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Moxley's mother testifies as Skakel trial begins
NORWALK, Connecticut (CNN) -- The murder trial of Kennedy cousin Michael Skakel got under way Tuesday morning with opening arguments, testimony by the slain girl's mother and a defense motion to exclude passages from the girl's diary. Skakel, 41, is charged with murder in the 1975 slaying of 15-year-old Martha Moxley. If convicted, he could face anywhere from 10 years to life in prison. Defense attorney Mickey Sherman argued that the diary is not relevant to the proceeding and "is put there for sympathy." But the prosecution sought to put the diary into evidence, contending it is the most "direct and honest" look into the victim's feelings at the time. "Ms. Moxley is dead and cannot come forward and testify," a prosecutor said.
Several passages written in September and October 1975 -- the days immediately proceeding her death -- describe her relationship with her neighbors Michael Skakel and his brother, Tommy. The judge called a recess to take a look at the entries. Skakel looked agitated; two of his attorneys reached out to put their hands on the defendant's shoulder. During Tuesday morning's proceedings, prosecutors beamed a smiling picture of the dead girl onto a large screen in the front of the courtroom. As expected, the girl's mother, Dorthy Moxley, was among the state's first witnesses, testifying about the night her daughter died. She said that about 10 p.m. October 30, 1975, she heard voices and a lot of commotion on the side of her house. Moxley said she went to a window and turned on a porch light but couldn't see anyone. Fearing that whoever was outside might see Martha's new 10-speed bicycle, Moxley turned the light off. The 26-year-old case is complicated by several factors, including confessions allegedly made by Skakel -- which his attorney strongly rejects.
"It is false, it is B.S. I can't be any more specific," Sherman said in an interview with CNN's Paula Zahn from the Norwalk courthouse steps before the trial began. Among those to whom Skakel allegedly confessed were at least four people at the Elan School, a Maine substance abuse center, where he was sent in 1978. He also is reported to have confessed to Michael Kennedy, now deceased. "I'm asking the jury to evaluate what people said in the context of when they said it. ... Usually the truth comes out, and you find some semblance of justice," Sherman said. A former tutor who lived in the Skakel household on the day of the killing also is alleged to have made some sort of confession, saying he might have done it during a blackout. Prosecutors have granted full immunity to ex-tutor Ken Littleton, who is expected to testify early in the trial. Among the other complications in the case are the deaths of key figures, missing evidence and a disagreement over the time of death. Skakel's attorney said there also are problems because the slaying happened so long ago, saying that witnesses have difficulty remembering or that their memories have been contaminated by books or television programs about the crime. Two new twists may highlight the trial: For the first time, a jury may hear Skakel's voice on tape describing his sexual attraction to the slain girl; and Tommy Skakel, once a chief suspect, may testify about his actions the night of the killing. He has never testified under oath about the case. Moxley was found bludgeoned to death with a golf club October 31, 1975, outside her home in affluent Greenwich, Connecticut. Though pieces of the club, including the head, were found in the vicinity of the body, the part of the handle that would tie the club to a set belonging to the Skakels has never been found. Michael Skakel, then 15, and Tommy, 17, had gone to dinner the night before at the local country club and then returned home, where they met up with Martha and a group of friends. It was "Devil's Night," when many neighborhood teens play pranks and stay out late. According to police reports, Tommy was the last person seen with Martha -- at about 9:30 p.m. The prosecution said the crime occurred between 9:30 p.m. and 5 a.m. The defense said it took place at 10 p.m. After the body was discovered around 12:30 p.m. the next day, police found a set of rare Tony Penna golf clubs, similar to the type used to beat Martha to death. The 6-iron, which police now consider the murder weapon, was missing. No formal search of the Skakel home was ever conducted by the police, and the state medical examiner at the time, Elliott Gross, did not examine the body until November 1. Critics of the way the Greenwich Police Department handled the case cite the delay for uncertainty about the time of death. Steve Carroll, an original detective in the case who died this year, had said he believed the Greenwich police were intimidated by the Skakel family name. Michael Skakel's father, Rushton, is the brother of Ethel Kennedy, the widow of Robert Kennedy, the U.S. senator and former U.S. attorney general. Tommy Skakel remained a suspect for years until Michael was charged in January 2000. A key development came in November 1995 when a report commissioned by the Skakel family from a private detective firm was leaked to Newsday reporter Leonard Levitt. The report said Michael and Tommy Skakel admitted lying to police about their actions the night Moxley died. Michael also made revelations that put him at the crime scene. Michael Skakel, who has pleaded innocent in the slaying, also may have complicated his own defense in 1997 by collaborating on a book proposal with ghostwriter Richard Hoffman called "Dead Man Talking: A Kennedy Cousin Comes Clean." In the proposal, Skakel admitted to using alcohol and marijuana on the night Moxley was killed and said he was sexually attracted to her. "I wanted to kiss her. I wanted her to be my girlfriend, but I was going slow, being careful," Skakel said in the draft proposal. "The truth is that with Martha I felt a little shy. I thought that maybe if we spent the evening together at my cousin's something romantic might develop between us." -- CNN Correspondent Deborah Feyerick and CNN Producer Ronni Berke contributed to this report |
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