CONECIRM JACKIE LACEY ORIGINAL 1 District Attorney surafectngf JOHN LEWIN (State Bar No. 154338) 2 HABIB A. BALIAN (State Bar No. 179344) MAR .42 DAVID YAROSLAVSKY (State Bar No. 255574) Deputy District Attorneys 3 Sherri R. Wm, thigleUtive OffloeliClork 211 West Temple Street, Suite 1130 A By: Robin Armstrong, Deputy Los Angeles, CA 90012 (213) 257-2242

5 Attorneys for Plaintiff

6

7 SUPERIOR COURT OF THE STATE OF CALIFORNIA

8 FOR THE COUNTY OF LOS ANGELES

9

10 PEOPLE OF THE STATE OF CALIFORNIA,) CASE NO.: SA089983

11 Plaintiff, ) NOTICE OF MOTION; MOTION TO ) ADMIT DEFENDANT'S ACTS OF 12 vs. ) DOMESTIC VIOLENCE AND ) EMOTIONAL ABUSE AGAINST 13 ROBERT DURST, ) KATHIE DURST; MEMORANDUM OF ) POINTS AND AUTHORITIES IN 14 Defendant. ) SUPPORT THEREOF; DECLARATION ) OF- JOHN LEWIN IN SUPPORT 15 ) THEREOF

16 ) DEPT: 81 ) DATE: April 16, 2018 17 ) TIME: 10:00 a.m.

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19 Deadline

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25 TO THE HONORABLE JUDGE MARK E. WINDHAM, TO THE CLERK OF THE ABOVE-

ENTITLED COURT, AND TO THE DEFENDANT AND HIS ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on April 16, 2018 at 10:00 AM, or as soon thereafter as can be heard in Dept. No. 81 of the above-entitled court, located at 11701 La

Cienega Blvd., Los Angeles, CA, 90045, the PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff, will move the Court to rule on the admissibility of evidence regarding Robert Durst's acts of domestic violence against his former wife, Kathie Durst.

This motion is brought pursuant to sections 402 and 1101(b) of the Evidence Code and is based upon the attached declaration, the attached memorandum of points and authorities filed herein, all other papers and pleadings in the Clerk's file in this action, and any oral or documentary evidence to be presented at the hearing of this motion.

DATED: March 22, 2018 JACKIE LACEY District Attorney

By:

1 Joh ewin DeadlineDei y District Attorney 1 MEMORANDUM OF POINTS AND AUTHORITIES

2 I. INTRODUCTION

On the evening of January 31, 1982, defendant Robert Durst ("Defendant") killed his

j wife, Kathleen Durst ("Kathie"), in Westchester County, New York. At that time, Defendant

5 confided in his best friend, Susan Berman ("Susan"), that he had killed Kathie and enlisted

. 6 Susan's help to cover up his crime. Defendant then initiated an elaborate plan to avoid detection,

7 prevent arrest, and ultimately escape justice. This plan included, among other things, using Susan

to assist in the cover-up of Kathie's death to confuse and misdirect New York authorities into

8 believing that Kathie was alive and voluntarily disappeared on her own accord. With Susan's

10 help, Defendant's plan succeeded and, for thirty-six years, he has escaped justice for his wife's

11 death.

12 In November 1999, nearly twenty years after killing Kathie, Defendant faced a new

13 obstacle: New York authorities had launched a reinvestigation into Kathie's disappearance.

14 Defendant has admitted that by October 31, 2000, he had learned that the reinvestigation was

15 about to be exposed in the New York press. Terrified and panicked that his involvement in

16 Kathie's death would be discovered and that he would be arrested, Defendant again initiated a

17 plan to avoid detection, prevent arrest, and ultimately escape justice. This renewed plan included,

18 among other things, fleeing from authorities, concealing his true identity, and ultimately killing

19 and silencing two crucial witnesses.Deadline Stage one of the plan focused on Defendant's close friend

20 and confidante Susan Berman, the one person he believed could connect him to Kathie's death.

21 Late in the evening of December 22 or early in the morning of December 23, 2000, Defendant

22 entered Susan's residence and shot her at close range, "execution style." Approximately nine

23 months later, on September 28, 2001, Defendant killed and dismembered his Galveston, Texas

24 neighbor, Morris Black ("Morris"). Morris was the only person in Galveston (where Defendant

25 was hiding as a fugitive from the reinvestigation) who knew Defendant's true identity. Morris also knew that Defendant had been in Galveston for eleven months living under a false name and, at times, posing as a woman.

To truly understand Defendant's history of murder, however, it is important to understand that all of Defendant's subsequent criminal conduct can be traced back to his original killing of his wife Kathie decades earlier, and his subsequent efforts to avoid criminal culpability for her death. It is equally important to note that before Defendant killed Kathie in 1982, he had a history of emotionally and physically abusing his wife. This history of control and abuse was observed by friends and family, catalogued in Kathie's journal, and, most importantly, freely admitted by Defendant during his multiple interviews with the filmmakers of the HBO documentary, The Jinx: The Life and Deaths of Robert Durst.1

These acts of domestic violence and emotional abuse, detailed below, are directly relevant to demonstrate that Defendant killed his wife, which in turn is necessary to prove the special circumstance of "witness killing" alleged in this case. To meet their burden, the People not only need to prove that Defendant killed Susan, but that he did so to prevent her from testifying to what she knew regarding Defendant's culpability for Kathie's death. In essence, everything related to Susan's murder originates with Defendant's original killing of his wife and

Susan's knowledge and participation in the cover-up.

As explained below, all of Defendant's acts of domestic violence and emotional abuse against and involving KathieDeadline Durst are admissible pursuant to Evidence Code section 1101(b) for three independent reasons: 1) each instance of domestic violence and emotional abuse shows that

Defendant sought to control Kathie through fear, emotional abuse, and violence; 2) each act of domestic violence and emotional abuse is evidence of Defendant's motive to eventually kill

Kathie; and 3) as Defendant was the only person to subject Kathie to emotional torment and violence on a regular basis, his actions are highly probative of his identity as her killer.

1 In The Jinx, the filmmakers conduct in-person interviews with dozens of individuals regarding Defendant's life, his relationship with each victim he killed, and his explanation of events and evidence. Accordingly, and as explained further below, the People seek an order by this Court that

Defendant's acts of emotional abuse and domestic violence be admitted pursuant to Evid. Code

3 section 1101(b).

4 II. FACTUAL BACKGROUND

A. Overview

As frequently occurs in abusive relationships, Defendant's marriage to Kathie always

7 contained an unequal power dynamic. (Lewin Decl., Ex. 1, [Defendant's Interview, Dec. 12,

8 2010], p. 27:16.) When they met, Defendant was in his late twenties and Kathie was in her late

9 teens, a difference which Defendant described as "a long time," "age-difference-wise." (Id. at pp.

10 109:14-15; 111:17-25.) Defendant was the wealthy scion of a prominent real-estate mogul,

11 whose company owned a substantial amount of property in New York City, while Kathie was

12 from a blue-collar, working-class family on Long Island. (Id. at pp. 43:17-19; 48:1-5; 105:2-3;

13 110:22-23; 112:2-14; 154:7-9.) When Defendant met Kathie, she was renting an apartment in a

14 building Defendant's family owned. (Id. at p. 116:12-14.) As defendant has explained in his own

15 words about how he viewed Kathie's family, it was "more than meet[ing the average American

16 family.] Bob is forced to spend time with the average American family . .. . I just kept feeling

17 like I should show them that I hate — despise these things that they do." (Id. at p. 48:1-10.)

18 Defendant maintained this unequal dynamic through power and control, which he exerted

19 in every aspect of the relationship.Deadline (Lewin Decl., Ex. 1, [Defendant's Interview, Dec. 12, 2010],

20 p. 27:16.) Defendant controlled Kathie financially. He was the beneficiary of a substantial trust

21 fund and gave Kathie a small budget to live on. (Id. at p. 96:6-9.) Defendant controlled Kathie's

22 decisions. For example, when they ate out, Defendant would choose what they both ate. (Id. at p.

23 28:18-25.) When Kathie became pregnant, Defendant forced her to have an abortion. (Id. at pp.

24 30:7-10; 55:9-13.) As Defendant admitted, "I was always, always, always very controlling."

25 (Lewin Decl., Ex. 2 [December 10, 2010 DVD Commentary Transcript] p. 30:7-8 [emphasis supplied].)

However, as Kathie matured, she became more and more confident and grew increasingly independent from Defendant. When Defendant refused to have children, Kathie elected to go to college where she completed a degree in nursing. (Lewin Decl., Ex. 1, [Defendant's Interview,

Dec. 12, 2010], p. 201:2-3.) While in school, she slowly realized that she was a talented student and, after graduation, took the huge step of applying to, and then attending, medical school. (Id. at pp. 170:15-16; 196:22-24; 197:9-199:25.) This academic success led Kathie to a greater degree of confidence and independence, but it also resulted in a loss of control for Defendant.

(Id. at pp. 28:11-13; 163:17-20; 195:3-8; 201:8; 249:19-21; 251:1-3.) He responded to this changing dynamic with threats and emotional abuse, which, over time, escalated into frequent episodes of physical violence.

Amid this cycle of abuse as outlined below, Kathie attempted to escape by aggressively pursuing a divorce and its accompanying financial settlement. (Lewin Decl., Ex. 1, [Defendant's

Interview, Dec. 12, 2010], p. 28:3-14; see also id. at p. 273:17:18 ["Drinking wine, she [Kathie] would do. Talking about divorce, she would do all the time."].) Defendant saw this as an effort by Kathie to exert control over him. (Id. at p. 28:7-9; see also Lewin Decl., Ex. 2 [December 10,

2010 DVD Commentary Transcript] pp. 36:6-11.) Defendant, who had not responded well to his wife's burgeoning independence,Deadline responded even worse to her efforts to secure a substantial divorce settlement.

Like many abusive relationships, Defendant's escalating pattern of power, control, and violence culminated in Kathie's death. On January 31, 1982, Kathie had attended a gathering at a friend's house in nearby Connecticut. (Peter Schwartz Conditional Examination, July 24, 2017, p. 11:13-14.) While there, Kathie spoke with Peter Schwartz ("Schwartz") over the phone and learned that his case against Defendant for the face-kicking incident was being dropped. (Peter Schwartz Conditional Examination, July 24, 2017, pp. 42:6-52:23.) As Schwartz and Kathie spoke, she became increasingly aggravated. (Ibid.) Schwartz later related that Kathie was upset that the case was being settled and that it would reduce her leverage against Defendant in the divorce. (See Lewin Decl., Ex. 3 [Nov. 7, 2000 Becerra Notes of Schwartz Interview].) After their phone conversation, Kathie, drove home to the South Salem cottage, where Defendant admitted they had a "pushing and shoving" argument. (Lewin Decl., Ex. 1 [Interview of Robert

Durst, Dec. 12, 2010], p. 277:24 — 279:10.) Defendant has steadfastly maintained that after this argument, he dropped Kathie off at the train station and she headed home to their penthouse in

New York City. (See, e.g., id. at p.280-281.) Defendant originally told investigators in 1982 that he and Kathie had spoken late that night after she arrived back in New York City, but he has now conceded that he lied to investigators and that no such conversation with Kathie ever took place.

(Compare Lewin Decl., Ex. 4, [Defendant's Interview, Dec. 13, 2010], pp. 43-44 with id. at pp.

49; 127 and with Lewin Decl., Ex. 1, [Defendant's Interview, Dec. 12, 2010], pp. 293:8-13;

303.) The evidence will establish that the reason that Kathie was never seen nor heard from again after she left the gathering in Connecticut, is that Defendant killed her that evening in their South

Salem cottage and subsequently disposed of her body. In fact, Defendant admitted to Susan that he killed Kathie. (See, e.g., Chavin Conditional Examination Transcript, Feb. 16, 2017, AM, pp.

79:27-28; 80:1-4.) The evidence will establishDeadline that in order to avoid responsibility for Kathie's killing,

Defendant concocted a scheme to make it appear that she had made it back to their penthouse in

New York City and was still alive the day after he killed her. As a part of this plan, Defendant recruited his close friend Susan Berman to call the medical school pretending to be Kathie. (Obst

Conditional Examination Transcript, Apr. 26, 2017, pp. 31:6-7; 35:14-21; 39:2-11; Chavin

Conditional Examination Transcript, Feb. 16, 2017, AM, pp. 79:27-28; 80:1-4.) In addition,

Defendant waited five days to report her missing, and when he did finally contact authorities, he 1 reported her missing to the 20th Precinct of the New York Police Department ("NYPD") instead

2 of to authorities in Westchester County, where she had last been seen.'- (Lewin Decl., Ex. 4,

3 [Defendant's Interview, Dec. 13, 2010], pp. 5:7-13; 7:15-18; 43.)

4 The evidence will additionally establish that during the original investigation, Durst told

5 several self-admitted lies to the lead investigator, NYPD 20th Precinct Det. Mike Struk ("Struk").

Durst told Det. Struk that he and Kathie's marriage was "not so bad," that he had drinks with his

neighbor after he dropped Kathie off at the train station, and that he and Kathie spoke later that

8 night after she arrived home at their New York City penthouse.3 (Lewin Decl., Ex. 4,

9 [Defendant's Interview, Dec. 13, 2010], pp. 7:12-22; 43; Lewin Decl., Ex. 1, [Defendant's

10 Interview, Dec. 12, 2010], pp. 280:19-24, 281:1-17, 288-292.) Eighteen years later, Defendant

11 found himself in a panic over the re-investigation into Kathie's disappearance (see, e.g., Lewin

12 Decl., Ex. 4, [Defendant's Interview, Dec. 13, 2010], p. 179), and he tied up a loose end by

13 driving down to Los Angeles and shooting his unsuspecting best friend in the back of the head.

14 The evidence will further establish that for years before he would kill his wife in 1982,

15 setting in motion the chain of events which would lead to Susan's and Morris's deaths,

16 Defendant had a long history of controlling behavior, accompanied by both emotional and

17 physical abuse, which were perpetrated in the presence of and often against his missing wife.

18 The pattern of this domestic violence, as detailed below, is extensive.

19 B. Kathie's FriendsDeadline and Family

20 Kathie's friends and family provide considerable evidence of Kathie's abuse at

21 Defendant's hands. Michael Burns ("Burns"), a close friend of Kathie's, recounted several

22 examples of abuse. He related one instance where Kathie had called him to come over. Upon

23 arrival, he saw that she had a "massive" black eye and at that point related to him in an upset and

24 2 This assured that the investigation would proceed in New York City, which was fifty-plus miles and a county away from the jurisdiction where Kathie was actually killed. 25 3 Defendant has since admitted on tape that all three of these prior statements were untrue. (See, e.g., Lewin Decl., Ex. 1 [Defendant's Interview, Dec. 12, 2010], p. 293:8-13.)

6 emotional manner that Defendant had punched her in the face. (Lewin Dec., Ex. 5 [Bums

Interview Transcript, May 28, 2015], at p. 10:6-12.) Another time, Kathie told Burns that

Defendant had woken her up and hit her while they were in bed. (Lewin Decl., Ex. 6 [Struk

Report of Bums Interview].) Burns also noted that Defendant attempted to exert his authority over Kathie by controlling her credit cards and refusing to pay her bills. (Lewin Dec., Ex. 5

[Bums Interview Transcript, May 28, 2015], at pp. 8:6-14; 16:21 — 17:11.) Defendant confirmed in subsequent interviews the accuracy of this allegation. (Lewin Decl., Ex. 1 [Defendant's

Interview, Dec. 12, 2010], p. 261:11 — 262:4.)

In the fall of 1981, Kathie came to school with a black eye and again with bruises on her arm. (Lewin Decl., Ex. 7 [Helen Bloch Interview Report], p. 2.) Dr. Helen Bloch ("Dr. Bloch") recalled seeing Kathie with a black eye at the cafeteria or a small education room. (Ibid.) Kathie was wearing big, dark sunglasses indoors, and was trying to cover the injury with makeup.

(Ibid.) Dr. Bloch asked why she was wearing the sunglasses, and when Kathie took them off, Dr.

Bloch saw the black eye. (Ibid.) They had a conversation about what happened during which

Kathie cried and was very upset. (Id. at p. 3.) They discussed how Kathie should not go back to

Defendant. (Ibid.)

In September or October of 1981, Defendant engaged in a violent argument with Kathie inside their Riverside Dr. Penthouse. (Lewin Decl., Ex. 8, [Anne Doyle Interview, May 27,

2015], p. 14:24-28.) Anne DoyleDeadline (`Anne"), the occupant of the other penthouse, later reported to police that Kathie had climbed out of the window of her apartment in the middle of a rainstorm and was pounding on the Doyle's bedroom window trying to get away from her husband. (Id. at pp. 14:7-10; 16:8-14; 16:18; 21:5-8, 16-19.) When Kathie came inside the Doyle residence,

Anne said that she was "hysterical" and "scared out of her wits." (Id. at p. 16:9-14.) Kathie told

Anne that Defendant had "beaten" her, that he had "a gun," and that she "feared for her life." (Id. at pp. 20:15-16, 20-21, 28; 21:1-3; Lewin Decl., Ex. 9 [Police Interview Notes of Anne Doyle, 1 Feb. 10, 1982].) Anne further related that this was one of a number of incidents where Kathie

2 would come over to their residence terrified of her husband and seeking protection from his

3 violent outbursts. (Lewin Decl., Ex. 8, [Anne Doyle Interview, May 27, 2015], pp. 15:1-8;

22:11-19.)

5 Kathie also discussed the abuse she suffered at the hands of Defendant with Janet Finke-

6 Shaw ("Finke-Shaw"). In the wake of the event itself, Kathie told Finke-Shaw about an argument

7 Defendant had with her in their 86th Street apartment. (Lewin Decl., Ex. 10 [Finke-Shaw

8 Interview Transcript, April 23, 2015], p. 19:21 - 24:16.) Kathie related that during the argument

9 she tried to escape from Defendant through the window, but he pulled her back in. (Ibid.) Kathie

10 related that her legs were totally scraped, and that Defendant would not allow her to leave the

11 apartment. (Ibid.) Kathie also told Finke-Shaw during that conversation about Defendant's gun.

12 (Ibid.)

13 Several friends heard from Kathie about, and saw, her fear of Defendant.4 According to

14 Finke-Shaw, Kathie was afraid for her life for a year-and-a-half. (Lewin Decl., Ex. 10 Finke-

15 Shaw Interview Transcript, April 23, 2015], p. 37:20-22.) Dr. Peter Halperin ("Dr. Halperin")

16 received a call from Kathie within the couple of weeks before she disappeared. (Lewin Decl., Ex.

17 11 [Peter Halperin Interview Transcript, Feb. 25, 2016], p. 7:22 - 8:9.) During the call, Kathie

18 was extremely frightened and told Dr. Halperin of Defendant's erratic and violent behavior. (Id.

19 at p. 8:16-22.) Kathie's voiceDeadline was shaking and she spoke with "kind of pressured speech." (Id. at

20 p. 12:19-21.) Dr. Halperin told Kathie she should leave, but Kathie responded that she could not;

21 that it would interfere with her ability to get a divorce settlement. (Id. at p. 9:13-20.) Dr. Halperin

22

23 4 These instances of evidence of Kathie's fear are not exhaustive and the People intend to present additional evidence than what is described herein. Evidence of Kathie's fear of Defendant expressed to others is admissible under Evidence Code section 1250, pursuant to People v. Riccardi (2012) 54 Ca1.4th 758, as relevant to Defendant's 24 motive, as there is "independent, admissible evidence that [Defendant] was aware of the decedent's state of mind before the crime and may have been motivated by it." (Id. at p. 820.) As described above, Defendant himself 25 acknowledged how Kathie repeatedly expressed her fear of him. (See, e.g., Lewin Decl., Ex. 4 [Interview of Robert Durst, Dec. 13, 2010], p.139:13-14 [acknowledging how Kathie said, "I'm afraid to go home' a zillions times."].) 1 even offered to have Kathie stay with he and his wife to get her out of the house with Defendant,

2 but Kathie refused. (Id. at p. 9:21-24.)

3 Kathie related to Dr. Peter Wilk ("Dr. Wilk") how fearful she was of Defendant, saying

4 "I'm very afraid of my husband," and "I'm thinking of divorcing my husband, but I'm afraid of

5 what will happen because he is a violent person." (Lewin Decl., Ex. 12 [Peter Wilk Interview

6 Report], p. 3.) Kathie related the same thing to Dr. Allen Schreiber ("Dr. Schreiber"), stating,

7 "I'm really afraid of him. And if something happens to me, it's gonna be him." (Lewin Decl., Ex.

8 13 [Allen Schreiber Interview Transcript, Sept. 3, 2015], p. 21:11-13.) Dr. Schreiber observed

9 how Kathie would call Defendant every three hours "to make sure he wasn't mad or . . .

10 suspicious or anything. She was very afraid of him." (Id. at p. 15:11-15.)

11 A week or so before she disappeared, Kathie called Karen Minutello ("Minutello"), the

12 building manager of the Durst's 86th Street apartment, asking if there was a smaller unit

13 available in the building. (Lewin Decl., Ex. 14 [Minutello Interview Transcript, Apr. 27, 2015],

14 p. 9:19-24.) When Minutello responded that she did not have anything available, Kathie said that

15 she needed to move out of the apartment with Defendant. (Id. at p. 9:25-27.) Kathie added that

16 she needed to get away from her husband. (Id. at p. 10:2.)

C. Kathie's Hospital Records

18 Still more evidence of Defendant's domestic abuse comes from Kathie's hospital records.

19 In early January of 1982, theDeadline same month that she would disappear, Kathie went to Jacobi

20 hospital (an affiliate of the Einstein College of Medicine where she was a fourth year medical

21 student), with a blunt force injury to her face. (Lewin Decl., Ex. 15 [Dr. Hain's Report.) In her

22 statement to the treating physician, Kathie related that she had been "slapped" in the face. (Mid.)

23 Although she did not state who had assaulted her, it is interesting to note that even though Kathie

24 was legally married to Defendant at the time, she listed her mother as her "next of kin." (Ibid.)

25 /// D. Defendant's Own Statements to the Filmmakers of The Jinx

When the filmmakers for The Jinx interviewed Defendant, he acknowledged repeated

3 incidents of physical violence against his missing wife. (Lewin Decl., Ex. 1, [Defendant's

4 Interview, Dec. 12, 2010], at pp. 202:20-21, 25; 203:1-2, 5-7; 219:8-11.) Defendant also

5 admitted during these interviews to dragging Kathie by the hair away from a holiday gathering at

6 her mother's home in front of Kathie's family. (Lewin Decl., Ex. 1, [Interview of Robert Durst,

7 Dec. 12, 2010], pp. 52:17-23; 54:19-23; 219:3-9.) This is the same incident that was portrayed in

8 the fictionalized movie "All Good Things," which was based on Defendant's life and depicted

9 him as a three-time murderer. While being interviewed for the DVD commentary, which was

10 conducted as Defendant was watching the movie, he was shown the reenactment of this

11 horrifying incident. As Defendant was watching the reenactment, he was speaking into a

12 microphone. Rather than denying the event or attempting in any way to downplay or explain it,

Defendant instead responded, This is close. After a number of years, we, before I would go to her family's house for a function, I would insist that, uh, we agree on how long we're going to stay, 2 hours, 3 hours, 4 hours. We would always do a negotiation, and when the time was up, I was ready to leave. I've seen the story about the hair two different ways. One way I drag her out of the house by her hair, the other way I grab her 17 hair and a big chunk comes out. Either one is close enough.

18 (Lewin Decl., Ex. 2 [December 10, 2010 DVD Commentary Transcript] pp. 30:21 31:4

19 [emphasis supplied].) Deadline

20 Defendant then went on to explain that this violent hair-pulling incident was actually not

21 the worst of it, and that he had assaulted Kathie in other, similar situations. (Lewin Decl., Ex. 1.

