Durst, 74, was charged with the first-degree murder of his friend Susan Berman, whom prosecutors claimed he killed in order to cover up his murder of his wife, Kathleen McCormack.
Berman was slaughtered in Benedict Canyon (a wealthy enclave of Los Angeles) in 2000 and Durst was ultimately charged with her murder, with a trial slated to begin in April 2018.
Durst's attorneys tried to claim that any testimony from friends revealing what Berman told them about his guilt should not be allowed in at the trial because it was hearsay, but the documents obtained by Radar show the prosecution's arguments for allowing the testimony during his murder trial.
Berman and multi-millionaire Durst had been friends for decades and prosecutors claimed: "Her statements are trustworthy," and that all of her conversations should be allowed into the trial in documents filed on March 9, 2018.
"Fundamentally, Susan would not have lied to hurt someone whom she loved so dearly, who reminded her of her father, and whom she idealized," the documents obtained by Radar said about Berman's veracity.
Berman allegedly told many close friends about her relationship with Durst and her knowledge of the death of McCormack and Durst's attorney's tried to keep the testimony from the trial.
"Her statements about her role in creating an alibi for Defendant, both generally and specifically, necessarily inculpated him," the prosecutors claimed about Berman. "Her statements indicating his admission to killing Kathie inculpated him directly. Given Susan's unique and extremely close relationship with Defendant, she would have been substantially more likely to deny that she had assisted in a cover-up when she had done so, rather than to make up the false story that Defendant was involved in the first place," the documents stated.
Prosecutors claimed that Berman's conversations about Durst and the murder of his wife with others should be admissible.
"Susan would not have lied to put him in harm's way. She had every incentive to protect Defendant and a strong disincentive to make up lies that would have exposed him to criminal prosecution. The evidence demonstrates that Susan would have lied to protect her closest friend, and that, in fact, is exactly what she did. These statements are inherently trustworthy."
Durst was scheduled to stand trial for the murder of Berman beginning in April 2018.
Stay with Radar for updates to the story.
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