02x05 - Mostly the Truth

[bunniefuu]

- [car engine rumbling]
- [snow splattering]

♪♪

Which one of those
pictures is Kathie?

Kathie? Oh.

This is Kathie.

Jim McCormack: Hey, Mom? I don't
remember seeing this picture,

- like, for the life of me.
- Oh, I have pictures laying all over the place.

I'm looking at Kathie
in this picture,

and she was so elegant

- to look at that here.
- Oh, well, you can have it.

♪♪

[Andrew Jarecki speaking]

Well, they all miss her.

That was sad.

Very sad.

Okay?

Jim McCormack: We want
closure on her disappearance.

We could finally have
a memorial service

'cause we held off on doing
a memorial service for Kathie

because it's almost
like giving up.

We have got to have the
patience to see it through.

We're not gonna be judge,
jury, and executioner.

That's somebody else's
job. But, um, life...

life'll go on for everybody
at that point in time.

♪♪

[indistinct news chatter]

reporter [on TV]: So how do
you take a case that is like...

it's the m*rder of Susan Berman,

but everything dates back
really to the disappearance

of Kathie Durst. We're
talking almost 40 years.

All these years,
Jim was obsessive.

It got difficult for me,

but even my family
and friends were like,

"What he's doing
is the right thing.

He's pursuing
justice for Kathie."

Jim McCormack: Emotionally,
I'm here really for her,

and for my mom,
God rest her soul.

We've waited all these
years for justice.

Newscaster [TV]: We have some breaking
news in the Jinx m*rder trial.

Defendant Robert Durst
will take the stand

in his own defense.

This isn't the first time
he's been on trial for m*rder.

We know the last one
ended in an acquittal.

I'm still shaking
my head on that one.

Susan Criss [on TV]: We the
jury find the defendant,

Robert Durst, not guilty.

Jim McCormack:
I still remember

the verdict down in Galveston.

I couldn't breathe for
about a minute and a half.

It was like... it was stunning.

Absolutely stunning.

[indistinct]

You know, I have faith,
but faith doesn't always,

deliver justice.

["Survivor" by Nathaniel Rateliff
& The Night Sweats playing]

♪ Well, you just
think that I'm ♪

♪ Some great survivor ♪

[static]

♪ And you just build upon ♪

♪ The light to carry you ♪

[shutter snapping]

♪ Well, I don't
even talk that way ♪

♪ See, I wanted you to stay ♪

♪ And show you the
world's a better place ♪

[scuttling]

♪ And as we crawl
to find our way ♪

♪ We even take the shape
of something else ♪

[shutter snaps]

- ♪ You think that I'm just ♪
- [g*nsh*t]

♪ Some great survivor ♪

♪ You think that I'm just ♪

[shutters snapping]

♪ Some great survivor ♪

♪ I'm afraid that the
weight of the world ♪

♪ Is catching up with you ♪

♪♪

[scuttling]

[wind blowing]

[door opens]

- [tense music playing]
- [door slams]

[lights clicking, buzzing]

John Lewin: Bob is gonna
testify in this case.

And the reason Bob is
gonna testify in this case

is because it worked
for him last time.

Bob made a fine witness in
his own behalf in Galveston

and the prosecutors there
did not know what was coming.

[door creaks open]

Ethan Milius: When
they stipulated to Bob

having written the Cadaver Note,

he has to testify. How
else is he gonna explain

that he wrote the letter

and the circumstance
of why is she dead?

[wheelchair rolling]

Like, how did that happen?

Charles Bagli: How is he
gonna knit this all together

without making himself
the perpetrator?

Bailiff: Please raise
your right hand.

Do you solemnly state that
the testimony you may give

in the cause now pending
before this court

shall be the truth,
the whole truth,

and nothing but the
truth, so help you God?

Robert Durst: Yes, I do.

d*ck DeGuerin:
Bob, do you realize

you have an absolute
right not to testify?

DeGuerin: Did you
k*ll Susan Berman?

No.

DeGuerin: Do you know who did?

No, I do not.

DeGuerin: It's
important for the jury

to be able to identify with
a defendant in some way,

whether it's sympathy,
empathy, or...

simply believing the story.

