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Los Angeles Times
Los Angeles Times
National
Matt Hamilton

Robert Durst murder trial postponed because of coronavirus

LOS ANGELES _ The Robert Durst murder trial has been postponed to April 6 amid concerns across the Los Angeles court system about coronavirus.

In the face of the growing outbreak, courts have taken a patchwork of measures: monthslong delays in trials, excusing jurors over the age of 60, and temporarily closing courthouses altogether.

On Friday, Los Angeles County Presiding Judge Kevin Brazile recommended that new civil trials and some criminal trials be pushed back 30 days _ a staggering step in a system infamous for long waits for hearings and trials. Some are calling for much more aggressive action.

More information about the fate of court operations could come Monday.

Several attorneys said they were frustrated by the lackadaisical practices in courthouses last week: Scant hand sanitizer was available to the general public. Security screenings at courthouse entrances had no wipes to clean surfaces as more people came through. And elevators were crammed as ever _ filled with people coming for jury duty.

The Los Angeles County district attorney's office has alleged that Durst, the heir to a Manhattan real estate fortune, killed writer Susan Berman in December 2000. Prosecutors contend that Durst killed Berman to prevent her from spilling incriminating information about the 1982 disappearance of his first wife, Kathleen, whose body was never found. He has pleaded not guilty.

Durst's younger brother, Thomas Durst, 70, said he invoked coronavirus concerns in an effort to get out of traveling to Los Angeles on a subpoena to testify against his sibling.

In an email, Thomas Durst, who has a residence in the San Francisco Bay Area, said he presented a doctor's note on March 6 to the district attorney's office in which his personal doctor strongly advised "against any travel, particularly airplane travel," citing unspecified medical issues.

He said he was "amazed at the cavalier attitude" toward coronavirus by the judge and district attorney's office, and said his request to testify remotely via video was refused. The younger Durst ultimately complied with the subpoena. Last week, Thomas Durst reportedly wore latex gloves when he showed up to testify at the Airport Courthouse near Los Angeles International Airport. On the witness stand, he was asked by a prosecutor how he felt about being there.

"I hate it," he said. Asked if he had done everything in his power to avoid testifying, he agreed. "This is a horrible experience, and I'm fearful of my brother."

On Friday, Judge Mark Windham announced jurors would sit with one seat between them in the courtroom, and said at least one person could testify remotely. It was unclear if that arrangement would continue when the trial resumes April 6.

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