'We are likely to be called as witnesses in any case law enforcement may decide to bring against Robert Durst.'
After this weekend’s arrest of Robert Durst and the bombshell finale of their HBO documentary The Jinx, director Andrew Jarecki and writer Marc Smerling are canceling interviews with the media, according to a statement to EW.
Jarecki and Smerling, who were slated to talk to EW on Monday, said in their statement:
“Given that we are likely to be called as witnesses in any case law enforcement may decide to bring against Robert Durst, it is not appropriate for us to comment further on these pending matters.”
The decision comes after the filmmakers spent the morning talking to several outlets about the case, including Good Morning America and The New York Times. A recurring theme during the interviews is the somewhat murky timeline of events surrounding Durst’s arrest in New Orleans on Saturday and its relation to the evidence discovered in The Jinx‘s final two episodes.
In one interview with CBS This Morning, Jarecki said an editor discovered the bathroom audio—in which Durst mutters “killed them all,” among other things—”many months” after his second interview with Durst, which supposedly took place in 2012; the Times had reported that two years passed until the audio was discovered. When pressed in a follow-up interview with the Times, Jarecki said that the audio was discovered June 12, 2014. He went on to say that the filmmakers presented the audio to law enforcement “many months” ago.
The other issue is when the second interview took place, since the documentary suggests that Durst’s 2013 arrest for trespassing had already occured before the interview. When asked by the Times whether Jarecki’s second interview was actually conducted in 2013 rather than in 2012, Jerecki said to Smerling, “If we’re going to talk about the timeline, we should actually sit in front of the timeline. So that’s my suggestion.” He concluded, “I think I’ve got to get back to you with a proper timeline.”
Jarecki and Smerling also mentioned that they knew Durst had been upset by episode 5, in which they discover a seemingly incriminating letter that Durst had written to Susan Berman. “We knew that Bob had been upset,” Jarecki says. “We had reached to law enforcement to try and get color about when they planned to arrest him. … We heard through a friend of his that we was in a kind of dejected state and he was angry.”
“I think we can go a little further,” Smerling said. “We heard that he was sort of preparing to go on the run. Everyone’s making the timing of the arrest like we had some sort of control over it. But because law enforcement had the information that we had, they knew when Episode 6 came out, there was going to be a real chance that Bob would go on the run. I think that’s what really drove the timing for them, because they weren’t telling us anything.” Jarecki also said that law enforcement had “seen everything that was in the episode” beforehand.
Jarecki added that they haven’t put the documentary completely to bed yet, telling the Times, “We’re still in filmmaking mode, the way we always are.”