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News Posted on April 23, 2018

Professor Imwinkelried comments on Robert Durst case in Los Angeles Times

The April 16th issue of the Los Angeles Times reported on the pending prosecution of Robert Durst for the alleged murder of his friend Susan Berman. In the prosecution, the government is attempting to introduce testimony about the disappearance of Durst's wife, Kathleen, in the early 1980s in New York.The prosecution's theory is that Durst killed Berman because she had learned incriminating facts about Kathleen's disappearance. 

Los Angeles Times reporter Marisa Gerber interviewed Professor Ed Imwinkelried about the admissibility of the evidence about the disappearance of Durst's wife. Professor Imwinkelried explained that it is very common for prosecutors to attempt to introduce testimony about uncharged misconduct. He added that in the Durst case, the prosecution is invoking the noncharacter theory of motive: Durst was motivated to kill Berman because Berman had discovered facts pointing to the conclusion that Durst had murdered his wife. Professor Imwinkelried is the author of a two-volume treatise, Uncharged Misconduct Evidence.