He Killed Them All Read online

Page 29


  Based on what you’ve seen in The Jinx and what you’ve read in my book, what is your opinion about whether the Dursts wanted to find Kathie?

  That’s an easy one. An average person would look at hiring a criminal defense attorney, or the lack of press about the case, the small reward offered, and think, Wow. Why didn’t they do more? They’d wonder if there was an act of suppression going on. As a normal human reaction to tragedy, the Dursts were not empathic to the McCormacks or helpful in the investigation. You don’t have to be an expert in human behavior to see that. A lot more should have been done to reach out to the family and try to help locate the missing woman.

  They closed ranks. Why? Three possibilities.

  1. To protect themselves.

  2. To protect Robert.

  3. Because they’re a bunch of very self-secure and self-protective people.

  Now, why do you think Robert chose the disguise of a mute woman in Galveston, New Orleans, and possibly other places we don’t know about?

  Beyond the obvious, the simple reason he stated, that he was going for the best disguise and chose to be a woman to hide his appearance and a mute to hide his voice? He was a practical thinker.

  In the study of human behavior, we think a bit deeper about the choices people make. He might not even be aware of his reasons, but his choice could tell a larger story about his true motivation.

  He dressed as a woman without a voice. He might’ve thought a lot about wishing women would shut up, including his wife and Susan Berman. He certainly wanted Gilberte and you, Judge, to be silent. His defense went so far as to gag you. So follow the logic. He’s thinking about women being silent. He’s thinking about a disguise. He puts them together and comes up with the disguise of a mute woman.

  He dressed up to be what he wished I were: a woman who can’t talk.

  Part of being good at your job is to extrapolate, and that idea wouldn’t be so far-fetched to be valid. It’s certainly something worth speculating about.

  Why didn’t Douglas tell me about the Igors in 2000, or to investigators in 1982? He said “in retrospect” he made the connection between dead dogs and a missing wife. Does it usually take over thirty years to connect the dots?

  Making those kinds of connections can be delayed. You can recognize the significance over time. But the window is up to two years, not over thirty.

  | FINAL ARGUMENT

  Some people out there may still believe that Robert Durst is a good man who’s had the worst luck in the world, and that he was driven to kill because he was scared of me. They believe that I am the Jinx. They believe that, by kicking the eighteen-year-old hornet’s nest of Kathie’s disappearance, I am to blame for the deaths of Susan Berman and Morris Black. They think that if I’d just kept my mouth shut, lives would have been spared.

  Other people have accused me of grandstanding, or involving myself in the Durst case for personal gain and acclaim. I’ve been attacked by the media, by people on my own team, by the families of the victims, by jealous frauds, and by half-wit jurors.

  They don’t know me.

  My quest for justice for Kathie Durst turned into an opportunity for people with big egos and little brains to harass a woman for doing her job. For my efforts to solve the murders of two women, they tried to make me a victim myself. Unlike Kathie and Susan, however, I’m still here to fight and defend myself.

  I’ve made my case over the last few hundred pages, and I believe I have proven, beyond a reasonable doubt, that Robert Durst is a serial murderer, a monster, true evil.

  My pursuit of this monster has always been about one thing: justice long denied. And if justice were denied for Kathie Durst, who warned everyone what was coming, you can bet the ranch that so many other women were lost in the misogyny of our society.

  Women’s lives are not disposable. Women’s lives matter.

  We have the right to speak, to lead, to fight for justice, and to be in power. The men who tried to turn me into a cartoon of ambition and ego weren’t out to protect victims or to serve justice. They would rather take a murderer’s dollars and fill a courtroom with smoke than do their jobs with integrity. They succeeded, for a while. But I’ve always believed in the long game. The truth always comes out eventually.

  We have finally arrived at Robert Durst’s downfall.

  The Jinx would not only help put a murderer behind bars. It won an Emmy for Best Documentary as well. I would receive applause for being smiley, quotable, and knowledgeable about the case on the series. The public reaction to me in 2015 has been a lot different from that in 2000. The press that once belittled me has started calling me things like “the unsung hero of the Durst case.”