22 [Interview of Robert Durst, Dec. 12, 2010], p. 219:8-11; see also id. at p. 205:2-6 [describing

23 Defendant's violence toward Kathie in restaurants].) By 1981, in Defendant's own words, their

24 relationship was "half arguments, fighting, slapping, pushing, wrestling." (Id. at pp. 202:25;

25 203:1-2; see also id. at pp. 204:22; 267:7-12; 279:9-10.) 1 Defendant was also asked about the incident relating to Kathie's treatment at Jacobi

2 Hospital. Although he denied ever striking his wife in the face, he did admit that he was aware of

3 the allegation. (Lewin Decl., Ex. 1, [Interview of Robert Durst, Dec. 12, 2010], pp. 265:23-25;

4 266:1-2; 266:12-13.)

Defendant additionally spoke about the incident at the Riverside Dr. penthouse where

6 Kathie had escaped her husband and sought refuge with her neighbors, the Doyles. Defendant

7 said that they were having a "verbal argument that turned into a little bit of a pushing and

8 shoving. And she climbed out the window . . . . [A]fter she just got out the window, I shut the

9 window, and I went to bed." (Lewin Decl., Ex. 1 [Interview of Robert Durst, Dec. 12, 2010], p.

10 259:12-18.) Then the Doyles "showed up at the door." (Id. at p. 259:18-19.) One of the Doyles

11 told Defendant, "Your wife's over at my house. She says you're beating the shit out of her, and .

12 . . she's afraid to come home." (Id. at p. 259:19-21.) Defendant acknowledged that Kathie's fear

13 of him was not an aberration as she had related, "I'm afraid to go home' a zillions times." (Lewin

14 Decl., Ex. 4 [Interview of Robert Durst, Dec. 13, 2010], p.139:13-14.)

15 During his interviews with the filmmakers, Defendant also discussed the night of

16 Kathie's disappearance and admitted to having had "a pushing and shoving" fight with his

17 missing wife. (Lewin Decl., Ex. 1, [Interview of Robert Durst, Dec. 12, 2010], pp. 277:24-

18 279:10.) Defendant's statements culminated with the damaging admission he made at the end of

19 his April 18, 2012 interview Deadlinewith the filmmakers. At the conclusion of this last interview,

20 Defendant went into the bathroom after having been confronted with very damning evidence and

21 apparently forgot that he was still hooked up to microphones. Before the bathroom door could

22 even close Defendant stated, "There it is, you're caught." (Lewin Decl., Ex. 16, [Defendant's

23 Interview, Apr. 18, 2012], p. 73:17; see also People's Opp. to Deft. Mtn. to Exclude Hearsay

24 Statements of Susan Berman, filed on March 9, 2018, at p. 12 and fn. 12.) This was followed a

') g

11 few minutes later by the admission, "killed them all, of course." (Lewin Decl., Ex. 17

[Defendant's Interview, Apr. 18, 2012, Bathroom Audio Transcript].)

E. Kathie's Statements from Her Journal Evidencing Her Previously Existing

Mental State

Kathie noted in subsequent writings that two to three times during 1977 and 1978,

Defendant acted as if he was going to hit her, causing her to run out of the room. (Lewin Decl.,

Ex. 18 [Kathie's Journal], p. 9.) Defendant's insistence on Kathie's abortion made her feel

"hopeless, helpless, sick to my stomach." (Id. at p. 7.) When Defendant threw a 1/ 2 gallon of water on Kathie's head, she "felt humiliated and cried." (Id. at p. 5.) In spring of 1979,

Defendant returned with Kathie from a party, got in a drunken fight, and slapped her. (Id. at p.

8.) In the fall of that same year, this time when both he and Kathie were sober, Defendant punched his wife so hard that she fell to the ground. (Id. at p. 9.)

By March of 1980, Kathie's medical studies had become more demanding and necessitated her being away from home more often. (Lewin Decl., Ex. 18 [Kathie's Journal], p.

10.) In response, Defendant demanded that Kathie do more chores on her off days and perform

"wife duties." (Ibid.) As a result of Defendant's attacks on her self-worth, Kathie increasingly felt inadequate and began seeing a therapist. (Ibid.) In June, the air conditioner in the car Kathie drove to school broke, and the cost to fix it was going to be $200. (Ibid.) Although Kathie made clear that the air conditionerDeadline was a necessity for city driving and that she and Defendant could easily afford the expense, he refused to have it fixed. (Ibid.) At the same time as he was refusing to spend the $200, Defendant expressed interest in buying a $500,000 co-op. (Ibid.)

1 1 III. DEFENDANT'S PATTERN OF DOMESTIC VIOLENCE AND EMOTIONAL

2 ABUSE ARE ADMISSIBLE AS EVIDENCE OF HIS MOTIVE TO KILL HIS

3 WIFE

4 As part of the "witness killing" special circumstance allegation filed in this action, the

5 People must prove that Defendant "intended that Susan Berman be killed to prevent her from

6 testifying in a criminal proceeding." 5 (CALCRIM 725; see also Penal Code § 190.2(a)(10).) In

7 order to prove this fact, the People must first prove that a crime was committed which Susan

8 Berman would have testified about—namely the killing of Kathie Durst.

9 Where an abuser eventually kills his domestic violence victim, domestic violence

10 evidence is admissible without conducting a similarity analysis where offered to prove disputed

11 issues such as motive, intent, and identity. (See, e.g., People v. Linkenauger (1995) 32

12 Cal.App.4th 1603, 1613-1614 ["Evidence concerning marital discord and appellant's prior

13 assaults" was admissible and probative "to show appellant's intent to beat torture and ultimately

14 murder [the victim]."]; People v. Zack (1986) 184 Cal.App.3d 409, 415 ["Where a defendant is

15 charged with a violent crime and has or had a previous relationship with a victim, prior assaults

16 upon the same victim, when offered on disputed issues, e.g., identity, intent, motive, etcetera

17 [sic], are admissible based solely upon the consideration of identical perpetrator and victim

18 without resort to a 'distinctive modus operandi' analysis of other factors."] [emphasis

19 supplied].) Deadline

20 Domestic violence is regularly admissible in homicide cases as evidence of motive. (See,

21 e.g., People v. Linkenauger (1995) 32 Cal.App.4th 1603, 1610-1614; People v. Cartier (1960) 54

Ca1.2d 300, 311 ["Evidence tending to establish prior quarrels between a defendant and decedent

and the making of threats by the former is properly admitted . . . to show the motive and state of

24 5 Note that no pending criminal proceeding is required: "[I]f an accused believes himself to be exposed to criminal prosecution and intentionally kills another to prevent that person from testifying in an anticipated or pending 25 criminal proceeding, the special circumstance may be found true whether or not an actual criminal proceeding was pending or about to be initiated." (People v. Weidert (1985) 39 Ca1.3d 836, 853-854.)

13 mind of the defendant."]; People v. Zack (1986) 184 Cal.App.3d 409, 415; People v. De Moss

(1935) 4 Ca1.2d 469, 473 ["The quarrels and separations of the parties, together with the threats of defendant, establish sufficient motive for the killing and militate against any theory of an accidental killing."].)

In Linkenauger, supra, 32 Ca1.App.4th at p. 1606, the defendant strangled his wife to death by gripping her neck so tightly that both sides of her voice box fractured. The victim also suffered 15 injuries to her head, mouth, and arms, some of which were consistent with being struck by a fist, or being slammed against a wall or floor. (Id. at pp. 1606-1607.) As a result of these injuries, the victim lost two pints of blood. (Id. at p. 1606.) For these actions, the defendant was convicted of first-degree murder. (Ibid.)

During the defendant's trial, the People admitted evidence of his domestic violence and emotional abuse toward the victim, including: 1) testimony the victim had bruises on her face, neck, and arms over the course of three years; 2) testimony that defendant had an altercation with the victim at a Denny's, causing injuries to the victim's hip, back, and neck; 3) testimony the defendant suspected the victim was having an affair and insisted, when the victim told the defendant she was going on a business trip, on packing the victim's clothes, prohibiting her from bringing a curling iron, makeup, or a miniskirt, and refusing to let her shave her legs; and finally

4) evidence that the victim had obtained domestic violence restraining orders against the defendant (Linkenauger, supra,Deadline 32 Cal.App.4th at p. 1609.) The appeals court affirmed, finding it was relevant to prove the defendant's intent and motive to kill. (Id. at pp. 1610-1614.)

In both Linkenauger and the present case, the victim was murdered after a long chain of domestic violence and emotional abuse at the hands of her killer. Where in Linkenauger there was testimony that the victim had visible bruises over the course of three years, the People in this case seek to admit evidence even more specific to Defendant. Here, the People intend to offer witnesses who Kathie told that Defendant had beaten her and who observed Defendant's

14 violence toward her firsthand (e.g., when Defendant pulled Kathie away from a dinner party at her family's place by her hair). Where the People in Linkenauger offered testimony of a restaurant altercation resulting in injury to the victim, the People here offer evidence of an instance where Kathie sought medical intervention at the hospital for a blunt trauma injury to her face. Where the defendant in Linkenauger was controlling with respect to the victim's business trip, the evidence the People seek to offer in this case shows Defendant was controlling toward

Kathie with respect to nearly every aspect of her life. If Linkenauger actions were evidence of motive in that case, Defendant's violence and abuse toward Kathie are even stronger indicators of motive here. Pursuant to Linkenauger, this court should admit the evidence of Defendant's domestic violence and emotional abuse toward Kathie as evidence to prove motive to support the special circumstance alleged in this case. 6

Finally, whereas the §1101(b) evidence in Linkenauger was almost exclusively confined to witnesses who testified about their observations and was largely disputed by the defendant, in the instant case, the majority of the proffered evidence has been admitted by Defendant on videotape, and is therefore not reasonably in dispute.

///

///

/// /// Deadline

6 "Domestic violence" is defined as "abuse" perpetrated against a spouse or former spouse, among others. (Fam. Code, § 6211.) "Abuse" includes, but is not limited to, "any behavior that . . could be enjoined pursuant to Section 6320." (Fam. Code, § 6203(a)(3)-(4).) Section 6320 permits an order enjoining a party from for "disturbing the peace" of the other party. (Fam. Code, § 6320(a).) Evidence proving that Defendant disturbed Kathie's peace, such as that which is proffered in Section II, E, supra, qualifies as evidence of domestic violence. As substantive evidence of domestic violence, as opposed to state-of-mind evidence to prove motive, admissibility is not governed by People v. Riccardi (2012) 54 Ca1.4th 758. To the extent that the Court requires any independent evidence of Defendant's knowledge of Kathie's fear, her lack of desire for a continued relationship with Defendant, and her actions in conformity with her fear, ample admissions by Defendant exist, as described in Section II, D, supra. Moreover, a victim's out-of-court statements expressing fear of a defendant are relevant to rebut claims that the victim voluntarily disappeared. (Id. at p. 816 [citing People v. Crew (2003) 31 Cal.4th 822, 840, which upheld admission of victim's statement that "If you don't hear from me in two weeks, send the police," as evidence that the victim did not disappear on her own.].)

5 IV. DEFENDANT'S DOMESTIC VIOLENCE AND EMOTIONAL ABUSE TOWARD

KATHIE DURST ARE ADMISSIBLE AS EVIDENCE OF HIS IDENTITY AS HIS

WIFE'S KILLER WITHOUT ANY SIMILARITY ANALYSIS

The general rule which applies to 1101(b) evidence admitted to prove identity is that "an

uncharged crime must be highly similar to the charged offenses, so similar as to serve as a

signature or fingerprint." (People v. Barnwell (2007) 41 Ca1.4th 1038, 1056; see also People v.

Ewoldt (1994) 7 Ca1.4th 380, 403 [superseded by statute, on other grounds, as stated in People v.

Britt (2002) 104 Cal.App.4th 500, 505] ["The greatest degree of similarity is required for

evidence of uncharged misconduct to be relevant to prove identity."].) A different rule applies,

however, when the People seek to admit a defendant's uncharged acts of domestic violence in a

case where the defendant is accused of a violent crime against the same domestic violence

victim. (People v. Zack (1986) 184 Cal.App.3d 409, 414-415.) Where a defendant is charged with a violent crime and has or had a previous relationship with a victim, prior assaults upon the same victim, when offered on disputed issues, e.g. identity, intent, motive, etcetera, are admissible based solely upon the consideration of identical perpetrator and victim without resort to a "distinctive modus operandi" analysis of other factors.

(Ibid. [emphasis added].) "[E]vidence of threats of violence by an accused against the victim of

an offense of violence is proof of the identity of the offender." (People v. Linkenaugher (1995)

32 Cal.App.4th 1603, 1611 [citing People v. Daniels (1971) 16 Cal.App.3d 36, 46].) Evidence

having a direct tendency, in Deadlineview of the surrounding circumstances, to prove motive and thus

"solve a doubt . . . as to the identity of the slayer . . . is admissible against a defendant, however

discreditably it may reflect on him, and even where it may show him guilty of other crimes."

(People v. Linkenaugher (1995) 32 Cal.App.4th 1603, 1611 [citing People v. Weston (1915) 169

Cal. 393, 396.) Zack's rule "remains 'good law' after the California Supreme Court opinion in

[Ewoldt]." (People v. Linkenauger (1995) 32 Ca1.App.4th 1603, 1606.)

Evidence Code section 1109 also provides an avenue for the admissibility of prior acts of domestic violence without resorting to similarity analysis.

16

INF In Linkenauger, summarized in section III, supra, evidence of the defendant's prior domestic violence and emotional abuse was admitted not only to prove motive and intent, but also to prove identity. (Linkenauger, supra, 32 Cal.App.4th at pp. 1609, 1613-1614.) There, evidence that the defendant physically assaulted the victim and subjected her to demeaning, controlling behavior was properly used to draw an inference from the defendant's participation in violence and emotional abuse directed against the victim to his identity as the victim's killer.

(Ibid.)

The facts of the present case are even more severe than the facts in Linkenauger and are therefore even more probative of Defendant's identity as Kathie's killer. The domestic violence and emotional abuse committed by Defendant upon his missing wife includes multiple, specific acts of violence and encompasses evidence that Defendant sought to control Kathie through violence, fear, and the utmost degree of emotional manipulation. The evidence of domestic violence and emotional abuse is therefore highly probative of Defendant's identity as Kathie's killer, and should be admitted pursuant to §1101(b).

V. EVIDENCE OF DEFENDANT'S DOMESTIC VIOLENCE AND EMOTIONAL

ABUSE TOWARD KATHIE DURST ARE NOT UNDULY PREJUDICIAL

Evidence Code Section 352 provides: "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumptionDeadline of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid. Code § 352 [emphasis supplied].) This is a three-step process. First, the Court must determine the probative value of the evidence. Second, the Court must determine, what, if any, undue prejudice that evidence may create. Lastly, the

Court must then balance the two against each other. Thus the mere existence of undue prejudice itself is not determinative—it must still substantially outweigh the probative value before a court may exclude it pursuant to § 352.

1.7 "Evidence is substantially more prejudicial than probative [citation] if, broadly stated, it poses an intolerable 'risk to the fairness of the proceedings or the reliability of the outcome

[citation]." (People v. Riggs (2008) 44 Ca1.4th 248, 290.) "Evidence is not 'unduly prejudicial' under the Evidence Code merely because it strongly implicates a defendant and casts him or her in a bad light . . . ." (People v. Robinson (2005) 37 Ca1.4th 592, 632.) In applying section 352,

"'prejudicial' is not synonymous with 'damaging.' [Citation.]" (People v. Bolin (1998) 18

Ca1.4th 297, 320.) "[A]1I evidence which tends to prove guilt is prejudicial or damaging to the defendant's case." (People v. Cage (2015) 62 Ca1.4th 256, 275 [citations omitted].)

"The 'prejudice' which section 352 seeks to avoid is that which 'uniquely tends to evoke an emotional bias against the defendant as an individual and which has very little effect on the issues.' " (Cage, supra, 62 Ca1.4th at p. 275 [citations omitted] [emphasis in original].)

Courts evaluate the probative value of section 1101(b) evidence by looking at a series of factors. The principal factor affecting the probative value of the evidence of a defendant's uncharged offenses "is the tendency of that evidence to demonstrate" the purpose for which it is offered. (People v. Ewoldt (1994) 7 Ca1.4th 380, 404 [tendency of the uncharged offense to demonstrate the existence of common design or plan was "strong"] [superseded by statute, on other grounds, as stated in People v. Britt (2002) 104 Cal.App.4th 500, 505].) "The probative value of evidence of uncharged misconduct is also affected by the extent to which its source is independent of the evidence Deadlineof the charged offense." (Ibid.) "[I]f a witness to the uncharged offense provided a detailed report of that incident without being aware of the circumstances of the charged offense . . . the probative value of the evidence would be enhanced." (Ibid.) "The probative value of such evidence would increase further if independent evidence of additional instances of similar misconduct, committed pursuant to the same design or plan, were produced."

(Ibid.) "Where evidence regarding the uncharged act involves "witnesses and evidence from

19 another state and a decedent who had no connection to" the named victim of the charged incident, it weighs in favor of admissibility. (People v. Edwards (2013) 57 Ca1.4th 658, 713.)

"On the other side of the scale, the prejudicial effect of this evidence is heightened by the circumstance that defendant's uncharged acts did not result in criminal convictions." (Ewoldt, supra, at p. 405 [upholding the admission of uncharged molestation that did not result in a conviction].) The lack of a conviction is not, however, dispositive—an acquittal at trial or even a dismissal at preliminary hearing does not bar admission. (Cf ibid.; People v. Leon (2015) 61

Cal.4th 569, 594-597 [upholding the admission under 1101(b) of evidence of two uncharged robberies that were dismissed at preliminary hearing].)

Additionally, where the testimony describing a defendant's uncharged acts is "no more inflammatory than the testimony concerning the charged offenses," it decreases the potential for prejudice. (Ewoldt, supra, 7 Cal.4th at p. 405.) Indeed, courts routinely admit uncharged murders under 1101(b) in murder cases after engaging in a § 352 analysis. (See, e.g., People v. Edwards

(2013) 57 Ca1.4th 658, 713-715 [upholding the admission of uncharged murder that involved

"greater brutality to the victim's genital area," where charged murder also involved an agonizing death, citing substantial probative value to show common design or plan, intent, and identity];

People v. Rogers (2013) 57 Ca1.4th 296, 331 [upholding the admission of two murders from two different states, citing substantial probative value to show intent of California murder]; People v. Carter (2005) 36 Cal.4th 1114Deadline [upholding admission of two uncharged murders in trial for murder of three other victims]; People v. Kipp (1993) 18 Ca1.4th 349, 369-372 [upholding admission of uncharged rape-murder in trial for murder and attempted rape].)

As described in sections above, the probative value of the controlling behavior, emotional abuse and uncharged domestic violence toward Kathie Durst is extremely high. It is relevant to show Defendant's motive for killing Kathie, his intent when he killed her, and his identity as her

19

killer. All of this evidence is crucial to proving the charged special circumstance allegation of a

"witness killing."

Conversely, the danger of undue prejudice stemming from the admission of this evidence is minimal. Haunting as it is, the evidence of domestic violence and emotional abuse by

Defendant toward Kathie is far less inflammatory than the premeditated, execution-style murder which is the subject of the charged offense. If anything, the mere allegation of an execution-style murder is substantially more inflammatory than the type of spousal abuse proffered here.

Moreover, as Defendant has admitted to the vast majority of the domestic violence conduct at issue, it minimizes the potential harm and undue prejudice he would suffer if the truthfulness and accuracy of the evidence were in dispute.

VI. CONCLUSION

Defendant's prior acts of domestic violence, including the physical and emotional abuse he perpetrated against his missing wife, are highly probative evidence that must be presented to, and evaluated by the trier of fact. These acts demonstrate the status of the marital relationship in the time period leading up to Kathie's disappearance and are extremely probative in demonstrating Defendant's identity as her killer, as well as his motive and intent when the crime was committed.

DATED: March 22, 2018 DeadlineJACKIE LACEY District ttorney

B Joh ewm Des y District Attorney

20 JACKIE LACEY District Attorney JOHN LEWIN (State Bar No. 154338) HABIB A. BALIAN (State Bar No. 179344) DAVID YAROSLAVSKY (State Bar No. 255574) Deputy District Attorneys 211 West Temple Street, Suite 1130 A Los Angeles, CA 90012 (213) 257-2242

Attorneys for Plaintiff

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

) CASE NO.: SA089983 PEOPLE OF THE STATE OF CALIFORNIA,) ) DECLARATION OF JOHN LEWIN IN Plaintiff, ) SUPPORT OF MOTION; MOTION TO ) ADMIT DEFENDANT'S ACTS OF vs. ) DOMESTIC VIOLENCE AND ) EMOTIONAL ABUSE AGAINST ROBERT DURST, ) KATHIE DURST ) Defendant. ) ) ) ) ) DEPT: 81 ) DATE: April 16, 2018 ) TIME: 10:00 a.m. Deadline) DECLARATION OF JOHN LEWIN

I, JOHN LEWIN, declare, under penalty of perjury, that the following is true and correct

of my personal knowledge, information, and belief:

1. I am a Deputy District Attorney assigned to handle the above-captioned case.

2. Attached hereto as Exhibit 1 is a true and correct copy of selected portions of a transcript

of a December 12, 2010 interview between Defendant Robert Durst ("Defendant") and

Andrew Jarecki.

3. Attached hereto as Exhibit 2 is a true and correct copy of selected portions of a transcript

9 of a December 10, 2010 recording of Defendant speaking with Andrew Jarecki while

10 watching the movie "All Good Things."

11 4. Attached hereto as Exhibit 3 is a true and correct copy of New York State Police

12 Investigator Joseph Becerra's notes from his November 7, 2000 interview of Peter Schwartz,

13 redacted to remove personal identifying information.

14 5. Attached hereto as Exhibit 4 is a true and correct copy of selected portions of a transcript

15 of a December 13, 2010 interview between Defendant and Andrew Jarecki.

16 6. Attached hereto as Exhibit 5 is a true and correct copy of selected portions of a May 28,

17 2015 interview transcript of Michael Burns by Los Angeles County Deputy District

18 Attorneys John Lewin and Habib Balian, and Los Angeles Police Department Robbery

19 Homicide Division/ColdDeadline Case Homicide Unit Detective Gevork ("George") Shamlyan.

7. Attached hereto as Exhibit 6 is a true and correct copy of a February 8, 1982 police report

authored by New York Police Department Detective Michael Struk.

8. Attached hereto as Exhibit 7 is a true and correct copy of a report of an interview that Los

23 Angeles County Deputy District Attorneys John Lewin and Habib Balian, as well as Los

24 Angeles Police Department Robbery Homicide Division/Cold Case Homicide Unit Detective

25

] Blanca Lopez, Elizabeth Camacho, George Shamlyan, and Richard Bengston, conducted with Dr. Helen Bloch on January 19, 2016.

9. Attached hereto as Exhibit 8 is a true and correct copy of a May 27, 2015 interview transcript of Kevin and Anne Doyle by Los Angeles County Deputy District Attorneys John

Lewin and Habib Balian; Los Angeles Police Department Robbery Homicide Division/Cold

Case Homicide Unit Detective Josh Byers; and Federal Bureau of Investigation Special

Agent Jon Bauman.

10. Attached hereto as Exhibit 9 is a true and correct copy of a February 10, 1982 police report authored by New York Police Department Detective James T. Varian.

11. Attached hereto as Exhibit 10 is a true and correct copy of selected portions of an April

23, 2015 interview transcript of Janet Finke-Shaw by Los Angeles County Deputy District

Attorneys John Lewin and Habib Balian, and Los Angeles Police Department Robbery

Homicide Division/Cold Case Homicide Unit Detective Elizabeth Camacho.

12. Attached hereto as Exhibit 11 is a true and correct copy of selected portions of a February

25, 2016 interview transcript of Dr. Peter Halperin by Los Angeles County Deputy District

Attorney John Lewin and Los Angeles County District Attorney Investigator Jeff Savarese.

13. Attached hereto as Exhibit 12 is a true and correct copy of a March 22, 2016 report authored by Los Angeles County District Attorney Investigator Michael Cabral. 14. Attached hereto as ExhibitDeadline 13 is a true and correct copy of selected portions of a September 3, 2015 interview transcript of Dr. Allen Schreiber by Los Angeles County

Deputy District Attorneys John Lewin and Habib Balian, and Los Angeles Police

Department Robbery Homicide Division/Cold Case Homicide Unit Detectives George

Shamlyan and Elizabeth Camacho.

