Lawyers for the eccentric millionaire want his Louisiana charges dropped so he can fight a much bigger murder case in California

By K.C. Baker
April 07, 2015 08:50 PM

His lawyers want him extradited to California, but for now, Robert Durst is still stuck in a Louisiana jail.

Since March 14, the eccentric millionaire who was the focus of the explosive HBO docuseries The Jinx has been held without bond in a medical unit at Elayn Hunt Correctional Center in St. Gabriel, Louisiana, about 70 miles from New Orleans.

Lawyers for the 71-year-old are fighting to have drug and weapons charges thrown out of court in Louisiana so he can be released for extradition to California to face a murder charge in the 2000 execution-style death of his longtime friend, Susan Berman.

Though Durst and some of his lawyers appeared briefly in Orleans Criminal District Court in New Orleans on Tuesday, District Court Magistrate Harry Cantrell Jr. decided to continue the case until Thursday.

“We want to get to trial in California, where the most serious of the charges are and we’re concerned about all the delay in New Orleans,” Durst’s attorney Dick Deguerin told PEOPLE last month.

On Friday, Durst’s defense team filed a motion, obtained by PEOPLE, asking the court to rule that there was no probable cause for authorities to pursue charges in Louisiana and that he should be released for extradition to California.

In the motion, his lawyers argued that at a preliminary hearing the day before,”the State called no witnesses and simply filed an unauthenticated copy of the arrest warrant.

“The State’s decision to call no witnesses,” the motion continued, “is a misguided attempt to conceal the facts from the court, the defendant, and the public.

“Since the State has not even attempted to meet this burden, this Court should enter a finding of no probable cause and put an end to these tortured proceedings.”

At Thursday’s probable cause hearing, Durst’s lawyers had subpoenaed two FBI agents and a state trooper from the FBI’s New Orleans Violent Crimes Task Force who had arrested him on March 14, according to a subpoena PEOPLE has obtained.

The two agents and the officer did not show up in court on Thursday

But federal prosecutors are arguing that the subpoenas should be moved to federal court. In a Monday federal court filing obtained by PEOPLE, assistant U.S. attorney Peter Mansfield argued that the subpoenas should be moved to federal court because they “are actions against them in their official capacities for the purpose of obtaining testimony, information and material maintained under color of their official duties.”

Mansfield said that the FBI agents and the officer did not receive approval from the U.S. Attorney’s office to testify in court.

On Thursday, Cantrell will hear why the FBI agents did not appear in court.

Many believe that the HBO docuseries sparked new interest in Durst – especially among law enforcement.

While HBO has told CNN and other outlets that it trusts its producers, Deguerin has spoken openly about how the producers of The Jinx “were setting out to trap him,” as he told PEOPLE last month.

“He did not take his lawyer’s advice, which was not to do the interview at all because of the likelihood that they would trick him and I think he’s regretting that he did not take his lawyer’s advice,” he said.”

Lawyers for Durst did not return calls for comment. A spokeswoman for Mansfield had no comment.

Want to keep up with the latest crime coverage? Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter.