeGuerin: What did you find
in common with you and Susan?
135
00:10:08,233 --> 00:10:11,444
Carmen Kletecka: He has
a way of drawing you in
136
00:10:11,528 --> 00:10:14,280
like the way a
child draws you in.
137
00:10:14,364 --> 00:10:17,200
Something about him just
sort of makes you wanna...
138
00:10:18,076 --> 00:10:19,244
help him.
139
00:10:20,954 --> 00:10:23,182
Milius: He takes the stand, and
I'm thinking to myself, like,
140
00:10:23,206 --> 00:10:24,916
"This might actually
be a problem
141
00:10:25,000 --> 00:10:26,751
because he's compelling."
142
00:10:26,793 --> 00:10:28,586
I can see people going,
143
00:10:28,628 --> 00:10:30,338
"I actually like this guy."
144
00:10:30,422 --> 00:10:31,923
And that, like,
145
00:10:31,965 --> 00:10:34,175
shifts the sympathy towards him.
146
00:10:36,136 --> 00:10:38,930
Hon. Mark Windham: We're
all complex people,
147
00:10:38,972 --> 00:10:42,267
and I think that that's what
Mr. Durst tried to share
148
00:10:42,308 --> 00:10:45,020
and his lawyers tried
to share about him.
149
00:10:45,103 --> 00:10:48,398
And I felt that the
defense was really good
150
00:10:48,440 --> 00:10:52,068
at getting at the
emotion of a case.
151
00:10:53,153 --> 00:10:56,406
Really good defense
lawyers can mine that
152
00:10:57,032 --> 00:11:00,660
and, in the right
circumstances, can succeed.
153
00:11:03,079 --> 00:11:05,665
Operator : Hello.
This is a prepaid call from...
154
00:11:05,749 --> 00:11:07,208
Durst : Bob!
155
00:11:07,292 --> 00:11:09,372
- Debrah Lee Charatan : Hi.
- Durst: Debbie?
156
00:11:09,419 --> 00:11:10,962
Charatan: How did it go today?
157
00:11:11,004 --> 00:11:13,590
Durst: I'm not 100% sure.
158
00:11:13,631 --> 00:11:15,800
I think we did pretty good.
159
00:11:15,884 --> 00:11:17,510
Charatan: Okay, that's great.
160
00:11:18,219 --> 00:11:20,889
Durst: How about
coming to visit me?
161
00:11:21,306 --> 00:11:22,724
Charatan: Um...
162
00:11:23,099 --> 00:11:25,685
Well, you know, I don't know.
163
00:11:44,871 --> 00:11:47,207
Windham: Ordinarily,
a spouse is present
164
00:11:47,290 --> 00:11:50,835
when their spouse
is, is, is on trial.
165
00:11:51,878 --> 00:11:55,215
We would've provided
a seat for her
166
00:11:56,341 --> 00:12:00,720
but she had not been present
for any of the proceedings.
167
00:12:02,889 --> 00:12:06,142
Bagli: Debbie made it
clear that she did not want
168
00:12:06,184 --> 00:12:07,977
her name mentioned
169
00:12:08,019 --> 00:12:11,356
if she could do
anything to avoid it.
170
00:12:13,191 --> 00:12:16,403
So she was monitoring
the trial from afar,
171
00:12:17,654 --> 00:12:19,531
and she was doing so through
172
00:12:19,572 --> 00:12:21,366
the presence of her own lawyer,
173
00:12:21,449 --> 00:12:25,078
who attended the trial
every day for months
174
00:12:25,161 --> 00:12:27,997
and was keeping an
eye on everything.
175
00:12:34,629 --> 00:12:37,316
- He's in the fucking show, Charlie. Just...
- I know! Let him be in there!
176
00:12:37,340 --> 00:12:40,385
I don't wanna be the one
that mentions his name!
177
00:13:07,954 --> 00:13:10,874
Windham: You may resume
your direct examination
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00:13:10,915 --> 00:13:13,626
of Mr. Durst, the defendant.
179
00:13:13,710 --> 00:13:15,920
DeGuerin: So now,
I wanna talk about
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00:13:16,963 --> 00:13:19,341
the fall of 2000.
181
00:13:19,424 --> 00:13:21,634
Had you made plans
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00:13:21,718 --> 00:13:24,346
to spend Christmas
with Susan Berman?
183
00:13:25,430 --> 00:13:26,806
Yeah.
184
00:14:00,298 --> 00:14:03,176
DeGuerin: What route did
you take from San Francisco?
185
00:14:06,930 --> 00:14:09,015
DeGuerin: And your
intent was to do what?
186
00:14:14,813 --> 00:14:16,815
DeGuerin: As you got
to Benedict Canyon,
187
00:14:16,856 --> 00:14:19,484
what did you first see?
188
00:14:34,624 --> 00:14:37,585
And I knocked a few times.
189
00:14:40,338 --> 00:14:42,924
DeGuerin: Did you have
a key to her front door?
190
00:15:43,026 --> 00:15:46,363
DeGuerin: Did you see what the
liquid was that her head was in?
191
00:15:52,535 --> 00:15:54,996
DeGuerin: What was going through
your mind? What did you think?
192
00:16:05,131 --> 00:16:07,967
John Okanishi: When Bob
Durst took the stand,
193
00:16:08,051 --> 00:16:11,513
he talked with such sincerity
that I believed him.
194
00:16:13,765 --> 00:16:16,976
I thought, "I get the feeling
he's telling the truth.
195
00:16:17,060 --> 00:16:19,437
He's going into so much detail."
196
00:16:20,730 --> 00:16:22,691
He did have credibility.
197
00:16:24,150 --> 00:16:26,194
DeGuerin: And then what
happened from there?
198
00:16:35,453 --> 00:16:37,706
DeGuerin: What did you
put on the envelope?
199
00:16:43,211 --> 00:16:45,463
DeGuerin: And on the
inside, on the note?
200
00:16:49,592 --> 00:16:52,721
DeGuerin: Did you lie
about it for years?
201
00:16:54,472 --> 00:16:56,141
DeGuerin: Why?
202
00:17:27,422 --> 00:17:29,442
newscaster: Slow and methodical
seems to be how Durst
203
00:17:29,466 --> 00:17:31,926
is telling his
side of the story.
204
00:17:32,010 --> 00:17:33,487
And it seems that in
the past, he's been,
205
00:17:33,511 --> 00:17:35,263
I don't know, somewhat
charismatic enough
206
00:17:35,347 --> 00:17:37,307
to turn at least just one juror.
207
00:17:41,728 --> 00:17:44,022
DeGuerin: I thought
on direct examination,
208
00:17:44,064 --> 00:17:45,607
Bob did quite well.
209
00:17:46,024 --> 00:17:47,942
He knew what the
questions would be.
210
00:17:48,026 --> 00:17:49,903
He knew what his
answers were gonna be.
211
00:17:49,986 --> 00:17:53,281
They were basically softballs
212
00:17:53,365 --> 00:17:56,368
that I pitched to him to hit.
213
00:17:56,409 --> 00:17:59,329
But, of course, on
cross-examination,
214
00:17:59,371 --> 00:18:03,500
Lewin would have the
chance to question Bob.
215
00:18:03,541 --> 00:18:06,294
John Lewin: Okay, so
go ahead and call me...
