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Robert Durst's Louisiana Gun Charges Dropped, But Federal Case Remains

NEW ORLEANS (CBSNewYork/AP) -- Louisiana gun charges against New York real estate heir Robert Durst were dismissed Thursday, clearing the way for federal proceedings in New Orleans in a similar case.

Durst, a millionaire who also faces a murder charge in an unrelated California case, remains jailed without bond in Louisiana. Durst was arrested at a New Orleans hotel in March. Authorities said he had a gun and marijuana in his room.

Durst's arrest came on the same day the finale aired of "The Jinx," an HBO documentary about Durst, the disappearance of his Westchester County wife in 1982, writer-friend Susan Berman's death and the death and dismemberment of a neighbor in Texas in 2001.

Durst was tried only for the Texas killing, but he was acquitted of murder after successfully arguing he killed his neighbor in self-defense.

He is charged in Los Angeles with first-degree murder in Berman's death. His attorneys say he is eager to return to California to fight the charge.

In the series finale of "The Jinx," Durst was asked about similarities in handwriting in a letter he wrote and another linked to the Berman killing. Later, filmmakers said Durst wore his microphone into the bathroom.

Durst was recorded saying — apparently to himself — "There it is, you're caught" and, "What the hell did I do? Killed them all, of course."

Defense attorney Dick DeGuerin said state and federal prosecutors had been discussing the possibility of the Louisiana gun case being dismissed. He said he was pleased with that decision.

"It makes sense to try this case in federal court because FBI agents arrested Mr. Durst, and there shouldn't be two prosecutions, state and federal, at the same time for the same crime. We're looking forward to our day in court," DeGuerin said in an email.

Records at the state courthouse in New Orleans confirmed the decision not to prosecute. "The District Attorney did reserve the right to look at the case again upon its conclusion in federal court," Christopher Bowman, a spokesman for District Attorney Leon Cannizzaro said in a telephone interview.

State and federal prosecutors in New Orleans have been stressing their close working relationship over the past several years, particularly in anti-drug and anti-gang efforts. Separate, simultaneous prosecutions of similar crimes in each jurisdiction are rare.

Durst had faced state charges of possessing a handgun with drugs and illegal possession of a handgun by a felon. The charge in the federal indictment says Durst violated the federal gun-control act because he was in possession of a firearm after being convicted of earlier felonies.

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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