  They have created a new narrative for me: I was maligned for a long time, but I was right all along and I should be happy and grateful now that everyone knows it.

  I would go on TV shows and listen to their questions—“Aren’t you so glad?” “Do you feel vindicated?”—and all I could think was You know what? I don’t need your applause. I don’t need vindication.

  In fact, asking if I feel vindicated is the wrong question.

  It’s the case that’s been vindicated.

  Our investigation has been vindicated.

  I knew I was right and, with all due respect, I didn’t need anyone to tell me that. The only thing I have ever wanted since I first heard the name Durst was justice for Kathie. And it looks like we’re finally going to get it.

  Leveling the playing field for every victim who is seen as disposable and as less than worthy of concern has been the driving force of my career. Kathie was only one of the women I fought for over the course of my thirty years in law enforcement. Most of them weren’t “important” enough for the press to write about or report on. They weren’t “important” enough to attract the wannabes and characters and theater actors that Kathie’s case ultimately did. They remain, for the most part, nameless, faceless women who may not have had notoriety but were fortunate enough to have their cases handled by real cops who worked tirelessly, quietly, out of the limelight for justice. By men—like John O’Donnell and Eddie Murphy—who had a moral core, who understood the mission, and who valued the lives of every victim. By men like Cody Cazalas, who carried the burden of the Texas acquittal, who believed he worked for God.

  I’ve fought alongside such heroes. I’ve led them. This book is about one case, but Kathie represents the tens of thousands of women whom I have fought for and protected and, in some cases, won justice for posthumously. The fact that a rich guy was at the end of my spear this time doesn’t change the fact that I’ve had my spear out for thirty years—and counting.

  Like it or not, that’s who I am. That’s what I’ve done. And I’d do it all over again in a heartbeat.

  Robert Durst and Kathie Durst’s wedding. (Courtesy of the Galveston Police Department)

  Morris Black as a young man. (Courtesy of Gladys Saslaw)

  Susan Berman, Durst’s friend. (Gerardo Samoza/Polaris)

  Photo of Robert Durst in the late 1960s found in his car after his arrest in Pennsylvania. (Courtesy of the Galveston Police Department)

  “I live to eat, other things are just to get through the day. What DD is doing to me, puts me in the same place, as what Kathy [sic] did to me.” Note in green ink found in Durst’s car in Pennsylvania. DD thought to be Douglas Durst. (Courtesy of the Galveston Police Department)

  Kathie’s diary, where she writes how Robert would bring women into their apartment and where she says Robert’s brother believed he was embezzling funds. (Courtesy of James McCormack)

  While district attorney, meeting with Westchester county executive Andrew O’Rourke to discuss a Westchester police helicopter. (Anthony Vitulli)

  Announcing new domestic violence legislation at a press conference in the DA office’s library. Governor George Pataki and other legislators were in attendance. (Author’s collection)

  As DA in 1999 at the beginning of the Durst odyssey. (Getty Images)


  An old photograph of Debrah Lee Charatan found in Durst’s car after his arrest for murder in Galveston. (Courtesy of the Galveston Police Department)

  Durst being processed by the Galveston Police Department for the murder of Morris Black on October 9, 2001. (Courtesy of the Galveston Police Department)

  Detective Cody Cazalas of the Galveston Police Department. (Courtesy of Cody Cazalas)

  With my security detail, left to right, investigator Tim McAuliff, Chief Mike Duffy, and investigator Pat Spatafore. (John Vecchiolla)

  With investigator John O’Donnell (left), investigator John Fitzsimmons, and senior investigator Bob Donnelly. (Courtesy of the author)

  A page found in Durst’s car with circled and crossed-out paragraphs. Preparing for a psychiatric defense? (Courtesy of the Galveston Police Department and Colonial Regional Police)

  The calendar from Durst’s vehicle with significant dates, including those for when Susan Berman was killed and the day he assigned power of attorney to Debrah Lee Charatan, circled in green. (Courtesy of the Galveston Police Department and Colonial Regional Police)

