By John Springer Court TV
GALVESTON, Texas Jurors who will decide whether Morris Black was murdered or killed by Robert Durst in self-defense saw firsthand Thursday the .22-caliber Ruger handgun he was shot with and the bow saw used to cut him up.
Galveston police Sgt. Gary Jones spent a second full day on the stand testifying against Durst, the scion of a prominent New York real estate family whose first wife vanished without a trace in 1982. Black, 71, might have disappeared, never to be seen again, if True Value garbage bags Durst used to dispose of the body hadn't floated to the surface of Galveston Bay.
The defense does not deny that Durst, a 60-year-old multimillionaire who is more than a little unusual, dismembered his neighbor and sometimes drinking buddy. It would be hard to argue otherwise given the trail of clues police followed from the garbage bags to Durst's front door.
A bevy of lawyers insist, however, that Black only died because Durst's gun discharged when the two men wrestled for control of it.
Jones' primary assignment for the prosecution was to identify and describe for jurors scores of photographs and items of evidence. Jones, however, was also called upon to shake the defense's claim during opening statements Monday that Black fired Durst's handgun in Durst's apartment on two occasions before his death on Sept. 28, 2001.
On one of the occasions, the defense claims, Black fired the gun at a written notice from his landlord that his lease would not be renewed. "This is what I think of that," Black told Durst at the time, according to the defense.
On Thursday, prosecutor Joel Bennett moved the document into evidence and asked Jones if it had any bullet holes in it. "No, sir," Jones replied.
There has also been no testimony yet that police found any bullet damage inside the $300-a-month apartment Durst rented at 2213 Avenue K in Galveston. The defense says Durst was living in the apartment, posing as a mute woman named Dorothy Ciner, because he was trying to get away from the New York tabloid press.
When Durst donned a wig and dress to take the apartment in Galveston in November 2000, the district attorney in Westchester County, N.Y., had announced that her detectives were taking a new look at the 1982 disappearance of Kathleen Durst, Robert's first wife. Her body was never found, but friends say they fear the pretty, 29-year-old medical student met the same fate as Morris Black.
Jones spent most of Thursday identifying items seized from Durst's apartment, car and a hotel room he rented in Galveston after returning from New Orleans, where he had another apartment. In Durst's car, a silver Honda CRV, police found a .9mm handgun, ammunition, a 30-inch bow saw and other evidence.
Police seized almost 600 items of evidence all told, including the linoleum floor in Durst's apartment that had traces of blood and cuts made when Durst dismembered the body.
During a brief cross-examination, defense lawyer Michael Ramsey made a little speech in the form of a question to remind jurors that Durst is on trial for murder, not for carving up a dead body. Ramsey got Jones to concede that the central issue for jurors is whether Black's shooting was justified or an accident.
Jurors also got to look at a section of wall police carved out of Durst's apartment that showed evidence of high-velocity blood spatter.
The prosecution and defense both believe the spatter was caused when Morris Black was shot, but differ on how exactly that spatter landed where it did.
The trial resumes Monday. If convicted of murder, Durst faces life in prison.
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