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Skakel attorneys take first steps toward appeal of murder conviction

Michael Skakel

STAMFORD, Connecticut (CNN) -- Attorneys for Kennedy cousin Michael Skakel took the first step Wednesday in their promised appeal of his murder conviction, filing a motion asking for a new trial.

Defense attorney Mickey Sherman also filed two other routine post-trial motions in Stamford Superior Court -- one to set aside the guilty verdict and one for a judgment of acquittal.

Skakel, 41, was found guilty Friday of beating his neighbor, Martha Moxley, to death with a golf club in 1975, when they were both 15 years old.

On the motion for a new trial, Sherman cited several grounds, including the decision to include past testimony of a deceased witness, Gregory Coleman, as well as the prosecution's introduction of the victim's diary. The defense claims that the use of the diary passages was prejudicial.

Skakel is being held at Garner Correctional Institution in Newtown, Connecticut. Skakel, a nephew of Ethel Kennedy, faces 10 years to life in prison when he is sentenced July 19.

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Sherman said after the sentencing he planned to appeal on several grounds. One of the prosecutors, Deputy State's Attorney Christopher Morano, told CNN, "I don't see any trial issue that will be a successful appellate issue."

An appeal is currently pending on the decision by Juvenile Court Judge Maureen Dennis to transfer the case from juvenile to adult court.

The Connecticut State Supreme court withheld decision on the transfer appeal until after trial. It is expected to rule on the issue after Skakel's sentencing.

Before trial, Skakel's attorneys filed to dismiss the case, arguing that in 1975, a five-year statute of limitations applied to murder cases except those that could result in the death penalty.

That law was repealed in 1976 to eliminate time limits for prosecuting serious crimes, including murder.

Superior Court Judge John Kavanewsky denied the motion to dismiss. Skakel's attorney's are expected to appeal that decision.

A pre-sentencing investigation report commissioned by the probation department will recommend the number of years Michael Skakel should spend in prison.

Sherman said he attended a party Tuesday night for author Dominick Dunne, who has often accused the Skakel family of covering up Michael Skakel's involvement in the murder.

Sherman said he took the opportunity to meet three jurors in the case and ask them why they voted to convict. The jurors said they did not find Skakel's cousin and two brothers credible when they testified that he was with them at the presumed time of Moxley's murder.

"They thought every Skakel lied," Sherman said. "They bought the conspiracy theory that he never went" to his cousin's house.

Sherman said they were also swayed by the words of noted forensic scientist Henry Lee, who testified that although there was no direct evidence linking Skakel to the crime, there was "indirect evidence." In court, however, Lee never elaborated on what that indirect evidence was.