15. Attached hereto as Exhibit 14 is a true and correct copy of selected portions of an April

27, 2015 interview transcript of Karen Minutello by Los Angeles County Deputy District

2

Attorneys John Lewin and Habib Balian, and Los Angeles Police Department Robbery

Homicide Division/Cold Case Homicide Unit Detective Luis Romero.

16. Attached hereto as Exhibit 15 is a true and correct copy of a medical report authored by

Dr. Leslie Hain.

17. Attached hereto as Exhibit 16 is a true and correct copy of selected pages of a transcript

of an April 18, 2012 interview between Defendant and Andrew Jarecki.

18. Attached hereto as Exhibit 17 is a true and correct copy of a transcript of the "Bathroom

Audio" which took place after an April 18, 2012 interview between Defendant and Andrew

Jarecki. Prior to going into the bathroom, and at the completion of the interview, Defendant

had admitted to having addressed an envelope to Susan, written in almost identical block

lettering containing the same misspelling of "Beverley" Hills as the "Cadaver Note." At that

time, he also stated, after being asked if he could tell which one he did not author, that he

could not differentiate between the two.

19. Attached hereto as Exhibit 18 is a true and correct copy of a journal authored by Kathie

Durst.

Executed at Los Angeles, California, on March 22, 2018.

DeadlineJOHN IN, Declarant

DECLARATION OF SERVICE BY ELECTRONIC MAIL

The undersigned declares under the penalty of perjury that the following is true and correct:

I am over eighteen years of age, not a party to the above cause, and employed in the office of the District Attorney of Los Angeles County with offices at 211 West Temple Street,

Room 1130A, Los Angeles, California 90012. On the date of execution hereof, at the prior request of defense counsel, I served the attached document by sending a true copy by Electronic

Mail (E-Mail) addressed as follows:

chipblewis@aol.com [email protected] [email protected] [email protected] [email protected] Deadline

Executed on March 22, 2018, at Los Angeles, California. EXHIBIT 1

Deadline LOS ANGELES COUNTY DISTRICT ATTORNEY

PEOPLE OF THE STATE OF ) Case No. SA089983 CALIFORNIA, ) Plaintiff, ) ) vs. ) ) ROBERT DURST: ) ) Defendant. ) )

INTERVIEW OF: ROBERT DURST: (12-12-10)

BY: ANDREW JARECKI (MOVIE DIRECTOR) AND UNIDENTIFIED MALE SPEAKERS AND FEMALE SPEAKER

AUDIO FILE NO.: DECEMBER 10, 2010 DAY TWO

TRANSCRIBED BY: APRIL MARIE CARLOS JOB NO.:Deadline PS-13

LADA 133387 1 in The New York Times, to Charles Bagley, when he was 2 asking about Kathie in the film um, that you took 3 some responsibility for -- 4 ROBERT DURST: Oh -- 5 ANDREW JARECKI: -- for Kathie's situation -- 6 ROBERT DURST: -- yes, yes. If I'd been 7 different, we would have lived a -- I think, a happy 8 life. If she'd met some normal-type guy from Long 9 Island, she -- she would have had a bunch of kids, like 10 her -- her siblings, and she would have lived a -- I 11 hate to say "normal," but I don't know how else to put 12 it. A -- a -- a -- an average, or something like that, 13 life. It was just finding me, and then the whole 14 scenario. It -- it just kept getting blown up and 15 getting worse and worse and worse and worse. 16 And I was the dominant one in the relationship. 17 And I knew she was going semi bananas. And she hated 18 this thing where she had brought the -- the lawyers in. 19 And she keptDeadline saying, "Why don't we just forget about 20 all the lawyers?" And I said, "You can't just go this 21 far and, uh, drop the whole thing. I don't want you 22 doing this again, again, again. I want to work out an 23 agreement where you're not going to do this again." 24 And they had something called a post-marital agreement. 25 ANDREW JARECKI: So that was the idea, was to -- 27

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133413 1 was to create a -- some kind of an agreement where you 2 would stay 3 ROBERT DURST: Yes, I -- 4 ANDREW JARECKI: -- together or -- (0:31:54.1) 5 ROBERT DURST: -- wasn't gonna just drop the 6 lawyers and -- and -- and forget the whole thing 7 because Kathie had done it, enthusiastically. And she 8 was taking control of the marriage by threatening to 9 divorce me. And I figure, you know, if I -- if we just 10 drop the lawyers, maybe, I'll be here in six months 11 again with the same thing because I hadn't changed. I 12 was still the same controlling person. I wasn't about 13 to have her telling me what to do. And she had gotten 14 there to a large extent. 15 ANDREW JARECKI: When you say you were controlling 16 in your relationship with her, give me an example of 17 what. 18 ROBERT DURST: Oh, I would choose a restaurant, and 19 we got to Deadlinethe restaurant, uh I -- I -- I would look 20 at the menu, and say, "Well, I'm thinking of this or 21 that. What are you thinking of?" And then, "Well, why 22 don't you get the soup -- get -- get, you know, the 23 such and such, and I'll get the other, and then we can 24 trade a little bit?" And, you know, she went along 25 with that for a while, and then she just got tired of 28

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133414 1 you what time it is. And we're going to stay for two 2 hours. And we're going to leave. And unless you agree 3 to that, I'm not going to go. I don't mean two hours 4 and 20 minutes. Two hours, I'm out of there." What 5 was the question? (Untranslatable Sound; Laughter 6 0:34:20.3). (10:30:40:00) 7 ANDREW JARECKI: Well, we were just talking about 8 the dynamic between you and Kathie, and -- and I was 9 asking about this issue of control that you-- 10 ROBERT DURST: I insisted she get an abortion. 11 Um, I guess, when we were in an agreement on things, we 12 -- we -- we wanted to, to live in Westchester. Dog 13 liked it. Uh, it was similar to Vermont. Did not want 14 to move to the city. And at some point, I just got 15 sick of the commuting. "This is ridiculous. You 16 commute 40 minutes. I commute almost two hours. 17 Different directions. We should move someplace 18 central. That -- that meant she was going to have to 19 switch colleges.Deadline 20 So at some point, I said, "Listen, why don't we 21 just try living in the city. Apply to colleges in the 22 city, and you -- you get in, maybe we'll like it." And 23 she applied to both Columbia and NYU's nursing program; 24 got in -- involved in both of them. Started going 25 to -- I don't -- NYU. And it -- it was she -- she 30

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133416 1 lady who wanted to talk about all the stuff that I did

2 not want to talk about. Just -- um, not a 3 sophisticated person. I'm not saying she's a stupid

4 person. But she -- she really, uh -- oh, and she would

5 ask questions, like -- like -- like, "What's the most 6 important thing to you, Bob?" Um, "Bob, the only 7 important thing in life is to enjoy it. You should 8 enjoy it all the time. There's nothing else there." 9 Getting into these questions like that. That's the 10 last thing I was going to discuss with her, or with 11 anybody, really. 12 ANDREW JARECKI: So she -- so she wanted to engage 13 you, though? 14 ROBERT DURST: Oh, yes. (0:51:06.4) (10:47:24:20) 15 ANDREW JARECKI: Say -- if you can do it, like, a 16 full sent -- Kathie's mother, 17 ROBERT DURST; Oh, Kathie's mother was very 18 interested in Bob Durst; this rich, well-known, famous 19 real estateDeadline developer's family. And Bob Durst liking 20 me. And Bob Durst conversing with me. I remember, uh, 21 maybe the second or third time when -- when Kathie 22 brought me there, not long after we'd met, uh, she -- 23 she tells me that it's -- "You can call me "Mom" if you 24 feel like that. Everybody -- this is before we were 25 married -- "Everybody calls me 'Mom'. And what do you 43

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133429 1 so these -- these experiences with her family, 2 um, were kind of, like, Bob meets the average American 3 family. 4 ROBERT DURST: Well, more than meets. Bob is 5 forced to spend time with the average American family. 6 Bob is supposed to be polite and cooperate and pleasant 7 and engage in the same conversations that they are. 8 And I just couldn't do that. I just kept feeling like 9 I should show them that I hate -- despise these things 10 that they do. (0:57:20.8) (10:53:38:14) 11 12 ANDREW JARECKI: And, um -- 13 ROBERT DURST: Ridicule these things that they do. 14 ANDREW JARECKI: Do you remember ridiculing in -- 15 in front of them? 16 ROBERT DURST: Well, talking about my penis in 17 front of Kathie's mother, that -- that -- that is 18 extreme as I can imagine. 19 ANDREWDeadline JARECKI: Yeah. Um, and it -- 20 ROBERT DURST: And ridiculing the things that they 21 were doing. I mean, I could page through, "There's 22 nothing in here to read," I would say. 23 ANDREW JARECKI: You know, one thing that really 24 has always struck me about Jim is that as -- as upset 25 as he's been about his sister's disappearance and all 48

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133434 1 uh, let -- let's say when you were sitting in the car, 2 or -- or in between, did you feel you were getting 3 angry that you were being left out there? Or did you 4 feel she was -- 5 ROBERT DURST: No. I was getting angry that she 6 had not done what we agreed to do, which was leave. 7 Was very similar to -- to -- with children. We had 8 talked about having children, and all of a sudden, 9 she's pregnant. She wants the child. And I said, 10 "This is not what we agreed. Not what we agreed." 11 (1:02:47.3) (10:59:03:04) 12 ANDREW JARECKI: Um, so tell me -- we -- we talked 13 about it when we were doing the commentary, but we 14 didn't talk about it in the interview, about this time 15 that you went, uh, back to, uh -- it was a Christmas 16 party I think, at Ann's -- Ann's house. 17 ROBERT DURST; Yeah. Ann's birthday was on 18 Christmas Day. And I would frequently go and be -- be 19 nasty to Ann.Deadline We would always go there for Christmas. 20 That -- that as something Kathie always wanted to do. 21 T would always agree. I would have qualifications. 22 "Yeah, we're gonna there for -- for Christmas dinner 23 we're gonna leave after a certain time." 24 And, um, several times, we're -- as we're going 25 back in the car, she's crying and saying, "It's her

52

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133438 1 we're going." 2 ANDREW JARECKI: And, um, the grabbing her by her 3 hair part, how did that enter your mind? Or -- or -- 4 or -- 5 ROBERT DURST: No, I went back in to get Kathie. 6 "Kathie, it's time to go." "Well, just another --" 7 "No, we're going." (1:05:10.2) (11:01:25:12) 8 ANDREW JARECKI: And what -- from your standpoint, 9 was it that you were, you know, you were pissed off? 10 You were angry? 11 ROBERT DURST: Yes, I was pissed off. She agreed 12 to leave after a certain period of time, and now she's 13 not doing it. She's wrong. I'm right. "Let's go." 14 ANDREW JARECKI: Um, and you described that there 15 were a couple of theories about whether you pulled her 16 by her hair, or whether a chunk had -- 17 ROBERT DURST; Yeah, yeah -- 18 ANDREW JARECKI: -- tell me about that. 19 ROBERTDeadline DURST: -- whether I pulled a chunk of her 20 hair out. And I -- I -- I -- I remember grabbing her 21 by the coat and -- and her arm and the hair and whether 22 hair came out or not, I don't know. But I dragged her 23 out of the house. 24 ANDREW JARECKI: Do you remember the feeling of, 25 uh -- of that happening? As we're sitting here, do you 54

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 13344Q 1 remember the -- the -- the feeling of walking 2 into the house, of going to get her? Does that -- it - 3 4 ROBERT DURST: Yes, total anger. We're not doing 5 this. It was me being the dominant one, and we agreed 6 on two hours. It's going to be two hours, not gonna be 7 two and a half hours, or two hours and 20 minutes. 8 It's time to go. You agreed to go. Let's go. 9 The same thing with having a child; you agreed 10 that we weren't gonna have children. You got yourself 11 pregnant. You want to get an abortion, you can get an 12 abortion. You want to have the child? You're going to 13 get divorced. (1:06:28.0) (11:02:44:03) 14 ANDREW JARECKI: Um, do you remember the feeling 15 of how the other people in the room reacted when you 16 pulled her out? 17 RQBERT DURST: Oh, I left. I didn't rack -- I 18 don't remember them reacting at all. Remember, I'm 19 grabbing Kathie.Deadline And we're going out the -- the storm 20 door and the regular door, or visa versa (sic), and 21 we're going out and we're leaving. Period. We're 22 outside, I shut the door. 23 ANDREW JARECKI: You don't remember the there 24 being any reaction? 25 ROBERT DURST: No. Not while I was there. I

55

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LADA 133441 1 documents and you go and give them to the lady and she 2 -- she gives you whatever it is to get the food stamps. 3 ANDREW JARECKI: You know, I think of other 4 aspects of this -- the -- the cheapness, that I've 5 heard about. Did you, um 6 ROBERT DURST: I would give Kathie a small budget. 7 "This is what you got for the week," or month, or 8 whatever it is. "If you want to spend more, don't talk 9 to me about it." 10 ANDREW JARECKI: But did she have any other source 11 of income? 12 ROBERT DURST: No. 13 ANDREW JARECKI: So whatever you gave her was -- 14 that was the limit? 15 ROBERT DURST: That was it. Like -- like -- like, 16 "We're getting an abortion, we're getting an abortion. 17 This is how much money you've got to spend this -- this 18 week or month, period." 19 ANDREWDeadline JARECKI: And did she buy food out of that 20 money, or -- 21 ROBERT DURST; Oh, she -- that was it. That was 22 what I gave her. She did with it what she wanted to do 23 with it. 24 ANDREW JARECKI: Um, what about, uh uh -- 25 someone said that you -- that you used to call the

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LADA 133402 1 was -- it was -- it was -- he wasn't putting up with 2 it. Re -- he -- he was getting me to go to New York 3 and be ROBERT DURST: of the Durst Organization. 4 ANDREW JARECKI: Um -- 5 ROBERT DURST: And he brought it up sev -- I mean, 6 every every, uh, October, or November, we -- we -- 7 we -- we would go up to the cemetery where my mother 8 was. He would take his family there. We would stop to 9 see his little brother David, who lived in Chappaqua on 10 the way. And one time when I was there, uh, with just 11 him -- I don't know where the others were -- wandering 12 around someplace. He -- he -- he said, "You know, one 13 day I'm going to be over here." Pointing next to my 14 mother. "Please don't make me end --" something, 15 like, "Please don't make me end up here with you having 16 never gone into the business. Please let me, when I 17 come here, know that -- that -- that the business is 18 being taken care of by you." 19 ANDREWDeadline JARECKI: So it had something to do with 20 his legacy, or his ability to be immortal? 21 ROBERT DURST; Yes. Yes. 22 ANDREW JARECKI: Tell me -- tell me about that. 23 ROBERT DURST; Well he -- he -- he wanted it to 24 continue in the family the same way it did with him. 25 Now -- now, he had an older brother, but his older 105

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LADA 133491 1 were grantors; Seymour, Roy, David and Alma Durst. And 2 they named three trustees. So what they were allowed 3 to do was name one independent trustee, and he was one 4 of the lawyers at Strook, Strook, and Lavan. Jerry 5 Manning. And they could each be trustees for one 6 another. So Seymour's trust, the trustees for 7 Seymour's children were Roy and David. The trustees 8 for Roy's children were David and Seymour, and that was 9 what they had set it up as. (2:09:32.9) 10 ANDREW JARECKI: Uh-huh. Um, so let's talk about 11 what -- what you were doing when you met, uh -- when 12 you Kathie. Were you living in Vermont? Were you 13 living in the city? How did you do that? 14 ROBERT DURST: When I met Kathie, I was still 15 living -- it was still 1970. I'd come home from UCLA, 16 staying in Katonah, trying to decide what I was going 17 to do, came up with the health food store idea. Um, I 18 was living in Katonah, in Westchester. Uh, and I told 19 her the idea,Deadline and -- I guess, we drove up there. And I 20 showed her where I -- I -- I was looking to lease the 21 store. And she loved Middlebury. Thought it was just 22 beautiful. 23 Um, she loved the idea. I -- and -- and, I guess, 24 at some point around then, I said, "You know, I want 25 you -- I'd -- I'd like you to live with me." You know, 109

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LADA 133495 1 "I'd like you to move to Middlebury, Vermont." Which 2 would mean she'd stop being whatever she was -- she had 3 a job, a dental hygienist. I -- I -- in -- I guess 4 she'd had gone to Adelphi for a year, or so, and 5 dropped out. But it meant that she was gonna, you 6 know, change her life and come see me. 7 And Jimmy came up and visited me twice. And I was 8 nice to him way back then. I wasn't treating him 9 badly, like I gradually started doing. 10 ANDREW JARECKI: Um, where did you first meet her? 11 (2:11:07.6) 12 ROBERT DURST: I first met Kathie at a party that 13 my friend Stewart Altman took her to. 14 ANDREW JARECKI: And then how did it come to pass 15 that she ended up living in a Durst building? 16 ROBERT DURST: Well, she was already -- Stewart 17 must have known -- knew somebody else in -- in the 18 family. I don't remember who. And Stewart met Kathie 19 and her friend,Deadline whatever her friend's name was, and 20 they had both just gotten doc -- jobs as -- as dental 21 hygienists and, uh, needed a place to stay. And 22 Stewart said, "Well, I know this guy. And his family 23 owns a whole bunch of buildings." And Stewart called 24 somebody. Actually, it wasn't one of the Dursts. It 25 was one of the people who worked there Stewart had met. 110

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LADA 133496 1 Uh, he called them up and said, "I have a -- two 2 nice chick ladies, and they're looking for an 3 apartment." Uh, Kathie was given a phone number to 4 call. And her -- her roommate was. And they called 5 whoever was leasing the tenements. And Kathie rented 6 an apartment. 7 ANDREW JARECKI: And when you first met her, I 8 guess, at the party, what -- what was your first, uh, 9 reaction to her? 10 ROBERT DURST: Pretty. (2:12:26.9) (12:18:07:01) 11 ANDREW JARECKI: Was she your type? Had you had a 12 type? Did you have a -- 13 ROBERT DURST: No, I'd never had a type. We -- we 14 spoke for a good while. Nice conversationalist. Um, 15 planned on going out, you know, in several days, and 16 did that. 17 ANDREW JARECKI; The, um -- so you were a -- you 18 were older than she was at that time? 19 ROBERTDeadline DURST: Nine years. 20 ANDREW JARECKI: And, um, was there any stigma 21 attached to that at the time, or was that fairly 22 common? 23 ROBERT DURST; Nine years is a long time. 24 ANDREW JARECKI: Age difference wise? 25 ROBERT DURST: Yes.

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LADA 133497 1 ANDREW JARECKI: Yeah. 2 ROBERT DURST: Nine years is a long time. I had 3 oodles of education, and she had zilch. Girl from a 4 small town without, you know, no -- no big deal. I -- 5 but, I mean, for me, I -- I guess you would say I was 6 marrying beneath me, or something like that. Or she 7 was marrying up or "well" or something like that. But 8 I never got there. I mean, money didn't mean anything 9 to me. It didn't make any difference to me where she 10 was from. (2:13:38.6) (12:19:21:02) 11 ANDREW JARECKI: Did you like the idea that she 12 was from a more modest background? Did you think that 13 might be a good -- 14 ROBERT DURST: No. No. 15 ANDREW JARECKI: Didn't matter? 16 ROBERT DURST: I -- I don't remember thinking 17 about it. 18 ANDREW JARECKI: Uh huh. Um, this -- I just want 19 to show youDeadline this picture that I -- I think this is sort 20 of a -- this is the -- "E" (Phonetic) -- picture that I 21 always imagined being a -- 22 ROBERT DURST: Yeah -- 23 ANDREW JARECKI; -- picture of you 24 ROBERT DURST: -- this is when I was young and 25 happy and a hippie. And this is probably not long 112

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LADA 133498 1 sort of locking into it the moment that you guys 2 connected? That she was -- she wanted to be with you? 3 She wanted to spend time with you? She made that clear 4 to you? 5 ROBERT DURST: Oh, it was -- that was when we 6 first started talking about, "What are you doing?" 7 And, "What are you doing?" And I said, "I'm -- I don't 8 know what I'm doing. I just got back from UCLA for the 9 last five years and, uh, I'm not sure where I'm gonna 10 go from here." And I -- I don't know if we talked 11 about the fact that I could do whatever I want because 12 I had this income. um, she -- she knew that my family 13 owned the tenement she was in. She didn't know that my 14 family owned all of these giant buildings everywhere. 15 Uh, I don't know. Am I answering your question? 16 (Untranslatable Sound; Laughter 2:17;43.4). 17 ANDREW JARECKI: Oh, yeah, yeah, yeah. I was just 18 trying to get an idea of whether she -- did you feel 19 like she madeDeadline it clear to you that she wanted to be 20 with you right away? 21 ROBERT DURST; We right away liked each other, 22 spent time with one another. In terms of making love, 23 and what you're calling the first date, that was 24 certainly not unusual. (2:17:58.9) (12:23:39:18) 25 ANDREW JARECKI: Um, now, the idea of getting 116

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LADA 1335Q2 1 ANDREW JARECKI: Um, why do you think Douglas has 2 been so adamant about, uh, not wanting the business to 3 be perceived as related to the porno business in Times 4 Square? (3:04:43.4) 5 ROBERT DURST: Well, Douglas wants to be nice and 6 shiny and perfect. He does all this stuff for the 7 government. I mean, Seymour and Douglas were probably 8 two of the most successful real estate developers New 9 York has ever seen. Uh, but -- but Seymour's feeling 10 was, "I don't want nothing to do with the government. 11 I'm gonna build buildings as a right. I'm not going to 12 seek variances. I'm not going to get involved with any 13 of these programs where you and the government are 14 doing something." 15 He prided himself on never making political 16 contributions, never putting himself in the position 17 where he was "kowtowing," as he would say to the 18 politicians. And Douglas is going the other way. He 19 prides himselfDeadline on being able to pull the right strings 20 and push the right buttons. And for that kind of 21 thing, he wants the reputation to have always been 22 perfect. And that's not the way it was. (3:05;41.1) 23 And my father knew that that's not the way it was, 24 and my father was always very out there, um, 25 acknowledging what was going on, and what our 154

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LADA 133540 1 ANDREW JARECKI: -- are you doing this? 2 ROBERT DURST: "What are you doing? What are you 3 doing? Come back in here." She -- she didn't have a 4 lot to say about it. It was ridiculous. I had no idea 5 how to handle it, what it was all about. 6 ANDREW JARECKI: Did she -- 7 ROBERT DURST: You know what -- 8 ANDREW JARECKI: ever say -- did she ever say: 9 Bob, don't you see, if only this then -- 10 ROBERT DURST: No. She never took it like that. 11 I mean, she thought that would really chase me away. I 12 knew she was doing these stupid things to -- to make a 13 point, and -- and -- and this was gonna be a problem. 14 ANDREW JARECKI: I wonder if what -- whether she 15 just went out in the hall as a way to just stir the 16 pot, that you were in control of her. 17 ROBERT DURST: Yes, yes, yes, yes. And this was 18 her showing me that I'm not totally in control of her, 19 and that sheDeadline can do what she wants to do, something 20 like that. Maybe it won't be so bad if you let me have

21 a baby, and I'll stop doing -- I don't know. She never

22 said that, but that certainly is possible.