  The New Orleans dry-cleaning receipt for the blanket with a red stain (believed to be from blood from the head of Morris Black), which Durst dropped off one day before he was arrested in Galveston. (Courtesy of the Galveston Police Department)

  One of the trash bags that contained Morris Black’s severed limbs. (Courtesy of the Galveston Police Department)

  The gun used to shoot Morris Black: a Ruger .22 semiautomatic pistol. (Courtesy of the Galveston Police Department)

  At dinner before the worldwide premiere of The Jinx with Cody Cazalas and director Andrew Jarecki. (Startraks)

  | ACKNOWLEDGMENTS

  Thanks to the many people who helped make this book happen and generously gave their time:

  Val Frankel, my cowriter, who can grasp an issue quicker than you can think it. Val, you are a lifesaver and you know why.

  Mitch Ivers, my editor, who always had a smile on his face no matter how tough things got.

  My agent, David Vigliano; my manager, Steve Carlis; and my lawyer, Al Pirro—yes, we are all still friends.

  Gallery Books and Simon & Schuster for publishing this book—Louise Burke, Jen Bergstrom, Jen Robinson, Elisa Rivlin, and Natasha Simons.

  Fox News management and Dianne Brandi for giving practical advice when I was in New Orleans and helping me fight the good fight.

  Former director of public affairs for the Westchester District Attorney’s Office Anne Marie Corbalis, fact-finder extraordinaire, whose research you can take to the bank.

  Former chief assistant district attorney Richard Weill, one of the smartest men I know, whose advice I always take, except when I don’t.

  Former executive assistant district attorney David Hebert, who continues to inspire me.

  Roseanne Paniccia for her memory like a steel trap.

  Former chief assistant district attorney Clem Patti.

  Retired senior investigator John O’Donnell, who takes crime personally. John, there should be more like you.

  Retired chief investigator Mike Duffy, who has gone to the dark side as a defense lawyer.

  Chief financial officer for the Westchester District Attorney’s Office, Pat D’Imperio.

  Retired chief investigator Casey Quinn.

  Retired prosecutor Barbara Egenhauser.

  Former Galveston district attorney Kurt Sistrunk and assistant district attorney Joel Bennett for their perseverance in the case.

  District attorney of Northampton County in Pennsylvania, John Morganelli.

  Stephen Quint for hours of transcription.

  Special thanks to Carly Lee Roman, my superstar intern from the University of Pennsylvania, who will make a great lawyer someday.

  And Cody Cazalas, whose encouragement helped get me through this odyssey and who consistently and generously gave of his time and energy to make sure that I had everything I needed for this book.

  JEANINE PIRRO is the former district attorney and county court judge of Westchester County, where she started the first domestic violence unit in a prosecutor’s office in the United States. She is an Emmy Award winner, a legal analyst for Fox News, and the host of Justice with Judge Jeanine, as well as the author of several books, including To Punish and Protect: One DA’s Fight Against a System That Coddles Criminals.

  FOR MORE ON THIS AUTHOR: authors.simonandschuster.com/Jeanine-Pirro

  MEET THE AUTHORS, WATCH VIDEOS AND MORE AT

  SimonandSchuster.com

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  | INDEX

  A note about the index: The pages referenced in this index refer to the page numbers in the print edition. Clicking on a page number will take you to the ebook location that corresponds to the beginning of that page in the print edition. For a comprehensive list of locations of any word or phrase, use your reading system’s search function.