♪♪

We had one goal

and that was telling
the whole story.

I wanna first ask you

about some of your
health problems.

Are you able to hear me

without using that
screen in front of you?

Carlos Leal: You're
looking at this old guy,

going, "Wow, could he
really have done this?"

You just don't know.

DeGuerin: I wanna start
with talking about

when you were a child.

Who, among your
family, did you favor,

and who among your family did
your brother Douglas favor?

[high-pitched, weak voice]

- [gentle music playing]
- [quiet laughter]

[inaudible]

- [splashing]
- [laughter]

[inaudible]

[whoosh]

[muffled cheer]

Bagli: Bob was
the oldest of four

and I think, to some degree,

he resented his siblings.

[waves washing ashore]

His hatred for his
brother Douglas

goes back to when
they were children.

Really small children.

And it's clear that he
really cherished his mother.

[birds chirping]

DeGuerin: How old were
you when your mother died?

Durst: I was 7 years
old when my mother died.

I looked out the window, and
there was Mommy on the roof.

She either jumped or fell

from the roof of our home.

[curious music playing]

DeGuerin: I think
it is important

in anybody understanding Bob

to know what he
had been through.

And the fact is that
he saw his mother die.

Were you there
when that happened?

I saw my mother
on the driveway...

in her nightgown.

[cloth flapping]

They say she died instantly.

David Chesnoff: This isn't
like Bob woke up one day

and decided to be the Bob he is.

Just like you and me,
we're all the product of

what led us to a point in time.

And he had a lot of things

that led him to
be the way he is.

♪♪

DeGuerin: I'm gonna change
subjects with you, Bob.

When you first met Susan Berman,

- did you and she hit it off?
- Yes.

DeGuerin: What did you find
in common with you and Susan?

[Durst speaking]

Carmen Kletecka: He has
a way of drawing you in

like the way a
child draws you in.

Something about him just
sort of makes you wanna...

help him.

♪♪

Milius: He takes the stand, and
I'm thinking to myself, like,

"This might actually
be a problem

because he's compelling."

I can see people going,

"I actually like this guy."

And that, like,

shifts the sympathy towards him.

Hon. Mark Windham: We're
all complex people,

and I think that that's what
Mr. Durst tried to share

and his lawyers tried
to share about him.

And I felt that the
defense was really good

at getting at the
emotion of a case.

Really good defense
lawyers can mine that

and, in the right
circumstances, can succeed.

Operator [on phone]: Hello.
This is a prepaid call from...

Durst [on phone]: Bob!

- Debrah Lee Charatan [on phone]: Hi.
- Durst: Debbie?

Charatan: How did it go today?

Durst: I'm not 100% sure.

I think we did pretty good.

Charatan: Okay, that's great.

Durst: How about
coming to visit me?

Charatan: Um...

Well, you know, I don't know.

[Durst speaking]

[Charatan speaking]

Windham: Ordinarily,
a spouse is present

when their spouse
is, is, is on trial.

We would've provided
a seat for her

but she had not been present
for any of the proceedings.

Bagli: Debbie made it
clear that she did not want

her name mentioned

if she could do
anything to avoid it.

[indistinct, muffled]

So she was monitoring
the trial from afar,

and she was doing so through

the presence of her own lawyer,

who attended the trial
every day for months

and was keeping an
eye on everything.

[mouthing]

- He's in the f*cking show, Charlie. Just...
- I know! Let him be in there!

I don't wanna be the one
that mentions his name!

[muffled chatter]

[Charatan speaking]

[Durst speaking]

- [rain pattering]
- [thunder rumbles]

Windham: You may resume
your direct examination

of Mr. Durst, the defendant.

DeGuerin: So now,
I wanna talk about

the fall of 2000.

Had you made plans

to spend Christmas
with Susan Berman?

Yeah.

DeGuerin: What route did
you take from San Francisco?

DeGuerin: And your
intent was to do what?

[Durst speaking]

DeGuerin: As you got
to Benedict Canyon,

what did you first see?

[doorbell rings]

And I knocked a few times.

[lock clicking]

DeGuerin: Did you have
a key to her front door?

[Durst speaking]

[dog barking]

DeGuerin: Did you see what the
liquid was that her head was in?

