In the defense's motion, Durst's attorneys say a criminal trial is “mentally, physically and emotionally draining.”
“It is grueling for a healthy individual, let alone a 78-year-old man with serious health conditions, including bladder cancer, prior esophageal cancer, malnutrition, coronary artery disease with drug eluting stents, atrial fibrillation and chronic kidney disease,” attorneys Dick DeGuerin, David Z. Chesnoff, Chip B. Lewis and Donald M. Re wrote in the filing. “Here, if Mr. Durst is forced to undergo the rigors of trial (and trial preparation), he faces serious risks to his health, and possibly to his life.”
The defense attorneys – who have repeatedly asked for a mistrial – wrote in the motion that Durst is incarcerated with “extremely limited medical care” and that medical records show that his condition has worsened.