216
00:18:08,171 --> 00:18:10,715
Working on Bob's
cross-examination plan,
217
00:18:10,757 --> 00:18:14,636
I thought, "How do I
kind of guide and steer
218
00:18:14,719 --> 00:18:17,889
this trial and his testimony
where I want it to go?"
219
00:18:21,309 --> 00:18:24,312
As I prepare, it's
just me and the boys
220
00:18:24,396 --> 00:18:27,023
on the bed, getting
ready for trial.
221
00:18:27,816 --> 00:18:30,777
Eugene Miyata: John was
working on the cross plan.
222
00:18:30,860 --> 00:18:33,446
At various points, he did share
with us what was going on,
223
00:18:33,530 --> 00:18:37,283
and we had input on, on
certain things. But, um,
224
00:18:37,367 --> 00:18:40,245
you know, for the most part,
that was, that was his baby.
225
00:18:40,286 --> 00:18:43,915
This is a prosecutor who
knows his case inside out.
226
00:18:43,998 --> 00:18:46,084
This is a prosecutor
227
00:18:46,167 --> 00:18:49,629
who is living to win
this case right now.
228
00:18:50,588 --> 00:18:53,341
Lewin: I have a
300-page document
229
00:18:53,425 --> 00:18:56,302
of all of Bob's lies.
230
00:18:56,386 --> 00:18:59,014
And during my
cross-examination of Bob,
231
00:18:59,097 --> 00:19:01,099
there's a theme of
what I want to do.
232
00:19:03,810 --> 00:19:07,397
I wanna confront Bob on
all of his statements
233
00:19:07,439 --> 00:19:09,274
and let the jury
see for themselves
234
00:19:09,357 --> 00:19:12,193
that Bob is a pathological liar.
235
00:19:14,446 --> 00:19:16,489
Bagli: It's the
heavyweight bout.
236
00:19:16,573 --> 00:19:18,742
John Lewin, the prosecutor,
237
00:19:18,783 --> 00:19:22,287
versus Bob Durst, the defendant.
238
00:19:22,328 --> 00:19:25,957
The question is,
can Bob stand up to
239
00:19:26,041 --> 00:19:27,625
what is clearly gonna be
240
00:19:27,709 --> 00:19:31,463
a withering cross-examination
by this prosecutor?
241
00:20:04,788 --> 00:20:08,416
Newscaster: When John Lewin gets
a chance to cross Robert Durst,
242
00:20:08,500 --> 00:20:11,544
I can't even imagine
how this is gonna go.
243
00:20:11,628 --> 00:20:13,421
Because, I mean, John Lewin...
244
00:20:20,303 --> 00:20:22,555
Windham: Okay.
245
00:20:38,738 --> 00:20:41,866
Lewin: So, Mr. Durst,
Mr. DeGuerin called you "Bob."
246
00:20:41,950 --> 00:20:44,536
So, you tell me, how do you
want me to refer to you?
247
00:20:44,619 --> 00:20:47,247
I'm comfortable doing it
however you want to do it.
248
00:20:47,330 --> 00:20:48,432
Do you want me to
call you "Bob"?
249
00:20:48,456 --> 00:20:49,892
Do you want me to
call you "Mr. Durst"?
250
00:20:49,916 --> 00:20:51,543
What would you prefer?
251
00:20:53,878 --> 00:20:56,506
I thought he was gonna
be on his best behavior,
252
00:20:56,548 --> 00:21:00,677
and he came off incredibly
aggressive right off the top.
253
00:21:01,052 --> 00:21:04,305
Lewin: Okay, I'll
call you "sir."
254
00:21:04,389 --> 00:21:06,891
Alright, sir. So, first
of all, how do you...
255
00:21:06,975 --> 00:21:08,518
I wanted to make sure
256
00:21:08,560 --> 00:21:10,979
that the first
thing I hit him on
257
00:21:11,062 --> 00:21:14,941
had to do with the area that
I was most vulnerable on.
258
00:21:16,359 --> 00:21:20,572
Bob lost his mom at age 7.
259
00:21:21,990 --> 00:21:24,701
And that's a fact.
260
00:21:24,743 --> 00:21:29,247
That's not a lie.
That's not made up.
261
00:21:29,330 --> 00:21:32,500
Are there jurors who
are basically gonna go,
262
00:21:33,084 --> 00:21:36,504
"Yeah, Bob killed three people.
263
00:21:36,588 --> 00:21:37,839
"But you know what?
264
00:21:38,089 --> 00:21:40,759
"It all started with his mom,
265
00:21:40,800 --> 00:21:42,635
and it's very sad."
266
00:21:43,636 --> 00:21:45,472
When you think
about these memories
267
00:21:45,555 --> 00:21:49,309
of the four of you playing
UNO, throwing the Frisbee,
268
00:21:49,392 --> 00:21:52,562
are those painful or are
those happy memories for you?
269
00:21:54,147 --> 00:21:55,982
Happy memories.
270
00:21:56,066 --> 00:21:58,777
Lewin: You could probably
close your eyes right now,
271
00:21:58,818 --> 00:22:01,780
and you could literally
see the four of you
272
00:22:02,405 --> 00:22:04,282
playing UNO,
273
00:22:04,366 --> 00:22:06,659
throwing the Frisbee.
274
00:22:07,285 --> 00:22:09,454
Is that accurate?
275
00:22:10,663 --> 00:22:12,123
Yes.
276
00:22:14,084 --> 00:22:18,296
And he's lying his ass off.
277
00:22:18,338 --> 00:22:20,298
It's not true.
278
00:22:20,382 --> 00:22:23,301
Lewin: Your mom died in 1950.
279
00:22:23,343 --> 00:22:26,388
- Is that correct?
- Correct.
280
00:22:26,763 --> 00:22:28,431
Lewin: Mr. Durst, if
I were to tell you
281
00:22:28,473 --> 00:22:32,811
that the Frisbee was not
invented until 1957...
282
00:22:37,899 --> 00:22:39,943
seven years after your mom died,
283
00:22:39,984 --> 00:22:42,153
what would be your response?
284
00:22:42,195 --> 00:22:43,822
I don't know.
285
00:22:45,281 --> 00:22:48,493
Lewin: Would it surprise you to
find out that the game of UNO
286
00:22:48,535 --> 00:22:51,788
was not invented until 1971?
287
00:22:53,748 --> 00:22:56,167
Durst: It would
surprise me, yes.
288
00:22:57,836 --> 00:23:00,630
Lewin: Well, I want you
to assume for a moment
289
00:23:00,672 --> 00:23:03,341
that the Frisbee was
not invented until 1957
290
00:23:03,383 --> 00:23:06,845
and that UNO was not
invented until 1971.
291
00:23:06,886 --> 00:23:09,347
If that were true,
you would agree
292
00:23:09,431 --> 00:23:11,683
that these memories
that you've described,
293
00:23:11,725 --> 00:23:13,643
these emotional memories,
294
00:23:13,685 --> 00:23:16,104
cannot be accurate.
Is that correct?
295
00:23:19,858 --> 00:23:21,234
Correct.
296
00:23:26,781 --> 00:23:28,867
Within the first day, you know,
297
00:23:28,908 --> 00:23:31,077
John Lewin's already
getting him on lies.