23 ANDREW JARECKI: Um, after it was clear that you 24 weren't going to, um, want to have a baby of your own, 25 there was some discussion about adopting a baby. 163

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LADA 133549 1 was sort of working fine. And -- and -- and, I mean 2 except that Douglas and Susanna were there, so that 3 wasn't gonna to work. And also, I just felt the 4 commute was ridiculous. 5 ANDREW JARECKI: Uh-huh. Um, so in the fall of 6 '75, she starts nursing school. That's when she went 7 to -- to West Conn. And I think that was -- if I'm not 8 mistaken, she was basically finishing college. She had 9 had a little bit of college, and she was going back to 10 get her -- 11 ROBERT DURST: She got -- she was able to keep 12 some of the credits from -- I can't remember if it was 13 Adelphi or Hofstra. One, or the other, she was able to 14 keep some of the credits for. But in -- in her, I 15 guess, summer, or after her second year, she decided to 16 go to medical school, and she had to take a whole bunch 17 of additional classes in order to -- to qualify to 18 apply for medical school. 19 ANDREWDeadline JARECKI: And that same year you had -- is 20 when you got that lake cottage? (3;25:45.7) 21 ROBERT DURST: Yes. 22 ANDREW JARECKI: And you rented it first, and then 23 you bought it later? 24 ROBERT DURST: No, we bought it. We bought it. 25 We moved out of where Douglas and Susanna were, and we 170

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LADA 133556 1 make it work. Or, yes, I brought in the lawyers, but 2 now let's get rid of the lawyers. That was a mistake. 3 Or, maybe we don't need the lawyers. So she was trying 4 to be heard in some way. Or, as you said, trying to 5 get -- trying to get some level of control. 6 ROBERT DURST: Yes. The latter. I like the 7 marriage, but I don't like you making all the 8 decisions. I'm here, too. (3:53:04.3) (15:28:31:21) 9 ANDREW JARECKI: When you first got together with 10 her, and she was 19 and you were 28, or something like 11 that -- 12 ROBERT DURST: Oh, there was no question about it. 13 She was just leaving everything to me. 14 ANDREW JARECKI: And was that very appealing to 15 you because you didn't have to deal with the issues of 16 control? 17 ROBERT DURST: Yeah. She was very pretty, I loved 18 being with her, and I was making all the decisions. 19 "Calling allDeadline the shots," as she would say. 20 ANDREW JARECKI: Do you always want that 21 situation? Or sometimes -- 22 ROBERT DURST: No. And -- and -- and she started, 23 you know, having her friends say, "You know, you're -- 24 you're both married. It shouldn't just be Bob deciding 25 where you're going to go to dinner." I remember we 195

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LADA 133581 1 were going to dinner with -- with -- with Wendy and her 2 husband. And, um, I had said, 'well, let's go to --" 3 whatever -- "And I'll tell Wendy and Dougie." 4 And she had said, "Well, listen. I don't know if 5 I want to go to 'such and such.'" And I said, "Why 6 not?" And that was -- and then that was the con -- 7 "Why don't you want to go to --" "Well, you know." 8 She -- it took her a while to get to the point of, 9 "Bob, I'd like to sometimes choose the restaurant." 10 ANDREW JARECKI: Well, it sounds like she was 11 getting -- naturally, getting more independence. 12 Because once she knew she wasn't going to have a baby 13 with you, it sounds like she was starting to "feel her 14 oats" a little bit, to feel like she had to get out 15 there and to make some decisions for herself. 16 ROBERT DURST: It took a while. But yes, yes. 17 When -- when -- when she wasn't having a baby 18 with me, but she was married to me, and she started 19 confronting,Deadline well: I want to be with Bob, but I also 20 want to have a baby. It took her a while to get to the 21 point of -- I -- what -- what -- what replaced the 22 baby, to a large extent, was when she decided she 23 wanted to go to medical school. And this became an 24 all-consuming thing. (3:54:50.9) (15:30:17:07) 25 ANDREW JARECKI: Well, we're just getting up to 196

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LADA 133582 1 that -- to that point. So that happened in -- in 2 September of '78, that she started to go to medical 3 school. And you had said at one point that you found 4 out that she had gotten into medical school. Um, we 5 talked about it in the commentary, but we haven't 6 talked about it in the interview. Um, tell me about 7 when you first heard that she was applying to medical 8 school. And -- 9 ROBERT DURST: Well, she said she wants to go to 10 medical school. And she -- she -- she'd -- was going 11 to go see her counselor about what you do. And, 12 seemingly, what you do is, you apply. She wants to go 13 to medical school, and she'd gone through the 14 requirements. What you need, what courses you needed 15 to take, in addition to the nursing courses, to apply 16 to medical school. 17 And she was taking additional courses. I think 18 she stayed an additional semester, or whatever it was, 19 taking theDeadline -- the courses that she needed. And she was 20 going to have to take the med MCATs, and she was 21 spending oodles of time on these additional courses, 22 which were seemingly much more difficult than the 23 nursing courses. And studying for the MCATs is a great 24 Dig deal. (3:56:04.0) (15:31:31:10) 25 Those things really did take up a big, big, big

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LADA 133585 1 chunk of her life. And she applied to 15 medical 2 schools. And with medical school, the way it was then 3 is, if they're going to accept you, they interview you. 4 If you get interviewed, you might be accepted to 5 medical school. If you don't get interviewed, forgei 6 it. It's over. That was like a, you know, having, 7 being rejected. They didn't reject you, they just 8 didn't give you an interview. 9 Out of the 15 medical schools, she was interviewed 10 by Albert Einstein. I remember how excited she was. 11 She'd got the letter that I -- she should call and 12 arrange an interview. And she said, "Well, that means 13 they might take me." And, you know, I -- I knew, at 14 that -- at that point, that my father had -- 15 had -- I mean, I knew my grandfather was a founder of 16 Albert Einstein, but at that point, my father had said, 17 "I spoke to Jack Weiler." And, uh, he -- he spoke to 18 somebody. He didn't say, "She's in." But she spoke to 19 Jack Weiler,Deadline and Jack Weiler was a "whatever" there. 20 And, um -- this is good. 21 Uh, Jack Weiler's gonna call whoever. And then 22 when she got the interview and -- and Albert Einstein 23 was far better than any of the other -- I mean, it's 24 one of the best in the world, I went through my mind, 25 you know, I'll bet that's what this is about. They

198

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LADA 133584 1 interviewed her, and she said it went real well. And. 2 um, she was expecting to get a letter. It's a skinny

3 letter if you're rejected and a thick letter if you're

4 accepted.

5 And up in South Salem, they don't -- they didn't 6 deliver the mail on Saturday. But for some reason, I

7 guess, that maybe they all knew. Uh, the -- the

8 acceptance letters go out on whatever date, and we

9 didn't get any letter that week. And then we called, 10 you know, up there, a small town, we called the post

11 office, and she said, "Do -- do I have any, you know 12 mail?" (3:58:07.8) (15:33:33:20)

13 And they said, well -- they told her yes. And

14 they made a special delivery for us. We'd given the

15 mail -- the -- the mailman a -- you know, a big

16 Christmas present, or whatever it was, and they brought

17 over Kathie's letter from Albert Einstein. It was in a

18 big, thick envelope. And she opened up the envelope. 19 And she mustDeadline have missed the first couple of pages, 20 which would say she was accepted. And she got to the

21 pages where it says, "You need to send 'such and such'

22 money, and you need to fill in the 'what' and you --

23 you have 'such a such' a time to accept this or -- o]

24 it's going to go away."

25 And we were flying. We were flying. (3:58:48.7)

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LADA 133585 1 career. I wanted her to have a career. 2 When she decided she wanted to go to nursing 3 school way back, I thought that was great. (3:59:57.0) 4 ANDREW JARECKI: Uh-huh. Um, so she enrolled in 5 Einstein in September of '78. And did that change her 6 level of self-confidence, who she was? 7 ROBERT DURST: (Inaudible Whispering 4:00:12.1). 8 At first, getting in made her much more self-confident. 9 But I remember when we went -- I went to see the 10 counselor at Albert Einstein with her and, uh, he -- he 11 showed us the list of people who'd been accepted last 12 year. And the schools they'd been to. And, I mean, 13 there was no state college on the list; nowhere, 14 anyhow. Um, all --almost all of them were either Ivy 15 League, or comparable schools, or else foreign schools 16 with top names, the Sorbonne, London School of 17 Economics, American University in Beirut, it just went 18 on and on. 19 The bestDeadline colleges in the world. And the guy said, 20 "Mrs. Durst, you're going to have a tough time with 21 this. You should take practice -- referral courses 22 whatever they call it -- "This summer to bring yourself 23 up to where some of the others are." And -- and the 24 guy told her, "A bunch of our students have advanced 25 degrees." And one of the guys we became most friendly 201

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LADA 133587 1 with had a PhD in pharmacology, which takes in all the 2 different science -- sciences like that. They'd all 3 had advanced degrees. (4:01:24.4) 4 When she got to school the first time, she really 5 could tell that they were all ahead of her. And she 6 was struggling with the course material. And I said, 7 "Is anybody else that you know of having difficulty 8 with it?" She says, "No, the others have all had it in 9 college. This is -- this is all new to me, but they've 10 all seen it before." She said they all sat there in 11 the lecture courses and read The New York Times. 12 ANDREW JARECKI: Um, now, in, uh, April of 1979, 13 which is, uh, you know, a little more than half a year 14 after she started at, uh at medical school, uh, she 15 said the two of you went to a party, and that you were 16 both drunk and you came home and that was the first 17 time that she remembers, uh, that you had hit her. You 18 had an argument. And that -- that you slapped her, or 19 something Deadlinelike that. Do you remember that? 20 ROBERT DURST: No. I don't remember the first 21 time I had slapped her or hit her. (4;02;23.1) 22 (15:37:49:09) 23 ANDREW JARECKI; Do you remember other times that 24 -- that, uh -- 25 ROBERT DURST: Oh, yeah. By -- by -- by 1981, our

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DADA 133588 1 life was half arguments, fighting, slapping, pushing, 2 wrestling. 3 ANDREW JARECKI: And, um, do you remember any 4 specific time -- 5 ROBERT DURST: And, I mean, whatever year it was 6 when I, you know, yanked her by her hair and arm and 7 yanked her out of the house. I think that was '80. I 8 could be wrong on that, though. But around that time, 9 um, when -- when, uh, I thought that she was -- I mean, 10 we'd go to a party, and as usual, I would get sick of 11 it after 45 minutes, or an hour, and I'd want to go. 12 And, initially, she would always go with me. And then 13 now and then, she started saying, "Well, no, I'm having 14 a good time. I want to stay." 15 I said -- and -- and my thing was, "We are 16 leaving." Her thing, when -- when it got to be -- 17 well -- well, she wants to stay. I tell her, "All 18 right. You can stay, but I'm leaving." 19 ANDREWDeadline JARECKI: And was she upset that you 20 wouldn't stay with her? 21 ROBERT DURST: Yes. Yes. She said, "Well, when 22 you want to leave, I leave. Now, here it is that, um, 23 I want to stay. I want you to stay with me." I said, 24 "Well, you can stay, but I'm not gonna stay." We had 25 that a lot.

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LADA 133589 1 ANDREW JARECKI: Uh-huh. 2 ROBERT DURST: Do whatever you want to do, but I'm 3 not going to do it with you. 4 ANDREW JARECKI: Uh-huh. Um uh, she talks 5 then, a little later in '79, she says that you argued 6 over something minor, and that that was a time that she 7 remembers you hit her harder. That you had actually -- 8 she felt you had punched her, as opposed to just 9 slapping her. Do you remember that escalating -- 10 ROBERT DURST: No, I don't -- 11 ANDREW JARECKI: -- in any way? 12 ROBERT DURST: -- what she would have been 13 referring to. There were lights -- lots of fights, if 14 you will. 15 ANDREW JARECKI: In your recollection, other than 16 the pulling of the hair, or something, is there a time 17 when you remember hitting her pretty hard, or having a 18 big wrestling match -- 19 ROBERTDeadline DURST: No, I don't -- 20 ANDREW JARECKI: -- where things -- 21 ROBERT DURST: -- her hitting -- hitting her 22 pretty hard. I would wrestle and push and shove. Go 23 into the bedroom and take a pill and go to sleep. Or 24 leave wherever it was she was at. 25 ANDREW JARECKI: And the -- tell me about the 204

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LADA 133590 1 The Croydon Hotel. 2 ROBERT DURST: That's it. That's it. 3 ANDREW JARECKI: Yeap. Um, so then right around 4 that time was Christmas at, uh -- at Ann McCormack's, 5 uh, which we talked about. Um, and that was in New 6 Hyde Park. When there was the hair pulling incident 7 that -- 8 ROBERT DURST: Yes. Yes. And the hair pulling 9 wasn't even the worst. There were numerous -- I don't 10 -- not numerous, but a whole bunch of other times I 11 would grab her and say, "We're leaving." 12 ANDREW JARECKI: And were they, uh I mean, the 13 hair pulling was obviously dramatic because it was hair 14 and there were people there and people saw it and maybe 15 it was more public. I don't know. Tell me about, uh, 16 you know, if you remember another incident or two. 17 ROBERT DURST: Nothing as dramatic and exciting 18 like that, but it would be me saying, "The time is up." 19 Going and Deadlinegetting her coat and her purse and saying, 20 "Come on. We're leaving." And pulling and shoving, 21 whatever; leaving. 22 ANDREW JARECKI: And did she, ultimately, succumb 23 when you did that? I mean, when you exerted a certain 24 amount of pressure, did -- 25 ROBERT DURST: Yes, when I -- 219

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LADA 133605 1 who had -- had lawyers. This woman who had lawyers 2 leaning on her husband for a year and a half, and she's 3 never filed for a divorce. I think he -- he felt Bob 4 Slaughter was my lawyer, and he was a well-known, 5 successful guy. He felt they're not going to give her 6 that much. (4:53:20.0) 7 ANDREW JARECKI: And the, um -- um, the lawyers 8 that had been leaning on you for that period of time, 9 had they been people that were paid by you? 10 ROBERT DURST: Her lawyers. 11 ANDREW JARECKI: Yeah. 12 ROBERT DURST: I was paying her lawyers. I paid 13 them for the whole time. 14 ANDREW JARECKI: And how'd you feel about that? 15 ROBERT DURST: Oh, that was part of it. You know, 16 soon as I -- I -- I got the -- the certified 17 check, I said, "What's this about?" And then I got 18 letters from her lawyer. I said to you (sic), "Are you 19 seeing somebody?Deadline What is this about?" And she said 20 she wants her independence. She doesn't me to be 21 controlling her all the time. I -- "Do you want a 22 divorce?" "Oh, no. I don't want a divorce. I want 23 our marriage to be right and good and wholesome and 24 wonderful." And that's what she kept telling her 25 lawyer. 249

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LADA 133635 1 mean, before I knew that she had any of these issues 2 about being independent and about -- I mean, she -- I 3 knew that she didn't want me to be so controlling, but 4 I -- I found out she hired a lawyer. That was when I 5 found out about it. There was never a -- of her saying 6 to me, I want this much a month, which would -- and 7 that would have been reasonable and logical and 8 want you to give me more money every month. 9 ANDREW JARECKI: Um -- 10 ROBERT DURST: I mean, we had a joint bank 11 account. She wrote checks for whatever it was she 12 wanted to do, up until the confrontation. 13 ANDREW JARECKI: I mean, it -- it's sort of an 14 unusual situation to have a -- um, a lawyer, you know, 15 monitoring your marriage during your marriage. If 16 somebody wants to get a divorce, they say, I want to 17 get a divorce, and then there's some rules about how 18 that happens. But for her to have the lawyers in there 19 for a yearDeadline and a half, you know, getting paid and 20 having an interest in staying involved -- 21 ROBERT DURST; And they weren't doing that much; 22 neither hers nor mine were doing hardly anything, so 23 they weren't getting paid that much, I don't believe. 24 Um -- 25 ANDREW JARECKI: What did she -- I mean, what was 251

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LADA 133637 1 some kind of a penthouse, so that means that she 2 climbed out the window at risk of her life. They were 3 on the 12th Floor, the 14th Floor. She was on a tiny 4 little ledge. She crawled over. She knocked --" You 5 know, and I don't think that's quite what happened 6 either. I don't think people understand that there was 7 a -- quite a large terrace out that. That, actually, 8 she was climbing from one to the other. It's not like 9 she was about to fall over. 10 Um, but I'm trying to understand what was the 11 thing that drove her in that situation? 12 ROBERT DURST: I don't -- why that night she 13 decided to climb out on the -- we're -- I mean, we were 14 having a -- a verbal argument, and then the verbal 15 argument turned into a little bit of a pushing and 16 shoving. And she climbed out the window, and I went to 17 -- after she just got out the window, I shut the 18 window, and I went to bed. And then my neighbors 19 showed up Deadlineat the door. "Your wife's over at my house. 20 She says you're beating the shit out of her, and show - 21 - she's afraid to come home." (5:04:06.8) 22 (16:55:30:02) 23 And that's what I said to him, you know, "She -- 24 she's got this apartment on 86th Street. She wants to 25 get some stuff together and go over there, she can come 259

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LADA 133645 1 ANDREW JARECKI: So you think that she was -- 2 ROBERT DURST: And the police showed up when -- 3 when -- when after she disappeared, and the police came 4 over, and they brought up the -- and I went -- I went 5 and, "Here's her bank account. Notice it's got just 6 her name on it. Here's her stock brokerage account." 7 And, you know, for a police officer, this -- this 8 this lady, barely 30, with this much money in her own 9 name, you know, this was, um -- you know, she's 10 she's got money. 11 ANDREW JARECKI: Uh-huh. And the -- the, uh, the 12 cutting off -- sorry. The, um -- uh, the 13 discussion about cutting off her credit cards and 14 stuff, I think you say that that happened -- 15 ROBERT DURST: Absolutely. As soon as it 16 happened, my lawyer said, "You've got to get her off 17 your credit card. Let her get her own credit card." 18 ANDREW JARECKI: Did you tell her that you were 19 going to stopDeadline her credit card? 20 ROBERT DURST: Absolutely. I I did stop 21 the credit cards. I cancelled our credit cards, and I 22 opened up one in my name, and I told her. I said, the 23 same thing with the bank account, "You've got your bank 24 account. The household bank account, I'm shutting. 25 You can, you know, I'll -- I will give you a --" I 261

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LADA 133647 1 think the thing was $4,000 a month, plus lawyers, and 2 plus shrinks, and a couple of other things like that. 3 Uh, and I was giving her that much money every month, 4 but that was all she was getting. (5:06:28.7) 5 (16:57:53:20) 6 ANDREW JARECKI: And why do you think she was 7 borrowing money from the parking lot attendant and -- 8 ROBERT DURST: I think she was telling people how 9 bad I am. 10 ANDREW JARECKI: So she had money, but she was 11 using that as a -- 12 ROBERT DURST: Absolutely. And I showed the 13 police the bank accounts. I remember they all looked 14 at one another and, you know, here's this kid in 15 college with all this money. 16 ANDREW JARECKI: Uh-huh. Um, Tom says that, uh -- 17 uh, that not only had he loaned her money, but that he 18 -- she had shown him bruises. That she had bruises on 19 her back andDeadline -- 20 ROBERT DURST: Oh, everybody -- 21 ANDREW JARECKI: -- on her legs. 22 ROBERT DURST: -- talks about the bruises but, you 23 know, nobody ever (Untranslatable Sound; Laughter 24 5:07:04.4) saw bruises. 25 ANDREW JARECKI: Well, Tom said that he told the

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LADA 13364/3 1 got the dog out of the kennel.

2 ANDREW JARECKI: Uh-huh.

3 ROBERT DURST: Went to the house in South Salem.

4 Very possible she saw the Mayers. I don't have any

5 idea what she did. What I remember doing was getting

6 up to South Salem exhausted and going to sleep until

7 the evening. Now, maybe she saw them in the evening.

8 ANDREW JARECKI: Yeah. Well, they said that she

9 saw them in the evening. Maybe it was Saturday. Um,

10 but she talked a lot about divorce. She talked about

11 uh he said -- Bill Mayer said she drank wine, and

12 she drank wine --

13 ROBERT DURST: Oh, drinking wine was one of her

14 things. And she kept the coke away from people like

15 that. Because you -- you know, they're very, very

16 straight-type people. If she'd gone in and started --

17 they would have freaked out. Drinking wine, she would

18 do. Talking about divorce, she would do all the time. 19 ANDREWDeadline JARECKI: Yeah. Yeah, well she was 20 definitely talking about it --

21 ROBERT DURST; Oh, can I -- (5:17:58.4)

22 ANDREW JARECKI: -- and that --

23 ROBERT DURST: -- can I get a bottle of water?

24 ANDREW JARECKI: Yeah, yeah. Do you want to grab

25 -- get somebody to grab one?

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LADA 133659 1 after -- you know, around 1:00 -- 2 ANDREW JARECKI: Right. 3 ROBERT DURST: -- like that. And stayed until 4 around, uh, 6:00, 7:00. (5:21:06.4) 5 ANDREW JARECKI: Right. And you spoke to her 6 before she left the party? 7 ROBERT DURST: Yes. I I -- I -- I called her 8 to remind her that, you know, I'm going to -- "We gotta 9 get up and we gotta get out of here. And, uh, I'm 10 going to take the dog back to the kennel because he'd 11 had this, uh, procedure done, but it still wasn't all 12 fixed. Um, they -- they said, "Yeah, you want to take 13 him for the weekend, if he's good, that's terrific. 14 But you want to bring him back on Monday." And I had 15 this closing with Douglas, uh, buying a property on 16 43rd Street. I think we were supposed to be there at 17 noon. 18 ANDREW JARECKI: Uh, that was going to be on, uh 19 - on Monday?Deadline 20 ROBERT DURST: Yes. 21 ANDREW JARECKI: Right. 22 ROBERT DURST: And that happened on Monday. We 23 went ahead and did that. 24 ANDREW JARECKI: Right. So the night that she 25 disappeared, that, uh, that Sunday night, or the last 277

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LADA 133663 1 night that you saw her, um, I think, uh -- do you want 2 to just take me through what you remember happening 3 that night? (5:22:07.5) 4 ROBERT DURST: She gets back from Gilberte's,

5 maybe 7:00, or whatever, angry at me; loaded. Uh , 6 walks around the house, doing stuff and announcing that 7 she wants to go to the city. I said, "You can go to 8 the city if you want, but you -- you know, you can't 9 drive. And I'm not going to go to the city." And we 10 had -- 11 ANDREW JARECK/: She couldn't drive because of her 12 condition? Or she was... 13 ROBERT DURST: Can drive any time. You know, her 14 condition didn't bother me at all, but we only had one 15 car. We just had the Mercedes up there. So she was 16 I wasn't going to go back, uh, Sunday night. So the 17 car and me and the dog were staying in South Salem. 18 You can't take the dog to the kennel Sunday night 19 anyway, untilDeadline Monday, when I would take the dog to the 20 kennel and go into the city. 21 So if she wants to go to the city, she can take 22 the train. And she says, "No, I'm taking the car." 23 And I went and got the keys out of the car and told her 24 that she's not taking the car because I'm not giving 25 her the keys. And I wasn't not -- not giving her the 278

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LADA 133664 1 keys because she was loaded. I mean, she'd driven back 2 from Gilberte's house just as loaded, no problem. 3 But this was her thing. If she wants to go to the 4 city, I'll take her to the train station. Wants to go 5 to the city, she can call a cab. But she's not taking 6 the car. That was an argument. (5:23:28.8) 7 ANDREW JARECKI: Was that argument just a verbal 8 argument? 9 ROBERT DURST: No, that was a pushing, shoving 10 argument. 11 ANDREW JARECKI: And, um, so at some point during 12 the -- the course of that night, she -- you guys split 13 some wine, and there were some hamburgers and something 14 15 ROBERT DURST: Oh, wait, wait, wait, wait, wait, 16 wait. I had eaten. 17 ANDREW JARECKI: Uh-huh. 18 ROBERT DURST: Um, I assumed she had eaten at -- 19 at Gilberte's.Deadline But we didn't eat. Maybe, we had some 20 snacks, or something, crackers and cheese. I -- I just 21 don't remember. We didn't make dinner. (5;24;03.3) 22 ANDREW JARECKI: I think in your, uh I -- I 23 think you said to -- to Detective Struk, when you saw 24 him -- uh, you said that Kathie came home from her 25 party around 7:30. You had hamburgers. And you split

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LADA 133666 1 a bottle of wine. And then you told Struk that you had 2 an argument because she had been gone all day and blown 3 off your dinner plans. And that was the -- a version 4 of it. 5 ROBERT DURST: That's not a version I remember. 6 ANDREW JARECKI: Um, so in any event, the car keys 7 were, uh, an issue of contention. 8 ROBERT DURST: Yeah. I wasn't giving her the car 9 keys because I had, you know, she takes the car, and 10 I've got the dog up here -- tomorrow morning, what 11 what am I going to do? 12 ANDREW JARECKI: Uh-huh. And so, eventually, she 13 capitulated, and she agreed to take the 9:17? 14 ROBERT DURST: At the last minute. When she 15 realized I wasn't giving her the keys, I wasn't 16 driving. Oh, and she called a taxi, and they -- they - 17 - they had shut for the -- for the day, weeknight, 18 whatever. There's only one, Towie Taxis, up there. 19 ANDREWDeadline JARECKI: Um, and after the, uh -- so then 20 you took her to the station. 21 ROBERT DURST: Yeap. 22 ANDREW JARECKI: Put her on the train. It was 23 raining. 24 ROBERT DURST: It wasn't yooky (Phonetic). 25 (5:25:11.6)

