FOR THE LAST TWO
WEEKS, THE
STRANGE STORY OF ROBERT DURST
HAS PLAYED OUT RIGHT HERE IN NEW
ORLEANS.
THE ECCENTRIC 71-YEAR-OLD
HAS
BEEN THE FOCUSED OF AN HBO
DOCUMENTARY, WHICH CHRONICLED
HIS LIFE AND CONNECTION TO TWO
MURDERS AND ONE MISSING PERSON.
ON THE EVE OF THE FINAL EPISODE,
HEARST WAS ARRESTED AT THE
DOWNTOWN HOTEL.
HE WAS WANTED FOR A 2000 MURDER
IN LOS ANGELES.
THEY SAY HE KILLED HIS LONGTIME
FRIEND, SUSAN BERMAN, A WOMAN
THAT INVESTIGATORS WERE SUPPOSED
TO MEET AND TALK WITH.
WHEN THE FBI RAIDED HIS HOTEL,
THEY FOUND A GUN AND MARIJUANA,
AS WELL AS CASH AND AN
ELABORATE
MASK.
HE FACES GUN AND DRUG CHARGES IN
NEW ORLEANS AND IS BEING HELD AT
A DAN -- JAIL OUTSET IS THINK
GABRIEL.
TO TALK ABOUT THE FUTURE THIS
CASE, WE ARE JOINED BY DEFENSE
ATTORNEY AND LEGAL ANALYST
ROBERT JENKINS, A FORMER
ATTORNEY, AND FORMER SECURITY
EXPERT.
DOES IT SEEM THAT HE WILL SPACE
CHARGES -- FACE CHARGES BEFORE
BEING EXTRADITED?
ROBERT: I THINK HE WILL TAKE A
PLEA TO GET BACK TO LOS ANGELES.
IT SEEMS TO BE A SLAMDUNK WITH
THE EVIDENCE.
IF HE GOES TO TRIAL AND GETS
CONVICTED, HE WILL DEFINITELY
SERVE AT LEAST 10-15 YEARS HERE.
TRAVERS: THE CHARGES ARE ALLEN
IN POSSESSION OF A FIREARM AND
CONTROL -- A CONTROLLED
SUBSTANCE.
IS THIS A CASE YOU LOOK AT SAY
THIS IS A SLAMDUNK?
WE DON'T KNOW EVERYTHING THE
PROSECUTOR HAS, BUT I WOULD SAY
IT LOOKS PRETTY GOOD FOR THE
LOUISIANA PROSECUTORS IN THIS
CASE.
I THINK THAT IS PROBABLY WHY HE
WILL WANT TO DEAL WITH THAT
FIRST.
TRAVERS: A LOT OF STUFF CAME OUT
IN COURT THIS PAST WEEK DURING
THE SEARCH.
YOU KNOW ALL I GOT THIS FROM
DEALING WITH PEOPLE IN THE
SECURITY INDUSTRY.
WHEN THEY RAIDED HIS HOTEL
ROOM,
IT CAME OUT THAT DURST JUST LEFT
-- LET THE FBI IN.
DOES THAT HOLD UP IN COURT?
WHAT ACTUALLY HAPPENED
WAS
THEY HAD BEEN TRAILING HIM AND
LOST CONTACT FOR FOUR DAYS.
HE UTILIZED HIS PHONE TO GET
VOICEMAIL.
WHEN HE DID THAT, THEY COULD
TRIANGULATE WHERE HE WAS.
THEY SET UP SURVEILLANCE AND
OBSERVED HIM COMING INTO THE
HOTEL.
THEN THEY GOT UP AND STARTED
SPEAKING TO HIM.
THEY ASKED IF HE WAS MR. DURST
AND HE LIED.
THEY KNEW THE HE WAS.
ONE OF THE FEDERAL AGENTS
CONTACTED L.A. AND GOT
EVERYTHING PREPARED.
MEANWHILE THEY ENGAGED IN
CONVERSATION WITH MR. DURST.
THEY ACTUALLY SPOKE THEM FOR
ABOUT 20 OR 30 MINUTES HEARD HE
WAS FREE TO LEAVE AT ANY POINT.
HE HAD A FEMALE WALK-UP WHO HAD
SEEN THE HBO SPECIAL.
SHE RECOGNIZED HIM.
THEY TALKED FOR ANOTHER
HALF-HOUR.
AT THIS POINT, THE WARRANT WAS
PUT INTO NCIC BY CALIFORNIA AND
ADVISED MR. DURST HE WAS UNDER
ARREST.
THEN THEY SAID HE WOULD NOT BE
ABLE TO COME BACK.
