In the penultimate episode of Season 1, David Chesnoff takes over the defense team's opening statement and establishes his mantra for the day: "No evidence is evidence." By this he suggests that the jurors should lean into their desire for forensic evidence in assessing Robert Durst's culpability, and if they find such evidence lacking, they should consider that to be evidence in and of itself. Chesnoff then tries to pick apart portions of the prosecution's narrative of what happened to Kathie Durst and Susan Berman. He suggests to the jurors that there is an absence of forensic evidence to prove the case against Robert Durst beyond a reasonable doubt.
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