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LADA 133666 1 ANDREW JARECKI: And, um, then you went to the 2 Mayer's to have drink. 3 ROBERT DURST: Yeah, that's what I told the 4 police. I was hoping that would just make everything 5 go away. I didn't go to the Mayer's. I Just took her 6 to the train station, went home and went to sleep. 7 ANDREW JARECKI: And why -- why would that have 8 made everything go away? 9 ROBERT DURST: Oh, that I'm at the Mayer's. They 10 wanted to hear, you know, "What did you do?" So I told 11 them I did that. I -- I just never got through my mind 12 -- it was like a negotiation. You tell somebody 13 something, and -- well, that's it. Uh, they -- they 14 don't go back there. They don't -- they don't look for 15 motive. And "why is he telling me this" kind of thing. 16 I thought that would get them to, you know, leave me 17 alone. Accept the missing person, and like that. 18 (5:25:55.0) 19 ANDREWDeadline JARECKI: When you first went to see Struk 20 -- we talked about the fact that you had talked to your 21 family a little bit. The people said, oh -- 22 ROBERT DURST: No. Nobody wanted me to report her 23 missing. But Kathie is missing. Um, yeah, that -- 24 that was going to get, you know, newspaper coverage, 25 which it obviously did. Uh, and she's doing this as 281

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LADA 133667 1 sister had come up with this idea, "Well, you'll -- 2 this will change things." I don't know what exactly -- 3 I -- I don't know that I ever filled in all the little 4 pieces of all that, but I just wanted to get done with 5 it. I'm gonna report it, and that'll be that. I -- I 6 did not go through my mind that police ask oodles of 7 questions and go here and there and everywhere. Just 8 wasn't used to that. I was never -- I was not used to 9 somebody questioning my motive. (5:32:58.7) 10 ANDREW JARECKI: Uh-huh. 11 ROBERT BURST: Questioning my veracity. 12 ANDREW JARECKI: Um -- so after you, uh uh, 13 went back home, the night that she went missing on 14 Sunday night, there was some discussion about you -- 15 that you spoke to her at some point. Somebody called 16 somebody. What was that? 17 ROBERT DURST: Yes, yes. That was the last part 18 of my, you know, the police are going to leave you 19 alone now.Deadline I say, I -- I said, I called her. And I 20 said, I stopped at a pay phone on the way home. Or, I 21 went out for a walk later, and I -- and I called her 22 from the pay phone. She answered the -- the -- the 23 phone. And that puts her in the city. And, uh, 24 they're going to leave me alone now. Just accept this, 25 and they'll go look for her. 288

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LADA 133674 1 If she -- if she's, you know, really missing, if 2 whatever, they'll -- they'll -- they'll look for her, 3 and I'll have done the right thing. 4 ANDREW JARECKI: Did the, um -- uh, the process of 5 -- let's say you were sitting in the precinct. You're 6 talking to Mike Struk. And you know that you're 7 telling them something that's a lie, did you -- was 8 there a speed bump in there? Did you think to yourself

9 I -- 10 ROBERT DURST: I thought I was going to tell them 11 this, they were going to see that Kathie got to the 12 city. They were going to go look for Kathie. Kathie 13 did get to the city. She didn't jump off the train. 14 ANDREW JARECKI: But, in the course of telling the 15 story to the police, making a decision to tell them 16 what the Germans call a "blitz luger," which is like, 17 you know, a convenient quick lie. Um uh, did you -- 18 do you remember a feeling of, I'm definitely lying to 19 the police?Deadline I'd like to get this over with and be back 20 home? Or what -- how did -- how -- what was going 21 through your mind? 22 ROBERT DURST: Yes. That was exactly it. I'm 23 gonna tell the police I saw -- saw Bill and Ruth Mayer. 24 That'll put me back at the house. I'll tell them 25 went out for a walk and called her. That will confirm 289

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LADA 133675 1 that she was in the city. And that'll be the end of 2 it. And she did go to the city. (17:26:35:00) 3 ANDREW JARECKI: Did you, uh -- did end up 4 speaking to her that night? 5 ROBERT DURST: No. 6 ANDREW JARECKI: So there was a lot of discussion 7 about this phone call? 8 ROBERT DURST: Yes. (5:35:21.1) 9 ANDREW JARECKI: What -- what -- give me a few 10 examples of the various versions of that, uh, story. 11 Because it sounds to me -- I understand -- 12 ROBERT DURST: My story -- 13 ANDREW JARECKI: -- what you're saying now. 14 ROBERT DURST: -- was I went out for a walk and 15 went to the -- there's a pay phone on Lake 16 Truesdale, not that far from our house, maybe, a third 17 of a mile. But I went out for a walk, took the dog, 18 and -- and -- and said I called her from the pay phone, 19 and she answeredDeadline the phone. (5:35:45.1) (17:27:07:14) 20 ANDREW JARECKI: Um, and there was another version 21 of that, I think, that you -- at some point you told 22 the state police, I guess -- first, you told Struk, I 23 think, um -- I mean, I have to say this 24 actually kind of comports with what you're saying, and 25 it's answered a question for me I've had for a long 290

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LADA 133676 1 time, which is that, this is -- the -- the number of 2 versions of this are so many that I -- that -- that the 3 simplest solution is to understand that, you know, if 4 you answered it quickly, and then you answered it a 5 different way and a different way and a different way, 6 it actually makes more sense to me, than you told one 7 person one thing, and another person another thing. 8 I -- I remember, um 9 ROBERT DURST: I think I was pretty consistent. I 10 knew I couldn't say I called from the house because 11 there'd be a record of the phone call. 12 (5:36:32.6)(17:27:52:10) 13 ANDREW JARECKI: Well, I think that you, um I - 14 - my recollection is that you said to Struk that you, 15 uh -- that you got back home, that you called, um, her 16 at the apartment to make sure she got in okay. That 17 she was watching the eleven o'clock news. That her -- 18 ROBERT DURST: That's what -- just what I said. 19 ANDREWDeadline JARECKI: And, um -- uh, and then when the 20 state police came to see you, they said, "Well, where 21 did you call her from?" And you said, "Oh, I called 22 her from the house." Um, and they said, "Oh, okay. 23 We'll just check the phone records." And then you 24 said, "Well, maybe, I didn't call her from the house." 25 ROBERT DURST: No, no. I was --

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LADA 133677 1 ANDREW JARECKI: -- "Let me think about that." 2 ROBERT DURST: -- speedier than that. I knew I 3 couldn't call from the house. "I would have to go out 4 on this rainy night and give her a call." 5 ANDREW JARECKI: Um, and I think it was 6 ROBERT DURST: I 7 ANDREW JARECKI: -- yeah, go ahead. 8 ROBERT DURST: -- was -- it wasn't -- everybody -- 9 everybody's reporting that it was pouring. It was 10 drizzling off and on all weekend long, but it wasn't 11 pouring. I don't think it was pouring. (5:37:31.7) 12 ANDREW JARECKI: Um, now, and -- and, so at some 13 point, you said you called from -- you told Struk you 14 called from the -- from the -- from the house. And 15 then you told state police something different, that 16 you called -- that you had taken this walk. 17 ROBERT DURST: I thought I'd told everybody that I 18 took -- went home and hung out for a little while and 19 then took Deadlinethe dog for a walk and called from the pay 20 phone. There's only one pay phone. 21 ANDREW JARECKI: Right.

22 ROBERT DURST: There's a little store there, and

23 that's --

24 ANDREW JARECKI: And somebody told me that you 25 said that you called from Tatters? Another time you

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LADA 133678 1 said, "I called her from Tatters?" 2 ROBERT DURST: Yeah. There -- there was a 3 restaurant on the way, but -- but that wasn't me. 4 mean, I was asked, "Well, the nearest pay phone is 5 'such and such.' Are you sure you didn't call from 6 that restaurant that stays open late?" But the pay 7 phone was just as close as the restaurant. 8 ANDREW JARECKI: Right. And either way, you 9 didn't make that call anyway? 10 ROBERT DURST: No. No. 11 ANDREW JARECKI: Um -- 12 ROBERT DURST: I didn't go see Bill and Ruth for a 13 drink that night. (5:38:29.2) (17:29:50:13) 14 ANDREW JARECKI: Right. And the, uh -- the -- the 15 story about, um -- uh, about the calling from the pay 16 phone, um -- 17 ROBERT DURST: That was what I think I said, more 18 or less, consistently. 19 ANDREWDeadline JARECKI; Now, that would have been tricky, 20 ultimately -- I -- and I don't know whether anyone ever 21 busted you on this element of it, but somebody would 22 have said, So you took the dog for a walk -- 23 ROBERT DURST: The dog would go with me. He was 24 never on a leash -- not in the city, not in the 25 country. I would get up and go out and he would come 293

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LADA 133679 1 this -- sorry.

2 MALE SPEAKER: "B" set.

3 ANDREW JARECKI: Okay. Thanks.

4 FEMALE SPEAKER: And set.

5 ANDREW JARECKI: Um -- where were we? We're on --

6 on -- uh -- yeah, I -- I guess the question is, just

7 from a, you know, what you're trying to achieve.

8 ROBERT DURST: I wanted them to accept a missing

9 person. She's missing. She's missing. I don't know

10 where she is. I don't think she's with a boyfriend. I

11 don't think she would not go to medical school. I'm

12 talking to Struk, in particular, I'm talking to the

13 people before him. I'm convincing them that they're --

14 that she's missing. And I came up with, well, I know

15 she's missing, and I -- I -- I saw Bill and Ruth Mayer

16 after dinner. After I took her to the station, I told

17 them. I made the phone call. And this was to get the

18 police to accept that she's missing. 19 ANDREWDeadline JARECKI: Well, Bill says that the next day 20 -- I believe, it was the next day that --

21 ROBERT DURST: Well, wait a minute. So -- so

22 Sunday night, Kat -- Kat -- Kat -- I put Kathie on the

23 train. She goes to the city. The next day is Monday.

24 Monday; I get my act together and get the dog. I had

25 to wait till nine o'clock because I'm waiting till the

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LADA 133689 EXHIBIT 2

Deadline LOS ANGELES COUNTY DISTRICT ATTORNEY

PEOPLE OF THE STATE OF ) Case No. SA089983 CALIFORNIA, ) Plaintiff, ) ) vs. ) ) ROBERT DURST, ) ) Defendant. ) )

INTERVIEW OF: ROBERT DURST

BY: ANDREW JARECKI (MOVIE DIRECTOR)

AUDIO FILE NO.: UNEDITED ALL GOOD THINGS COMMENTARY

TRANSCRIBED BY: APRIL MARIE CARLOS JOB NO.:Deadline PS-08

LADA 133072 1 MR. JARECKI: Uh-huh. Was there a moment when you 2 felt, um, that her effort to kind of get out there and 3 go to medical school and do those things went from 4 being a dis -- you know, a good activity for her, 5 career for her, and it started to be a distraction from 6 her relationship with you? (0:52:03.5) 7 MR. MIST: Well, I was always, always, always 8 very controlling. Um, in terms of the stuff that's out 9 there, that I tried to get her out of medical school, 10 and that I wouldn't pay her tuition. I wouldn't pay 11 her tuition because she'd hired lawyers. My lawyer had 12 insist that I don't pay for anything I -- haven't paid 13 for, being the past, and she had gone and done one of 14 those federal programs where you -- they pay for it, 15 and you take a loan. The lawyer said, "Don't pay for 16 the medical school." And that was when she -- she 17 first disappeared, and I didn't know where she was. I 18 knew that she was doing bad in school, gotten a whole 19 bunch of "incompletes,"Deadline and I was under the impression 20 that she wasn't sure she was going to graduate. This 21 is close. After a number of years, before I would go 22 to her family's house for a function, I would insist 23 that, uh, we agree on how long we're going to stay; two 24 hours, three hours, four hours. We would always do a 25 negotiation, and when the time was up, I was ready to

30

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LADA 133101 1 you know, that -- that she was going to be able to make 2 a, you know, an argument that -- that somehow she had 3 something on you, and that was gonna really motivate 4 you? I never -- I never got the feeling that was a -- 5 a -- that there was a successful strategy there. 6 MR. DURST: Uh, no, I mean there was no successful 7 strategy, but by then, I mean, she never filed for 8 divorce. She didn't want a divorce. She wanted, uh, 9 to have a child, or children, and she wanted me to not 10 always be the dominant one, not make all the decisions 11 in the marriage. But by towards the end of it, of 12 having had the lawyers and the fights for more than a 13 year, we'd both started having affairs. I had met 14 somebody I liked a lot, and they liked me a lot, I 15 thought. And I was beginning to think that, uh, I 16 should be the one who should file for divorce. Now, my 17 lawyer told me that filing for divorce when your wife 18 is in the last six months of medical school is going to 19 look terrible.Deadline It's the wrong thing to do, you don't 20 do that to people. You should wait until she gets out 21 of medical school, and then you'll do whatever it is 22 you think you should do. (1:02:00.5) 23 MR. JARECKI: We heard this story from from a 24 number of people, that she, that in her -- you know, 25 when things started to get a little frayed, that she

36

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LADA 133107 EXHIBIT 3

Deadline

BCI.21 LEAD WORKSHEET This Por-in may be Handwritten CASE /I

CHARACTER LEAD OF OF CASE MISSING PERSON KATHLEEN DURST SHEET LEAD DATE RECEIVED BY SOURCE DA-I-11\01100 LEAD GNED TO %Z1-3-04- ASSIGNED BY S wu.GAIVI D INSTRUCTIONS

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FURTHER ACTION REQUESTED IF "YES", EXPLAIN Yes

LEAD LEAD TITLE TITLE 411111 SHEET'S SHEETil -WED BY

List all persons Interviewed, Include date, DOB, address,employment, telephone U ( borne & business). List all places flecked, (e.g. taverns, gas stations, businesses, etc.) •

LADA 079600 BOX 007-CIVILIAN WITNESSES MI THRU Z-000185 EXHIBIT 4

Deadline LOS ANGELES COUNTY DISTRICT ATTORNEY

PEOPLE OF THE STATE OF ) Case No. SA089983 CALIFORNIA, ) Plaintiff, ) ) vs. ) ) ROBERT DURST, ) ) Defendant. ) )

INTERVIEW OF: ROBERT DURST (12-13-10)

BY: ANDREW JARECKI (MOVIE DIRECTOR) AND UNIDENTIFIED MALE SPEAKERS AND FEMALE SPEAKER

AUDIO FILE NO.: DECEMBER 13, 2010 DAY THREE

TRANSCRIBED BY: APRIL MARIE CARLOS JOB NO.:Deadline PS-14

LADA 133703 1 FEMALE SPEAKER: This one's set. (0:04:25.9) 2 ANDREW JARECKI: All right. So yesterday, when we 3 broke, uh, we were talking about the week after Kathie 4 disappeared. And I thought it might be more productive 5 than me saying, "Oh, what about this?" and you saying, 6 "Oh, what about this?" It might be more productive for 7 you to just take me through your recollection of what 8 happened Monday, Tuesday, Wednesday, Thursday, Friday 9 leading up to your going to the police and -- and 10 reporting her missing. You can take your time and -- 11 ROBERT DURST: Wait, wait, wait, wait. This is, 12 she disappears Sunday night, and this is this next 13 week? 14 ANDREW JARECKI: Yeap. 15 ROBERT DURST: And you're asking me what? 16 ANDREW JARECKI: Just to take me through your 17 recollection of what that week was, uh, comprised of. 18 What happened each day of that week. (10:02:53:01) 19 ROBERTDeadline DURST: Uh, Monday. I drove to the city, 20 took the dog to the kennel or where -- the vet -- the 21 kennel, took the dog to the kennel on the way to the 22 city. Went to a closing with Douglas and our partners 23 Dick Berry and Tony Zunino. I must have gotten there 24 around 12:00ish. Uh, I must have left around 2:00, 25 2:30, went to the office for maybe two hours, went to

5

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133707 1 heard was, "Don't call the police," but because the 2 medical school was calling, and Debbie was missing all 3 her classes, or lots of classes. "Where is she? Does 4 she live with you?" 5 Um, I called the police, and the police said, "We 6 don't -- we don't -- are you a relative? Had any 7 difficulties in the marriage?" They didn't want to take 8 the case at all. And that's just -- just the 9 receptionist; this must have been her instructions. So 10 they, uh, recorded the phone call, and I told the lady 11 I'd go in Friday. (0:07:56.7) (10:05:38:03) 12 Friday morning, went to the city, left the dog in 13 the country; can't remember if I drove to the city or 14 did not drive to the city. I take the train or I 15 drive? Anyway, I went to the city. Uh, Friday 16 morning, went to the office, went to the police 17 precinct that afternoon, um, made a fuss about the 18 missing person; medical school, rich person. And then 19 they startedDeadline investigating and, "How's the marriage 20 doing?" And I started out with, "Not so bad." And 21 then spoke to Gilberte and Mary and found out, "Oh,

22 it's pretty terrible." 23 And when I got up there, the state police came 24 over, and they wanted to talk to me after Mike Struk I 25 did that and stayed there over the weekend. Oh, and I

7

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 1337()9 1 ROBERT DURST: -- Sunday night. 2 ANDREW JARECKI: So -- sorry. I'm -- I can be 3 clearer. When you told Struk on Sunday night -- sorry. 4 When you told Struk that the Sunday night that you last 5 saw Kathie, you had dropped her off at the station, and 6 then you went to the Mayers' for a drink, the 7 neighbors. Um, you told me the other day that you, 8 uh, had tried to be consistent about that story. That 9 the -- "I went to see the Mayers and --" do you 10 remember that you also told that to Jim, to her 11 brother? That you had spoken to her on -- on Sunday 12 night? (0:50:27.9) 13 ROBERT DURST: I -- so -- so -- so -- see, this is 14 not my recollection. I don't remember speaking to her 15 brother. So her brother must have been Thursday night. 16 ANDREW JARECKI: Yes. (0:50:37.3) (10:51:51:19) 17 ROBERT DURST: Okay. So her brother's Thursday 18 night. I don't remember what -- what the conversation 19 was. Oh --Deadline I don't remember what the conversation was. 20 ANDREW JARECKI: But to be consistent, you would 21 have probably told everybody about the same thing? 22 ROBERT DURST: I -- I have no idea. I told 23 every -- I told Detective Struk because I wanted

24 Detective Struk to take a -- the missing person and do 25 what they're supposed to do, theoretically, according

43

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133745 1 to me, uh, with missing persons. I didn't want the 2 police to feel, "Oh, she just ran off." Or there'd be 3 no reason to go there. She probably is with some other 4 guy. Don't worry -- well, I didn't say that, but, 5 "Hey, she's probably with some other guy." That's what 6 I kept hearing. 7 ANDREW JARECKI: And telling them that you had 8 spoken to her that night was a way to get them -- 9 ROBERT DURST: Yeah, it's in the city. It's not 10 up there in the country like Gilberte's telling you. 11 ANDREW JARECKI: So you were trying to place her 12 in Manhattan? (0:51:47.7) (10:53:03:20) 13 ROBERT DURST: Yeah, the -- the -- immediately 14 after Detective Struk spoke to Gilberte, and Gilberte 15 had broken into my house and called the police and the 16 police have been there, now I'm worried about Igor. 17 Did they let Igor out. Uh -- and Detective Struk, 18 initially, he didn't, you know, wanted, "Oh, we're just 19 having an Deadlineargument." And then, "They say she said 20 you've been threatening her a long time, and they're 21 sure that if something happened, it happened in South 22 Salem." And they've already called the state police. 23 And they're gonna meet you -- "The state police are 24 gonna meet you at the house when you get up there 25 later. Um, they're handling it." 44

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133746 1 ROBERT DURST: No. (10:58:24:09) 2 ANDREW JARECKI: Um, all right. So just to -- 3 to -- to summarize this whole period, um, last time you 4 saw your wife was Sunday night. You put on her on the 5 train on a rainy night. You sent her off to New York 6 City. You told the police that you called to make sure 7 she was okay. That wasn't true, but it was a way to 8 get them motivated to do something about it in the 9 city. So, as of Sunday night, you didn't know whether 10 she was okay or not. 11 ROBERT DURST: I -- no reason to think she wasn't 12 okay. She was okay. 13 ANDREW JARECKI: All right. But in any event, 14 there hadn't been any kind of check-in, um, to see if 15 she was okay? 16 ROBERT DURST: I -- I was asleep. Took her to the 17 train station, went home, and went to sleep. She 18 wouldn't have gotten to the city until almost midnight. 19 ANDREWDeadline JERCKI: Uh-huh. Um -- 20 ROBERT DURST: And I didn't feel like talking with

21 her. 22 ANDREW JARECKI: Yeah, I understand that. Um, so 23 then the next day, Monday, you didn't call her. Uh, 24 you didn't talk to her on Tuesday or Wednesday, and you 25 didn't call the hospital or her friends or her family 49

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133751 1 rather than being Goody Two-shoes and just saying, oh, 2 I don't know. I've -- look, I've made a record of 3 everything I've done over the last 24 hours. I've 4 made a record of every place she'd been, and all that, 5 though. Instead, you told them something that wasn't 6 true. That -- and -- and -- and by the way, then 7 you're -- and are pretty open about it; right? So 8 that's already unusual 9 ROBERT DURST: NQ wait a minute. I'm -- I'm 10 pretty open. I go report Kathie missing on Friday 11 in -- in -- in -- in -- in order to get Detective Mike 12 Struk to push the case, I tell him some lies. Now -- 13 now, what is your question? I'm not open about it. I 14 say there -- I tell him what I said. I didn't say, 15 "Well this is a lie." 16 ANDREW JARECKI: No. But I'm saying even with me, 17 you'll say, "Oh, yeah, I told him that because, you 18 know, I thought it would end it." Or I told him that 19 because I Deadlinethought it was a way for him to, uh uh, to 20 take a greater interest in the case. But, you know,

21 you're not saying: Oh, no. I never would have told him 22 that. I -- which is what a lot of people do. You -- 23 (A) You lie about some things, and then you -- 24 ROBERT DURST: Oh, I told that to Nick Scopetta 25 way -- way back when- Now, that's not true. I --

127

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133829 1 ROBERT DURST: Oh, there's enormous dichotomy. I 2 don't think Tommy Durst is afraid of me. 3 ANDREW JARECKI: Right. But it's possible that -- 4 that he feels he is? 5 ROBERT DURST: I don't think Tommy Durst feels 6 that he's afraid of me. I think Tommy Durst is playing 7 a role. 8 ANDREW JARECKI: Um -- 9 ROBERT DURST: The same with Kim Langford. 10 ANDREW JARECKI: And -- and -- and you don't think 11 that Kathie was afraid to go home if she said, "I'm 12 afraid to go home"? 13 ROBERT DURST: She said, "I'm afraid to go home" 14 a zillion times. She would always go home. I think 15 she was talking. You know, it was -- 16 ANDREW JARECKI: Is it possible that she said, 17 "I'm afraid to go home," and she went home and she also 18 was afraid to go home? 19 ROBERTDeadline DURST: She had her own apartment. There 20 was no reason for her to be afraid to go home. There 21 was no reason for her -- to back to my, uh, place when 22 she had a -- could have gone to her own apartment. And 23 the other one's where I've read about, where they keep 24 going back home, is they don't have a lot of 25 alternatives. (2:37:44.7) (13:03:50:10)

139

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133841

1 with something. And he was asking me endless questions 2 about some, you know, the stuff that happened 20 years 3 ago, and all the rumors, back and forth, and this and 4 that. Oh, and Susie Berman was dead around then. 5 ANDREW JARECKI: Uh-huh. 6 ROBERT DURST: This was now, you know, at the end 7 of the year and, uh, Susie Berman was dead. And this 8 was (Untranslatable Sound 3:24:20.7). Obviously, I had 9 killed Susie to keep her quiet. I mean, you -- the 10 story just went right to where it -- it ended up. 11 ANDREW JARECKI: So, uh, you hear about this 12 investigation, you read the article, you're back in the 13 New York area around that time -- 14 ROBERT DURST: And I freak. (3:24:44.1) 15 (15:06:50:04) 16 ANDREW JARECKI: And what does that mean? 17 ROBERT MIST: We'll -- well, now, I can also say 18 I went bananas. That's the same thing. Um, I was 19 sure -- basedDeadline on what Joe Cohen was telling me -- that 20 they were gonna charge me with something, and the whole 21 idea of being charged with something, um, having people 22 invest -- and not so much investigate, but -- but that 23 people are gonna find me guilty. I mean, I'd -- I'd 24 been guilty for years in the newspapers, et cetera, et 25 cetera. Now, they're really gonna find me guilty. And 179

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 133881 EXHIBIT 5

Deadline 1 RECORDED PHONE INTERVIEW WITH MICHAEL BURNS AND 1 HIS ATTORNEY GERALD LEFCOURT CONDUCTED BY DEPUTY 2 DISTRICTS JOHN LEWIN AND HABIB BALIAN. 3 4 5 CASE NO.: SA089983 6 CASE NAME: P v. Robert Durst CHARGE: PC187(a) 7 RECORDING DATE: May 28, 2015 8 RECORDING TIME: Unknown RECORDING NO.: Michael Burns 5-28-15 (1hr14mins) 9 DEPUTY D.A.: John Lewin 10 D.A. UNIT: Major Crimes Division 11 12 LEGEND: 13 14 D — DDA John Lewin B — DDA Habib Balian 15 S — Det. George Shamlyan 16 M — Michael Burns A — Atty. Gerald Lefcourt 17 U -- Unidentified Voice 18 *** Unintelligible 19 20 21 Deadline 22 TRANSCRIPT PROVIDED BY

23 Los Angeles County District Attorney's Office 24 September 2016 25 26 27 28 sam

LADA 143856 8

1 D Did she ever mention, uhm, the way that Bob would treat her, 2 in terms of both, uh, emotionally and physically? 3 B Yes. 4 D And — and what did she tell you? 5 B Uh, he would mentally and physically abusing her. 6 D And, if you can — and, this is important — do you remember, 7 uhm, what she would tell you? Let's start with the emotional stuff. What 8 would she tell you about the emotional stuff? 9 B That he was very berating. Uh, specifically, uhm, well, how — 10 where it came from, because, again, it's so long ago, she and he were 11 beginning to be completely separated. And, she would say "He, 12 suddenly, stopped giving me money. He took, uh, -- he stopped, uh, 13 paying the credit cards." And, he was driving her crazy and making her 14 life hell. So, was that ***? Yes. 15 D Do — do you remember the — the part that you're talking 16 about, now, Mike, do you have any idea would that have been, you 17 know, near the time that she disappeared? Years before? Or — or no — 18 no idea? 19 B Uh, that was probably close to the time when she 20 disappeared. 21 D AndDeadline — and, if I were to say "Hey, give me an estimate," are 22 we talking within the year? Or months? Any memory? 23 B It was probably within the year, certainly. 24 D Uhm, when you spoke to, uh — to, uh, the movie guys, you 25 related to them that you believed that you and Kathy, uhm, were gonna 26 start seriously dating after, uh, she and Bob broke up. Uh, is that — is 27 that accurate? 28 B Yes. Uh, I mean, I think that we were getting to that point.

