Lawyers: Millionaire Robert Durst illegally arrested

Lawyers: Millionaire Robert Durst Illegally Arrested

NEW ORLEANS (AP) - Millionaire Robert Durst was illegally arrested on charges that he murdered a woman in California, as well as drug and weapons charges filed in New Orleans, attorneys said in court papers Friday.

In the papers filed at the State Criminal District Court in New Orleans, William Gibbens and Dick DeGuerin asked a magistrate judge to schedule a preliminary hearing so that they can prove that there is no probable cause to keep Durst jailed. They say he should be released.

The judge agreed to schedule that hearing during another court appearance by Durst on Monday in New Orleans.

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Lawyers: Millionaire Robert Durst illegally arrested
Daily News front page November 12, 2003, Headline: Millionaire cross-dresser Robert Durst shot a man, chopped up his body and beat the rap. So Bobby...WHERE'S THE HEAD? Robert Durst (Photo By: /NY Daily News via Getty Images)
Daily News front page February 9, 1982, Headline: WIFE MISSING; 100G REWARD - Real estate tycoon's son asks for search - Medical student Kathleen Durst, wife of real estate tycoon Robert Durst and daughter-in-law of Seymour Durst, has been missing since Jan. 31, and the family has offered a $100,000 reward for information. She was last seen at her Riverside Drive apartment house. (Photo By: /NY Daily News via Getty Images)
Daily News front page September 23, 2003, Headline: HOW DURST DID IT - Defense tells trial why he butchered neighbor in 'self-defense' Robert Durst (Photo By: /NY Daily News via Getty Images)
UNITED STATES - NOVEMBER 30: Fugitive murder suspect Robert Durst, the estranged scion of one of New York's wealthiest real estate families, is shown in a police booking photo Friday, Nov. 30, 2001, in Hanover Township in Bath, Pa. Durst was arrested Friday after shoplifting Band-Aids and a sandwich at a supermarket near Route 22, an east-west highway that leads to New York. Durst, who was suspected in his wife's disappearance 19 years ago, became a fugitive after being charged in October with murdering his 71-year-old neighbor, whose dismembered body parts were found dumped in Galveston Bay in Galveston, Texas. (Photo by NY Daily News Archive via Getty Images)
UNITED STATES - FEBRUARY 20: Robert Durst of the Durst Organization, Inc. (Photo by Bill Turnbull/NY Daily News Archive via Getty Images)
Daily News page 8 and 9, November 11, 2000, Headline: Trial heats up in missing wife mystery - Cops shake the dust off '82 Durst case. By a stone cottage in northern Westchester, the pieces of an 18-year-old mystery, the celebrated disappearance of Kathleen Durst are slowing being put together. After more than a decade of inactivity, state police investigators have reopened the Durst case, chasing leads that again focus suspicion on her wealthy husband, real estate heir Robert Durst, law enforcement sources told the Daily News. (Photo By: /NY Daily News via Getty Images)
UNITED STATES - CIRCA 2000: Robert Durst of the Durst Organization, Inc., 133 6th Ave., New York City. (Photo by Bill Turnbull/NY Daily News Archive via Getty Images)
UNITED STATES - OCTOBER 18: Daily News page October 18, 2001 on Robert Durst, Headline Reads: , Hunt for Durst Widens (Photo by NY Daily News Archive via Getty Images)
UNITED STATES - JANUARY 25: Robert Durst who is wanted in Galveston Texas for the killing of a woman friend and for the missing of his New York wife Kathleen Durst, as he comes and goes from Northhampton Courthouse in Easton Pa. (Photo by John Roca/NY Daily News Archive via Getty Images)
Daily News front page December 1, 2001, Headline: NABBED - Millionaire murder suspect Robert Durst caught stealing sandwich (Photo By: /NY Daily News via Getty Images)
UNITED STATES - CIRCA 2002: Photo of Robert Durst taken from Lehigh University Yearbook, 1965 (Photo by NY Daily News Archive via Getty Images)
Daily News page 28, October 13, 2001, Headline: Coast-to-coast probe of Durst - N.Y., L.A. cops head to Tex., looking to link him to 3 killings - Investigators from New York and Los Angeles will meet with Texas law enforcement next week in a bid for evidence that could tie real estate heir Robert Durst to three killings. (Photo By: /NY Daily News via Getty Images)
GALVESTON, TX - NOVEMBER 10: Millionaire murder defendant Robert Durst (C) sits in State District Judge Susan Criss court with his attorney Dick DeGuerin (R) November 10, 2003 at the Galveston County Courthouse in Galveston, Texas. Durst is being charged for the murder and mutilation of his neighbor Morris Black. (Photo by James Nielsen/ Getty Images)
GALVESTON, TX - NOVEMBER 10: Millionaire murder defendant Robert Durst sits in State District Judge Susan Criss court November 10, 2003 at the Galveston County Courthouse in Galveston, Texas. Durst is being charged for the murder and mutilation of his neighbor Morris Black. (Photo by James Nielsen/ Getty Images)
GALVESTON, TX - NOVEMBER 10: Millionaire murder defendant Robert Durst (C) sits in State District Judge Susan Criss court with his attorney Dick DeGuerin (R) November 10, 2003 at the Galveston County Courthouse in Galveston, Texas. Durst is being charged for the murder and mutilation of his neighbor Morris Black. (Photo by James Nielsen/ Getty Images)
GALVESTON, TX - NOVEMBER 10: Millionaire murder defendant Robert Durst (C) sits in State District Judge Susan Criss court with his attorney Dick DeGuerin (R) November 10, 2003 at the Galveston County Courthouse in Galveston, Texas. Durst is being charged for the murder and mutilation of his neighbor Morris Black. (Photo by James Nielsen/ Getty Images)
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The attorneys also asked the judge to order that evidence be preserved from the hotel where Durst was arrested. They are seeking any and all records related to Durst and Everett Ward, the pseudonym Durst used to check into the hotel.

The documents blasted the arrest, which the attorneys say was orchestrated "to coincide with the final episode of the HBO docudrama 'The Jinx.'" The six-part documentary concluded Sunday.

Durst, a member of a wealthy New York real estate family, was charged with murder in California for the December 2000 shooting death of Susan Berman. Durst's arrest came shortly before the HBO finale about his links to three killings - that of his first wife, who disappeared in New York in 1982; Berman, the daughter a mobster and a close friend who acted as his spokeswoman after his wife disappeared; and a 71-year-old neighbor in Texas whose dismembered body was found floating in Galveston Bay in 2001. Durst has only ever been tried for the Texas killing, and he was acquitted of murder.

Durst waived extradition in New Orleans but is being held there on charges that he was a felon in possession of a gun and with illegally carrying a weapon with a controlled substance. Court documents say investigators found nearly $43,000 in cash, a gun and a rubber mask that could cover his head and neck in his hotel room when he was arrested. Authorities have also said marijuana was found in the room.

However, Durst's attorneys say his previous convictions are not serious enough to merit the gun charge.




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