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Los Angeles County Superior Court Judge Mark Windham also ruled permissible statements by Kathleen McCormack Durst, prosecutors said in a new release.
Durst has had a long history of Berman's death or his wife's disappearance. CNN reaches out for its attorneys for comment.
His first wife's body was never found. No one has been in this case.
HBO documentary brought notoriety
In 2003, Durst told police he killed and dismembered a neighbor in Galveston, Texas, in 2001. He said he was going to be killed in the United States. Prosecutors said he wanted to steal the man's identity and escape the investigation of his wife's disappearance.
He was acquitted.
In 2015, HBO focused on Durst in a documentary called "The Jinx."
At the end, he's overheard we've got a microphone he actually did not realize was on.
Durst, who was arrested in Berman 's death that year, is scheduled for an arraignment on November 8.
If convicted, he could be sentenced to life in prison
CNN's Cheri Mossburg, Sarah Moon, and Susannah Cullinane contributed to this report.
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