LADA 143863 10

1 B Yes. 2 D Uhm, you, also, had mentioned that, uhm, Kathy had told you 3 that one of the problems in their relationship was that she had wanted 4 kids and Bob didn't. 5 B I remember that. 6 D Uhm, you, al- -- you mentioned a moment ago, you talked 7 about, uhm, physical abuse. Can you tell me what, if anything, uhm, you 8 remember about that? 9 B I remember once going up to her apartment and, I — I don't 10 know whether she had dark glasses on or not. But, I think she might 11 have. And, she had this massive black eye. And, she was bruised. 12 And, she told me that he hit her — punched her. 13 D And, do you remember, Mike, if — if you can, any idea how 14 long that incident would have been before she disappeared? And, again, 15 I'm not asking you to just say it was, you know, March 14th. But, I mean, 16 is that gonna be, you know, weeks, months, years? 17 B Months. 18 D Months. And, when she — when she told you — when she told 19 you about this — this injury, uhm, was she upset? 20 B Yes. 21 D Yeah,Deadline I — uh, it sounds like a stupid question. But, I have to 22 ask you, because her demeanor becomes important. So, if you can, can 23 you describe to me, you know, was she just kind of calmly telling you 24 "Here's what happened?" Or was she emotional? 25 B It was reasonably emotional. And, I was getting emotional, 26 too, about it. I wanted to — I wanted to confront him. 27 D And — and, Mike, when — when you saw this black eye, and, 28 she told you what had happened, did she describe, uhm, other than Bob

LADA 143865 16

1 zero to one hundred, with zer- -- with, uh, zero being "Oh, no, there's no 2 way she would have done that," and a hundred being "Oh, yeah, in the 3 condition she was in, I could see her just taking off and - and starting a 4 new life somewhere?" 5 B Well, -- well, she - uh, uh, she was heading toward a 6 divorce. So, she was gonna take off and start a new life. But, uh, I didn't 7 see her flunking out of school. And, uh, so, that's kind of convoluted. 8 D Yeah. Well - well, let me ask you this. Was - was Kathy 9 excited about becoming a doctor? 10 B Yes. 11 D And, the Kathy that - that you know, uhm, was Kathy a - a 12 fighter? And, what I mean by that, was is Kathy the kind of person that, 13 uhm, is gonna just say "You know what? Bob, you keep whatever you 14 want. I don't need anything. Uh, I am fine?" Or is Kathy the kind of 15 person who, if she thinks she's entitled to something, she's gonna fight 16 for it?" 17 B I don't know, in the big picture. But, in this case, I would say 18 she wanted to fight for something. Although, she wanted to get away, 19 believe me. If - if made a reasonable offer, she probably would have 20 taken it and ran away. 21 D DidDeadline - did she ever discuss with you - so, while this is going 22 on, uhm, you had said before, to - to the movie guys, that, basically, Bob 23 was kind of financially strangling her. 24 B Yes. 25 D Did you remember - can - can you tell me what you meant 26 by that? 27 B As I said, he was cutting off her credit cards, wasn't giving 28 her money. She couldn't pay the bills. He was just, uh, uh, putting -

LADA 143871 17

1 uh, he was strangling her financially. 2 D Yeah. And — and, Mike, some people's response to that 3 might be "You know what? Wow, uh, I'm just gonna roll over. I'm not 4 gonna fight this guy." And, other people response is gonna be "Oh, 5 screw that. I'm not — you know, I'm getting what I have coming." Uh, in 6 this circumstance, your dealings with Kathy, how — how did she respond 7 to kind of what Bob was doing to her? 8 B It was very, uh, taxing on her. Uh, and, truthfully, now, I can't 9 really recall, other than to say that, you know, she wanted to get out of 10 there. And, uh, uh, that's the best I — uh, you know, in this moment, 11 that's the best I can recollect. 12 D Uhm, all right. Let's see here. Hold on. Did — did Bob ever — 13 you have described him as a selfish, manipulative, passively-aggressive 14 and aggressive individual to Kathy. Uh, was that a — is that accurate 15 depiction? 16 B Based on what I know, yes. 17 D And — and, you, also, described him as a damaged ass-hole. 18 Uh, accurate again? 19 B Yes. 20 D Uhm, did he ever display any of those qualities with you? 21 B To me?Deadline 22 D Yes. Or even in your presence? 23 B Yeah. 24 D And — and — 25 B Yeah, he — 26 D And, go ahead. 27 B He was — he was very — uh, I don't know how to describe it. 28 But, yeah. Yes.

LADA 143872 EXHIBIT 6

Deadline PRF"IOUSly "EPUMI tU, CHIMt un ; STOLEN PROPERTY. er"IAL BERS OBTAINED FOR PROPERTY .COMPLAINT • FOLLOW UP INFORMATIONAL r, lutlimutsRmm la 313 Cam part Missing Person#1461 20Pct 1524 Mon Feb 8,82 Fotlowelp No. Malgeld Case Na. urapomft 91,57tr 11/5/h2 337 20 PDU 1Name • LEI. RM. M.I. MOW, Mum • 0 miu.m t'at Robert Kathleen Durst (Wife) - AREA WITHIN BOX FOR DETECTIVE USE ONLY • Results: Sups as emu. Rioert • Clement (SAVA In CMOs) Comp loandued In Person By none Pals lime 0 Yes 0 Ho 0 0 0 (Explaln In Clelab) Wkneta Interviewee In MOIL By Mons Rite Tens Results: Same as Comp. Repel • Oltistint 0 Yes 0 No 0 0 . 0 0 l' Yes • Ma • Enuy In Nosy RI: Time, Pits. Cake, Scene Ylsiltd II Yes • Make Entry In OEMs RE Time. Calk Remus Conducted &Keno Wilma 0 Yes 0 No Rama, Redresses. Rnues 0 Yes 0 No Camotalnull %nod Ran Maas: 0 Yes 0 Refused 0 Future mmsemmosenew Prices: •• 0 Ms 0 Refined 0 Future •. DIm, Sum Dusted By (Ulm Ramate In DOM) , Crime Scum ?NM By (Enter Results In MOM 0 Yes 0 No 0 Yes 0 No II Closing Cue "No Re tilts," Cheek Appropriate Box and Stale JusIllIcatIon In Details: • . 0 C-I Improper Referral 0 C-2 Inaccurate Facts 0 C-3 No Evidence/Can't ID 0 C•I Uncooperative Complainant DETAILS

SUBJECT: INTERVIEW OF " S UM= . • • 1. At approximately 1850hrs this date, the above subject 'was interviewed by the undersigned at the 20 PDU whereupon he • stated the following: Knows Kathy Durst for approximately 9-10 months after meeting her at a party given by the Durst's at the RED residence. Has gone out with Kathy for dinner etc, has stayed overnight at RSD, but denies ever being intimate with her. States tha Kathy told him of two occasions that her husband hit her. States Kathy told him that Bob Durst was also seeing•other women. States Kathy told how Bob woke her up & hit her in bed. Subject refused to discuss his involvement with Cocaine, but acknowledged Kathy using'atioUt two grams per week. SKI States Kathy told him of collusio between her former divorce attorney's & Durst's attorneys. Suspected :that'Duist bought them off. Burns states that he never hung out :with her, only went to dinner or parties with her. States Bob was 'pressuring Kathy to sign a financial settlement re the divorce. Burns states that he has not seen Kathy since Wed 1/27/82 with Gilberta & several other people at a Japanese restuarant. Burns states that he wanted to contact Kathy, but would not call her residence fearful of being involved in a marital triangle. Received a call from Bill (thinks maybe HcCuire)on Wed 2/3,/82, asked Bill to call Kathy, Bill returned call on Thurs 2/4/82 & stated that he left messages on the machine. 2. BurnsDeadline mother resides at: 3. Burns girlfriend: NIP 4. Burns states that he has been arrested twice for the following: 1) — Poss 'of Marijuana (Fel weight) 2 — Possession of counterfeit $ ($50,000.00) 5.. Case active. • /3 NamaNW.43 17=MOryNa 7"110r5.2 ICAlkomq U M.Struk 850090

DISTRIBUTION: 1. CRIMINAL RECORDS SECTION 2 UNIT REFERRED TO 1 1. o• •

•

LADA 079337 BOX 006-BINDER 3 POLICE OFFICERS-000647 EXHIBIT 7

Deadline LOS ANGELES POLICE DEPARTMENT Tape No. INVESTIGATIVE ACTION / STATEMENT FORM 680919 Page of Inc. No. DR or Bkg No Witness No. If recording an officers action, complete shaded areas and statement section only. Name DateMme of Interview Location of Interview Dr. Helen Bloch 01-19-2016 12:45 Telephonic (RHD) Residence Address City IZip Code I Phone --- Business Address !City IZip Code !Phone

Sex Descent Hair Eyes Height Weight DOB Age Driver Lic No/Other ID Slate F

Interviewing/Reporting Officer Serie No. Division Detective B. Lopez 32467 RHD Officer Completing Serial No. MIRANDA ADMONITION 1 You have the right to remain silent N/A Do you understand? 2 Anything you say may be used against you in court Do you understand? 3 You have the right to the presence of an attorney before and during any questioning. Do you understand? 4 If you cannot afford an attorney, one will be appointed for you, free of charge, before any questioning if you want. Do you understand?

If a waiver is desired Do you wan► to talk about what happened?

Statement: Include who, what, when, where, why, and how.

See page 2 Deadline

(12105)

LADA 131853 CONTINUATION SHEET Los Angeles Police Department

PAGE NO TYPE OF REPORT BOOKING NO DR NO 2 Statement - Interview Dr. Helen Bloch

ITEM DU ARTICLE SERIAL NO BRAND MODEL NO MISC DESCRIPTION (EG COLOR. SIZE. DOLLAR NO AN INSCRIPTIONS CALIBER. REVOLVER. ETC VALUE

On January 19, 2016, at approximately 1245 hours, Dr. Helen Bloch was telephonically interviewed by DDA J. Lewin at Robbery-Homicide Division. I, Detective B. Lopez, Serial No. 32467, was present during the interview as well as Detective Camacho, Serial No. 31108, Detective Shamlyan, Serial No. 25836, Detective Bengston, Serial No. 30812 and Deputy District Attorney H. Balian.

The interview was audio recorded and vaulted under 680919. Below is a synopsis only, for complete interview details refer to the audio recording.

Dr. Bloch met Kathy Durst in medical school and the two would commute together at times. Dr. Bloch believes she got to know Kathy "more" during the last two years of medical school. Dr. Bloch remembered chatting while driving together, being in class together, and being in the lunch room with her. Dr. Bloch could not remember specific dates or times. Dr. Bloch recalled starting medical school in 1978, but not graduating until 1983 because she took a leave of absence for a year (April 1980-81). She was not in contact with Kathy during that time.

Dr. Bloch has not seen The Jinx or watched much of the media attention.

Dr. Bloch described Kathy as sweet, hardworking, and diligent in her studies. Dr. Bloch went on to say that what she remembered most was when Kathy came to school with a black eye and her leaving her husband because he injured her. Dr. Bloch remembered seeing the black eye on her face. Dr. Bloch said at the time she was a rape counselor in college and also familiar with domestic violence. Dr. Block recalled a bunch of them telling Kathy not to go back to him (Robert).

Dr. Bloch is currently an Emergency Room (ER) physician. Dr. Bloch has had experience with domestic violence as an ER physician and as a college counselor. Dr. Bloch stated that she has always said "anyone who hurts somebody can kill them." Dr. Bloch was asked if she recalledDeadline when she saw the black eye. Dr. Bloch stated that it was after her leave of absence. Dr. Bloch was asked about a previous interview with New York authorities in February 2003. Dr. Bloch was read the notes from the interview and told to interject if anything were different. Dr. Bloch confirmed that she told investigators Kathy had come to school on two different occasions with injures — once with a black eye and once or more with bruises on her arm. This likely occurred in Fall of 1981.

Dr. Bloch was unable to recall much about the bruises to the arm. Dr. Bloch had a better memory of the black eye. Dr. Bloch was 100% certain she saw Kathy with a black eye. She thinks this was while they were seated at table with a couple other people either in the cafeteria or one of the small education rooms. Dr. Bloch stated that Kathy was wearing "big" dark sunglasses indoors. Dr. Block remembered Kathy was asked why she had the glasses on and when she took them off that is when Dr. Bloch saw the black eye.

LADA 131854 CONTINUATION SHEET Los Angeles Police Department PAGE NO TYPE OF REPORT BOOKING NO DR NO 3 Statement - Interview Dr. Helen Bloch

ITEM ou ARTICLE SERIAL NO BRAND MODEL NO MISC DESCRIPTION (EG COLOR. SIZE. DOLLAR NO AN INSCRIPTIONS, CALIBER, RENOLVER, ETC' VALLE

Dr. Bloch did not know anything about Kathy's marriage before this incident. Dr. Bloch stated that she never met him (Robert) nor had she ever been to their house. Dr. Bloch said Kathy was more of a school friend, but on occasion would go to Dr. Bloch's house to have tea. Dr. Bloch was unable to recall if Kathy ever shared anything about her marriage prior to Dr. Bloch seeing the black eye.

Dr. Bloch was asked if Kathy was making a conscious effort to hide the black eye. Dr. Bloch said that she was based on the dark glasses and make-up (cover up) over the black eye. Dr. Bloch could not recall exactly what Kathy said happened to her but she did remember Kathy saying that she was no longer living with her husband. Dr. Bloch remembered when Kathy took off her glasses she was teary-eyed. Dr. Bloch believes that Kathy had been crying and very upset. Dr. Bloch is certain that there was a discussion with Kathy that she should not go back to her husband, which concluded her to believe that Kathy's husband, was responsible for the black eye. Kathy never denied her husband doing it.

Dr. Bloch couldn't recall if the bruises on the arm were before or after the black eye incident nor the details of the type of bruises.

Dr. Bloch was asked if Kathy was the type of person who would have talked about domestic violence in her life. Dr. Bloch answered that she wouldn't and unless she didn't have an "obvious" injury the topic would have never come up. Kathy never talked about it before the black eye incident. Dr. Bloch could not recall who was with them during the conversation. Dr. Bloch recalled seeing other people at the table, but thinks the conversation was just between the two of them. Dr. Bloch believes she saw Kathy after the black eye incident but doesn't think they were carpooling at the time because she was doing her clerkships and Kathy was doing her fourth year rotations. Dr. Bloch thinks she lost touch with her during the last couple months.

Dr. Bloch knew Kathy had gone back to Durst, but can't recall how she learned that information. Dr. Bloch stated that Kathy was very excited about becoming a doctor. Dr. Bloch was called by a friend of Kathy's and told thatDeadline it was believed her husband killed her. Dr. Bloch was asked when Kathy went missing did she believe that Kathy left to restart her life. Dr. Bloch answered that a part of her thought she might of disappeared to try to get away from her husband. However, it surprised Dr. Bloch that Kathy would have done that so close to the end of medical school.

Dr. Bloch was asked if she ever called in sick while she was in medical school. Dr. Bloch answered that she never called in sick. Dr. Bloch was given a hypothetical about Kathy calling in sick for the first day of her pediatric ambulatory care rotation at Jacobi with a headache, diarrhea and cramps. Dr. Bloch was asked if this would have kept a student from the first day of a rotation. Dr. Bloch answered that maybe the diarrhea would have. Dr. Bloch couldn't recall if Kathy ever called in sick. Dr. Bloch stated that she would not miss a first day of a rotation with such symptoms. Dr. Bloch was asked who she would have called. Dr. Bloch said she would call the school if she was doing ambulatory care. Dr. Bloch was asked if she would call the dean. Dr. Bloch said she would "never call the dean."

LADA 131855 EXHIBIT 8

Deadline 1 RECORDED TELEPHONIC INTERVIEW OF KEVIN AND ANNA DOYLE 1 CONDUCTED BY DDA JOHN LEWIN AND HABIB BALIAN. 2 3 4 5 CASE NO.: SA089983 P 6 CASE NAME: v. Robert Durst CHARGE: PC187(a) 7 RECORDING DATE: May 27, 2015 8 RECORDING TIME: Unknown RECORDING NO.: Kevin and Anne Doyle 5-27-15, et al 9 DEPUTY D.A.: John Lewin 10 D.A. UNIT: Major Crimes Division 11 12 LEGEND: 13 14 D — DDA John Lewin B — DDA Habib Balian 15 J — LAPD/RHD Det. Josh Byers 16 F — FBI Special Agent Jon Bauman A — Anne Doyle 17 K — Kevin Doyle 18 U -- Unidentified Voice *** Unintelligible 19 20 21 22 DeadlineTRANSCRIPT PROVIDED BY 23 Los Angeles County District Attorney's Office 24 August 2015 25 26 27 28 sam

LADA 132602 14

1 probably, you know, from the first time that she — that she came over, it — 2 it was — how can I describe it? It's like, you know, when — when women 3 —you know, sometimes in relationships, you know, you have shit times. 4 And then, you have a girlfriend. And you say "Oh, he's such a bastard. 5 And he did this and he did that." You know? So, in the beginning, like, 6 first, it was kind of like I thought, "Oh, you know." I never thought that 7 she was like, you know, putting it on or anything. Otherwise, she 8 wouldn't have knocked on my door, unless she was scared, you know. 9 That — that was the whole thing. Like she was scared. And she needed 10 to get away. That's — 11 D Well — 12 A -- that's, basically, what it was. Now, it wasn't sort of a nice 13 chat, "Can I come in and have a cup of tea and talk shit about my 14 boyfriend or my husband, you know." 15 B So, to the best of your memory, what are some of the specific 16 things she told you that he had done to her? 17 A Uh, I can't remember, specifically. I can just remember it 18 being like verbally very abusive. Uhm, that he would, you know — he 19 would put her down and he'd say she was stupid, she was an idiot. She 20 —you know, he would be very, very verbally abusive. And I — you know, I 21 can't — I — I remember being scared for her and telling her that she 22 should, you know,Deadline do something about it, because she couldn't live with 23 —with somebody who she was so frightened of, you know. 24 D Do — do you remember an incident that happened, that you 25 reported happened in September or October of 1981, where, uhm, it was 26 raining. And where, uh, Kathie had come over, had crawled out of her 27 balcony in pajamas, and come to your balcony, uh, crying? 28 A Yeah, I re- -- I remember. I remember that there were — there

LADA 132615 I5

1 were sit- — there were situations like that, that were horrifyingly, uh, scary 2 and — and embar- — like not embarrassing. But, like "My God, you know, 3 why does she do this? And how bad can it be sort of thing, you know?" 4 D So, you — so, Ann, you're saying more than — can you 5 estimate how many times you think that happened? 6 A Uh, I — I can't estimate. I mean, I can't, because, uh, she — 7 she would come over, you know, regularly, when — when something had 8 happened with them. 9 D Do — do — 10 A But, I don't know. Like, after that time, when she — the last 11 time she came over in the pajamas and she was crying and everything, I 12 think that he knew about that, or he — he — he like — she didn't know how 13 to get back into the apartment. And it was — uh, it was at night. You 14 know, like it was one of those things that — that he knew that I knew, 15 then, kind of things. 16 D Do — do you — do you remember — so, there was — there's a 17 report. Uhm, I'm gonna go back. Do you remember, uhm, the period of 18 time? Do you remember when Kathie disappeared? Meaning, if I — if I 19 sat and I said "Hey, do you remember approximately what year that 20 was?" Or no? 21 A No, I can't — I can't remember approximately. But, I 22 remember whenDeadline — when that — when I read about it. I was like "Oh, my 23 God. You know, that — that's horrible." But, you never — yeah, I — I — I 24 remember being absolutely shocked by that. And -- 25 D Do you — do you re- -- do you remember the police coming 26 and talking to you, uhm, shortly after Kathie disappeared? So, I've got, 27 uhm, -- 28 A Yes. Yes. Yes, I do that — I do remember that. Yeah.