298
00:23:32,328 --> 00:23:34,706
And that was such a
small detail, right?
299
00:23:34,748 --> 00:23:37,459
And I'm thinking, "If John
Lewin's going to get him
300
00:23:37,542 --> 00:23:39,669
"on this small of a detail,
301
00:23:39,711 --> 00:23:42,547
Bob is gonna be up
there for a while."
302
00:23:43,798 --> 00:23:47,594
Lewin: Alright, let's talk about
some other areas of untruthfulness.
303
00:23:47,677 --> 00:23:49,554
You're used to, in your world,
304
00:23:49,596 --> 00:23:51,681
saying whatever you wanna say,
305
00:23:51,723 --> 00:23:53,892
and nobody really questions it.
306
00:23:53,933 --> 00:23:57,020
You said that you were
not used to people
307
00:23:57,062 --> 00:23:58,855
questioning your veracity.
308
00:23:58,897 --> 00:24:00,732
Can you explain what
you mean by that?
309
00:24:14,245 --> 00:24:17,499
He was pretty funny at
times on the witness stand.
310
00:24:17,582 --> 00:24:19,793
He has a sharp sense of humor.
311
00:24:19,876 --> 00:24:22,170
You know, he knew how
to return the volley.
312
00:24:24,089 --> 00:24:26,383
Lewin: You're smiling
again, and I just wanna ask
313
00:24:26,424 --> 00:24:28,885
why you're grinning right now.
314
00:24:28,968 --> 00:24:31,471
'Cause this is funny.
315
00:24:31,554 --> 00:24:33,890
Lewin: What is...
What's funny about it?
316
00:24:33,932 --> 00:24:38,144
You're asking me the
same question 15 times.
317
00:24:40,146 --> 00:24:43,441
Windham: It's a peculiar
thing about criminal court.
318
00:24:43,525 --> 00:24:45,360
You're dealing with
319
00:24:45,443 --> 00:24:49,656
such tremendous
suffering and horror,
320
00:24:50,115 --> 00:24:51,449
and yet,
321
00:24:51,533 --> 00:24:55,036
you have the whole
of human experience
322
00:24:55,120 --> 00:24:56,538
in that courtroom.
323
00:24:57,580 --> 00:24:59,791
And there are humorous moments.
324
00:25:00,709 --> 00:25:02,711
I mean, there's levity.
325
00:25:02,794 --> 00:25:04,105
David Belcher: You
wanna talk about, like,
326
00:25:04,129 --> 00:25:06,339
sort of a show-stopping
moment in the trial?
327
00:25:06,423 --> 00:25:08,383
John's, like, asking a question,
328
00:25:08,425 --> 00:25:11,761
and Bob has this tablet
to help him read.
329
00:25:11,803 --> 00:25:13,805
And so, he's reading
the question,
330
00:25:13,888 --> 00:25:17,225
and John's question was a
little bit too long, and so...
331
00:25:17,308 --> 00:25:19,811
- A lot too long.
- A lot too long.
332
00:25:20,437 --> 00:25:23,148
I think I need to
congratulate you.
333
00:25:23,189 --> 00:25:26,317
You have just broken
your personal record.
334
00:25:26,401 --> 00:25:29,571
You filled up 18
lines on my tablet.
335
00:25:32,157 --> 00:25:34,951
Lewin: And I wanna congratulate
you. You've set the perjury record.
336
00:25:34,993 --> 00:25:36,953
DeGuerin: Objection,
Your Honor.
337
00:25:36,995 --> 00:25:40,474
- Chesnoff: I'm moving for a...
- DeGuerin: Judge, you cannot let him get away with that.
338
00:25:40,498 --> 00:25:43,043
Chesnoff: I have a
motion, Your Honor.
339
00:25:43,835 --> 00:25:46,338
Okanishi: At some
points during the trial,
340
00:25:46,421 --> 00:25:49,341
I actually felt kinda bad
341
00:25:49,424 --> 00:25:51,885
for the defense lawyers.
342
00:25:51,968 --> 00:25:55,055
Mr. DeGuerin would
stand up and object...
343
00:25:55,138 --> 00:25:56,514
Windham: Overruled!
344
00:25:56,556 --> 00:25:58,516
Okanishi: again and
again and again.
345
00:25:58,558 --> 00:26:00,518
He almost seemed like
a jack-in-the-box.
346
00:26:00,602 --> 00:26:02,645
Lewin: Have you ever
used those responses...
347
00:26:12,030 --> 00:26:13,490
Bagli: They didn't understand
348
00:26:13,531 --> 00:26:16,576
the peculiarities
of California law.
349
00:26:17,285 --> 00:26:20,955
DeGuerin: I found that
requiring a citation
350
00:26:21,039 --> 00:26:24,709
to a particular
statute number was...
351
00:26:25,627 --> 00:26:27,545
vexing, at first.
352
00:26:40,975 --> 00:26:42,977
Lewin: Alright, let's move on.
353
00:26:43,770 --> 00:26:46,398
Let's talk about Nick
Chavin for a moment.
354
00:26:46,940 --> 00:26:49,100
You agree that at the
time Kathie disappeared...
355
00:26:49,150 --> 00:26:51,861
Nick Chavin: I was
eager to watch the trial
356
00:26:51,903 --> 00:26:54,781
for two reasons.
I wanted to hear
357
00:26:54,864 --> 00:26:56,449
what Bob was saying in general,
358
00:26:56,533 --> 00:26:58,368
and also specifically about me.
359
00:26:59,869 --> 00:27:01,180
Lewin: Would you
agree, Mr. Durst,
360
00:27:01,204 --> 00:27:02,872
that the fact that
one of the two people
361
00:27:02,914 --> 00:27:05,875
that you've said is one
of your best friends
362
00:27:05,917 --> 00:27:09,212
has come into court
and has provided
363
00:27:09,254 --> 00:27:11,756
extremely damaging evidence
364
00:27:11,798 --> 00:27:14,092
in this case against
you? Would you agree?
365
00:27:20,140 --> 00:27:21,766
Come on.
366
00:27:21,808 --> 00:27:23,518
Lewin : Then
why did you say that?
367
00:27:26,730 --> 00:27:28,773
I feel pretty good about...
368
00:27:28,857 --> 00:27:31,693
Either way, whether
he's convicted or not.
369
00:27:32,736 --> 00:27:35,989
That's a lousy thought to have.
370
00:27:36,072 --> 00:27:37,741
Nick couldn't get to that point,
371
00:27:37,782 --> 00:27:40,618
to think that this person
is capable of this.
372
00:27:40,660 --> 00:27:43,246
He even testified against Bob,
373
00:27:43,288 --> 00:27:45,123
and he's still conflicted.
374
00:27:45,165 --> 00:27:48,043
He didn't wanna let his
brain go to that point
375
00:27:48,126 --> 00:27:50,962
to understand that
because it's...
376
00:27:51,880 --> 00:27:53,965
It just destroys you, I think.
377
00:27:54,632 --> 00:27:56,009
Lewin: Would you
agree, Mr. Durst,
378
00:27:56,092 --> 00:27:59,137
that if Nick Chavin's statement
about you confessing to him
379
00:27:59,179 --> 00:28:01,973
is believed, that
that demonstrates
380
00:28:02,057 --> 00:28:04,309
that you killed Susan Berman?
