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BGD Criminal Defense Attorney Discusses Recent Developments in Evidentiary Standards for Recordings


BGD criminal defense attorney K. Michael Gaerte and co-author James J. Bell recently discussed the “mic’d up” recording of Robert Durst and its admissibility as evidence in his murder trial in their recurring “Inside the Criminal Case” Indiana Lawyer column.  They believe that Durst’s recorded confession should be admitted in his case, but will likely not be sufficient to convict him without independent evidence of the crime.

The recording in question was obtained through an HBO production which had “mic’d” up Durst. While in the restroom, he came to some sort of epiphany which led him to admit to the murder aloud, to himself..

Gaerte and Bell argue that the recording is admissible evidence for three reasons:

  1. It does not violate the Indiana or U.S. Constitution;
  2. It does not violate the Indiana Rules of Evidence; and
  3. The confession alone cannot convict him of the crime.

For more, please read “Inside the Criminal Case: The admissibility of Robert Durst’s confession” on the Indiana Lawyer website.

To learn  more about K. Michael Gaerte and his practice, please visit his profile.


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