LADA 132616 16

1 D And — and, if I were to ask you, as you sit here today, do you 2 think your memory about what happened back at that time was better 3 when you talked to the police, then, or do you think it's better now? 4 A Oh, I think it's, definitely, better when I talked to the police, 5 then. Because it would have been, uhm, a much closer — I can't really 6 remember the — the time very much. But, like, you know, the memory 7 that I have of that whole thing -- I mean, this, now, how many years ago? 8 This is like 40, 30 years — 40 years ago — uhm, is that it's like an 9 emotional kind of memory where I remember this woman being 10 absolutely scared out of her wits and climbing on the terrace. And we 11 had 17 floors down. You know, we were on top of the building. And, 12 uhm, -- uh, the fact that — that she was that scared and that horrified, and 13 that sometimes, uh, hysterical kind of, enough to come and knock on her 14 neighbor's door, was really frightening. And — and — 15 D And, Ann, let me ask you. You said "knock on your 16 neighbor's door." But, she's not knocking on your door, correct? She's 17 knocking on your — 18 A No, no. She's knocking on my window. Like my window, you 19 know. 20 D Like what — yeah. But, the way — 21 A So, I — I had a door that — a glass door. 22 D Right.Deadline 23 A I had -- my bedroom was like on the side — side, kind of thing. 24 And I had two — two or three steps that went up to the bedroom, because 25 the bedroom had a view of — of the city. So, I had a glass — just the 26 whole front of my bedroom was just glass doors that went out to the 27 terrace. And she would come and knock. I'd be in bed. And she would 28 knock on my front door — on my bedroom door. You know, like on my —

LADA 132617 2()

1 of September or October of 1981 -- Kathie's gonna disappear, by the 2 way. She's last seen January 31st of '82. So, this is only a few months 3 before, just in terms of getting — 4 A Right. 5 D -- your — your timing right. 6 A Right. 7 D You said that Kathie had crawled out of her balcony, in her 8 pajamas, and come to your balcony. And that, uhm — uh, she was 9 crying. Do — do you remember this? 10 A Yes. 11 D And, if anything's inaccurate, you tell me. 12 A Yeah. 13 D You said that she told you that, uhm, that, uh, Bob had gun, 14 and that, uh, she was afraid of being shot. Do you remember that? 15 A I — I don't. That -- I don't remember her saying that. But, I — I 16 remember that she was fearful for her life. So, uh, yeah. 17 D Did — did you remember her ever telling you that "Hey, Bob's 18 got a gun. And he's threatened me with it?" 19 A Uhm, I can't — no, I can't say I remember that. But, I — I 20 remember — I remember that she was — she was — she was fearful for 21 her life. And that the way that he threatened her wasn't with — yeah, I 22 would say thatDeadline I could — 23 B Well, uh, first — irrespective of what you remember today, are 24 you saying you have a memory that she never told you that? Or are you 25 saying "Well, it's possible she told me that?" 26 A Oh, no, no, no, no. No, no. 27 B But — 28 A Uh, no, no. I'm sure she told me that. I'm — I'm absolutely a

LADA 132621 21

1 hundred percent sure she told me that. If I said that, then, I'm sure she 2 told me that. Because that — that was the nature of her terror. Like she 3 was absolutely terrified of him. Uhm, and, uhm — 4 D Do — 5 A -- you know, to the point like, uh, she didn't like — the kind of 6 thing where she didn't know what to do, where to go. Or, I mean, she 7 came into my place in — in her pajamas on a rainy night. You know, she 8 was terrified. 9 D Did — did you ever see her, either on that night or other 10 nights, did you ever see her with any injuries? 11 A Well, see, that's why I think that I — I seem to remember her 12 kind of being bashed about, you know. Being like he had hit her on the — 13 on — like he would punch her and hit her or bash her, you know, like. 14 Uhm, -- 15 D And, would this be what she — 16 A And — and that — that was — that sometimes was the reason 17 why she would come over to me, because she would be — uh, she would 18 have to take herself away from him, basically. That's what she needed 19 to do. 20 D And — and — so, as you sit here, your memory is of her telling 21 you that he would, you know, beat her or bash her about. Do you, 22 actually, rememberDeadline ever seeing — 23 B But, that he had just done that and she was trying to get 24 away from him, when she came over to you? 25 A Well, yeah, she — she would come over disheveled and, you 26 know, uh, and crying. And her hair would be like, you know, -- but, I — 27 you know, like she was — I never saw her bleeding or, you know, with 28 blue eyes or anything like that. But, I — I remember that she was

LADA 132622 EXHIBIT 9

Deadline

ADDITIONAL STOLEN PROPERTY, S AL NUMBERS OBTAINED FOR PROPERTY KW :/SLY REPORTED, CHINN INCIDENT DATA,

I COMPUMMT-I'FMIOW UP Crime I Complaint No it•Ve of this Reg INFORMATIONAL ‘,0 . Pe a13 Win It OM MI8bING PERSON 10-82 Dale Report Dale Assigned Case No. Unit Reporting follow Up No Page of Pages DENT I CcenplatnanEs Name - Last. First M I *lies Name • IIININcia DURST,

AREA WITHIN BOX FOR DETECTIVE USE ONLY Comp. Interviewed In Person By Phone , Date Time Results Same as Comp Report - Different (Esplain In Wats) 0 Yes 0 No 0 Witness Wen/limed N, Person By Phone Dale tirne Results Same as Comp Report - Oillesen1 (Explain In I MAO 10 Yes 0 No 0 Crease Conducted It Yes • Make Entry in Body Re: time. Dale, Can! Scene Visited II Yes Make Entry In Delails Re lime Dale. Cl Yes 0 No , Nantes, Addresses, Resuits 0 Yes 0 No Evidence Olnalord Canplainant Viewed Photos Results: 0 Yes 0 Rotund CI Future Witness Viewed Motes Results: 0 Yes 0 Refused 0 Future • Crime Scene Dusted Sy (Enter Results In Details) Crime Scene Photos -1' By (Enter Results in OMANI ❑ Yes 0 No 0 Yes 0 No If Closing Case "No Results," Check Appropriate Dos end State Juslitication In Details: 0 C-1 Imprope Referral 0 C-2 Inaccurate Facts 0 C-3 No Evidence/Can't IR C I Uncooperative Complainant

DETAILS: INVESTIGATIMN MIS6ING PER;AN flERN DUI6iT 37 Riverside Dr

SUBEILCT INTERVIEW Kevin & Ann Doyle 37 RiversiOe Dr On 2-10-82 the undersigned accompinied by pet Donald O'oulliavan, DBMTF, did respond to the above location and did intervinw 1r And Mrs Doyle. They live in apattmen1; 1613 penthlowle across the hall from the Durst's. They both know the DuBst's and have had them in their apartment on two occasions. ears Durst had been in the apartment numerous times to speak with both Ann and Kevin Doyle. bee attach of 5u CANE ACTIVE

Deadline

J

Name Printed lax Registry He Supervisors Dray,* • C 0 Inalah Y Varian 8492 7, 5 z

DISTRIBUTION: 1. CRIMINAL RECORDS SECTION 2. UNIT REFERRED TO

LADA 004637 Missilv; l'erson ()Burnt 1.LLITERVIEW OF ANN & Kr IN IX)}. 37 Riverside Drive apt #i613 phone # 243705d On 2-10-82 the undersigned accompanied by Bet Donald 0' oullivnn DBMTF did resond to the above location and did interview Hr P Urn Doyle. They stated that they know the Durst's for about 1 year. "Y-, Durst would visit with either Ann or Kevin who ever was home nt the time. 'he would just want to sit and have some one to talk too. Thn Ann stated that sometime during the later part of :;epu or the beginninf of Oct. Kathern did leave her npnrtme ,t via Lhe lyldr,1!I window in her P.J. s and walked around the outside balcony to Ann's bedre)m window and was crying. Ann let her in and "athern stated that Bob hid beat h -. and that he wants to kill her.8fle further stated that he h I n pun and w'u lfrnid of being shot. Kathern stated that Bob .,ani;ed her to rim n dimm*:Imnrefnamx dismigmx disclaimer clause so that she would setxsimk relinluinh any monies or properties. 6he was afraid to sit in any roel'I which had n wiadow thus she spent 2 hours sitting in the bathroom. During this time hevin Doyle came home rind both he and his wife did calm her down. Kevin did go to the Durst's vartment and he talked to Bob. Bob stated that he was not mad and that she should cone home. Fe did not admit to hitting her. -1 r Det amen T Varian //2976 DBMTF

Deadline

1

LADA 004638 EXHIBIT 10

Deadline i RECORDED TELEPHONIC INTERVIEW OF JANET FINKE SHAW 1 CONDUCTED BY DEPUTY DISTRICT ATTORNEY JOHN LEWIN. 2 3 4 5 CASE NO.: SA089983 6 CASE NAME: P v. Robert Durst CHARGE: PC187(a) 7 RECORDING DATE: April 23, 2015 8 RECORDING TIME: Unknown RECORDING NO.: Janet Finke-Shaw 4-23-15 (2hrs 39) 9 DEPUTY D.A.: John Lewin 10 D.A. UNIT: Major Crimes Division 11 12 LEGEND: 13 14 D — DDA John Lewin B — DDA Habib Balian 15 C — LAPD RHD Det. E. Camacho 16 J — Janet Finke Shaw U -- Unidentified Voice 17 'Unintelligible 18 19 20 21 Deadline 22 TRANSCRIPT PROVIDED BY

23 Los Angeles County District Attorney's Office 24 February 2016 25 26 27 28 sam

LADA 134826 19

1 J It was Kathie who wanted the divorce. Yes. 2 D And — and did she tell you why, if you remember — did she tell 3 you why it was she wanted the divorce? 4 J Mmnh, I think it was just a combination of everything with, 5 uhm, not being happy, certainly, you know, that discussion — I hate to 6 sound like "The Jinx" but, you know, she was — she had, actually, read — 7 I'll tell you what she told me. She had read in Forbes or Fortune 500 8 that, you know, there was the Durst Organization. And I remember her 9 telling me she had no idea of, actually, how much money this family had. 10 So, I don't view people on how much money they have. And I just 11 remember listening, thinking that's really odd. How would you not know 12 that? 13 But, you know, who am I to say? I don't even view people 14 like that. So, that's not how I — I decide who my friends are or who they 15 weren't. But, it wasn't about the money. It was about the whole how she 16 was being treated. Uhm, maybe not with enough respect. It was, uhm, 17 -- you know, things had just, I guess, changed. I mean, obviously, they 18 were — they were arguing — not in front of me. They were arguing. She 19 wanted one thing. He wanted something else. That was really it. 20 D Let me ask — 21 J I mean,Deadline there was, definitely, conversations of physical 22 abuse. Uhm, there was a time when I was in California, where, uhm — 23 okay. Now, I'm gonna jump around a little bit. 24 D Sure. 25 J -- 'cause you just asked me a question. That, also, went on 26 for a period of years. So, while I was in California, she had left, uh, the 27 Riverside apar- -- or the, uh, 86th Street apartment, and moved back over 28 to go stay at the Riverside apartment. Uhm, and so, uhm, they had an

LADA 134844 20

1 argument. And she tried to get out of the room. And she tried to escape 2 through the window. There was like a roof kind of decking that went over 3 to the other, uhm, apartment — which there was only two on the top. And 4 he pulled her back through the windows. And she told me how, uhm, 5 you know, her legs were just totally scraped. And, you know, she — he 6 wouldn't let her get out of the apartment. And I remember being really 7 horrified, at that point. And, you know, I always told her. I said "Listen, 8 you know, my advice was she should get like a serious dog and one that 9 was already trained. And, you know, she needed to just, you know, plan 10 her escape and just go. And don't even worry about the money. You 11 know, 'cause that's always my philosophy. Just leave and don't even 12 think about those things. You have to think about your safety. And, 13 obviously, I was worried about her safety, because, yes, that was just 14 one conversation of a physical situation. And, you know, that sounded 15 super scary. 16 D Do you — do you remember, Janet — 17 J You know, he had a gun. 18 D Oh. 19 J And — you know, she told me she was worried and she was 20 afraid. And, yeah, so, you know, that was when I realized, without 21 physically havingDeadline to be there, at that — right at that moment, that, 22 obviously, things had changed. Because, when I first met them, it wasn't 23 like that. It was passive and they got along. And they bought they 24 house. And they loved coming to the country on the weekend. And, you 25 know, it seemed like everything was hunky dory. 26 D Do you remember — 27 B What did she say — what did she say about the gun? When 28 did she tell you that he had a gun?

LADA 134845 21

1 J Well, that was the situation where a gun came in the 2 conversation in that, uhm, Riverside apartment. 3 D Do — do you remember, Janet, when you heard about, uhm, 4 this argument, was it right after the argument? Was Kathie upset? Do 5 you remember kind of like the — was she calling you a long time later 6 telling you about it? Or was she telling you about it right when it was 7 happening? 8 J No, I spoke to her all the time. 9 D So — so, if you can, if you— 10 J So, when it was happening. 11 D When it was — so, — 12 J So, I remember telling her that, you know, "Did you — did you 13 get to the neighbor's? Did you call the police?" You know, "You can't 14 allow this to happen." That is my posture on situations like that. 15 D If — if you can, when she called you, telling you about that 16 incident, do you remember, was she upset? Could you describe like how 17 did she sound? Was she calm? Was she, you know, excited? How did 18 she sound when she called you? 19 J Yeah, she sounded upset. 20 D And — and — 21 B WasDeadline she crying? 22 J Mmnh, I can't answer that. I don't — that was too long ago. 23 Kathie was pretty brave. 24 D Let — 25 J She wasn't, necessarily, the crying type. 26 D When — when — so, when you said that — you said "physical, 27 uhm, you know, confrontations or physical things going on," did Kathie 28 call you more than once, uhm, in an upset tone saying "Hey, Bob is doing

LADA 134846 1 physical things to me?" 2 J Uhm, I heard, more than once. 3 D And mean- and — and, would that be, I would assume, is 4 she calling you about that? Or are you calling her? 5 J Mmnh, we called each other. But, she called me more than I 6 called her. 7 D And — and I guess this is my question. Did Kathie have a 8 habit of, uhm, when something would happen physical with Bob, would 9 she call you, you know, quickly and relate what had just happened? Or 10 was it more she would tell you about things that happened, uh, well, in 11 the past? 12 J Uh, they were more current. 13 D And, with — do you remember any other things, any other 14 times, that, uhm, Kathie had called you and — and told you that Bob had 15 been physical with her or done anything to her? 16 B Hey, John, can I ask one more quick question? 17 D Yeah. 18 B Uh, the — the time where she crawled out the window and 19 went across to the terrace, you said that — 20 J *** 21 B Yeah.Deadline You said that you had asked her — or told her to call 22 the police, uhm, call 911. So, did she call you before she called the 23 police or 911? 24 J She didn't call me right at this — the moment this was all 25 going on. I spoke to her probably that morning. We were on a — a time 26 difference. I was in California. And she was in New York. So, you 27 know, Kathie always was very considerate. And it was that morning of 28 however early she could call me is like when I would have heard it.

LADA 134847 1 D When you talked to — 2 J So, that's when I would have told her that. 3 D When you talked to her, uhm, Janet, was she still upset? 4 J Sure. 5 D And, if I were to ask you, hey, listen, on, you know, uhm, you 6 said, uhm, fair to say Kathie was a — she was not a shrinking violet or 7 kind of a, you know, a weak person. She was a pretty strong, uh, by this 8 point in her life? You know, uh, she's not someone that's gonna go cry in 9 her room. Is that accurate? Or no? 10 J That's accurate. 11 D So, for Kathie to get upset, in the way that you described, and 12 to call you, does that say anything to you about how serious Kathie 13 would have viewed the situation? 14 J Sure. Serious. 15 D Tell — tell — tell me what that means to you? 16 J Exactly that. 17 D Oh, I just need for — for your words. 18 J Yes, it was serious. 19 D Yeah. So, and what I mean by this, is, so — you know, I'll 20 give you an example. There are, uhm, uh, I have a — I have a almost 21 12-year old daughter,Deadline who is a little bit of a drama queen. And, if she 22 tells me something, and she's upset about it, a lot of the time I'll go back 23 and go "You know what? This is not that big a deal." Uhm, there are 24 other people that just, you know, don't say a whole lot. And — and so, 25 when they're telling you, "Hey, I'm really upset. You know, this is really 26 serious," you're like "Wow." Which kind of end would Kathie be on? 27 J Uhm, well, obviously, I — for me to say "Call the police," and — 28 you know, for — for me to ask questions like "What did you do?" And, you

LADA 134848 24

1 know, you have to verify this. And, you know, gosh, I was completely 2 worried for her terribly. So, you know, that was the whole nature for both 3 of us. We're both pretty — we're, you know, strong women. And so, I 4 was as concerned as she seemed to be concerned. Normally, I wouldn't 5 say, you know, "Did you call the police? You know, what did you do?" 6 And I can't even remember, actually, if she did call the police on that, 7 'cause that is too far for me to, actually, answer that honestly that I — I 8 don't know. So, I — I would like to hope that she did. 9 B But — but, you knew Kathie well enough — 10 J I mean that was too long ago for me to remember. 11 D Right. 12 B You — you knew her well enough, and you had talked to her 13 enough times where, when you say she was upset, based on the sound 14 of her voice and how she was telling these things to you, you knew she 15 was upset? That's how you knew? 16 J Exactly. Absolutely. 17 D Had — had you ever — 18 J That was — 19 D Had you ever had a conversation with her before, Janet, or 20 after, where you'd said "Hey, Kathie, you need to call the police about 21 Bob?" Or was thatDeadline the — is that the only incident where you got that 22 concerned? 23 J Uhm, that was the most concerned I was, at that very 24 moment of really thinking, at that time and moment, she should have 25 called the police right then and there. 26 D What — what — 27 B Was this the first time you spoke to her where there was a 28 gun involved?

LADA 134849 37

1 then, the — the idea of like, you know, how shocked are we? Well, you 2 know, I — like I said, would I have ever thought that would have 3 happened? The answer is "No." 4 B When Kathie, uhm — when everybody left — 5 J So — 6 B When everybody left and you stayed behind and were talking 7 to Kathie, and she was replaying it for you, did she still seem pretty 8 shocked about what had just occurred? 9 J Sure. 10 B Yeah. 11 D Let — let me — let me go. So, so, you talked about this 12 incident. Did Kathie, uhm, did you ever see Kathie, or did Kathie ever 13 report to you that she had any injuries, that Bob had ever hurt her, other 14 than the one you talked about on the terrace? 15 J Mmnh, mmnh, no. I — I really — I have no dates or times of 16 anything specific of major. Not even like, you know, "We just had a 17 brawl." None of that. I don't — I don't recall a lot of that. 18 D Uhm, all right. When — when Kathie — so, basically, uh, did 19 Kathie ever — 20 J I know that she was seriously afraid. And that was really the 21 mindset for — youDeadline know, for a one and-a-half year period there. It was, 22 definitely, very afraid — afraid for her life. 23 D And that one and-a-half year period, is there — is that up until 24 the time she disappeared? Or was there a period where she wasn't 25 afraid of him anymore? 26 J Mmnh, that is really the period where they were separated, 27 when she was most afraid. And I was — you know, my advice was, you 28 know, you got to just leave. And don't even worry about anything. You

LADA 134862 EXHIBIT 11

Deadline 1

1 RECORDED TELEPHONIC INTERVIEW OF DR. PETER HALPERIN CONDUCTED BY DDA JOHN LEWIN. 2 3 4 5 CASE NO.: SA089983 6 CASE NAME: P v. Robert Durst CHARGE: PC187(a) 7 RECORDING DATE: February 25, 2016 8 RECORDING TIME: Unknown RECORDING NO.: Dr. Peter Halperin 2-25-16 9 DEPUTY D.A.: John Lewin 10 D.A. UNIT: Major Crimes Division 11 12 LEGEND: 13 14 D — DDA John Lewin J — DAI Jeff Savarese 15 H — Dr. Peter Halperin 16 U -- Unidentified Voice *** Unintelligible 17 18 19 20 21 Deadline 22 TRANSCRIPT PROVIDED BY

23 Los Angeles County District Attorney's Office 24 March 2016 25 26 27 28 sam

LADA 135507 1 H Yeah? 2 D -- so, Kathie ends up disappearing. She's last seen — 3 H Yeah. 4 D — on January 31st, -- 5 H Right. 6 D — 19- — 19, uh — uh, '82. And — 7 H Yes. 8 D -- and you're saying that the rotation that you did with her, 9 was — 10 H Was occurring that month of January. 11 D Okay. And — and — 12 H It was — it was something like a four-week rotation that was — 13 D Right. Right. Right. So, if it — I have — and you tell me if this 14 makes sense. I have — 15 H Okay. 16 D -- the rotation ending January 24th of '82. 17 H That sounds about right. 18 D Okay. 19 H Yeah. 20 D So, all right. So, you guys did the rotation together. And — 21 and go ahead. YouDeadline were starting to — 22 H Yeah. Well, she gave me a phone call. Uh, I think it was the 23 only — and I don't think — I know it was the only telephone call ever. And, 24 she told me how upset and frightened she was about her husband's 25 behavior. 26 D Let — let — 27 H And she had — 28 D Wait. Wait. Let me just stop you.

LADA 135513 1 H Yeah. 2 When you said that — that she called you, do you remember — 3 4 D if the rotation — so, I know that, according to the records 5 that I have, the rotation began — 6 H I — I — unfortunately, I'm not a hundred percent sure that the 7 rotation was done in those last few days, or if it was after it ended. But, I 8 can say with some real surety it was within two weeks of her disa- -- 9 disappearance. 10 D Okay. Got it. 11 H It was very proximal. 12 D Okay. So, -- 13 H And — 14 D within — so, within two — and — and, when you said she 15 called you, where did she call you? 16 H Yeah. She called me at my home. Uhm, which was in, uh, 17 at that time Riverdale, uh, section of the Bronx. Uhm, my wife was at 18 home. And, though, she wasn't on the phone, she was — uh, I was 19 making her aware of, uh — of it, actually, as it was occurring. And we 20 talked about it immediately afterward. Because, what was happening 21 was Kathleen wasDeadline clearly extremely frightened. She told me about 22 erratic and violent behavior. In particular, that he had, uh, viciously 23 beaten up, kicked in the head, some friend of hers. 24 And I don't know who it was. Uh — uh, and I'm quite sure she 25 didn't tell me it was, you know, someone — some medical student. But, 26 just somebody who had been visiting. Uhm, it was a man. And she said 27 that, uh, her husband was, uh, irrational and jealous and just beat the 28 crap out of him, including kicking him in the head numerous times.

LADA 135514 1 And she implied to me that she was quite frightened of him. 2 And, basically — 3 D Let — let me — let me ask you. You said that she "implied" to 4 you. Do you remember what she stated? 5 H She said "I'm frightened of him. I'm very frightened of him." 6 D And was she clear — when she said "I'm frightened of him," 7 was she clear who she was referring to? 8 H Of her husband. 9 D Okay. 10 H Of her husband. So, I asked her to tell me more, 'cause we 11 had, literally, never talked before. 12 D Okay. 13 H Uhm, and she said that, uh, they were going through a — a 14 bad divorce. And — because, uh, it didn't take me long. I, basically, said 15 immediately — I said, "You have to leave that apartment. You sound 16 petrified. He just beat the crap of your friend. You're afraid he's gonna 17 hurt you. Get out of there." She said "I can't." And I said "Why?" She 18 said "Because I'm afraid it will, basically, interfere with my ability to, uh, 19 get a settlement that I feel I deserve. I feel I've — uh, I've got to stay in 20 the house with him." 21 And Deadlinethis is why I remembered this so vividly. I said "Kathie, 22 you have to get out of there. Anything could happen. I fear for your life. 23 Would you like to come and stay with my wife and I tonight?" And she 24 said "Thank you, no," and got off the phone. And, the next I knew, she 25 was gone, uh, with the outrageously bullshit, uhm — uh, media 26 manipulation of her husband, uh, you know, uh, offering a bounty, uh, for 27 anybody that knew. I knew, in my gut, exactly what had happened. 28 Uhm, and my only other formal interaction with anybody was — it came

LADA 135515 12

1 the verge of a full-blown panic attack. And maybe that was a signal to 2 her that, uh, I was somebody she could talk to. 3 I have no idea, other than that. Uh, we sort of had, you know, 4 very brief interactions. I think that she just sort of trusted me, saw me as 5 somebody that she might be able to talk to. But, she never really did. I 6 mean, uhm, you know, she told me early on about meeting him. And, uh, 7 this is like in our freshman year, uhm, -- and it really is still kind of a 8 puzzle that she chose to call me, uhm, but, she did. 9 D Okay. And — all right. But, so, I — so, I want to go back. So, 10 she calls you up on the phone. And, when she calls — 11 H Yes. 12 D -- you up on the phone, can you describe what her demeanor 13 was? 14 H She was petrified. 15 D And, when you say — 16 H Her voice was shaking. 17 D When you say "petrified," did she — can you explain a little 18 bit? 19 H She — well, uh, her voice was shaking. She was, uhm, clearly 20 very anxious. She was, uh, talking a little bit with kind of pressured 21 speech. She wasDeadline clearly very upset. I didn't hear her cry. Uhm, but, all 22 her words and the content of her, uhm, conversation, you know, uh, were 23 the same. She was telling me that he had really viciously beat up this 24 guy and that she was worried that he would beat her up or hurt her. And 25 I didn't ask more details. I couldn't ask "Has he hit you, yet?" Uhm, I 26 only wanted to get her the hell out of there. It was so clear that it was 27 dangerous. It was just total- -- totally clear. 28 D So —

LADA 135518 EXHIBIT 12

Deadline LOS ANGELES COUNTY DISTRICT ATTORNEY BUREAU OF INVESTIGATION

SUPPLEMENTAL REPORT CASE 2014-S-1415

«Information has been deleted from this version of the report pursuant to California Penal Code section 964»

, ADMINISTRATIVE INFORMATION Assignment: Case Investigator Major Crimes Savarese, Sr. Inv., 533557 Case Name Legal No. Robert Durst Charges (up to three) I87(A) PC Purpose of Report Interview of Dr. Wilk

WITNESS

Last Name First Name Middle Name Sfx DOB Age Sex Race Wilk Peter Hair Eyes Height We•ght DL Number State Social Security No

Home Address

Home Phone No Ext Home Email Gang

Work Address

Work Phone No Ext Work Email State Bar No.