381
00:28:24,245 --> 00:28:27,040
Lewin: Alright, let's
talk about Susan Berman.
382
00:28:27,665 --> 00:28:31,169
You agree that Susan Berman was
your closest friend, correct?
383
00:28:36,007 --> 00:28:39,719
Lewin: Mr. Durst, you stipulated
that you wrote the Cadaver Note,
384
00:28:39,803 --> 00:28:41,930
and you agree that
once you stipulated
385
00:28:42,013 --> 00:28:45,016
that meant, by necessity,
386
00:28:45,100 --> 00:28:48,895
that you had found Susan's
dead body, correct?
387
00:28:50,563 --> 00:28:51,690
Lewin: And it also meant
388
00:28:51,731 --> 00:28:53,167
that you needed to
be able to explain
389
00:28:53,191 --> 00:28:55,985
why it was you found yourself
390
00:28:56,027 --> 00:28:59,739
at Susan's house,
with her dead body,
391
00:28:59,823 --> 00:29:02,367
when you weren't
the killer. Correct?
392
00:29:04,077 --> 00:29:06,287
George Shamlyan: When
Robert Durst took the stand,
393
00:29:06,371 --> 00:29:10,375
he was trying to tell a
story which fit the evidence.
394
00:29:10,709 --> 00:29:13,044
Coming here and
having staycation
395
00:29:13,086 --> 00:29:14,963
with Susan Berman on those days,
396
00:29:15,046 --> 00:29:17,549
and finding her body
397
00:29:17,632 --> 00:29:19,968
and writing the Cadaver Note.
398
00:29:20,051 --> 00:29:22,887
Lewin: Bob has a very
elaborate explanation
399
00:29:22,929 --> 00:29:25,432
for what happened with
Susan. And, of course,
400
00:29:25,515 --> 00:29:29,436
everything that he said is
bullshit about staycations
401
00:29:29,519 --> 00:29:31,563
and how he found Susan's body.
402
00:29:32,814 --> 00:29:36,234
But I need to conclusively prove
403
00:29:36,276 --> 00:29:37,902
Bob is lying.
404
00:29:39,654 --> 00:29:41,698
Tim Henderson: There's so
much evidence in this case
405
00:29:41,740 --> 00:29:43,783
and some of it
became more relevant
406
00:29:43,867 --> 00:29:46,661
after Bob chose to
get on the stand.
407
00:29:46,745 --> 00:29:48,913
Shamlyan: As he
was testifying,
408
00:29:48,955 --> 00:29:51,249
we remembered about
the day planner
409
00:29:51,291 --> 00:29:53,752
that was recovered from
Susan Berman's house.
410
00:29:54,502 --> 00:29:56,713
Henderson: A detective
goes down to evidence.
411
00:29:56,755 --> 00:29:57,839
He grabs the day planner,
412
00:29:57,922 --> 00:29:59,108
brings it to court the next day.
413
00:29:59,132 --> 00:30:01,426
We're literally in
the back hallway,
414
00:30:01,468 --> 00:30:04,888
and we're going through the
day planner page by page.
415
00:30:04,929 --> 00:30:08,099
Miyata: Originally, our
tactic was gonna be,
416
00:30:08,183 --> 00:30:11,227
let's look at it
over the lunch hour.
417
00:30:11,269 --> 00:30:13,772
We can figure out how
we're gonna do this.
418
00:30:13,813 --> 00:30:16,566
And then, that turned
into John saying,
419
00:30:16,608 --> 00:30:18,234
"Gimme the planner!" Right?
420
00:30:18,276 --> 00:30:20,695
"Because I wanna
question Bob about this."
421
00:30:21,404 --> 00:30:25,617
Lewin: Alright, sir. We're gonna
show you Susan's day planner.
422
00:30:27,911 --> 00:30:31,581
You recognize this to be
Susan's handwriting, correct?
423
00:30:36,086 --> 00:30:39,964
Henderson: Susan wrote every
single thing she was gonna do.
424
00:30:40,006 --> 00:30:42,467
She would even write
things, cross them out,
425
00:30:42,509 --> 00:30:44,429
cover it up with a Post-it,
and write new things.
426
00:30:44,469 --> 00:30:47,681
She was meticulous with
what she was gonna do
427
00:30:47,764 --> 00:30:49,474
the week she was killed,
428
00:30:49,516 --> 00:30:51,643
and none of them were to have
429
00:30:51,726 --> 00:30:53,520
a staycation with Bob.
430
00:30:54,104 --> 00:30:56,147
Habib Balian: From the
day planner on this page,
431
00:30:56,189 --> 00:30:59,693
which is open to December
28th, is a business card
432
00:30:59,776 --> 00:31:01,653
for David Izenman Hair Studio.
433
00:31:01,736 --> 00:31:04,197
Says, "December 28th at 11:00."
434
00:31:04,280 --> 00:31:07,158
And then, on the 28th,
it says, "11:00, David."
435
00:31:07,242 --> 00:31:08,743
Lewin: See that, Mr. Durst?
436
00:31:08,827 --> 00:31:10,870
Would you agree that
on the 27th and 28th,
437
00:31:10,954 --> 00:31:12,330
according to your testimony,
438
00:31:12,414 --> 00:31:16,376
this is when you are supposed to
be on a staycation with Susan?
439
00:31:16,459 --> 00:31:17,711
Is that correct?
440
00:31:17,794 --> 00:31:21,381
We don't see any
Disneyland or Catalina.
441
00:31:22,590 --> 00:31:26,720
Balian: The day planner
represented reality.
442
00:31:26,803 --> 00:31:29,889
We had Bob on the stand
and his testimony,
443
00:31:29,973 --> 00:31:33,143
which was fictional, right?
444
00:31:33,184 --> 00:31:34,769
But you don't really
know it's fictional
445
00:31:34,853 --> 00:31:36,080
until you critically analyze it.
446
00:31:36,104 --> 00:31:39,190
And that fiction kinda got faced
447
00:31:39,274 --> 00:31:41,526
with the reality
of the day planner,
448
00:31:41,568 --> 00:31:43,361
and the two just collided.
449
00:31:44,195 --> 00:31:46,781
Lewin: Do you see any
notation, Mr. Durst,
450
00:31:46,865 --> 00:31:48,908
that references you?
451
00:31:53,413 --> 00:31:55,540
Henderson: Every single
day of that month,
452
00:31:55,623 --> 00:31:56,916
she was writing things.
453
00:31:57,000 --> 00:31:58,793
In fact, she was
gonna call Bobby
454
00:31:58,877 --> 00:32:00,879
a few days after
she was murdered,
455
00:32:00,920 --> 00:32:02,756
which, obviously, she
wasn't able to do.
456
00:32:05,175 --> 00:32:08,011
Lewin: You see where
it says, "call Bobby"?
457
00:32:15,560 --> 00:32:18,563
Lewin: Are you aware that you
did not answer my question
458
00:32:18,646 --> 00:32:20,940
in that answer
you gave? Or no?
459
00:32:22,150 --> 00:32:23,568
Windham: Overruled!
460
00:32:25,403 --> 00:32:27,405
Balian: Susan
Berman's day planner
461
00:32:27,489 --> 00:32:31,242
really demonstrated that just
about everything Bob Durst
462
00:32:31,284 --> 00:32:34,120
was saying on the
stand was false.