HE SAID HE WOULD LIKE TO GO TO
THE ROOM AND GET HIS BELONGINGS.
THEN THEY
OBSERVED NARCOTICS,
THE GUN, AND OTHER EVIDENCE IN
PLAIN VIEW.
THEY GOT A SEARCH WARRANT FOR
THE REST OF THE HOTEL ROOM.
TRAVERS: FROM A COP'S
STANDPOINT, IS THAT ALL LEGAL?
EVERYTHING THEY DID WAS 100%
LEGAL.
IT TOOK ALL THE NECESSARY STEPS
TO MAKE SURE NOTHING COULD BE TO
THROWN OUT.
TRAVERS:
THAT DEFENSE ATTORNEY
TRIED TO GET EVERYTHING THROWN
OUT.
DOES HE HAVE AN ARGUMENT?
ROBERT: NOT REALLY.
WE TRY OUR BEST TO GET THINGS
SUPPRESSED.
THAT DOESN'T HAPPEN IN REAL LIFE
LIKE ON TV.
I THINK LIKE HE SAID, IT WILL BE
VERY DIFFICULT TO GET THINGS
THROWN OUT AND HE WILL TAKE A
PLEA TO GET OUT TO LOS ANGELES.
TRAVERS: HE IS BEING HELD HERE
WITHOUT BOND.
DO THE
PROSECUTORS HERE TALK TO
THE PROSECUTORS IN LOS ANGELES?
CAN THEY COORDINATE A GOOD
PLAYBOOK GOING FORWARD?
I
THINK WHAT LIKELY HAPPENS
IN THESE MULTIJURISDICTIONAL
PROSECUTIONS, YOU WILL HAVE THEM
TALKING TO EACH OTHER.
THEY ARE LIKELY TALKING ABOUT
THE STRENGTH OF THEIR RESPECTIVE
CASES AND THE STRENGTH OF THE
EVIDENCE IN THOSE CASES.
THEY WILL FORMULATE A PLAN TO
DETERMINE WHICH SHOULD GO
FORWARD AND REACH SOME KIND OF
RESOLUTION.
TRAVERS: YOU HAVE WORKED CASES.
SOMEBODY SAID THIS IS AN AL
CAPONE THEORY.
IF THEY CAN GET DURST ON A
LESSER CHARGE, LIKE GUN AND
DRUG, YOU STILL GOT HIM.
DOES THE PROSECUTION LOOK AT IT
FROM THAT STANDPOINT?
YES AND NO.
THEY HAVE EVIDENCE THAT HE
HAD
GUNS AND DRUGS THAT HE SHOULD
NOT HAVE HAD.
SO THEY HAVE EVIDENCE HE
COMMITTED A CRIME.
THEY SHOULD NOT BE INFLUENCED BY
WHAT IS GOING ON IN CALIFORNIA.
MY GUESS IS THEY WILL NOT BE.
THEY HAVE EVIDENCE HE VIOLATED
LOUISIANA LAW.
THEY WILL PROSECUTE HIM FOR
THAT.
THEY WERE PROBABLY
LET THE
CALIFORNIA AUTHORITIES DEAL WITH
THE CALIFORNIA MURDER.
TRAVERS: HE IS BEING HELD AT A
JAIL IN SAINT GABRIEL.
HE IS CONSIDERED A THREAT TO
HIMSELF AND WAS MOVED TO THAT
FACILITY.
IS THAT COMMON FOR HIGH-PROFILE
CASES TO BE MOVED AND PUT IN
PROTECTIVE CUSTODY?
YES, ANYTIME YOU HAVE A
HIGH-PROFILE INDIVIDUAL, THERE
IS ALWAYS THE POTENTIAL FOR
THINGS TO HAPPEN TO HIM IN
GENERAL POPULATION.
THEY MOVE THEM TO A VERY SECURE
ENVIRONMENT AND WATCHED 24 HOURS
A DAY TO MAKE SURE HE DOESN'T
HARM HIMSELF OR ANYONE ELSE.
ROBERT: WHEN YOU HAVE A
HIGH-PROFILE AND MONEY, THE
OTHER INMATES CAN TALK TO HIM
AND HE CAN GET CERTAIN THINGS
DONE.
THAT IS ANOTHER REASON.
MONEY IS KEY.
I HAVE I HAVE SEEN SOMEONE LIKE
HIM DO CERTAIN THINGS BECAUSE
OTHER INMATES WILL DO IT.
TRAVERS: LET'S TALK ABOUT HIS
HEALTH.
HE IS IN POOR HEALTH.