♪♪

DeGuerin: What was going through
your mind? What did you think?

[Durst speaking]

John Okanishi: When Bob
Durst took the stand,

he talked with such sincerity
that I believed him.

I thought, "I get the feeling
he's telling the truth.

He's going into so much detail."

He did have credibility.

♪♪

DeGuerin: And then what
happened from there?

DeGuerin: What did you
put on the envelope?

DeGuerin: And on the
inside, on the note?

DeGuerin: Did you lie
about it for years?

DeGuerin: Why?

[bird cawing]

[rattling, clang]

[tense music playing]

[DeGuerin speaking]

newscaster: Slow and methodical
seems to be how Durst

is telling his
side of the story.

And it seems that in
the past, he's been,

I don't know, somewhat
charismatic enough

to turn at least just one juror.

♪♪

DeGuerin: I thought
on direct examination,

Bob did quite well.

He knew what the
questions would be.

He knew what his
answers were gonna be.

They were basically softballs

that I pitched to him to hit.

But, of course, on
cross-examination,

Lewin would have the
chance to question Bob.

John Lewin: Okay, so
go ahead and call me...

[indistinct phone chatter]

Working on Bob's
cross-examination plan,

I thought, "How do I
kind of guide and steer

this trial and his testimony
where I want it to go?"

As I prepare, it's
just me and the boys

on the bed, getting
ready for trial.

Eugene Miyata: John was
working on the cross plan.

At various points, he did share
with us what was going on,

and we had input on, on
certain things. But, um,

you know, for the most part,
that was, that was his baby.

This is a prosecutor who
knows his case inside out.

This is a prosecutor

who is living to win
this case right now.

Lewin: I have a


of all of Bob's lies.

And during my
cross-examination of Bob,

there's a theme of
what I want to do.

♪♪

I wanna confront Bob on
all of his statements

and let the jury
see for themselves

that Bob is a pathological liar.

Bagli: It's the
heavyweight bout.

John Lewin, the prosecutor,

versus Bob Durst, the defendant.

The question is,
can Bob stand up to

what is clearly gonna be

a withering cross-examination
by this prosecutor?

- [clothing rustling]
- [line ringing]

[Durst speaking]

♪♪

Newscaster: When John Lewin gets
a chance to cross Robert Durst,

I can't even imagine
how this is gonna go.

Because, I mean, John Lewin...

[Windham speaking]

[Lewin speaking]

- Windham: Okay.
- [scattered laughs]

[laughter]

[Windham speaking]

Lewin: So, Mr. Durst,
Mr. DeGuerin called you "Bob."

So, you tell me, how do you
want me to refer to you?

I'm comfortable doing it
however you want to do it.

Do you want me to
call you "Bob"?

Do you want me to
call you "Mr. Durst"?

What would you prefer?

I thought he was gonna
be on his best behavior,

and he came off incredibly
aggressive right off the top.

Lewin: Okay, I'll
call you "sir."

Alright, sir. So, first
of all, how do you...

I wanted to make sure

that the first
thing I hit him on

had to do with the area that
I was most vulnerable on.

Bob lost his mom at age 7.

And that's a fact.

That's not a lie.
That's not made up.

Are there jurors who
are basically gonna go,

"Yeah, Bob k*lled three people.

"But you know what?

"It all started with his mom,

and it's very sad."

When you think
about these memories

of the four of you playing
UNO, throwing the Frisbee,

are those painful or are
those happy memories for you?

Happy memories.

Lewin: You could probably
close your eyes right now,

and you could literally
see the four of you

playing UNO,

throwing the Frisbee.

Is that accurate?

Yes.

And he's lying his a*s off.

It's not true.

Lewin: Your mom died in 1950.

- Is that correct?
- Correct.

Lewin: Mr. Durst, if
I were to tell you

that the Frisbee was not
invented until 1957...

[whooshing]

seven years after your mom died,

what would be your response?

I don't know.

Lewin: Would it surprise you to
find out that the game of UNO

was not invented until 1971?

Durst: It would
surprise me, yes.

Lewin: Well, I want you
to assume for a moment

that the Frisbee was
not invented until 1957

and that UNO was not
invented until 1971.

