Robert Durst loses coronavirus mistrial bid in murder case
Tuesday, 23 June 2020 ()
LOS ANGELES (AP) — A Los Angeles judge denied a request for a mistrial Tuesday in the murder case against New York real estate heir Robert Durst after more than three months of delay because of the coronavirus.
Judge Mark Windham said Durst’s right to a fair trial has not been compromised by pausing the case in March just days after it began. It is scheduled to resume next month in an Inglewood courthouse that has a larger courtroom to accommodate social distancing.
Defense attorney David Chesnoff argued by phone that Durst would not have adequate legal representation because doctors have advised him and two other lawyers on the team not to appear at trial because of their age and underlying health conditions.
He also argued that jurors, court staff, prosecutors and spectators could be exposed to COVID-19 in the courtroom, restrooms, elevators and cafeteria. The health of Durst, who is 77 and has had a series of significant health problems, would also be in jeopardy.
“The reason Mr. Durst hasn’t gotten COVID is because of isolation,” Chesnoff said. “Moving him from the jail where they have him in complete isolation to a courthouse where he could contract it — it would be ironic if he had spent all this time avoiding a disease only to be impacted by it because of a rush back to trial.”
Deputy District Attorney John Lewin said the defense was making a strategic move because Durst wants a “do over.”
Windham, who wore a black neck gaiter pulled up over his mouth and nose, said he would not put anyone’s health in jeopardy, pausing at one point to rub sanitizer in his hands. He noted that it took several weeks to whittle 1,000 prospective jurors down to a panel of 23, including 11 alternates.
“I do not want to go with another jury selection...