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Is Robert Durst’s ‘Murder Confession’ Admissible In Court?

March 17, 2015

James and I had lunch at our home with our attorney friend where topics fly all over the place.  It is the type of atmosphere that I most enjoy.

One of the issues up for discussion was whether the ‘murder confession’ of Robert Durst would be admissible in court.  This is exactly the type of real world case where having a legal mind to question comes in handy.

Here is what Mr Durst said to himself in the bathroom

You’re caught. You’re right, of course. But you can’t imagine. Arrest him. I don’t know what’s in the house. Oh, I want this. What a disaster. He was right. I was wrong. And the burping. I’m having difficulty with the question. What the hell did I do? Killed them all, of course.”

The feeling from our friend that it is likely to be admissible.  Already being tagged with a microphone even though in the bathroom would seem to limit his attempt to have his words dismissed.  I did not ask the attorney if not being seen in the bathroom ranks higher for privacy issues than the right to be heard, but I suggest that might be the case legally speaking.

From my sense of the law the most likely confessions to be suppressed are those in police custody that appear to be coerced.  That clearly was not the case with Durst.

This case makes for a remarkable back-and-forth conversation around the kitchen table.

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