463
00:32:34,537 --> 00:32:36,247
Because she spoke to us,
464
00:32:36,331 --> 00:32:39,709
she spoke to that jury
through that day planner.
465
00:32:46,216 --> 00:32:49,344
newscaster 1 : Here we are,
a brand new day, a brand new week,
466
00:32:49,427 --> 00:32:51,554
and Robert Durst's still
on the witness stand,
467
00:32:51,596 --> 00:32:54,974
still on cross-examination,
fourth day of cross.
468
00:32:55,058 --> 00:32:58,311
Newscaster 2 : I really think
the prosecutor's still trying to prove
469
00:32:58,395 --> 00:33:01,564
that there's so many lies
in this huge web of lies
470
00:33:01,606 --> 00:33:04,442
that Robert Durst has
woven since the beginning
471
00:33:04,484 --> 00:33:06,736
with the disappearance
of his wife Kathie.
472
00:33:09,781 --> 00:33:11,074
Lewin: This trial, Mr. Durst,
473
00:33:11,116 --> 00:33:14,035
as you are aware, alleges
a special circumstance
474
00:33:14,119 --> 00:33:15,620
of witness killing.
475
00:33:15,662 --> 00:33:17,288
That you killed Susan Berman
476
00:33:17,330 --> 00:33:19,207
because you killed your wife,
477
00:33:19,290 --> 00:33:21,376
and she helped you cover it up.
478
00:33:39,978 --> 00:33:42,188
Lewin: Do you miss Kathie?
479
00:33:42,814 --> 00:33:44,983
Yes.
480
00:33:45,066 --> 00:33:46,693
Lewin: Tell me about her.
481
00:33:56,661 --> 00:33:58,329
Lewin: What was she like?
482
00:34:13,011 --> 00:34:14,971
Lewin: Would you agree she was
483
00:34:15,013 --> 00:34:16,848
a very bright young woman?
484
00:34:22,270 --> 00:34:24,105
Lewin: Beautiful?
485
00:34:28,400 --> 00:34:30,400
Lewin : Would you
agree that she was close to
486
00:34:30,445 --> 00:34:32,072
and devoted to her family?
487
00:34:32,739 --> 00:34:36,993
Durst : She was close
to her sisters and her brother.
488
00:34:38,870 --> 00:34:41,998
newscaster 1 : Right now,
Robert Durst on cross-examination.
489
00:34:42,040 --> 00:34:43,392
Newscaster 2:
Today is day five.
490
00:34:43,416 --> 00:34:46,002
Tomorrow will be day six
of cross-examination.
491
00:34:46,043 --> 00:34:48,213
Still plenty of
cross-examination to come...
492
00:34:48,295 --> 00:34:49,690
Jim McCormack: The
trial in Los Angeles
493
00:34:49,714 --> 00:34:52,132
was something that
I watched daily.
494
00:34:52,217 --> 00:34:55,053
It has been a roller
coaster of emotions.
495
00:34:55,136 --> 00:34:57,389
I want him to face up to his...
496
00:34:57,430 --> 00:35:00,850
many, many transgressions,
especially against Kathie.
497
00:35:00,892 --> 00:35:03,728
I want him to be
held accountable.
498
00:35:04,688 --> 00:35:08,400
Lewin: It's your sworn
testimony that you have no idea
499
00:35:08,441 --> 00:35:10,819
what happened to
Kathie, correct?
500
00:35:10,902 --> 00:35:12,904
Durst : Correct.
501
00:35:13,655 --> 00:35:16,074
Lewin: Alright, Mr. Durst,
I wanna talk about
502
00:35:16,116 --> 00:35:18,243
what has been referred to
503
00:35:18,326 --> 00:35:21,204
as "the bathroom audio."
504
00:35:21,246 --> 00:35:23,540
You're aware of this, correct?
505
00:35:24,833 --> 00:35:26,501
Lewin: How did you feel
506
00:35:26,584 --> 00:35:28,586
when Andrew Jarecki
is showing you,
507
00:35:28,670 --> 00:35:32,257
"Here's the Sareb note.
Here's the Cadaver Note.
508
00:35:32,298 --> 00:35:35,135
- Which one did you not write?"
- Yes.
509
00:35:41,599 --> 00:35:44,686
Lewin: And you walked into
the bathroom right after that.
510
00:35:44,769 --> 00:35:46,271
What did you say?
511
00:35:48,606 --> 00:35:50,942
Lewin: Play the
clip for Mr. Durst.
512
00:35:56,698 --> 00:35:59,534
Durst : Killed
them all, of course.
513
00:36:01,286 --> 00:36:05,206
Lewin: Do you agree that
you said those five words,
514
00:36:05,290 --> 00:36:08,543
"Killed them all, of course"?
515
00:36:14,215 --> 00:36:16,593
Lewin: So you think
that you added
516
00:36:16,634 --> 00:36:19,637
"they'll all think"
before the words,
517
00:36:19,679 --> 00:36:23,308
"I killed them all, of
course"? Is that correct?
518
00:36:23,391 --> 00:36:25,328
Please play it again.
Please play it right before,
519
00:36:25,352 --> 00:36:26,978
and I want you to
listen very carefully.
520
00:36:27,020 --> 00:36:28,980
I want you to tell
me when you hear
521
00:36:29,022 --> 00:36:31,232
any of the words
you just described.
522
00:36:35,528 --> 00:36:38,365
Durst : Killed
them all, of course.
523
00:36:39,657 --> 00:36:44,245
Do you agree that in the
stipulated recording,
524
00:36:44,329 --> 00:36:47,082
the unedited,
stipulated recording,
525
00:36:47,165 --> 00:36:51,503
that the only words that are on
that recording at that section
526
00:36:51,586 --> 00:36:56,257
are the five words, "Killed
them all, of course"?
527
00:36:58,968 --> 00:37:02,972
And would you agree, Mr. Durst,
that those five words
528
00:37:03,515 --> 00:37:05,934
are extremely incriminating?
529
00:37:09,020 --> 00:37:10,563
No?
530
00:37:10,647 --> 00:37:13,858
Since you cannot
explain what is,
531
00:37:13,942 --> 00:37:15,402
in essence can be argued as,
532
00:37:15,485 --> 00:37:17,404
a confession, Mr. Durst,
533
00:37:17,487 --> 00:37:20,949
why don't you just, right now,
534
00:37:21,032 --> 00:37:22,534
put the facade down
535
00:37:22,575 --> 00:37:26,538
and tell people what
actually happened?
536
00:37:26,621 --> 00:37:28,373
Why don't you just
tell us right now,
537
00:37:28,415 --> 00:37:31,001
get it out, and just
tell us what you did?
538
00:37:31,084 --> 00:37:33,169
This is your shot!
Everyone's watching!
539
00:37:33,211 --> 00:37:34,605
The world's watching you!
540
00:37:34,629 --> 00:37:37,465
Here's your chance!
Tell them what you did!
541
00:37:51,604 --> 00:37:53,524
Lewin: Well, wait a minute.
542
00:37:53,565 --> 00:37:56,026
Why did you say you never said
543
00:37:56,067 --> 00:37:58,528
you knew where
Kathie was buried?