  ABC, 158, 162, 292, 295

  ABC News, 84

  Abrams, Dan, 259

  Acme Oysters, 285

  Adams, Cindy, 259

  ADD (attention deficit disorder), 163, 182, 304

  Ailes, Roger, 291

  Alabama, 160

  Albert Einstein Medical School, 57, 73–74, 96, 261

  Allen, Woody, 81

  All Good Things (film), 10, 16, 222, 243, 253, 268

  distortions and superficiality of, 249–50

  Pirro as portrayed in, 247–49, 255

  American Express, 162, 201

  America’s Most Wanted (TV show), 158

  Anthony, Casey, 285

  antisocial personality disorder, 299–300, 304–5

  AOL, 15

  Appeals Bureau, 43, 46, 47–48, 52

  Armonk, N.Y., 245, 246

  Arson Strike Force, 77

  Asperger’s syndrome, 194–95, 202, 302–3

  Atlantic City, N.J., 78, 91, 164

  autism, 302–3

  Bach Realty, Inc., 149

  Bagli, Charles, 19, 20, 25–26, 97, 183, 220, 250, 268

  Bagli, Ellie, 19, 26

  Bandler, Jonathan, 116

  Bank of America, 162

  Barger, Clarence, 49

  BCB Property Management, Inc., 260

  Beatles, 79

  Becerra, Joe, 32, 108, 110, 115, 116, 117, 129, 138–40, 159, 241, 242, 247, 289

  Durst case news leak and, 97–103, 107, 187

  Becerra, Pete, 32

  Bedford, N.Y., 41

  Bel-Air Hotel, 106

  Belmont, N.Y., 158

  Bender, Steve, 30, 31, 32–33, 35, 75, 90, 95, 114, 269

  Bennett, Joel, 188, 191, 195, 197, 199, 201, 202, 203, 210, 212, 237

  Berger, Bradley, 148

  Berkeley College, 105, 179

  Berman, David, 105, 118, 119, 120, 158

  Berman, Susan, 15, 79, 95, 98–99, 109, 110–11, 120, 152, 153, 158, 162, 179, 207, 215, 233, 249, 251, 270, 309

  background of, 105–6

  Beverly Hills home of, 10, 94, 106–7, 108

  Durst’s friendship with, 2, 3, 65, 93, 103, 105, 107, 118, 155, 300

  Durst’s payments to, 93–94, 101, 107

  as Durst’s spokesperson, 65, 72, 85, 91, 93, 107, 231, 268

  as focus of Kathie Durst reinvestigation, 93–94, 101, 106–8, 117–18, 296–97

  Berman, Susan, murder of, 2–3, 8, 108, 115–16, 126, 132, 134, 147, 150, 168, 187, 223, 244, 250, 256, 286, 301, 311

  “cadaver” note in, 10–11, 21–22, 118–19, 177–79, 257–59, 276–77, 284, 302

  Durst’s Jinx confession in, 22

  D
urst’s letter to Susan in, 10–11, 21–22, 257–59, 274–80, 284

  FBI investigation of, 279, 283, 284

  gun used in, 128

  LAPD reinvestigation of, 176, 279

  LAPD’s initial dismissal of Durst connection in, 116–19

  prosecution case in, 4–5

  three-state task force on, 176–79

  Bethlehem, Pa., 158, 159, 165, 167

  Beverly Hills, Calif., 94, 106, 115

  Black, Morris, 5, 153, 162, 185, 186, 188, 195–97, 201–2, 214, 215, 233, 250, 270, 284, 296

  Black, Morris, murder of, 126–42, 169–74, 176, 177, 223, 244, 280, 311

  Cazalas’s investigation of, 12–13, 27, 132–36, 189, 212–13, 259

  dismemberment of body in, 3, 13, 115, 131–32, 168, 202–3, 235, 238, 268, 271, 303, 306

  Durst’s arrest in, 126, 136–37

  Durst’s bail jumping in, 3, 141, 157, 235

  Durst’s cleanup after, 134, 202

  Durst’s confession in, 168, 189

  Durst’s disposal of Black’s clothes in, 134

  Durst’s recapture in, 158–60, 165

  missing head in, 13, 132, 164, 190, 200, 203, 212–13

  Black murder trial, 97, 169–74, 181–215, 217

  Charatan-Durst tapes excluded as evidence in, 173

  Criss’s gag order in, 169–72, 183–84

  Criss’s mishandling of, 191, 193–99, 200, 203, 205

  Durst’s acquittal in, 3, 8, 13, 208–10, 213, 217