CII No. FBI No Probation No Parole CDCR No Prison No State Booking No Deadline

Report by Date LT Approval Date Cabral, Sr. Inv. 03/22/2016 Frum, Lt. 03'29/2016 Sgt Approval Date Page j3rjggs,,Sgt. 03/22/2016 1 of 15 LAD

NARRATIVE:

On February 19, 2016, Deputy District Attorney (DDA) John Lewin and I telephonically interviewed Dr. Peter J. Wilk regarding his recollection of Kathy Durst when he was the attending physician in charge of the surgery rotation at Montefiore Medical Center. The interview was surreptitiously recorded and downloaded onto a compact disc (CD). The CD was booked into the Los Angeles County District Attorney's Sound Lab under 16-229CDO. The following is a summary of the interview:

Dr. Wilk is a retired general surgeon and colon and rectal surgeon. In 1981, Dr. Wilk was faculty at Montefiore Medical Center, which was part of Albert Einstein College of Medicine. At this time, Dr. Wilk also had a private practice and a lab where he did experiments. As faculty at Montefiore Medical Center, Dr. Wilk had the job of running the surgical teaching program for third year medical students at Albert Einstein College of Medicine. Some students rotated through Albert Einstein, Jacoby or Montefiore for their surgery rotations.

Dr. Wilk confirmed that as an attending physician, he had many junior attending physicians, senior residents, and mid-year residents and interns under him. In the scope of his responsibilities as an attending physician, Dr. Wilk had quite a lot of interaction with medical students. Dr. Wilk was in charge of the surgical teaching program, which meant that he organized the surgical teaching program for approximately half of the rotating students; he organized the lectures that the students were given, as well as giving several of the lectures himself. Dr. Wilk also met with the medical students who rotated through Montefiore Hospital on a regular basis. In addition, Dr. Wilk gave students individual counseling sessions and group teaching sessions. 1981 was Dr. Wilk's third year as the organizer of the surgical teaching program.

Dr. Wilk recalled K. Durst as, "A real beauty." He went onto say, "She was a lovely, sweet girl." Dr. Wilk recalled K. Durst was in her late 20's, and older than most of the other students. Dr. Wilk said, "People were attracted to Kathie [K. Durst], because she was so pretty and so nice." Dr. Wilk first met K. Durst in a group lesson he gave on how to take a patient's history, what was important in a history and how to work out a differential diagnosis based on a history. Dr. Wilk recalled K. Durst participatedDeadline in the lesson along with the other students. Dr. Wilk also gave individual counseling sessions with each medical student, where he gave career advice. He talked about what it was like to be a surgeon, what it was like to be a doctor, and he tried to find out what the student was interested in, and offered advice as to what he thought of the particular field they chose.

Dr. Wilk described the counseling session with K. Durst as a "memorable session." Dr. Wilk had received some verbal reports of K. Durst being "distracted and a little put off, not completely involved." Dr. Wilk asked K. Durst about her being distracted, and she confided in him. K.

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Durst said she was having serious problems at home. K. Durst explained she was married to R. Durst, a real estate man with a lot of money. She also said he [R. Durst] had a violent temper. K. Durst described an incident to Dr. Wilk, where she was with a friend (male, NFD) and R. Durst violently attacked the man; R. Durst knocked him to the ground and "stomped" on his head. K. Durst told Dr. Wilk, "I'm very afraid of my husband." She went onto say, "I'm thinking of divorcing my husband, but I'm afraid of what will happen because he is a violent person."

After K. Durst disappeared, Dr. Wilk called the Westchester Police Department and told them what he knew of her and her relationship with R. Durst.

Approximately thirty minutes later, on February 19, 2016, DDAs John Lewin and Habib Balian and I telephonically interviewed Dr. Wilk regarding several pages of handwritten notes he made while meeting with K. Durst during a counseling session, and a student evaluation form for K. Durst, which he filled out, (See attachment titled Dr. Wilk's notes and Student Evaluation). The interview was surreptitiously recorded and downloaded onto a compact disc (CD). The CD was booked into the Los Angeles County District Attorney's Sound Lab under 16-229CDO. The following is a summary of the interview:

Dr. Wilk confirmed the notes were written in his handwriting, except for "Dr. Cook called" in the center of page 1. Dr. Wilk wrote the notes "during or right after her [K. Durst] clerkship." The notes were of a conversation he had with K. Durst after he received a verbal report about K. Durst "being distracted, and having a hard time."

The following is a transcription and explanation of Dr. Wilk's notes:

Page 2 Miss Durst Unable to handle Unpleasantness Lawyers, court Deadline Take written and oral At anytime Will come and see me in A few days

Page 3 Tuesday March 3, 1981 Kathleen Durst In the middle of divorce

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Not very pleasant Haven't been in Not asking for special consideration Time after the clerkship (K. Durst asked to do extra time after her clerkship to make up for missed time) Court proceeding Have to go Seeing her therapist Appropriate exam?

Page 4 2 (upper right) Surgery Ranked #1 (K. Durst wanted to be a surgeon) Interested in it Unfortunate time Court proceeding Assault (Regarding R. Durst attacking unknown male friend of K. Durst) The weekend before surgery (K. Durst had not explained to Dr. Wilk about the attack in detail at this time) Very, very difficult Violence feel it at work (K. Durst was still feeling the "violence" from the attack) Fin anal compulsive (K. Durst) It 's important (Dr. Wilk expressing his understanding of K. Durst) You know, you know Give 100% (K. Durst liked to give things her all)

Page 5 Do an elective (Dr. Wilk suggested an elective during K. Durst's 4th year) Looking for empathy (K. Durst did not want sympathy) Been going on for a year (TheDeadline trouble with her husband, R. Durst) Married 8 years been together 10 years (Relationship with R. Durst) 29 (K. Durst's age) Mature for my age No children Husband very wealthy Stopping her tuition checks (R. Durst stopped paying for K. Durst's medical school) Tell her about (Need a good lawyer?) Assaulting

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Kicking someone in the head (Dr. Wilk described K. Durst as "shuttering" when she talked about the attack in detail)

Page 6 4 (upper right corner) Have a good lawyer (K. Durst explained she had a good lawyer) Lingering death (K. Durst described her situation as going on for a long time) Can't guarantee her safety (K. Durst was referring to her lawyer) Homicidal side to him (Dr. Wilk had an independent recollection of K. Durst telling him, "My husband has a homicidal side to him.") Friend is a good word (Dr. Wilk wanted to let K. Durst know, she was not alone, and recalled telling K. Durst, "I'm your friend.") Never forget (Dr. Wilk wanted to let K. Durst know he would be there for her if she needed him) In some way, look at with a sense of contentment (Dr. Wilk explained that if K. Durst got through the divorce, it would be a good thing) Situational therapy Objective party Care about you Will make a damned good (Dr. Wilk believed K. Durst would make a good doctor/surgeon)

Page 7 Husband is 38 (K. Durst talking about R. Durst) Have your book (Dr. Wilk loaned a surgery book to K. Durst) Glad anxious to have you come by (Dr. Wilk) Thank you for taking your teacher's cap off(K. Durst) Well, I care about you (Dr. Wilk) Do come by (Dr. Wilk)

Independent of the notes, Dr. Wilk recalled K. Durst telling him all of the above. Also, Dr. Wilk described K. Durst's demeanorDeadline during the above meeting as "calm but disturbed/distressed." The following summary is in reference to the Albert Einstein College of Medicine, Student Evaluation form for K. Durst, from February 2, 1981 to March 22, 1981, completed by Dr. Wilk:

Dr. Wilk confirmed the signature on the bottom right corner of the evaluation form was his signature. Dr. Wilk confirmed the form we were reviewing, was the standard form he filled out after a student completed a rotation.

Dr. Wilk selected "Good" for K. Durst's overall performance.

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In the narrative evaluation portion, Dr. Wilk wrote K. Durst, "Began the clerkship and was doing well until forced by personal reasons to interrupt it." Dr. Wilk was unable to recall a specific memory about the interruption.

Dr. Wilk believed K. Durst's desire was to complete medical school.

Dr. Wilk believed K. Durst completed her clerkship, but said she had a lot of problems.

K. Durst did not have specific duties with Dr. Wilk. K. Durst was assigned a particular floor and she and the residents on that floor were taught by specific doctors assigned to teach on that floor; Dr. Wilk was not directly involved with the clinical teaching of K. Durst.

Dr. Wilk recalled K. Durst "missed quite a few days" of school, but he did not follow her attendance on a day by day basis.

Dr. Wilk had no memory nor would he have been aware, if K. Durst had not shown up for school, and had not called in.

Dr. Wilk explained the student evaluation form was completed by using input from the surgeon who led rounds on K. Durst's floor. Dr. Wilk went onto say, 'This form was to pass her." K. Durst completed the rotation but Dr. Wilk was unable to give her a rating of outstanding.

Dr. Wilk had no interaction with K. Durst after she completed the rotation.

Dr. Wilk believed he would have first known of K. Durst's disappearance after it was published in the newspaper. The day Dr. Wilk learned K. Durst was missing, he called the police.

On March 3, 1982, Dr. Wilk was interviewed by Detective Struk on the phone. The phone call detailed Dr. Wilk interviewing K. Durst. During the interview, Dr. Wilk took notes and told Detective Struk, that K. Durst described her husband (R. Durst) as homicidal. Dr. Wilk confirmed the notes he referredDeadline to when talking with Detective Struk, were the same notes as the ones detailed in this report.

Dr. Wilk believed he only had one conversation with the police regarding K. Durst's disappearance.

Dr. Wilk's immediate response after learning of K. Durst's disappearance was, "He's killed her. Durst has killed her."

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When asked who the medical students in a surgery rotation would call if they were going to miss a day, Dr. Wilk responded, "I would say someone on the service on which they were rotating."

Dr. Wilk first agreed a medical student starting their first day on a rotation, suffering from a headache, cramps and diarrhea, could warrant him/her to call in absent. But then Dr. Wilk said he could not comment, because it would vary from one person to the next.

Dr. Wilk believed it would be strange for a fourth year medical student to call the Dean instead of someone on the service to notify of their illness and absence. Dr. Wilk said the medical students would know to call the service to notify the hospital of their absence. Dr. Wilk went onto say, the medical students would call the hospital and speak to the chief resident and notify him/her of their illness and inability to attend their scheduled rotation.

Dr. Wilk was unable to specifically cite a time he received a call from a medical student who notified him of an illness and their inability to attend a rotation. But then said, "Sure, I probably did."

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Case No Date of Report Page 2014-S-1415 03/22/2016 14 of 15 LADA 141415 LUA 011- it.-u 0007

Please return to Registrar's Office Room 212A ECHS Envelope should be marked CONFIDENTIAL

ALBERT EINSTEIN COLLEGE OF MEDICINE [1 OF YESHIVA UNIVERSITY

Student Evaluation

STUDENT Kathleen Durst CLASS

CLERKSHIP Surgery DATES 2/2 TO 3/22/81 Montefiore Dr. Peter Wilk HOSPITAL EVALUATOR

PLEASE COMPLETE THE GRID FOR AREAS NOTED BELOW WHERE APPLICABLE TO A o ,6+ o° OJP EEO YOUR CLERKSHIP. PLO v o ,A Af/ e e e + 4e, 0 44, 0 Qo

Factual knowledge

Problem solving ability

Industry and motivation

Responsibility

Patient management

Quality of workups Report discusser Interpersonal relations with student

Yes ❑ House staff potential in this specialty

OVERALL PERFORMANCE

NARRATIVE EVALUATION Ms. Kathleen burst has fully satisfied the requirements for the 3rd year surgical clerkship.Deadline She began the clerkship in March 1981 and was doing well until forced by personal reasons to interrupt it. She subsequently demonstrated good knowledge in a written examination and the department is satisfied that Ms. Durst has completed the requirements for the clerkship. GRADE:

0 Honors

Pass

0 Fail

I Deferred (explain in narrative)

St2!•,r,v t •ritj (1; Signature Case No Dale of Report Page LIADA 141416 2014-S-1415 03/22/2016 15 of 15 EXHIBIT 13

Deadline 1 RECORDED TELEPHONIC INTERVIEW OF DR. ALLEN SCHREIBER 1 CONDUCTED BY DDA JOHN LEWIN. 2 3 4 5 CASE NO.: SA089983 6 CASE NAME: P v. Robert Durst CHARGE: PC187(a) 7 RECORDING DATE: September 3, 2015 8 RECORDING TIME: Unknown RECORDING NO.: Dr. Allen Schreiber 9-3-15 9 DEPUTY D.A.: John Lewin 10 D.A. UNIT: Major Crimes Division 11 12 LEGEND: 13 14 D — DDA John Lewin B — DDA Habib Balian 15 S — LAPD/RHD Det. G. Shamlyan 16 C — LAPD/RHD Det. L. Camacho A — Dr. Allen Schreiber 17 U -- Unidentified Voice 18 *** Unintelligible 19 20 21 Deadline 22 TRANSCRIPT PROVIDED BY

23 Los Angeles County District Attorney's Office 24 February 2016 25 26 27 28 sam

LADA 140662 15

1 injuries you ever saw? 2 A No. 3 D Uhm, did you notice, in the time that you were with her, did 4 you notice any change in kind of like her demeanor? Did she — 5 A Oh, she was miserable. 6 D -- seem — okay. And — and — and, again, tell me — tell me, uh, 7 what makes you say she was miserable. 8 A Uh, I don't know. Uh, just — I think she told me. I mean, I 9 didn't have to be a rocket scientist. She told me that she was miserable. 10 She was very — I mean, she always looked depressed. And, uh, -- uhm, 11 -- oh, uhm, that was — I mean, that was about it. But, one thing — in other 12 words, when she would come over to my apartment, uh, during — after 13 work or whatever it is, I mean, she would call him every three hours to 14 make sure that he wasn't mad or, you know — you know, or suspicious or 15 anything. She was very afraid of him. 16 D And — and — and, when you say that she was very afraid of 17 him, is that something that is only — 18 A No, she — I — she told me that. 19 D Okay. 20 A And I don't want him getting — you know, he'll — he'll — I 21 mean, not — no, Deadlinehe — she didn't say he'd do anything physical, but, he'll, 22 you know, follow me or this or that. I mean, that he was — uh, paranoid is 23 the wrong word. Suspicious is the right word. 24 D Yeah. You know, Dr. Schreiber, uh, the eighties — late 25 seventies are a long time ago. 26 A Yeah. 27 D And we — it's a lot different, in terms of, you know, 28 relationships.

LADA 140676 21

1 A She was damn good at what — she was good. It wasn't — I 2 mean, she was a good doctor who cared about her patients. And I'm not 3 — I mean, I'm not just saying that. I mean, let's just take all the emotions 4 out of it, she was a good student. She was really dedicated and a good 5 student. And, for her to, all of a sudden, jump ship on this, would be just 6 totally — it would be zero. 7 D When — when you heard she disappeared, what was your 8 first response? The first thing that went through your mind? 9 A That she told me the truth. 10 D Meaning — uh, meaning? 11 A Yeah, just — uhm, just like I read in the paper, she told me the 12 same thing a year ago. She said to me, "You know, I'm really afraid of 13 him. And, if something happens to me, it's gonna be him." And she was 14 gone. The first thing I thought about was — 'cause, you know, when she 15 would tell me that, I'd say "Come on. You know, come on. Enough 16 already. All right. I know this is anxiety-provoking and all this other bull- 17 shit," I said "but, he's not gonna kill you." And he — she looked at me and 18 said "He could — he might." And he did. 19 D Did — did she ever discuss with you anything about Bob and 20 his, uh, work with his family? 21 A Yeah.Deadline Yes. 22 D What did she — what did she tell you? 23 A I'm not — I'm not gonna do that without a lawyer. 24 D Uhm, -- 25 A I can't do that, John. 26 D Oh, okay. Okay. Well, just let me — 27 A I'm really nervous about doing that piece of it. Yeah, she 28 spoke to me a lot about it. But, I'm not gonna do that now.

LADA 140682 EXHIBIT 14

Deadline 1 RECORDED TELEPHONIC INTERVIEW OF KAREN MINUTELLO 1 CONDUCTED BY DEPUTY DISTRICT ATTORNEYS JOHN LEWIN AND 2 HABIB BALIAN. 3 4 5 CASE NO.: SA089983 6 CASE NAME: P v. Robert Durst CHARGE: PC187(a) 7 RECORDING DATE: April 27, 2015 8 RECORDING TIME: Unknown RECORDING NO.: Karen Minutello 4-27-15 (49 min).MP3 9 DEPUTY D.A.: John Lewin 10 D.A. UNIT: Major Crimes Division 11 12 LEGEND: 13 14 D — DDA John Lewin B — DDA Habib Balian 15 R — Det. Luis Romero, RHD 16 M — Karen Minutello U -- Unidentified Voice 17 'Unintelligible 18 19 20 21 Deadline 22 TRANSCRIPT PROVIDED BY 23 24 Los Angeles County District Attorney's Office

25 September 2016 26 27 28 sam

LADA 144058 9

1 D In — in other words — in other words, you know, that ***— 2 M I — I don't — I don't know — I don't know that I — I don't know 3 that I'm aware of how much of the comings and goings of all the people, 4 between working and vacations and — 5 D Right. But, I guess, maybe another way to put it is, with 360 6 units, uhm, is it fair to say that you're not really gonna know how often 7 they're there or not there? 8 M Uhm, I guess that's fair to say. I mean, I'd have contact with 9 people if they needed a repair in the apartment. I'd have contact with 10 people that I would see on a regular basis in the hallways or, you know, 11 coming and going in and out of the building. And, I might have a regular, 12 uhm, relationship with people if they came in and paid their rent in 13 person. 14 D So, if we go to — well, let's talk about, you know, going as far 15 back as we, uhm, can. If I were to ask you, "Hey, describe, you know, 16 Bob and Kathy, in terms of how they appeared to get along, what you 17 observed about them?" 18 M I didn't — I didn't observe anything, personally, one way or the 19 other about their behavior with each other. Uhm, but, a few days before 20 she — or a week or so before she disappeared, she did call me. 21 D Okay.Deadline Uh, tell us about that. 22 M She called me. And, she was a little vague, at first. But, 23 then, she was — she started out asking if there was an empty apartment 24 in the building, because she wanted to rent her own apartment. And, I 25 didn't have anything, at the time. And, then, she started talking a little 26 more personal, like she really needed to move out of the apartment with 27 him. And, could I let her sister know as soon as there was anything 28 available. And —

LADA 144066 10

1 D Did she say why? 2 M She indicated she just needed to get away from him. 3 D Uhm, well, I mean, in the way that she was talking to you, 4 uhm, did it seem like, you know, uh, she was happy? Did it seem like, 5 you know -- 6 M No. 7 D -- she was — 8 M No. 9 D In other words, the way she was talking to you, were you able 10 to kind of figure out, uh, anything about what was going on with their 11 relationship? 12 M Well, I — I spoke to her sister. Now, whether I spoke to her 13 sister bef- -- 'cause I spoke to her sister a lot more than I spoke to her. 14 D Okay. 15 M And, like I say, it was 33 years ago. So, whether I had a 16 conversation with her sister before or after she disappeared, I honestly 17 can't remember. 18 D Okay. 19 B You, obviously, from that — or had interactions with Kathy, 20 right? 21 M Uhm,Deadline not — I don't — I only really recall that one phone call. 22 D And — and, so, if you can -- so, right now, if you can, tell me 23 everything you remember about that phone call, as much as you can. 24 M Yeah, see, and I wrote everything down and put it — after she 25 disappeared, I wrote everything down, that I could remember, and put it 26 in her tenant file. But, back in 1982, nobody ever called and questioned 27 me. 28 D Okay. So — so, as you sit here right now, if you can, just —

LADA 144067 EXHIBIT 15

Deadline

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Deadline LOS ANGELES COUNTY DISTRICT ATTORNEY

PEOPLE OF THE STATE OF ) Case No. SA089983 CALIFORNIA, ) Plaintiff, ) ) vs. ) ) ROBERT DURST, ) ) Defendant. ) )

INTERVIEW OF: ROBERT DURST

BY: ANDREW JARECKI (MOVIE DIRECTOR). ALSO PRESENT, MARC SMERLING, AND SEVERAL UNIDENTIFIED MALE SPEAKERS AND FEMALE SPEAKER

DATE: APRIL 18, 2012

AUDIO FILE NO.: 0417_134753 (COMBINED), 0417_141603 AND 0417 141628 (COMBINED), AND 0417 142102.

TRANSCRIBED BY: APRIL MARIE CARLOS JOB NO.:Deadline PS-11

LADA 134720 1 ROBERT DURST: Oh, someone's in the bathroom. 2 ANDREW JARECKI: Oh, it's -- 3 MALE SPEAKER: Oh, okay. 4 ANDREW JARECKI: It should be behind you. 5 ROBERT DURST: Well, maybe, this is the bathroom. 6 (0:46:28.9) 7 MALE SPEAKER: No, I don't think anybody's in the 8 bathroom. 9 MALE SPEAKERS: Yeah, that's it -- 10 ROBERT DURST: You're right. This is the 11 bathroom. 12 MALE SPEAKER: Yeah. 13 MARC SMERLING: Nikita. 14 NIKITA BURDEIN: Yes. 15 MARC SMERLING: You don't have that -- that 16 recording from Pennsylvania -- 17 ROBERT DURST: There it is. You're caught. 18 MARC SMERLING: (Inaudible in background) tapes 19 here do you? 20 NIKITADeadline BURDEIN: No. 21 MALE SPEAKER: Did we record -- 22 MALE SPEAKER: That's good. That's good. 23 ANDREW JARECKI: Huh? (0:46:42.1) 24 MALE SPEAKER: Just a couple -- 25 ANDREW JARECKI: No.

73

APRIL CARLOS TRANSCRIPTION (909) 992-8838

LADA 134792 EXHIBIT 17

Deadline 1 Partial Transcript

2 Date: April 18, 2012 3

4 Legend:

5 Robert Durst ("D") 6 Unknown Background Speaker ("U") 7 8 D I am going to go use the restroom, which is right here. Except

9 that it's locked. Oh, someone's in the bathroom.

10 U Oh okay.

11 D Or maybe this is the bathroom. 12 U Yeah, that's it. 13 D You're right, this is the bathroom. 14 [Unintelligible] There it is, you're caught.

15 D You were right, of course. But, can't imagine. They want to 16 talk to [inaudible]. That's good. I find them very [inaudible] 17 and I do not want to talk to them. 18 Why should.

19 [Unintelligible] I don't know what you expected to get. I don't 20 know what's in the house. Oh, I want this. 21 Killed them Deadlineall, of course. 22 [Unintelligible] I want to do something new. There's nothing 23 new about that.

24 [Inaudible - possibly "disaster.") He was right. I was wrong. 25 The burping. I'm having difficulty with the question. What the 26 hell did I do? 27 28

Page 1 of 1 EXHIBIT 18

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