Durst was charged last month with one second-degree murder in the alleged murder of his ex-wife Kathleen McCormack Durst.
Monday’s indictment states that “on or about” January 31, 1982, in Lewisbor, Westchester County, Durst, “with the intent to cause the death of another person, caused the death of such a person; that is, Kathleen Durst.”
Durst was found guilty in September of first-degree murder for shooting his best friend Susan Berman at her Beverly Hills home in 2000, hours before she was due to speak to investigators about the mysterious disappearance of Durst’s wife, Kathleen McCormack Durst.
Durst was sentenced in October to life in prison without parole for Berman’s murder.
Kathleen McCormack Durst was last seen in 1982 and her body was not found. McCormack Durst was declared legally dead in 2017.
“I don’t think there’s any evidence to continue,” DeGuerin told CNN. “That doesn’t mean they can’t charge him.”
In a press release, Westchester District Attorney Miriam Rocah said McCormack Durst’s family and friends were left with “pain, anxiety and issues that have contributed to their unwavering search for justice for the past 39 years.”
Rocah said her office “revived” its investigation into Durst when she took office 10 months ago.
“For almost four decades, there has been a lot of speculation about this case, most of it fueled by Robert Durst’s own very published statements,” Rocah said. “The indictment is a key step in the process of holding perpetrators accountable for their actions.”
Bob Abrams, who represents Durst McCormack’s family, told CNN: “The family will have a public statement on Wednesday.”
Durst is currently in custody in California, where he was on trial for Berman’s murder. After Durst tested positive for Covid-19, he was transferred to a California medical facility in Stockton last week, according to online records of inmates.
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