HIS DEFENSE ATTORNEY HAS BROUGHT
THAT UP.
IS THAT SOMETHING HE'S TRYING TO
GET ON THE RECORD AND TO SHOW
THE COURT THAT THE MEN MAY NOT
BE IN GOOD HEALTH?
ROBERT: THEY MAY BE SETTING UP
SOME TYPE OF MENTAL INSANITY
PLEA AND THAT HE DOES NOT KNOW
WHAT HE WAS SAYING ON THE VIDEO.
HE HAS TO COUNTER WHAT IS GOING
ON IN THE PUBLIC ABOUT THESE
ALLEGED MURDERS.
HE IS TRYING TO PLAY FOR THE
JURY POOL AS WELL.
TRAVERS: AS A PROSECUTOR, IF YOU
SEE SOMEONE IN POOR HEALTH WHO
MAY BE DEALING WITH MENTAL
PROBLEMS, HOW DO YOU HANDLE
THAT?
I THINK THE CHARACTERISTICS
OF A PARTICULAR DID AND IT ARE
SOMETHING YOU LOOK AT WHEN YOU
ARE EVALUATING A CASE.
I THINK ROBERT IS RIGHT.
HE IS DOING WHAT A GOOD DEFENSE
ATTORNEY JUST -- DOES AND THAT
IS TO HUMANIZE THE DEFENDANT IN
THE EYES OF THE JUDGE AND THE
JURY POOL.
TRAVERS:
LET'S MOVE TO THE
CALIFORNIA CASE.
AS A POLICE OFFICER AND FORMER
POLICE OFFICER, IT APPEARS IN
THE LAST EPISODE THAT DURST GAVE
WHAT MANY PEOPLE CONSIDER TO BE
A CONFESSION ON VIDEO.
IS THAT SOMETHING THAT COPS LOOK
AT AND SAY WE CAN USE THIS AT
TRIAL?
ABSOLUTELY.
IT WAS VERY IMPORTANT THE WAY IT
TOOK CASE.
HE WENT TO THE BATHROOM AND DID
NOT REALIZE THE MIKE WAS ON.
HE WAS TALKING TO HIMSELF.
ALL OF THOSE THINGS PLAY INTO IT
AS TO THE VALIDITY OF WHAT HE
SAID.
SOME PEOPLE ARGUE THAT HE DID IT
ON PURPOSE.
BUT IT APPEARS THIS IS VERY
HUMBLING, HAND TALKING TO
HIMSELF.
TRAVERS: IS THIS HARD TO DEFEND
ON VIDEO?
ROBERT: IF I COULD
PROVE THAT
THE POLICE HAD GIVEN HIM
QUESTIONS TO ASK TO THAT
DIRECTORS, THEN MY ARGUMENT
WOULD BE THAT NOW WE HAVE A
SUPPRESSION ISSUE.
THE POLICE KNEW THEN THEY WERE
TRYING TO GET THIS.
BUT HE CORRECT.
NOBODY EXPECTED THAT STATEMENT.
BUT TYING THE POLICE INTO THE
PRODUCTION DID GET IT TO PRESS.
TRAVERS: FINAL QUESTION.
A LOT OF OTHER CASES ARE NOW
UNDER INVESTIGATION.
ONE IN CALIFORNIA AND ANOTHER IN
VERMONT.
IS THAT COMMON THAT YOU SEE
OTHER JURISDICTIONS START TO GO
BACK 20 YEARS AND LOOK AT CASES?
TO THE EXTENT HE MAKES
COMMENTS ON VIDEOTAPE ABOUT HIS
POTENTIAL ROLE IN OTHER CRIMES
THAT MAY OR MAY NOT HAVE
OCCURRED, IT IS NOT UNCOMMON.
I THINK ONCE AN INVESTIGATION
BECOMES PUBLIC FOR OTHER COLD
CASES OR OTHER
INVESTIGATIONS
THAT HAVE NOT GONE ANYWHERE, TO
BE RE-LOOKED AT AND FOR
PROSECUTORS TO TAKE ANOTHER
LOOK.
TRAVERS:
YES OR NO, DO YOU THINK
THIS CASE GOES TO TRIAL AND GET
ADJUDICATED HERE ON GUNS AND
DRUGS BEFORE HE GETS EXTRADITED
?
I THINK HE PLEADS OUT.
I DO AS WELL.
TRAVERS: WE COULD
TALK ABOUT
THIS FOR DAYS.
UNFORTUNATELY WE ARE OUT OF
TIME.
ROBERT DURST HAS A COURT
APPEARANCE LATER THIS WEEK.