If that were true,
you would agree

that these memories
that you've described,

these emotional memories,

cannot be accurate.
Is that correct?

Correct.

[birds chirping]

[whoosh]

Within the first day, you know,

John Lewin's already
getting him on lies.

And that was such a
small detail, right?

And I'm thinking, "If John
Lewin's going to get him

"on this small of a detail,

Bob is gonna be up
there for a while."

Lewin: Alright, let's talk about
some other areas of untruthfulness.

You're used to, in your world,

saying whatever you wanna say,

and nobody really questions it.

You said that you were
not used to people

questioning your veracity.

Can you explain what
you mean by that?

- [quiet laughter]
- [upbeat music playing]

He was pretty funny at
times on the witness stand.

He has a sharp sense of humor.

You know, he knew how
to return the volley.

Lewin: You're smiling
again, and I just wanna ask

why you're grinning right now.

'Cause this is funny.

Lewin: What is...
What's funny about it?

You're asking me the
same question 15 times.

Windham: It's a peculiar
thing about criminal court.

You're dealing with

such tremendous
suffering and horror,

and yet,

you have the whole
of human experience

in that courtroom.

And there are humorous moments.

I mean, there's levity.

David Belcher: You
wanna talk about, like,

sort of a show-stopping
moment in the trial?

John's, like, asking a question,

and Bob has this tablet
to help him read.

And so, he's reading
the question,

and John's question was a
little bit too long, and so...

- A lot too long.
- A lot too long.

I think I need to
congratulate you.

You have just broken
your personal record.

You filled up 18
lines on my tablet.

[quiet laughter]

Lewin: And I wanna congratulate
you. You've set the perjury record.

DeGuerin: Objection,
Your Honor.

- Chesnoff: I'm moving for a...
- DeGuerin: Judge, you cannot let him get away with that.

Chesnoff: I have a
motion, Your Honor.

Okanishi: At some
points during the trial,

I actually felt kinda bad

for the defense lawyers.

Mr. DeGuerin would
stand up and object...

Windham: Overruled!

Okanishi: again and
again and again.

He almost seemed like
a jack-in-the-box.

Lewin: Have you ever
used those responses...

[DeGuerin speaking]

[Windham speaking]

Bagli: They didn't understand

the peculiarities
of California law.

DeGuerin: I found that
requiring a citation

to a particular
statute number was...

vexing, at first.

♪♪

[Windham speaking]

Lewin: Alright, let's move on.

Let's talk about Nick
Chavin for a moment.

[on TV] You agree that at the
time Kathie disappeared...

Nick Chavin: I was
eager to watch the trial

for two reasons.
I wanted to hear

what Bob was saying in general,

and also specifically about me.

Lewin: Would you
agree, Mr. Durst,

that the fact that
one of the two people

that you've said is one
of your best friends

has come into court
and has provided

extremely damaging evidence

in this case against
you? Would you agree?

Come on.

Lewin [on TV]: Then
why did you say that?

[Durst speaking]

I feel pretty good about...

Either way, whether
he's convicted or not.

That's a lousy thought to have.

Nick couldn't get to that point,

to think that this person
is capable of this.

He even testified against Bob,

and he's still conflicted.

He didn't wanna let his
brain go to that point

to understand that
because it's...

It just destroys you, I think.

Lewin: Would you
agree, Mr. Durst,

that if Nick Chavin's statement
about you confessing to him

is believed, that
that demonstrates

that you k*lled Susan Berman?

Lewin: Alright, let's
talk about Susan Berman.

You agree that Susan Berman was
your closest friend, correct?

Lewin: Mr. Durst, you stipulated
that you wrote the Cadaver Note,

and you agree that
once you stipulated

that meant, by necessity,

that you had found Susan's
dead body, correct?

Lewin: And it also meant

that you needed to
be able to explain

why it was you found yourself

at Susan's house,
with her dead body,

when you weren't
the k*ller. Correct?

[floor creaking]

George Shamlyan: When
Robert Durst took the stand,

he was trying to tell a
story which fit the evidence.

Coming here and
having staycation

with Susan Berman on those days,

and finding her body

and writing the Cadaver Note.

