Kennedy Cousin Loses Bid For New Trial

NO NEW TRIAL FOR SKAKEL IN MOXLEY MURDER CASE 

Almost 32 years to the day after the murder of Martha Moxley, a Superior Court judge has denied Michael Skakel’s appeal for a new trial.

In his ruling Thursday at Superior Court in Stamford, Judge Edward R. Karazin Jr. ruled that there was “no truly new or credible evidence” to upset a jury’s verdict five years ago that Skakel was guilty of 15 year-old Moxley’s murder.

Skakel, who was also 15 when the crime occurred, lived across the street from the Moxley house where Martha’s body was found beneath a tree on Halloween day, 1975. She had been killed about 10 p.m. the previous night, brutally beaten to death with a golf club.

Gitano “Tony” Bryant, cousin of Kobe Bryant and one of Skakel’s former classmates, claimed in 2003 that his two friends told him just days after the murder that they had assaulted Martha “caveman style.” He said he remained silent for 28 years for fear of being implicated in the murder himself.

Judge Karazin didn’t buy it, but his ruling is by no means the final chapter of the Michael Skakel case.

JUSTICE DELAYED OR JUSTICE DENIED?

Skakel, now 47, is serving a 20-years-to-life sentence. Moxley’s murder remained unsolved for nearly a quarter-century until a grand jury investigation led to Skakel’s arrest in 2000, at age 39. His new lawyers, Hope Seeley and Hubert Santos, assert the crime is still unsolved.

“We maintain that Mr. Skakel was wrongly convicted and that, if a jury had heard all of the evidence, he would never have been convicted,” Seeley said Thursday. “We intend to pursue all legal avenues possible, including appealing this decision, filing a federal writ of habeas corpus raising constitutional issues, as well as a state habeas petition addressing the ineffective assistance of counsel.”

Karazin’s ruling helped Skakel in one way: It bolsters his claim that his trial lawyer, Michael “Mickey” Sherman, failed him miserably.

The 36-page ruling characterizes much of the evidence that Santos and Seeley presented during the April hearing on Skakel’s civil petition for a new trial as material that Sherman should have been able to obtain either before Skakel’s 2002 trial or during it. That evidence includes a sketch of an unfamiliar man seen walking in Belle Haven the night of the murder and detailed police profile reports of suspects Kenneth Littleton – a new tutor hired by the Skakel family – and Thomas Skakel, Michael’s older brother. It also includes the whereabouts of three Elan School classmates of Michael Skakel’s who might have been able to discredit a key prosecution witness.

“All three of these witnesses could have been found prior to trial by the same methods employed to find them after trial,” Karazin wrote. His ruling underscores that Sherman did not use “due diligence” in locating witnesses and demanding evidence.

Robert F. Kennedy Jr. with Mickey Sherman

(PHOTO CAPTION: Douglas Kennedy (left), RFK Jr., and Mickey Sherman during Michael Skakel’s 2002 trial for the murder of Martha Moxley.) 

Robert F. Kennedy Jr. has been the most outspoken member of the Kennedy family about this case, proclaiming his cousin’s innocence at every opportunity. In a 2003 article he wrote for the Atlantic (“A Miscarriage of Justice”), Kennedy called the Skakel trial a “media lynching,” and presented a convincing argument for Skakel’s innocence, reminding readers that the prosecution had no fingerprints, no DNA, and no witnesses.

“IF HE WERE GUILTY, I WOULD HAVE TESTIFIED AGAINST HIM. BUT HE IS NOT.” — BOBBY KENNEDY, JR.

RFK Jr. visited Skakel in prison, attended the trial, and has spent the years since gathering potential evidence to clear his cousin’s name. “Many people asked me why I would publicly defend him—a cause unlikely to enhance my own credibility.” Kennedy said in The Atlantic article. “I support him not out of misguided family loyalty but because I am certain he is innocent.”

At the televised retrial hearing back in April, Robert F. Kennedy Jr. testified that he wasn’t always close to his cousin by marriage, but he said he felt obligated to come forward with information given to him by Tony Bryant which implicates other people in the murder. 

Kennedy had put Skakel’s attorneys in touch with Bryant, the one-time classmate who implicated two friends in the crime.

“I knew that Michael was innocent. I knew he’d been wrongly convicted,” Kennedy said. “Although my relationship with him was a troubled one, I knew that an innocent man was in prison, and I knew facts that had not been part of the trial and they were not part of the public debate.”

