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American Morning

Kennedy Cousin, Accused Murderer Skakel Has Alibi

Aired May 10, 2002 - 08:14   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
PAULA ZAHN, CNN ANCHOR: The trial of Kennedy cousin Michael Skakel, did Michael Skakel murder his teenage neighbor Martha Moxley in 1975? Well, Skakel's attorneys claim that when Moxley was killed, he was somewhere else, with the witnesses to prove it. And in court yesterday, prosecutors took direct aim at that claim.

Here's CNN's Deborah Feyerick.

(BEGIN VIDEOTAPE)

DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): Michael Skakel has an alibi explaining where he was when Martha Moxley was killed. It's an alibi that puts him in a car with two of his brothers driving a cousin home. But a prosecution witness -- a friend of sister Julie Skakel -- was at their home that night, and she testified she's positive she saw Michael inside shortly after that car pulled out of the family's driveway.

Andrea Renna said she was stunned to first read a book in the late 90s that described Michael as having been in the car. In her words, saying, "It was counter to what I knew was the case." Skakel's lawyer pressed her on why she didn't immediately go to police if she knew the story was wrong. Renna answered, "It's just a book."

A friend of Martha's also at the Skakel's that night testified she couldn't absolutely remember whether Michael Skakel was in the car when it pulled away. What the friend said she'll never forget: her dog standing frozen in the road facing the Moxley home across the street. He was barking; what she described as a scared, violent bark around the time Martha may have been killed. It's about the same time a third witness testified Michael's brother Tommy was home watching "French Connection."

Former Skakel tutor Ken Littleton takes seven drugs to treat bipolar disorder. He was long considered a suspect. Skakel's lawyer says Littleton made incriminating statements about the murder to his ex-wife.

EUGENE RICCO, KEN LITTLETON'S ATTORNEY: I do not think when taken in the proper context that is by any stretch of the imagination a confession.

FEYERICK: Skakel's lawyer hopes to create reasonable doubt by showing police 1975 considered Littleton a hot suspect. MICKEY SHERMAN, SKAKEL'S ATTORNEY: Any evidence that may tend to show that not only did Michael Skakel not commit this crime but perhaps someone else did

(END VIDEOTAPE)

FEYERICK: The defense will cross-examine Ken Littleton on Monday. The jury today has the day off, as the judge decides whether to allow details of psychiatric exams of Ken Littleton and also wiretaps of conversations he had with his ex-wife -- Paula.

ZAHN: Deborah, what's the reputation of this judge? What are the attorneys speculating he might allow?

FEYERICK: The judge has a very good reputation. He's very well respected in the legal community here in Connecticut. He has been very fair. He's not leaning towards one side or the other. There is a very high chance that he will allow both the wiretaps in as well as the videotape of the psychiatric exam. It depends on what the information is that's contained therein because, really, even as Skakel's lawyer says that this is a confession, when you listen to it in its entirety, it really does not amount to any sort of confession whatsoever.

ZAHN: Interesting. All right, Deborah Feyerick, we'll be counting on you to continue to track that from Connecticut side. Thanks so much.

And for more now on the Michael Skakel murder trial, we turn to CNN legal analyst Jeffrey Toobin -- good morning.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Paula.

ZAHN: So let's start off with the testimony of Andrea Renna, friend of the Skakels. How important was it what she had to say yesterday?

TOOBIN: Well, what's interesting is we're starting to get a picture of what happened that night. October 30, they called it Mischief Night, about 10 kids gathered at the house of, at the Skakel house. At some point, some people left. And the question is who left before the murders?

The jury got really two different stories of that. Andrea Renna said Skakel did not leave, Michael Skakel did not leave. He was there when his cousin, Terrien, left. He -- Michael Skakel was not...

ZAHN: He was not in the car.

TOOBIN: ... in the car, did not leave. The other witness, Helen Fitzpatrick, said well, I think, but I'm not sure, I think Michael did leave. The issue here is very important because Mickey Sherman in his opening statement was very emphatic. Michael Skakel has an alibi. He wasn't there. He was on the other side of town. So he's committed to the jury to proving that Michael Skakel was gone.