Lewin: Bob has a very
elaborate explanation

for what happened with
Susan. And, of course,

everything that he said is
bullshit about staycations

and how he found Susan's body.

But I need to conclusively prove

Bob is lying.

Tim Henderson: There's so
much evidence in this case

and some of it
became more relevant

after Bob chose to
get on the stand.

Shamlyan: As he
was testifying,

we remembered about
the day planner

that was recovered from
Susan Berman's house.

Henderson: A detective
goes down to evidence.

He grabs the day planner,

brings it to court the next day.

We're literally in
the back hallway,

and we're going through the
day planner page by page.

Miyata: Originally, our
tactic was gonna be,

let's look at it
over the lunch hour.

We can figure out how
we're gonna do this.

And then, that turned
into John saying,

"Gimme the planner!" Right?

"Because I wanna
question Bob about this."

Lewin: Alright, sir. We're gonna
show you Susan's day planner.

You recognize this to be
Susan's handwriting, correct?

[Durst speaking]

Henderson: Susan wrote every
single thing she was gonna do.

She would even write
things, cross them out,

cover it up with a Post-it,
and write new things.

She was meticulous with
what she was gonna do

the week she was k*lled,

and none of them were to have

a staycation with Bob.

Habib Balian: From the
day planner on this page,

which is open to December


for David Izenman Hair Studio.

Says, "December 28th at 11:00."

And then, on the 28th,
it says, "11:00, David."

Lewin: See that, Mr. Durst?

Would you agree that
on the 27th and 28th,

according to your testimony,

this is when you are supposed to
be on a staycation with Susan?

Is that correct?

We don't see any
Disneyland or Catalina.

Balian: The day planner
represented reality.

We had Bob on the stand
and his testimony,

which was fictional, right?

But you don't really
know it's fictional

until you critically analyze it.

And that fiction kinda got faced

with the reality
of the day planner,

and the two just collided.

Lewin: Do you see any
notation, Mr. Durst,

that references you?

[Durst speaking]

Henderson: Every single
day of that month,

she was writing things.

In fact, she was
gonna call Bobby

a few days after
she was m*rder*d,

which, obviously, she
wasn't able to do.

♪♪

Lewin: You see where
it says, "call Bobby"?

[Durst speaking]

Lewin: Are you aware that you
did not answer my question

in that answer
you gave? Or no?

[DeGuerin speaking]

Windham: Overruled!

Balian: Susan
Berman's day planner

really demonstrated that just
about everything Bob Durst

was saying on the
stand was false.

Because she spoke to us,

she spoke to that jury
through that day planner.

[tense music playing]

- [traffic noise]
- [wind blowing]

newscaster 1 [on radio]: Here we are,
a brand new day, a brand new week,

and Robert Durst's still
on the witness stand,

still on cross-examination,
fourth day of cross.

Newscaster 2 [on radio]: I really think
the prosecutor's still trying to prove

that there's so many lies
in this huge web of lies

that Robert Durst has
woven since the beginning

with the disappearance
of his wife Kathie.

Lewin: This trial, Mr. Durst,

as you are aware, alleges
a special circumstance

of witness k*lling.

That you k*lled Susan Berman

because you k*lled your wife,

and she helped you cover it up.

Lewin: Do you miss Kathie?

Yes.

Lewin: Tell me about her.

Lewin: What was she like?

[Durst speaking]

Lewin: Would you agree she was

a very bright young woman?

Lewin: Beautiful?

Lewin [on TV]: Would you
agree that she was close to

and devoted to her family?

Durst [on TV]: She was close
to her sisters and her brother.

[news jingle playing]

newscaster 1 [on TV]: Right now,
Robert Durst on cross-examination.

Newscaster 2 [on TV]:
Today is day five.

Tomorrow will be day six
of cross-examination.

Still plenty of
cross-examination to come...

Jim McCormack: The
trial in Los Angeles

was something that
I watched daily.

It has been a roller
coaster of emotions.

I want him to face up to his...

many, many transgressions,
especially against Kathie.

I want him to be
held accountable.

Lewin: It's your sworn
testimony that you have no idea

what happened to
Kathie, correct?

