Had his attorneys succeeded, they presumably could have forced the filmmakers to turn over raw footage, documents and other material they gathered while making the six-part HBO series “Jinx: The Life and Deaths of Robert Durst.”
Ruling on what he said was an issue of first impression, Superior Court Judge Mark E. Windham found that Durst’s defense team had not succeeded in showing that the filmmakers and their production company, Hit The Ground Running, became so entangled with Los Angeles law enforcement while investigating the case that they should be treated as government agents.
The issue was one of several to go against Durst during the daylong hearing in Windham’s court, including a defense motion to kick the chief prosecutor, Deputy District Attorney John Lewin, off the case for being so deeply involved in the years-long investigation that he might have to be called as a witness.
Durst is to go to trial in January for the execution-style murder of his best friend, Los Angeles writer Susan Berman. Lewin and his team believe Durst killed Berman to keep her from giving New York investigators evidence that he had murdered his first wife, Kathie Durst, back in early 1982.