By: Robert A. Bianchi, Esq.
The Robert Durst case keeps getting stranger and stranger. But then again, Robert Durst is a strange guy. I think there is a point that needs to be emphasized in this case, and from my experience that is a very important one.
Like many homicide cases that we have tried as New Jersey Prosecutors and New Jersey Criminal Defense Attorneys, the fact that someone knows of a murder does not mean that they were the person that murdered the victim.
In this case, there is very powerful direct and circumstantial evidence that Durst knew of the murder. But, that is not the end of the inquiry, although many times police and prosecutors do not pursue other evidence that would directly tie someone like Durst into the actual murder itself. And, the court instructs jurors at the end of any criminal case that the defendant may be found not guilty based upon the evidence and/or the lack of evidence with things that they should have done, but did not. Hence, prosecutors jumping to conclusions and/or not pursuing continued leads can be very damaging to the prosecution’s case.
Working investigations and putting a case together that will withstand the rigors of proof beyond a reasonable doubt to convince all 12 jurors in a criminal case is difficult. Prosecutors have to be very careful to fill in this gap with solid evidence that the killer was Durst. The defense attorneys will assuredly be hammering this point, if the envelopes are the only evidence the prosecution has to tie Durst into the murder. If it is all of the evidence they have, to me the likelihood of a conviction is in great peril.
Stay tuned for more as the attorneys at The Bianchi Law Group are asked by media outlets to comment on the details of this case as it moves forward.