ZAHN: Well, what does he have here, half an alibi?

TOOBIN: Well, we haven't heard from all the witnesses.

ZAHN: Sure.

TOOBIN: Several more of those people are going to testify so -- but, you know, this gathering at the Skakel house and who stayed and who left, that's going to be a big theme of the testimony. But yesterday, I mean it's, you have to say, the prosecution had a very strong witness, Andrea Renna, saying no, Skakel did not leave.

ZAHN: Let's move on to the testimony of Ken Littleton, who the Skakel team has sometimes indicated was responsible for the murder. He was a live-in tutor who actually joined the Skakel family that night.

TOOBIN: That very day.

ZAHN: What did he testify to yesterday that helps us better understand the strategy the prosecution is going to use here?

TOOBIN: Very important testimony for two reasons. Because he says that he and Tommy Skakel were both watching the "French Connection" on TV essentially when the murders happened, because he also testifies that that was around the time when there was all the barking dogs, all the chaos that several witnesses have testified to. And I think it's pretty much acknowledged that whenever this dog barking happened, that's when the murder took place.

So he not only takes care of his own whereabouts, you know, Littleton himself, who's been a suspect, but he says he was with Tommy Skakel, because that's another person who was a potential suspect. So if the jury believes that Littleton is telling the truth about watching the movie with Tommy, very helpful for the prosecution.

ZAHN: What might cut, ultimately, Littleton's effectiveness is what is allowed in the courtroom. Now, what exists? There are phone tapped conversations that Ken Littleton had with his ex-wife...

TOOBIN: Right.

ZAHN: ... that the judge may allow?

TOOBIN: Just a bizarre set of circumstances, where prosecutors went to the ex-wife and essentially said come on, try to get some admissions out of him. And they taped this long rambling phone call, which may or may not be a confession. My guess is, when you have a situation like this, the judges tend to say look, I can't decide how significant this testimony is. Let's let the jury decide. Let's let the jury hear it and if they think it's a confession, fine. If they think it's irrelevant, fine. But it's not for me to say what, rule it in or rule it out. So I think after today's hearing on Monday it's likely the jury will be able to hear it.

ZAHN: And all the press, somehow the press got its hands on parts of the Moxley diary days ago. TOOBIN: Right.

ZAHN: The jury heard readings from it for the first time. How effective were those excerpts?

TOOBIN: You know, those excerpts are, you know, it's so poignant. I remember, you know, in court when I heard them for the first time, you know, it really feels like an ordinary 15-year-old kid's diary. There's nothing particularly dramatic in there. She is obviously interested in Tommy Moxley as a, you know potential boyfriend in a 15-year-old way. Michael is apparently somewhat jealous of the relationship. And Mickey Sherman yesterday really tried to make the point in court that sure, this shows they know each other. There's no dispute about that. But it hardly looks like a motive for murder.

ZAHN: But what about the one quote, "I really have to stop going over there?"

TOOBIN: You know, who knows what that means? I mean that is true it shows a certain discomfort with the brothers and that's possible. But, you know, I can't really say what was in her head. And Helen Fitzpatrick, the witness who testified about the relationship -- well, several witnesses testified about the relationship -- said it seemed like a pretty normal 15-year-old interaction. Obviously it turned out very differently.

ZAHN: And her description of the do barking was critical, too, yesterday, right, with Helen Fitzpatrick? She said she heard it at 9:45.

TOOBIN: Again, if the alibi holds up, if he's out -- if the jury believes that he goes off with his cousin, all these murders, including Martha Moxley's mother, Dorothy, who said the murder took place 9:30, 9:45, become very helpful to the defense. But that all depends on the alibi holding up.

ZAHN: I think this one is a fascinating one to watch, don't you?

TOOBIN: I have to say it's very...

ZAHN: It's, no, it's really interesting.

TOOBIN: It's, it reminds me of, you know, the game of Clue, you know, Colonel Mustard in the dining room with the candlestick.

ZAHN: Yes.

TOOBIN: I mean, you know, it's just...

ZAHN: Unfortunately in this case there was a real death.

TOOBIN: It's real life, yes.

ZAHN: Yes.

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