A New York prosecutor will seek an indictment against the millionaire real estate heir Robert Durst for the death of his former wife, Kathie Durst, who disappeared in 1982, a person familiar with the matter said.

The Westchester district attorney, Mimi Rocah, will take the case to a grand jury in the next week or two, according to a source speaking on condition of anonymity. The grand jury process is expected to take about a month, the person said.

Kathie Durst’s disappearance was highlighted in The Jinx, an HBO documentary in which Robert Durst, 78, appeared to admit killing people. Last month Durst was convicted in California for murdering a confidante who prosecutors say helped him cover up Kathie Durst’s killing.

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The Westchester district attorney’s office has said it has reopened the investigation into Kathie Durst’s death. Durst’s lawyer, David Chesnoff, said: “I don’t respond to rumors.”

Robert Durst is jailed in Los Angeles and scheduled to be sentenced on 14 October for the killing of Susan Berman. His first-degree murder conviction carries a mandatory sentence of life without parole.

Durst is sick and frail. He sat throughout the trial in a wheelchair, spoke slowly and read lawyer’s questions from a tablet giving live transcriptions because he struggles with hearing.

LA prosecutors say Durst shot Berman at her home in December 2000 as she was preparing to tell police about her involvement in Kathie Durst’s death. She told friends she provided a phony alibi for Robert Durst, prosecutors said.

“He’s a narcissistic psychopath. He killed his wife and then he had to keep killing to cover it up,” deputy district attorney John Lewin said after Durst’s conviction.

Kathie Durst was 29 when she vanished on 31 January 1982. She and Robert Durst, who was 38 at the time, had been married nearly nine years and were living in South Salem, near the Connecticut border. Her body was never found. At the request of her family, she was declared legally dead in 2017.

Robert Durst claimed to police that on the night of her disappearance he put her on a train to New York City, had a drink with a neighbor, then spoke with Kathie Durst by phone while she stayed at their Manhattan apartment. They’d been fighting, he said. A few weeks before that, Kathie Durst went to the hospital with facial injuries she said were caused by Robert Durst.

In the 2015 HBO documentary The Jinx: The Life and Deaths of Robert Durst, he admitted he made up details about seeing his neighbor and talking to Kathie by phone, because he was “hoping that would just make everything go away”.

After filmmakers confronted Durst with evidence linking him to Berman’s killing, he muttered to himself on a live microphone: “Killed them all, of course.”

Robert Durst, who divorced Kathie Durst in 1990 citing abandonment, has never been charged in her disappearance. Authorities reopened the case in 1999, searching a lake and the couple’s home.

Durst fled to Galveston, Texas, where he was accused of killing a neighbor, Morris Black. Durst chopped up Black’s body and tossed it out to sea. Durst claimed self-defense and was acquitted. He was convicted of destroying evidence.

In his LA trial, Durst denied killing Kathie Durst. After her medical school called to report that she hadn’t been going to class, he said he figured she was “out someplace having fun”.

“It hadn’t occurred to me that anything had happened to her,” Durst testified. “It was more like: what had Kathie done to Kathie?”

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