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Skakel defense denies polygraph report; 11th juror picked

Michael Skakel

NORWALK, Connecticut (CNN) -- The lawyer for Kennedy cousin Michael Skakel Wednesday denied a published report that the Skakel family once canceled a lie detector test that Greenwich police had planned to give Michael about the 1975 murder of Martha Moxley.

Moxley was 15 years old when she was found beaten to death with a golf club on the front lawn of her Greenwich home October 30, 1975. Police traced the club to a set owned by the Skakels.

The Stamford Advocate newspaper reported this week that Frank Garr, who took over as chief investigator in the Moxley case in 1991, discovered among the files a note written on a napkin saying Michael Skakel's polygraph test had been canceled.

Garr knew that Michael's brother, Tommy, and the Skakel's live-in tutor, Ken Littleton, had taken polygraphs. A source close to the investigation confirmed Garr had found the note, but said Garr was unable to find out why Michael's test had been canceled because by that time, the Skakel family was refusing to speak to investigators.

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"I do not believe Inspector Garr's account was accurate," defense attorney Mickey Sherman said at a court session Wednesday. "The allegation in the article that Michael Skakel's father or Michael Skakel canceled a polygraph was just not true."

Sherman would not say whether a polygraph had ever been scheduled for Michael.

Garr would not respond to Sherman's comment on the polygraph issue, telling CNN, "He has a right to his opinion."

Sherman's accusation came during questioning of a potential juror who had admitted reading the article. Even though the man said he thought he could still be a fair juror, Sherman used a peremptory challenge to reject him for the case.

An 11th juror was chosen Wednesday. The man, a father of two young children who runs a nationwide driver training company, said he would be decisive in his deliberations on a verdict.

"Are you someone who sticks to your guns?" Sherman asked him. "You wouldn't cave in?"

"Absolutely not," the juror said.

The final juror and four alternates must be selected before testimony begins May 7.

In a separate development Wednesday, State's Attorney Jonathan Benedict filed a counter-motion with Norwalk Superior Court Judge John Kavanewsky claiming the prosecution had already made full disclosure of evidence to the defense. Sherman had filed a motion Tuesday asking for all the results of all psychological interviews and forensic tests which might link Littleton to the murder.