544
00:37:59,487 --> 00:38:02,282
You're saying that you don't
even know if Kathie's dead,
545
00:38:02,365 --> 00:38:03,965
you don't even know
what happened to her.
546
00:38:04,034 --> 00:38:06,453
Now, you're talking
about where she's buried.
547
00:38:06,536 --> 00:38:09,289
Again, only the killer
could've known that.
548
00:38:11,833 --> 00:38:14,461
How do you know
Kathie's buried at all?
549
00:38:21,926 --> 00:38:25,221
DeGuerin: I wanted to stop
the cross-examination.
550
00:38:25,263 --> 00:38:28,558
Bob was getting worse every day.
551
00:38:29,267 --> 00:38:32,354
Lewin: I just
wanna ask you, Mr. Durst.
552
00:38:32,437 --> 00:38:34,439
Have you been completely
honest with this jury
553
00:38:34,522 --> 00:38:35,940
to the best of your memory?
554
00:38:38,443 --> 00:38:41,780
Lewin: Would you lie under
oath to help your case?
555
00:38:43,948 --> 00:38:47,452
If you had killed Susan,
would you tell us?
556
00:38:49,788 --> 00:38:52,582
Michael Belcher: Bob
gave some very unusual
557
00:38:52,624 --> 00:38:56,419
and, some might say,
extraordinarily honest answers
558
00:38:56,461 --> 00:38:58,755
to some of John's questions.
559
00:39:05,637 --> 00:39:07,639
I mean, who says that?
560
00:39:08,556 --> 00:39:11,267
Lewin: How many
instances of perjury
561
00:39:11,309 --> 00:39:13,144
do you think you have committed
562
00:39:13,186 --> 00:39:16,398
during your testimony
in this trial?
563
00:39:19,651 --> 00:39:21,653
Lewin: Bob, as usual,
564
00:39:21,736 --> 00:39:25,323
is having to get around his lies
565
00:39:25,365 --> 00:39:27,742
by telling bigger
and crazier lies,
566
00:39:27,826 --> 00:39:29,869
and the lies are
like a snowball.
567
00:39:29,953 --> 00:39:33,581
As they roll down the hill, the
lies get bigger and crazier,
568
00:39:33,665 --> 00:39:37,794
until they basically are
a giant, huge snowball
569
00:39:37,836 --> 00:39:40,171
out of a cartoon.
570
00:39:40,213 --> 00:39:43,717
Once you admit
that you would lie
571
00:39:43,800 --> 00:39:47,345
to keep from admitting
something damaging to the jury,
572
00:39:47,387 --> 00:39:50,765
would you agree that
that pretty much destroys
573
00:39:50,849 --> 00:39:53,059
any credibility you would have?
574
00:40:17,709 --> 00:40:20,795
Lewin: So, there's perjury,
there's minor perjury,
575
00:40:20,879 --> 00:40:23,089
then there's minor,
minor perjury...
576
00:40:31,765 --> 00:40:35,602
I did limit him. I put a
limit. I can, and I did.
577
00:40:40,273 --> 00:40:41,566
I think I helped guide him
578
00:40:41,608 --> 00:40:44,402
to a slightly shorter
cross-examination
579
00:40:44,444 --> 00:40:47,238
than we would
otherwise have had.
580
00:40:47,322 --> 00:40:49,532
As it was, it was nine days.
581
00:40:49,574 --> 00:40:51,159
That's the longest
cross-examination
582
00:40:51,242 --> 00:40:52,702
I've ever seen or heard of.
583
00:40:53,411 --> 00:40:56,289
Lewin: This is my last question.
As you sit here right now,
584
00:40:56,373 --> 00:40:59,209
did you kill Susan Berman?
585
00:40:59,250 --> 00:41:00,585
No.
586
00:41:00,669 --> 00:41:03,421
Lewin: But if you had, you
would lie about it, correct?
587
00:41:03,463 --> 00:41:06,049
- Correct.
- Lewin: Nothing further.
588
00:41:20,313 --> 00:41:21,606
Hi.
589
00:42:01,563 --> 00:42:03,791
Newscaster 1 : At the
end of the day, it sounds like
590
00:42:03,815 --> 00:42:06,443
Robert Durst taking the
stand was a big mistake.
591
00:42:06,484 --> 00:42:08,629
Newscaster 2 : The
decision lies with the defendant,
592
00:42:08,653 --> 00:42:10,655
so it's only his decision.
593
00:42:10,739 --> 00:42:12,339
Newscaster 3:
Yeah, I mean, look.
594
00:42:12,407 --> 00:42:15,577
It was, it was
certainly a tough call.
595
00:42:15,618 --> 00:42:18,872
I'm not gonna sit here and
question Dick DeGuerin.
596
00:42:33,803 --> 00:42:36,306
Bagli: Bob's legal expenses
597
00:42:36,348 --> 00:42:38,475
for his defense in Los Angeles
598
00:42:38,516 --> 00:42:41,603
soared to about $12 million.
599
00:42:42,645 --> 00:42:45,565
You would've expected
a spectacular,
600
00:42:45,648 --> 00:42:47,734
high-tech defense.
601
00:42:47,817 --> 00:42:50,195
DeGuerin: Is this
when the gun goes off?
602
00:42:50,236 --> 00:42:51,946
Durst: Yes.
603
00:42:52,030 --> 00:42:54,115
Bagli: But there were
glaring examples,
604
00:42:54,199 --> 00:42:56,993
time and again, of
poor preparation.
605
00:43:21,643 --> 00:43:23,603
Lisa DePaulo: I felt
bad for DeGuerin.
606
00:43:23,687 --> 00:43:26,731
He was not at the top
of his game anymore.
607
00:43:26,815 --> 00:43:28,316
He had to know that.
608
00:43:29,025 --> 00:43:32,195
Whether you like Bob
Durst or hate him,
609
00:43:32,237 --> 00:43:36,241
whether you think he's
a bad person or a liar,
610
00:43:39,494 --> 00:43:42,747
your duty is to
say "not guilty."
611
00:43:44,165 --> 00:43:45,834
Thank you.
612
00:43:47,085 --> 00:43:49,462
Lewin: I wanna thank
you all for your time
613
00:43:49,546 --> 00:43:51,339
and for your attention.
614
00:43:51,589 --> 00:43:55,260
This man has killed three
people in this case.
615
00:43:55,635 --> 00:43:56,928
I don't care that he's old.
616
00:43:56,970 --> 00:43:58,888
I don't care that he's
sitting in a wheelchair.
617
00:43:58,930 --> 00:44:00,724
I don't care that he's sick.
618
00:44:00,765 --> 00:44:02,934
It's irrelevant!
619
00:44:02,976 --> 00:44:04,602
Do not let
620
00:44:04,644 --> 00:44:06,813
this narcissistic psychopath
621
00:44:06,896 --> 00:44:09,315
get away with what he has done.
622
00:44:09,399 --> 00:44:12,610
There's one verdict in this
case, one verdict only.
623
00:44:12,652 --> 00:44:14,779
That is guilty.
624
00:44:25,790 --> 00:44:29,044
newscaster 1: All the evidence is
in. The arguments have been made.
625
00:44:29,127 --> 00:44:33,298
The Robert Durst trial is
now in the hands of the jury.
626
00:44:43,850 --> 00:44:47,228
newscaster 2 : Breaking
news. The Durst trial has concluded.
