File - In this Friday, Jan. 6, 2017, file photo, real estate heir Robert Durst appears in a Los Angeles Superior Court Airport Branch for a pretrial motions hearing in Los Angeles. (Mark Boster/Los Angeles Times via AP, Pool, File)
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It's been more than three years since the arrest of eccentric New York real estate heir Robert Durst in the execution-style shooting of his best friend years earlier in Los Angeles.Prosecutors have started recording testimony over the past year of older witnesses who might not be available if there is a trial. Some of the testimony includes damning evidence for Durst, who already has beaten a murder rap in an unrelated 2003 Texas killing.The challenge, however, will be getting any of that evidence before a jury.Goldman said the judge will have to evaluate the relevance of the evidence, whether hearsay is permissible and if the proof offered by testimony outweighs the bias it could create against Durst.For example, it's not certain if the judge will allow evidence that Durst fatally shot and dismembered neighbor Morris Black, 71, in Galveston, Texas, nine months after Berman was killed.
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