Robert Durst: Judge dismisses wrongful death lawsuit accusing real estate heir of murdering his wife

Real estate heir remains under trial for murder in Los Angeles

A lawsuit accusing Robert Durst of allegedly killing his wife Kathleen Durst and disposing of her body has been tossed by a judge.

The civil suit, which was filed in March this year in a New York state court by Carol Bamonte, Ms Durst’s sister, on behalf of Ms Durst’s estate, sought damages in what it described as Ms Durst’s wrongful death.

Justice Paul A Goetz moved on Tuesday to dismiss the complaint, deciding that the statute of limitations to file such a lawsuit had passed.

Such a complaint can be refiled if criminal charges were ever to be brought against Mr Durst pertaining to Ms Durst’s death, the judge noted in court papers obtained by The Independent.

Mr Durst, a New York City real estate heir, was arrested in March 2015, not long before the airing of the finale of HBO’s six-part documentary The Jinx.

He has been charged with one count of murder related to the 2000 death of Susan Berman, his best friend. Mr Durst, 76, has pleaded not guilty in that case. His trial is scheduled to begin in September.

Mr Durst has denied any involvement in his wife’s disappearance. He has not been criminally charged in relation to her death.

Prosecutors have alleged that Mr Durst killed Ms Berman in order to keep her from sharing information about Ms Durst’s disappearance.

Ms Durst went missing in 1982 and has never been found. She has been presumed dead for two years.

In the final episode of The Jinx, Mr Durst can be heard saying, apparently unaware that his microphone was still recording him: “What the hell did I do? Killed them all, of course.”

Mr Durst was acquitted of murder in the 2001 death of his neighbour Morris Black after telling the court he had shot Black in self-defence.

However, a judge ruled in January this year to allow Mr Black’s death to be discussed as part of Mr Durst’s Los Angeles trial.

Prosecutors have alleged that Mr Black’s death was part of an effort to cover up Ms Durst’s disappearance.

Additional reporting by agencies