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Skakel attorney asks for dismissal
STAMFORD, Connecticut (CNN) -- Attorneys for Michael Skakel argued Wednesday that murder case against the Kennedy cousin should be dismissed because the statute of limitation has expired. Skakel is charged with the October 1975 murder of Martha Moxley, his neighbor in Greenwich, Connecticut. Both were 15 years old at the time. Defense attorney David Gruberg argued that at the time of the killing, Connecticut had a five-year statute of limitations for all cases that would not be punishable by death. Skakel was not charged with capital murder. Prosecutor Jonathan Benedict argued against dismissal, saying "murder is murder." In a series of separate motions, Judge John Kavanewsky gave prosecutors 45 days to produce information that he said the defense is entitled to see. Kavanewsky denied a defense motion to see videotapes and reports from a polygraph test conducted on Kenneth Littleton, a former live-in tutor for Michael Skakel and his brother Tommy.
Skakel attorney Michael Sherman said Littleton failed the test three times. Kavanewsky also denied the prosecution's request for a gag order in the case, but instructed attorneys on both sides to adhere to professional standards of conduct. The Associated Press reported that Sherman said he would provide a formal alibi for Skakel within 20 days. Skakel, 40, is the nephew of Ethel Kennedy, the widow of the late Sen. Robert Kennedy. He was charged with killing Moxley on January 14, 2000 and was released on $500,000 bond. Prosecutors said she was beaten to death with a golf club that matched a set that belonged to the Skakels. Skakel has testified he had been with Moxley and others, but said he blacked out before she was killed. Gregory Coleman, a witness who said Skakel admitted to killing a girl, died last week of a drug overdose. Coleman had testified that Skakel said he could get away with murder "because I'm a Kennedy." Coleman admitted that drugs had clouded his memory and that he was under the influence of heroin during his grand jury testimony. -- CNN Correspondent Brian Palmer contributed to this report. |
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