“We are very concerned about his health,” Durst’s attorney Dick DeGuerin told CNN. “He really went under in the last year. He was often in clinics and hospitals.”
Durst, heir to a New York real estate empire, was present at his last trial on March 17th.
The defendant looked frail and wore a green medical mask over his face with a strap dangling under his chin. Durst spoke briefly in a high, thin voice, much weaker than at his last court hearing.
Citing Durst’s physical incompetence, Durst’s lawyers requested bail in the most recent petition. The LA County Sheriff confirmed to CNN that Durst is still being held in the Twin Towers Correctional Facility in Los Angeles.
Durst’s legal team stated that he would be willing to adhere to strict terms and conditions if he were released into a medical facility for treatment, including GPS monitoring, a heavy bail and paying for his own security.
The motion argues that the criminal case is “stressful for a healthy person, let alone a 78-year-old man with serious health problems including bladder cancer, previous esophageal cancer, malnutrition, coronary artery disease with drug-eluting stents, atrial fibrillation and chronic kidney disease.”
Durst is accused of shooting his close friend Susan Berman in the head on December 23, 2000 at her Beverly Hills home, allegedly to deter her from incriminating him in the disappearance of his first wife, Kathleen McCormack.
Durst pleaded not guilty of first degree murder and denied killing Berman.
The trial was initially suspended in March 2020 after only a few days of testimony because of the coronavirus pandemic. It was originally supposed to resume in July but has been postponed again. The trial is scheduled to continue on May 17th.
The HBO documentary examined Durst’s behavior and the circumstances surrounding the women in his life. In the final moments of the series finale, Durst walked into the bathroom, apparently not realizing that his microphone was still on.
“There it is. You are caught,” he said. He went through a series of seemingly disjointed sentences before saying, “He was right. I was wrong.”
Then he mumbled, “What the hell did I do? Killed everyone of course.”
The defense has announced that Durst’s statements have been heavily edited and not voiced in the order in which they appeared in the documentation.
CNN’s Alexandra Meeks and Dakin Andone contributed to this report.