Robert Durst, the New York real estate heir whose life became the subject of a Hollywood film and an HBO documentary, was sentenced to life in prison for murder in California.
Credit...Pool photo by Myung J. Chun

Robert Durst Charged With Murder in 1982 Disappearance of His Wife

Mr. Durst was recently convicted of murdering a friend because of what she knew about his wife’s disappearance from their Lewisboro, N.Y., home.

· NY Times

When Kathie McCormack Durst, the young wife of a Manhattan real estate heir, vanished from her Westchester County, N.Y., home on a cold, rainy night in 1982, she left an enduring mystery that has tormented her family and friends and fascinated investigators and the public ever since.

On Tuesday, Joseph Becerra, a State Police investigator, quietly filed a criminal complaint in Lewisboro, N.Y., charging the man who many had long suspected of killing her: Ms. Durst’s husband, Robert A. Durst, the notorious estranged son of the storied family that built some of New York City’s most recognizable buildings.

The second-degree murder complaint, which precedes a formal murder charge, was filed only days after Mr. Durst, who is 78 and frail, was sentenced to life in prison for the 2000 murder of Susan Berman in Los Angeles.

The jury in Los Angeles also found that the prosecution had proven special circumstances in the execution-style murder of Ms. Berman, who was Mr. Durst’s confidante and had served as his spokeswoman when his wife died: Mr. Durst killed her because he feared that she was about to reveal to investigators what she knew about the disappearance and murder of Kathie Durst.

Ms. Durst’s disappearance nearly 40 years ago marked the beginning of a long, strange, cross-country saga as the authorities sought to ensnare Mr. Durst, who was eventually tried for two other murders. But Mr. Durst proved a cunning, if odd, foe for investigators. Until this month, he had never been convicted despite decades of suspicion and occasionally incriminating behavior.

Mr. Becerra, who declined to comment, has been involved with the case for more than 20 years, and is one of the investigators who has been working on a case against Mr. Durst that is being pursued by Miriam E. Rocah, the Westchester district attorney. Her office is bringing about two dozen witnesses before a grand jury with the goal of charging Mr. Durst with murder, according to three people with knowledge of the proceedings.

Mr. Becerra’s single-page complaint is short on details. It says that the grounds for the allegations against Mr. Durst are contained in the files of the Westchester district attorney, the New York State Police and the Los Angeles district attorney, as well as “conversations with numerous witnesses and observations of defendant’s recorded interviews and court testimony in related proceedings.”

The charge offers the promise of a resolution to a case that has long been the focus of speculation, but has provided precious little real evidence; Ms. Durst’s body was never found, and there was no official crime scene. But whether the new charge, and an eventual indictment, will provide new details of Ms. Durst’s disappearance remains unknown.

Robert Abrams, the attorney for Kathie McCormack Durst’s family, expressed surprise at the news of the complaint. “My clients, Kathie’s siblings, and I were unaware of this development,” he said. “Sometimes it takes 40 years for justice. We are grateful for the work, dedication and commitment of District Attorney Rocah and her staff.”

In an email, a spokeswoman for the district attorney’s office confirmed that the criminal complaint had been filed but declined to comment further.

The new murder charge comes as Mr. Durst’s survival appears to be in question. Mr. Durst, who has been held in the medical ward of Twin Towers Correctional Facility in Los Angeles for the past five years, recently tested positive for Covid-19 and was put on a ventilator.

Mr. Durst’s lawyers have filed notice that they intend to appeal the Los Angeles conviction. Mr. Durst has yet to retain a lawyer in New York.

Over the course of four decades, Mr. Durst has crisscrossed the country under a cloud of suspicion, inspiring a film, a documentary, books and numerous TV specials.

He is the eldest son of a New York real estate titan, Seymour Durst, and the family empire is now valued at about $8 billion. But Mr. Durst has been estranged from his family since the mid-1990s, when his younger brother Douglas was tapped to take control of the family business.

He met Kathie Durst, the youngest daughter of a lower-middle-class family from Long Island, in 1971. He was nine years older and a wealthy bachelor, and they married after a whirlwind romance. After several years, their relationship started splintering. Kathie began taking a more independent path, attending nursing school before entering the Albert Einstein College of Medicine.

But after a January 1982 weekend at their stone cottage on Truesdale Lake about 50 miles northeast of Manhattan, Ms. Durst was never heard from again. Mr. Durst told the police that he put his wife on a Manhattan-bound train in nearby Katonah. Kathie Durst, who was months away from graduating from medical school, planned to start a clinic rotation the next day.

Prosecutors in Los Angeles said that Ms. Berman, at Mr. Durst’s behest, made a crucial phone call pretending to be Ms. Durst that made it appear as if she was still alive and redirected the investigation away from Westchester.