Durst [on TV]: Correct.

Lewin: Alright, Mr. Durst,
I wanna talk about

what has been referred to

as "the bathroom audio."

You're aware of this, correct?

Lewin: How did you feel

when Andrew Jarecki
is showing you,

"Here's the Sareb note.
Here's the Cadaver Note.

- Which one did you not write?"
- Yes.

Lewin: And you walked into
the bathroom right after that.

What did you say?

Lewin: Play the
clip for Mr. Durst.

- [clicking]
- [tense music playing]

[Durst groaning on TV]

Durst [on TV]: k*lled
them all, of course.

Lewin: Do you agree that
you said those five words,

"k*lled them all, of course"?

[Durst speaking]

Lewin: So you think
that you added

"they'll all think"
before the words,

"I k*lled them all, of
course"? Is that correct?

Please play it again.
Please play it right before,

and I want you to
listen very carefully.

I want you to tell
me when you hear

any of the words
you just described.

[Durst groaning on TV]

Durst [on TV]: k*lled
them all, of course.

Do you agree that in the
stipulated recording,

the unedited,
stipulated recording,

that the only words that are on
that recording at that section

are the five words, "k*lled
them all, of course"?

And would you agree, Mr. Durst,
that those five words

are extremely incriminating?

No?

Since you cannot
explain what is,

in essence can be argued as,

a confession, Mr. Durst,

why don't you just, right now,

put the facade down

and tell people what
actually happened?

Why don't you just
tell us right now,

get it out, and just
tell us what you did?

This is your shot!
Everyone's watching!

- The world's watching you!
- [laughs]

Here's your chance!
Tell them what you did!

[DeGuerin and Windham speaking]

- Lewin: Well, wait a minute.
- [court murmuring]

Why did you say you never said

you knew where
Kathie was buried?

You're saying that you don't
even know if Kathie's dead,

you don't even know
what happened to her.

Now, you're talking
about where she's buried.

Again, only the k*ller
could've known that.

How do you know
Kathie's buried at all?

DeGuerin: I wanted to stop
the cross-examination.

Bob was getting worse every day.

- [murmuring] - Lewin: I just
wanna ask you, Mr. Durst.

Have you been completely
honest with this jury

to the best of your memory?

Lewin: Would you lie under
oath to help your case?

If you had k*lled Susan,
would you tell us?

Michael Belcher: Bob
gave some very unusual

and, some might say,
extraordinarily honest answers

to some of John's questions.

I mean, who says that?

Lewin: How many
instances of perjury

do you think you have committed

during your testimony
in this trial?

Lewin: Bob, as usual,

is having to get around his lies

by telling bigger
and crazier lies,

and the lies are
like a snowball.

As they roll down the hill, the
lies get bigger and crazier,

until they basically are
a giant, huge snowball

out of a cartoon.

Once you admit
that you would lie

to keep from admitting
something damaging to the jury,

would you agree that
that pretty much destroys

any credibility you would have?

Lewin: So, there's perjury,
there's minor perjury,

then there's minor,
minor perjury...

I did limit him. I put a
limit. I can, and I did.

I think I helped guide him

to a slightly shorter
cross-examination

than we would
otherwise have had.

As it was, it was nine days.

That's the longest
cross-examination

I've ever seen or heard of.

Lewin: This is my last question.
As you sit here right now,

did you k*ll Susan Berman?

No.

Lewin: But if you had, you
would lie about it, correct?

- Correct.
- Lewin: Nothing further.

[chair creaking]

♪♪

- [leaves rustling]
- [phone clicking]

Hi.

Newscaster 1 [on TV]: At the
end of the day, it sounds like

Robert Durst taking the
stand was a big mistake.

Newscaster 2 [on TV]: The
decision lies with the defendant,

so it's only his decision.

Newscaster 3 [on TV]:
Yeah, I mean, look.

It was, it was
certainly a tough call.

I'm not gonna sit here and
question d*ck DeGuerin.

Bagli: Bob's legal expenses

for his defense in Los Angeles

soared to about $12 million.

You would've expected
a spectacular,

high-tech defense.

DeGuerin: Is this
when the g*n goes off?

Durst: Yes.