Bobby’s mother Ethel Kennedy (Skakel’s aunt) sat in the front row of the courtroom.

The defense played a tape of a conversation between Bobby Kennedy Jr. and Bryant about the two men Bryant implicated, Adolph Hasbrouck and Burt Tinsley.

“They need to interview and focus on this guy Adolph because he said some very, very, very, very damaging statements that, I mean, just blew me away,” Bryant told Kennedy, according to a transcript of the conversation.

With several potential other suspects in the crime still walking free, Michael Skakel will probably spend the rest of his days behind bars for a murder many believe he did not commit.

After the judge’s ruling came down Thursday denying Skakel a new trial, one website devoted to convincing the public that Skakel was railroaded went dark in protest of the decision. The webmaster of Skakel.org posted the following statement: 

Due to a tragedy in the CT “justice” system, this site has been temporarily disabled in a programmed moment of silence.

Our thoughts and prayers go out to Michael Skakel (whom we also believe is innocent), as well as the Kennedy, Skakel, and Moxley families. We refuse to lose hope that the REAL killer (s) will be found, tried and convicted, and that one day, there will truly be justice for Martha.

And justice for Michael, too.

Copyright 2007 by RFKin2008.com. All Rights Reserved.

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6 Comments

Filed under media, RFK Jr., robert kennedy jr., senator robert kennedy, the kennedys, Uncategorized

6 responses to “Kennedy Cousin Loses Bid For New Trial

  1. I think Michael Skakel is probably innocent of this crime. A NEGROID hair was found but nothing from Michael Skakel was found. The State of Connecticut has refused to do a DNA test. They just want to protect their conviction and it is really sad and scary too.

    Bobby Kennedy did a great thing by writing that article, assuming Michael is innocent, but he needs to write a BOOK now to overtake the Marx-like effect Fuhrman’s book had on hundreds of thousands of people, including the Moxleys, who continue to refuse to take an unbiased look at the case.

    But I guess if he becomes president, he could pardon Michael Skakel too so I’m ok with that. I don’t get why they can’t do a DNA test against Tony Bryant and Adolph Hasbrouck. Very sad indeed.

  2. Bobby should write a book called “Innocent” or “Wrongully Convicted” or something like that.

    Like:
    Wrongfully
    Convicted

    by Robert F. Kennedy Jr.

    Most of it could be about Michael Skakel, but the official theme would be the atrocities committed by the Executive branch in Connecticut persecuting innocent people and how the Justice System is severely flawed there.

  3. Chrisy

    I read the article the RFK jr wrote and I thought it brought up some very good food for thought. After reading that article and really thinking about it, I think that justice was not done.

    I feel sorry for both as both Michael Skakel and the beautiful young girl who was murdered have had their once promising lives ruined.

    Is there any more appeals left or is it to late for justice to be done?

  4. Theoretically, they have a couple/few appeals they can do, but I think his best chance is gone, unless Bobby writes a book (or Hope gets the FBI to arrest all the scumbags on this case).

    Speaking of books, Vito just wrote a book, which I’m interested in reading. (I’m sure the Kennedy name would sell 100 times more copies, but a book by Vito is a good stand – kind of like Dumas vs. Fuhrman)

  5. Lucas

    Y’know, I used to think Skakel was guilty, because I took what the media was telling me at face value, and from the legal “experts” point of view, he LOOKED guilty.

    But after doing some research on my own, checking out some independent media reporting and reading Mr. Kennedy’s article, the pendulum has swung the other way. Now I honestly think the guy was railroaded.

    I know the wheels of justice turn slow – Skakel has been in prison now for almost 6 years – but isn’t there something that can be done to speed this along? Is he going to have to sit behind bars for 30 more years until the DNA test results are finally ordered and prove him innocent? He’ll be an old man by then!

    Why won’t the state allow DNA tests? What are they hiding? If they are so sure they convicted the right guy, then why should they have a problem with DNA tests?

    Something is rotten in Denmark here…

  6. Kevin

    It is truly unfortunate that we as a nation once rallied around our local baseball teams, following them with our attention and interest as they strove for the pennant, only to now obsess over the weekly media trial of the century. We’ve unevolved into a pandered to group of mindless beings to whom the facts and justice are laid to the side as the Nancy Graces’, Dominick Dunnes’ and Mark Furmans’ of the world conjure speculation into evididence.

    How sad it is that an admitted perjurer like Mark Furman can once again steal justice like he has in this case. What have we as a nation wrought on ourselves?

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