Key evidence in the case against Robert Durst for the murder of his longtime friend, Susan Berman, has the eccentric real estate heir on his toes. His attorneys and legal counsel have filed a motion to suppress evidence relating to the now-infamous “cadaver note.” Unfortunately for him, the Los Angeles County DA isn’t convinced.

According to a recent motion filed by Durst’s counsel, his attorneys claim the evidence surrounding the two well-known handwriting samples was illegally obtained, as well as other various pieces evidence surrounding his arrest in New Orleans in 2015. The two samples were analyzed by Nyle Brenner during the 2015 HBO docuseries about Durst, The Jinx.

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Durst’s counsel also tried to prove there was a Fourth Amendment violation that would allow for the suppression of the New Orleans evidence and that the search of his hotel room in the French Quarter around the time of the arrest was unlawful.

But on May 8, the L.A. County district attorney filed a motion opposing Durst’s request, as per documents obtained by In Touch. In juxtaposition to Durst’s claims, the DA argued all evidence was obtained via a valid search warrant — and that Durst has been trying whatever he can to change the mind of the public and possibly sway influence in the outcome of the trial.

“From the onset of this prosecution, Defendant has attempted to sell a false narrative to all who would listen,” Deputy District Attorney John Lewin wrote in the motion. “He has repeatedly asserted that law enforcement’s actions leading up to and during his arrest were unreasonable, corrupt and illegally motivated. However, Defendant completely fails to acknowledge the most relevant fact leading to his arrest and the subsequent search of his hotel room and damning interview — law enforcement was on notice that Defendant was actively preparing to flee the country right after crucial evidence connecting him to Susan’s murder was widely publicized on national television.”

The DA is, of course, referring to the now-iconic final scene of the docuseries, where the two samples were presented to Durst by director Andrew Jarecki, essentially confronting him with damning evidence. One of the samples came from an old envelope addressed to Susan, another came from the unsettling note left for the Beverly Hills police at the scene of the crime. Both notes, 10 plus years apart, contain the same misspelling: “Beverley.”

“When viewed in this context, it is readily apparent that the actions taken by law enforcement were more than reasonable,” the DA continued. “They were absolutely necessary to prevent a murderer, who had already avoided apprehension for more than 30 years, from fleeing the country and evading justice.”

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