627
00:44:47,312 --> 00:44:49,856
Closing arguments,
rebuttal, all done.
628
00:44:49,939 --> 00:44:52,400
And up next, the jury
has been sent to the room
629
00:44:52,484 --> 00:44:54,924
with all their instructions to deliberate...
630
00:44:55,737 --> 00:44:57,965
newscaster 2 : starting
a clock for the verdict watch...
631
00:44:57,989 --> 00:44:59,550
Jim McCormack: We have
to just wait it out,
632
00:44:59,574 --> 00:45:01,201
I guess, is the only
way to describe it.
633
00:45:01,284 --> 00:45:04,162
And it's full of a lot
of stress and anxiety.
634
00:45:04,204 --> 00:45:07,582
Newscaster 3 : Jury deliberations
continue in the murder trial
635
00:45:07,665 --> 00:45:09,376
for the 2000 murder
of his friend...
636
00:45:11,086 --> 00:45:13,004
Hilda Weiss: There was
a whole lotta energy
637
00:45:13,088 --> 00:45:16,132
by the time we got into
the deliberation room
638
00:45:16,174 --> 00:45:19,177
of needing to talk
to each other,
639
00:45:19,219 --> 00:45:21,763
one of the things that we
couldn't do all this time.
640
00:45:24,307 --> 00:45:27,185
And then, asking ourselves
641
00:45:27,268 --> 00:45:30,730
what evidence really
made a difference to us.
642
00:45:30,814 --> 00:45:33,692
That's when things seemed to...
643
00:45:33,733 --> 00:45:36,403
build intensity.
644
00:45:41,116 --> 00:45:45,203
I stopped guessing about
juries a long time ago
645
00:45:45,286 --> 00:45:47,455
because it's either
heart-breaking
646
00:45:47,539 --> 00:45:49,290
or great exhilaration
647
00:45:50,875 --> 00:45:54,421
and it doesn't do any
good to read tea leaves.
648
00:45:54,504 --> 00:45:57,382
We begin this hour in
Los Angeles, California,
649
00:45:57,424 --> 00:46:00,677
where day two of deliberations
in the Jinx murder trial
650
00:46:00,719 --> 00:46:02,220
ended without a verdict.
651
00:46:04,681 --> 00:46:06,808
Nick Chavin: My wife and I
think about how our lives
652
00:46:06,891 --> 00:46:09,436
would change depending
on the verdict.
653
00:46:10,103 --> 00:46:12,230
The most frightening thing
for her is an acquittal,
654
00:46:12,313 --> 00:46:15,775
which has the
madman on the loose.
655
00:46:17,235 --> 00:46:19,404
Terry Chavin: It's
really stressful.
656
00:46:19,446 --> 00:46:20,780
Is it gonna be what we want?
657
00:46:20,864 --> 00:46:22,907
Is it gonna be the
verdict we want?
658
00:46:22,949 --> 00:46:25,035
You know, he murdered
all these people.
659
00:46:25,076 --> 00:46:28,371
How could we let somebody
out in our society,
660
00:46:28,413 --> 00:46:29,664
prancing around,
661
00:46:29,748 --> 00:46:31,100
acting like he didn't
do anything wrong
662
00:46:31,124 --> 00:46:32,667
when we all see what he did?
663
00:46:32,751 --> 00:46:34,544
Everybody sees what he did.
664
00:46:35,754 --> 00:46:37,589
Jarecki: It doesn't feel real
665
00:46:37,672 --> 00:46:41,176
because the anticipation's
been so endless.
666
00:46:41,259 --> 00:46:44,929
And for Jim McCormack,
it's been 40 years
667
00:46:44,971 --> 00:46:46,681
of this suspense.
668
00:46:46,765 --> 00:46:49,059
Sharon McCormack:
It's been 40 years.
669
00:46:49,100 --> 00:46:51,770
There's always bumps
and bumps and bumps
670
00:46:51,853 --> 00:46:53,813
and brick walls, and it just,
671
00:46:53,897 --> 00:46:55,106
it seems to never end.
672
00:46:55,148 --> 00:46:58,401
I just, I pray every day.
I just want it to end.
673
00:46:58,443 --> 00:47:01,780
Before our lives end,
I want this to end.
674
00:47:06,659 --> 00:47:08,828
Bagli: Something
was in the air
675
00:47:08,912 --> 00:47:11,581
and I wasn't sure what it was.
676
00:47:11,623 --> 00:47:13,833
Then, a court administrator
677
00:47:13,917 --> 00:47:16,294
comes out and whispers,
678
00:47:16,378 --> 00:47:18,296
"We got a verdict."
679
00:47:18,380 --> 00:47:20,441
- Sharon McCormack: Oh, my God!
- Speaker: Oh, my goodness!
680
00:47:20,465 --> 00:47:23,218
Sharon McCormack: Oh, my
God, guys! I'm actually...
681
00:47:23,301 --> 00:47:25,181
I'm already crying, I'm
so worried about this...
682
00:47:25,220 --> 00:47:28,139
Don't cry. Just get-get
me another beer, please.
683
00:47:30,975 --> 00:47:32,352
Windham: I was informed
684
00:47:32,435 --> 00:47:35,939
that they would not
transport Mr. Durst to court
685
00:47:35,980 --> 00:47:39,025
because he had been
exposed to COVID.
686
00:47:40,443 --> 00:47:43,238
Newscaster: Robert
Durst is being isolated
687
00:47:43,321 --> 00:47:46,533
after possible COVID exposure.
688
00:47:48,159 --> 00:47:49,470
Now, they're arguing about
689
00:47:49,494 --> 00:47:51,913
the process of actually
reading the verdict
690
00:47:51,996 --> 00:47:55,458
for our isolation-bound
defendant.
691
00:47:55,500 --> 00:47:56,793
What a joke.
692
00:48:05,093 --> 00:48:07,303
Weiss: Mr. Lewin was
looking at the jurors.
693
00:48:09,389 --> 00:48:12,934
It did go through my mind, "Boy,
I wouldn't wanna be sitting
694
00:48:13,018 --> 00:48:15,770
in his
seat right now."
695
00:48:15,812 --> 00:48:19,774
You don't know for sure
what's going to happen.
696
00:48:19,858 --> 00:48:21,735
Windham: Has the jury
reached a verdict?
697
00:48:21,818 --> 00:48:23,153
Juror: Yes, we
have, Your Honor.
698
00:48:38,918 --> 00:48:40,962
Oh, this is torture.
699
00:48:41,046 --> 00:48:42,672
This is torture.
700
00:48:59,397 --> 00:49:03,151
clerk: Superior Court of
California, County of Los Angeles,
701
00:49:03,568 --> 00:49:06,404
the People of the State of
California versus Robert Durst.
702
00:49:08,073 --> 00:49:10,492
We, the jury, in
the above-entitled action,
703
00:49:10,575 --> 00:49:13,370
find the defendant,
Robert Durst...
704
00:49:14,621 --> 00:49:18,291
guilty of the crime...
705
00:49:18,375 --> 00:49:21,211
in violation of penal code
section 197, section...
706
00:49:21,252 --> 00:49:24,881
- Oh, my God, Jim. Oh, my God.
- God. See?
707
00:49:24,923 --> 00:49:27,592
Oh, my God. I'm sorry.
