Some of the The Jinx's key evidence may not be admissible in the actual case against Robert Durst

Viewers of HBO's true crime documentary series The Jinx may walk away from last night's series finale convinced that Robert Durst is guilty of several murders — but for prosecutors, who arrested Durst in connection with a murder investigation on Saturday night, the HBO series may turn out to be a headache. The popularity of The Jinx and its myriad revelations raises complicated questions about which aspects, if any, can be used in an actual case against Durst.

As the Los Angeles Times notes, several seemingly key pieces of evidence originate in the HBO series: the damning similarities between a letter written by Durst and an anonymous letter sent to police about a murder, and Durst's off-camera reference to having "killed them all, of course." Both revelations were eventually shared with law enforcement officials.

Legal experts are divided on whether or not the evidence obtained by the filmmaking team will be admissible in court. The New York Times says some analysts believe that Durst's bathroom confession, which was whispered alone to himself while wearing a microphone, could be deemed inadmissible because he had a reasonable expectation of privacy at the time. Daniel C. Richman, a professor and former federal prosecutor, counters that he believes the tape could be admissible as long as prosecutors could prove "the tape wasn't tampered with."

The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE

Sign up for The Week's Free Newsletters

Join more than 350,000 subscribers and keep yourself informed with a selection of The Week’s most interesting, enlightening and entertaining stories - plus daily puzzles.

Join more than 350,000 subscribers and keep yourself informed with a selection of The Week’s most interesting, enlightening and entertaining stories - plus daily puzzles.

Sign up