ROBERT DURST PROSECUTOR SEEKS VIDEOTAPED TESTIMONY, CITING FEAR FOR WITNESSES

Prosecutors who charged New York real estate heir Robert Durst with the murder of his best friend in Los Angeles want to videotape testimony from witnesses they fear could die or be killed before trial.

Deputy District Attorney John Lewin said Wednesday that prosecutors fear for the safety of witnesses because Durst is accused of killing a witness in the 1982 disappearance of his wife.

Lawyers for Durst objected to taking conditional testimony and suggestions the 73-year-old Durst, who is using a wheelchair and in custody, is a threat to anyone.

Lewin says Durst is worth $100 million and is suspected of killing Susan Berman, who was allegedly killed in 2000, before she was expected to be interviewed by police about the suspected murder of Kathleen Durst in New York.

Pool

FILE: Los Angeles, 7 November 2016

Los Angeles, 7 Nov. 2016

1. Robert Durst enters courtroom in a wheel chair and is seated next to his lawyers

++Off Camera++

2. UPSOUND "We enter a plea of not guilty."

Judge: "Not guilty plea will be entered."

3. Various of judge

4. Tight of Los Angeles County prosecutor

5. Various Durst with attorney Dick De Guerin

6. Wide of judge

7. Tight De Guerin

8. SOUNDBITE Robert Durst, suspect:

"Your honor, I'm willing to waive my rights. I do want to say here and now though, I am not guilty. I did not kill Susan Berman."

Judge: "Thank you. And do you in fact waive those rights at this time?"

Durst: "Yes."

9. Various Durst

The District court judge in Robert Durst's 2003 Galveston, Texas trial says that while Durst appeared to act crazy at that trial, she believes, "he's able to plan the crimes and he's able to plan the cover-up of the crimes."

"He is perfectly sane, he's got issues, and he's got a dark side, but he knows what he's doing," Former Galveston County judge Susan Criss said. "He shows a level of cunning that is not something the insane person is capable of doing."

Criss presided over the 2003 trial where Durst faced murder charges for killing his neighbor, Morris Black. A jury acquitted Durst of murder charges in that trial, despite admitting that he used a paring knife, two saws and an ax to dismember the body. With time served, Durst walked free after one more year for bond jumping and evidence tampering

Criss, who is now an attorney, says she's convinced he killed Morris as well as two other people.

"I think he killed his first wife. His first wife Kathy McCormack (Durst), I think he killd Susan Berman, and of course, we all know he killed Morris Black," Criss said.

Durst was arrested in New Orleans over the weekend in the death of his friend Susan Berman, who was shot to death in Los Angeles in 2000. FBI agents arrested him without incident on Saturday at a Marriott hotel in New Orleans.

These consequences came the same weekend as the Sunday finale of an HBO documentary detailing his life of privilege and links to three deaths: his friend in Los Angeles, Susan Berman; his wife in New York, Kathleen Durst; and Morris Black, an elderly neighbor in Texas.

Yet Criss says she does not think the FBI coordinated its arrest with the filmmakers and instead says they may have arrested him in order to prevent him from fleeing as the documentary gained more attention.

AP TELEVISION

Webster, Texas - March 16, 2015

1. Susan Criss (left) speaking with a friend

2. SOUNDBITE (English) Susan Criss, district court judge in Durst's 2003 trial and now an attorney (responding to question about Durst's behavior during the 2003 trial):

"During the first part of the trial, he was acting crazy. He was pretending to talk to imaginary people at the council table, he was grunting like a pig, trying to act crazy, when the media was around. At some point, he stopped doing that and started acting normal. He is perfectly sane, he's got issues, and he's got a dark side, but he knows what he's doing. He's able to plan the crimes and he's able to plan the cover-up of the crimes. He shows a level of cunning that is not something the insane person is capable of doing."

3. Susan Criss speaking with friend

4. SOUNDBITE (English) Susan Criss, Former Galveston County Judge: (district court judge in Durst's 2003 trial for Morris Black's death)

"I think he killed his first wife. His first wife Kathy McCormick, I think he killd Susan Berman, and of course, we all know he killed Morris Black."

COURTROOM POOL

Galveston, Texas - September 2003

++VIDEO IS 4:3++

5. Various courtroom pool of Robert Durst at trial where he was ultimately acquitted of murder charges in the death of his neighbor, Morris Black.

AP TELEVISION

Webster, Texas - March 16, 2015

6. SOUNDBITE (English) Susan Criss, Former Galveston County Judge:

"It's a very risky thing to coordinate a law enforcement investigation and entertainment. Law enforcement just doesn't do that."

COURTROOM POOL

Galveston, Texas - September 2003

++VIDEO IS 4:3++

7. Various courtroom pool of Robert Durst at trial where he was ultimately acquitted of murder charges in the death of his neighbor, Morris Black.

AP TELEVISION

Webster, Texas - March 16, 2015

8. SOUNDBITE (English) Susan Criss, Former Galveston County Judge:

"But no one's going to hold off for a number of years so that a movie could be produced or documentary or series could be produced, that's ridiculous. But, what I do see is that in addition to the entire country watching this show and being fascinated by it, Bob Durst has been watching it, and he's been reading the media accounts and he's been reading the stories about the case being reopened and what's happening. People are starting to talk, it generates talk. Perhaps what they did was move on him to prevent him from running because of this show."

AP TELEVISION

New Orleans - 16 March 2015

9. Exteriors of Orleans Parish Prison where Durst may be held