Bagli: But there were
glaring examples,

time and again, of
poor preparation.

- [stand rattling]
- [quiet chatter]

[indistinct]

[laughs]

Lisa DePaulo: I felt
bad for DeGuerin.

He was not at the top
of his game anymore.

He had to know that.

Whether you like Bob
Durst or hate him,

whether you think he's
a bad person or a liar,

your duty is to
say "not guilty."

Thank you.

♪♪

Lewin: I wanna thank
you all for your time

and for your attention.

This man has k*lled three
people in this case.

I don't care that he's old.

I don't care that he's
sitting in a wheelchair.

I don't care that he's sick.

It's irrelevant!

Do not let

this narcissistic psychopath

get away with what he has done.

There's one verdict in this
case, one verdict only.

That is guilty.

[Windham speaking]

newscaster 1: All the evidence is
in. The arguments have been made.

The Robert Durst trial is
now in the hands of the jury.

- [birds chirping]
- [news jingle playing]

newscaster 2 [on TV]: Breaking
news. The Durst trial has concluded.

Closing arguments,
rebuttal, all done.

And up next, the jury
has been sent to the room

- with all their instructions to deliberate...
- [phone buzzes]

newscaster 2 [on TV]: starting
a clock for the verdict watch...

Jim McCormack: We have
to just wait it out,

I guess, is the only
way to describe it.

And it's full of a lot
of stress and anxiety.

Newscaster 3 [on TV]: Jury deliberations
continue in the m*rder trial

for the 2000 m*rder
of his friend...

[tense music playing]

Hilda Weiss: There was
a whole lotta energy

by the time we got into
the deliberation room

of needing to talk
to each other,

one of the things that we
couldn't do all this time.

- [pens clicking]
- [papers rustle]

And then, asking ourselves

what evidence really
made a difference to us.

That's when things seemed to...

build intensity.

I stopped guessing about
juries a long time ago

because it's either
heart-breaking

or great exhilaration

and it doesn't do any
good to read tea leaves.

We begin this hour in
Los Angeles, California,

where day two of deliberations
in the Jinx m*rder trial

ended without a verdict.

[TV news chatter]

Nick Chavin: My wife and I
think about how our lives

would change depending
on the verdict.

The most frightening thing
for her is an acquittal,

which has the
madman on the loose.

[TV news chatter]

Terry Chavin: It's
really stressful.

Is it gonna be what we want?

Is it gonna be the
verdict we want?

You know, he m*rder*d
all these people.

How could we let somebody
out in our society,

prancing around,

acting like he didn't
do anything wrong

when we all see what he did?

Everybody sees what he did.

Jarecki: It doesn't feel real

because the anticipation's
been so endless.

And for Jim McCormack,
it's been 40 years

of this suspense.

Sharon McCormack:
It's been 40 years.

There's always bumps
and bumps and bumps

and brick walls, and it just,

it seems to never end.

I just, I pray every day.
I just want it to end.

Before our lives end,
I want this to end.

♪♪

Bagli: Something
was in the air

and I wasn't sure what it was.

Then, a court administrator

comes out and whispers,

"We got a verdict."

- Sharon McCormack: Oh, my God!
- Speaker: Oh, my goodness!

Sharon McCormack: Oh, my
God, guys! I'm actually...

I'm already crying, I'm
so worried about this...

Don't cry. Just get-get
me another beer, please.

- [foreboding music playing]
- [courtroom chatter]

Windham: I was informed

that they would not
transport Mr. Durst to court

because he had been
exposed to COVID.

Newscaster: Robert
Durst is being isolated

after possible COVID exposure.

- [TV chatter]
- Now, they're arguing about

the process of actually
reading the verdict

for our isolation-bound
defendant.

What a joke.

♪♪

[quiet chatter]

Weiss: Mr. Lewin was
looking at the jurors.

It did go through my mind, "Boy,
I wouldn't wanna be sitting

[laughs] in his
seat right now."

You don't know for sure
what's going to happen.

Windham: Has the jury
reached a verdict?

Juror: Yes, we
have, Your Honor.

- [TV chatter]
- Oh, this is t*rture.

This is t*rture.