708
00:49:29,260 --> 00:49:31,388
speaker: That's,
like, so wonderful.
709
00:49:31,429 --> 00:49:33,074
Sharon McCormack: You
don't know what it is.
710
00:49:34,808 --> 00:49:36,619
Lester Holt: Breaking news
tonight in the murder trial
711
00:49:36,643 --> 00:49:40,146
of multimillionaire real
estate heir Robert Durst.
712
00:49:40,230 --> 00:49:42,941
Robert Durst is found
guilty of murder.
713
00:49:42,982 --> 00:49:45,235
Breaking news. Robert
Durst convicted
714
00:49:45,276 --> 00:49:47,195
of murdering his
best friend in a case
715
00:49:47,278 --> 00:49:48,988
that dates back 20 years.
716
00:49:49,239 --> 00:49:52,283
Newscaster: The guilty verdict
returned in the last hour...
717
00:49:52,325 --> 00:49:53,952
Jarecki: Bob Durst
was just convicted
718
00:49:53,993 --> 00:49:57,622
of first-degree murder
of Susan Berman,
719
00:49:57,664 --> 00:49:59,290
and, uh...
720
00:50:04,087 --> 00:50:07,757
people are very emotional
about this, me included.
721
00:50:23,815 --> 00:50:26,234
It's hard for Nick to, um...
722
00:50:27,944 --> 00:50:29,738
You know, he saw
two different Bobs.
723
00:50:29,821 --> 00:50:31,072
I have different feelings
724
00:50:31,156 --> 00:50:34,117
than everyone else in
this room about Bob.
725
00:50:34,909 --> 00:50:36,327
Look, she's...
726
00:50:49,549 --> 00:50:52,260
Lewin: We just feel
really gratified that,
727
00:50:52,344 --> 00:50:55,180
finally, he's been held
accountable for what he's done.
728
00:50:55,263 --> 00:50:57,515
It's been 40 years. You
know, he's 78 years old,
729
00:50:57,557 --> 00:51:00,226
and he's been walking
around for a long time.
730
00:51:00,310 --> 00:51:02,187
He had a lot more of a life...
731
00:51:02,228 --> 00:51:04,356
You know, Kathie didn't make 30.
732
00:51:04,439 --> 00:51:07,067
- Okay, guys.
- Reporter: Thank you.
733
00:51:17,619 --> 00:51:19,746
Jarecki: How did Bob find
out about the verdict?
734
00:51:20,997 --> 00:51:22,624
I don't know.
735
00:51:23,917 --> 00:51:28,713
His lawyers' duty would be to
tell him about the verdict.
736
00:51:30,298 --> 00:51:32,467
Jarecki: Do you
remember how Bob learned
737
00:51:32,550 --> 00:51:35,428
about the verdict, if
he wasn't in court?
738
00:51:35,512 --> 00:51:37,138
No, I don't.
739
00:51:38,473 --> 00:51:41,309
Jarecki: Do you know how he
found out about the verdict?
740
00:51:42,018 --> 00:51:43,812
That's a good question.
741
00:51:44,437 --> 00:51:47,565
I really don't,
Andrew. I'm sorry.
742
00:51:48,900 --> 00:51:51,778
Bagli: The day that the
jury returned its verdict,
743
00:51:51,861 --> 00:51:55,115
Bob was in his cell.
744
00:51:55,198 --> 00:51:58,159
And his lawyers left town
745
00:51:58,243 --> 00:52:01,579
immediately afterward
without speaking to him.
746
00:52:04,290 --> 00:52:06,793
Nobody told Bob
until the next day
747
00:52:06,876 --> 00:52:08,128
that he had been convicted.
748
00:52:08,837 --> 00:52:13,341
None of Bob's lawyers
told him he was convicted?
749
00:52:15,093 --> 00:52:18,304
None of the four members
of the defense team.
750
00:52:18,388 --> 00:52:20,306
Jarecki: Somebody
must've told him.
751
00:52:20,932 --> 00:52:23,768
- Somebody else.
- Somebody else.
752
00:52:30,567 --> 00:52:32,610
interviewer: Do you know
who informed Robert Durst
753
00:52:32,694 --> 00:52:34,054
that the jury had
found him guilty?
754
00:52:34,112 --> 00:52:36,072
- Yes, I do.
- Interviewer: And who was that?
755
00:52:36,114 --> 00:52:37,657
That was me.
756
00:52:37,741 --> 00:52:39,284
Interviewer: And
where did you do that?
757
00:52:39,367 --> 00:52:41,536
At the Los Angeles County Jail.
758
00:52:43,663 --> 00:52:46,249
Jarecki: And what was
Alan's role in the case?
759
00:52:46,291 --> 00:52:49,753
He was there, I think, as
a representative of, uh,
760
00:52:49,794 --> 00:52:52,464
of Debbie as a lawyer.
761
00:52:54,007 --> 00:52:56,235
- interviewer: Are you currently an attorney?
- Yes, I am.
762
00:52:56,259 --> 00:52:58,112
Interviewer: And what type
of law do you practice?
763
00:52:58,136 --> 00:53:01,139
- It's criminal defense.
- Interviewer: Okay.
764
00:53:01,181 --> 00:53:02,682
Jarecki: Why did
Debbie need a lawyer?
765
00:53:02,766 --> 00:53:05,060
I don't know. You'd have
to ask Alan or Debbie.
766
00:53:05,143 --> 00:53:07,354
Maybe you'll get a
chance. I don't know.
767
00:53:08,063 --> 00:53:09,647
Interviewer: Without
divulging any
768
00:53:09,731 --> 00:53:11,775
attorney-client
privileged communications,
769
00:53:11,816 --> 00:53:14,319
do you have an understanding
as to why Ms. Charatan
770
00:53:14,402 --> 00:53:16,237
retained a criminal attorney?
771
00:53:18,073 --> 00:53:20,033
I know why she retained me.
772
00:53:36,007 --> 00:53:37,884
♪ I'll tell ♪
773
00:53:37,967 --> 00:53:39,844
♪ You a thing ♪
774
00:53:40,845 --> 00:53:42,389
♪ I heard ♪
775
00:53:42,472 --> 00:53:44,557
♪ Down at the spot ♪
776
00:53:45,392 --> 00:53:47,394
♪ That God ♪
777
00:53:47,477 --> 00:53:49,270
♪ I've been prayin' ♪
778
00:53:49,854 --> 00:53:53,483
♪ So take everything you got ♪
779
00:53:55,485 --> 00:53:58,697
♪ Put 'em all together,
shake it side to side ♪
780
00:54:00,323 --> 00:54:03,785
♪ Mix it up and
call it suicide ♪
781
00:54:05,036 --> 00:54:08,456
♪ Put 'em all together,
shake it side to side ♪
782
00:54:09,749 --> 00:54:13,003
♪ Mix it up and
call it suicide ♪
783
00:55:09,851 --> 00:55:13,021
♪ Put 'em all together,
shake it side to side ♪
784
00:55:14,689 --> 00:55:17,942
♪ Mix it up and
call it suicide ♪
785
00:55:38,463 --> 00:55:41,716
♪ Put 'em all together,
shake it side to side ♪
786
00:55:43,009 --> 00:55:46,471
♪ Mix it up and
call it suicide ♪
57091
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