Durst was charged last month with one count of 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, at Lewisboro, Westchester County, Durst “with intent to cause the death of another person, caused the death of that anybody ; namely: Kathleen Durst ”.
Durst was convicted in September of first degree murder for shooting his best friend Susan Berman in 2000 at her Beverly Hills home, hours before she was ready to speak to investigators about the mysterious disappearance of the wife of Durst, Kathleen McCormack Durst.
Dick DeGuerin, Durst’s former senior attorney, said in a statement to CNN that Durst was “on the brink of death.” CNN reported that Durst, who also has bladder cancer, tested positive for Covid-19 in October.
Kathleen McCormack Durst was last seen in 1982 and her body has not been found. McCormack Durst was declared legally dead in 2017.
“I don’t think there is any evidence to follow,” DeGuerin told CNN. “That doesn’t mean he can’t be charged. “
In a press release, Westchester District Attorney Miriam Rocah said family and friends of McCormack Durst were left with “pain, anguish and questions that contributed to their lawsuit. flawless justice over the past 39 years ”.
Rocah said her office “reinvigorated” her investigation into Durst when she took office 10 months ago.
“For nearly four decades there has been a lot of speculation about this case, largely fueled by Robert Durst’s own high-profile statements,” Rocah said. “An indictment is a crucial step in the process of holding criminals accountable for their actions. “
Bob Abrams, who represents the family of Durst McCormack, told CNN: “The family will make a public statement on Wednesday. “
Durst is currently in custody in California, where he was on trial for the murder of Berman. After Durst tested positive for Covid-19, he was transferred to the California Health Care Facility in Stockton last week, according to inmate files online.