[somber music playing]

clerk: Superior Court of
California, County of Los Angeles,

the People of the State of
California versus Robert Durst.

[on TV] We, the jury, in
the above-entitled action,

find the defendant,
Robert Durst...

- guilty of the crime...
- [cheering, clapping]

in violation of penal code
section 197, section...

- Oh, my God, Jim. Oh, my God.
- God. See?

Oh, my God. I'm sorry.

[sniffles, indistinct]

speaker: That's,
like, so wonderful.

Sharon McCormack: You
don't know what it is.

- [clerk continues indistinctly]
- [sniffles]

Lester Holt: Breaking news
tonight in the m*rder trial

of multimillionaire real
estate heir Robert Durst.

Robert Durst is found
guilty of m*rder.

Breaking news. Robert
Durst convicted

of murdering his
best friend in a case

that dates back 20 years.

Newscaster: The guilty verdict
returned in the last hour...

Jarecki: Bob Durst
was just convicted

of first-degree m*rder
of Susan Berman,

and, uh...

[sighs]

people are very emotional
about this, me included.

[TV chatter continues]

[weak laugh]

It's hard for Nick to, um...

You know, he saw
two different Bobs.

I have different feelings

than everyone else in
this room about Bob.

Look, she's...

[Jarecki speaking]

[TV news chatter continues]

- [door creaks]
- [distant siren]

[shutters snapping]

Lewin: We just feel
really gratified that,

finally, he's been held
accountable for what he's done.

It's been 40 years. You
know, he's 78 years old,

and he's been walking
around for a long time.

He had a lot more of a life...

You know, Kathie didn't make 30.

- Okay, guys.
- Reporter: Thank you.

- [suitcase rattling]
- [reporters chattering]

♪♪

Jarecki: How did Bob find
out about the verdict?

I don't know.

His lawyers' duty would be to
tell him about the verdict.

Jarecki: Do you
remember how Bob learned

about the verdict, if
he wasn't in court?

No, I don't.

Jarecki: Do you know how he
found out about the verdict?

That's a good question.

I really don't,
Andrew. I'm sorry.

[birds chirping]

Bagli: The day that the
jury returned its verdict,

Bob was in his cell.

And his lawyers left town

immediately afterward
without speaking to him.

[breeze blowing]

Nobody told Bob
until the next day

that he had been convicted.

None of Bob's lawyers
told him he was convicted?

None of the four members
of the defense team.

Jarecki: Somebody
must've told him.

- Somebody else.
- [sniffs] Somebody else.

[ominous music playing]

interviewer: Do you know
who informed Robert Durst

that the jury had
found him guilty?

- Yes, I do.
- Interviewer: And who was that?

That was me.

Interviewer: And
where did you do that?

At the Los Angeles County Jail.

♪♪

Jarecki: And what was
Alan's role in the case?

He was there, I think, as
a representative of, uh,

of Debbie as a lawyer.

- interviewer: Are you currently an attorney?
- Yes, I am.

Interviewer: And what type
of law do you practice?

- It's criminal defense.
- Interviewer: Okay.

Jarecki: Why did
Debbie need a lawyer?

I don't know. You'd have
to ask Alan or Debbie.

Maybe you'll get a
chance. I don't know.

Interviewer: Without
divulging any

attorney-client
privileged communications,

do you have an understanding
as to why Ms. Charatan

retained a criminal attorney?

I know why she retained me.

[dramatic crescendo]

["Suicide" by
Mondo Boys playing]

♪ I'll tell ♪

♪ You a thing ♪

♪ I heard ♪

♪ Down at the spot ♪

♪ That God ♪

♪ I've been prayin' ♪

♪ So take everything you got ♪

♪ Put 'em all together,
shake it side to side ♪

♪ Mix it up and
call it suicide ♪

♪ Put 'em all together,
shake it side to side ♪

♪ Mix it up and
call it suicide ♪

[vocalizing]

[vocalizing]

[vocalizing]

♪ Put 'em all together,
shake it side to side ♪

♪ Mix it up and
call it suicide ♪

[vocalizing]

♪ Put 'em all together,
shake it side to side ♪

♪ Mix it up and
call it suicide ♪

[vocalizing]

[song fades out]