At first, with no charges filed, Kathie Durst’s disappearance fell from the headlines.

But in 1999, Mr. Becerra got a tip. The tip did not pan out, but he became engrossed in the case and interviewed many witnesses, leading the Westchester district attorney to reopen the investigation in 2000.

Understand the Robert Durst Case


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A high-profile murder. On Oct. 14, Robert A. Durst was sentenced to life without parole for the 2000 killing of Susan Berman, a journalist and close confidante. Mr. Durst, onetime heir to a New York real estate empire, was convicted of first-degree murder by a jury in September. Here is what else you should know:

The verdict. The jury found that Mr. Durst shot Ms. Berman after he entered her home at the edge of Beverly Hills, acting out of fear that Ms. Berman would tell investigators what she knew about the 1982 disappearance of his first wife, Kathie McCormack Durst.

“The Jinx” factor. Some of the most damaging evidence in the Berman case came from interviews that Mr. Durst had given to the producers of an HBO series, “The Jinx: The Life and Deaths of Robert Durst.” The documentary, which aired in 2015, led to Mr. Durst’s arrest in the same year.

His wife’s disappearance. Kathie McCormack and Mr. Durst married in 1973, but their union was soon rocked by emotional and physical violence. Mrs. Durst vanished on Jan. 31, 1982. She was later declared legally dead. Prosecutors said that Ms. Berman had helped Mr. Durst cover up his wife’s disappearance and death.

A case spanning decades. Despite several investigations, Mr. Durst was able to avoid charges in connection with his wife’s disappearance for nearly 40 years. But on Oct. 19, 2021, a criminal complaint was filed in Lewisboro, N.Y., charging him with second-degree murder.

Yet another murder. In 2003, Mr. Durst stood trial for the murder of Morris Black, a neighbor in Galveston, Texas. A jury acquitted him, despite his testimony that he had carved up Mr. Morris’s body. Mr. Durst fled to Texas, posing as a mute woman, after investigators reopened the case into his wife’s disappearance.

Mr. Durst fled New York after learning that the investigation was once again live.

Mr. Durst has since admitted that he lied to police about his whereabouts at the time his wife vanished. Evidence and testimony presented at trial in Los Angeles indicated that Mr. Durst had engaged in an escalating pattern of emotional and physical violence against Ms. Durst. He has insisted he did not kill her.

Ten months after Ms. Berman’s death, Mr. Durst was arrested in Galveston, Texas, in the murder and dismemberment of a man who lived across the hall from him in a rooming house where Mr. Durst was posing as a mute woman. At trial, Mr. Durst claimed that the man died as a result of an accident as they grappled over a gun. He was acquitted of murder.

Mr. Durst has proved to be a compelling figure since 1982, when the front- page headline of the New York Post announced: “Vanishes! Search for beautiful wife of developer.”

The mysteries surrounding him would fade from time to time, only to resurface again with new details. Mr. Durst’s flat affect, dry humor and penchant for skirting so close to the truth in interviews proved irresistible.

But the case was also plagued by a flawed investigation in New York and overconfident prosecutors in Texas. When he finally stood trial in Los Angeles, Mr. Durst was eager to engage with John Lewin, a prosecutor, on the first of 14 days on the stand. As his own lawyer prepared to begin his questioning, Mr. Durst signaled a sly confidence: “Why don’t you let John tell you what questions he wants me to answer,” Mr. Durst remarked.

During his cross-examination, Mr. Durst’s testimony was full of stories overflowing with detail that often conflicted with the evidence or prior statements that he seemed to have forgotten. In one instance, he admitted writing an incriminating message known as the “dig note” — a possible to-do list found in a wastebasket in his Westchester house in 1982. He testified that the word “dig” in the note referred not to digging a hole for his wife’s body, but to “digital,” though that word was not commonly used 39 years ago.

In the end, Mr. Durst met his match in Mr. Lewin, a cold case expert with a winning record who told the jury that he would prove that Mr. Durst had killed not just Ms. Berman but two other people: Ms. Durst and Morris Black, his friend in Galveston.

After a grueling trial interrupted by a 14-month hiatus because of the pandemic, the jury agreed with Mr. Lewin’s account. Jurors acknowledged afterward that they did not know exactly what happened to Kathie Durst in Westchester County, but they were convinced that Mr. Durst was responsible.

Mr. Durst became something of a national sensation in 2015, after the broadcast of a six-part HBO documentary, “The Jinx: The Life and Deaths of Robert Durst.” He provided the filmmakers with 20 hours of interviews and access to 60 cartons of personal papers, legal documents, credit card bills and phone records. The raw tapes from “The Jinx,” in which Mr. Durst made a number of damaging admissions, were played in court in Los Angeles.