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Robert Durst’s Least Plausible Legal Defenses

These are the lines of legal argument that are least likely to have The Jinx star found not guilty.

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Robert Durst is a millionaire real estate mogul accused of committing three murders. His story was the subject of HBO's true-crime series The Jinx and renewed interest in his crimes led Durst to be arrested on Sunday, March 15, just hours before the series finale aired.

Durst has a duty to defend himself in court. These are the legal defenses he should not try.

1. “I thought murder was legal.”

James Nielsen / Getty Images

Chance of Working: 1 Jinx (out of 5)

It's an age-old defense, but it's not likely to work for Durst because murder is the crime that is most obviously illegal.

2. “Every time I blink, it means I am telling the truth.”

HBO / Via wordpress.com

Chance of Working: 3 Jinxes

It may be unbelievable, but if Durst can convince jurors that his conspicuous facial tic indicates honesty instead of murderousness, he may be able to walk free.

3. "Think of all the people I didn’t murder!”

HBO / Via tvgoodness.com

Chance of Working: 2 Jinxes

It's true that murdering only three people out of a possible 7,000,000,000 is relatively statistically insignificant, but juries aren't likely to be swayed.

4. “I’m the closest the world has to a real-life Batman villain.”

HBO / Via rsvlts.com

Chance of Working: 4 Jinxes

If this defense strategy works, it will be because jury members know that when you put a Batman villain in jail, he'll only escape and commit more crimes.

5. "I promise not to murder more than five additional people."

Pat Sullivan / ASSOCIATED PRESS

Chance of Working: 2 Jinxes

In other murder cases this defense could work, but it's unlikely that Durst's jury will believe him.

6. “My murders were satire and therefore protected by the First Amendment.”

HBO / Via hitfix.com

Chance of Working: 3 Jinxes

If Durst can prove that he only committed his numerous heinous crimes to make a point about the nature of heinous crimes, he could walk free.

7. "I had a very bad childho— quick, look over there!" [Durst runs away]

HBO / Via nytimes.com

Chance of Working: 0 Jinxes

Durst is too old to run from the courtroom after distracting everyone.

8. "Who among us hasn't murdered three people?"

HBO / Via hollywoodreporter.com

Chance of Working: 2 Jinxes

Some jury members may be sympathetic to this argument, but it's common for murderers to be eliminated from juries during the selection process.

9. “I’m sorry. And isn’t that enough?”

Pat Sullivan / AP

Chance of Working: 5 Jinxes

Legally speaking, if a defendant says "I'm sorry" under oath, they cannot be punished for their crime.

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