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CNN Live Today

Discussion of Michael Skakel Case

Aired May 13, 2002 - 10:25   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.
DARYN KAGAN, CNN ANCHOR: I guess we're going to be talking about the Michael Skakel case right now, a closer look through the eyes of someone who has closely followed it. For that, we are joined by Fannie Weinstein or "People" magazine -- Fannie, good morning -- good to see you.

FANNIE WEINSTEIN, "PEOPLE" MAGAZINE: Good morning, Daryn.

KAGAN: Some eerie words last week. First, we will look at last week, then we'll look at what's coming up this week. But Martha Moxley basically being able to testify in one way at her own murder trial by having excerpts of her diary read.

That's right. The prosecution introduced her diary and excerpts from it into evidence last week on the first day of the trial. In it, she talks about her friendship with the Skakels, both Michael Skakel, the defendant, and his brother Thomas, who was a suspect early on in the case. She talks about being friendly with them, spending time with them.

She also talks about Tom making some advances towards her, putting his hand on her knee. And this is significant, because part of the prosecution's theory is that Michael Skakel --part of what triggered the murder was Michael Skakel's jealousy over his brother's flirtatious relationship with Martha Moxley.

KAGAN: Well, and in this diary, Fannie, she writes as things get kind out of hand, she says, I really have to stop going over there, meaning over to the Skakel's house.

WEINSTEIN: Yes. At one point, she says the boys were sort of fighting. At one point, they almost -- the two brothers almost got in a fistfight. And she said to her friend, come on, let's go. So, yes, she said I have to get out of there. Exactly what she meant by that, unfortunately, we may never know, but you could tell that that was day she just didn't want to be there. That things were problematic.

KAGAN: OK. Meanwhile, Mickey Sherman, the defense attorney, warns the jury and says, look, you are going to hear some wild stuff. You are going to hear some salacious stuff. You are going to hear some outrageous stuff, and it's outrageous that Martha Moxley was murdered, but it doesn't mean that my client, Michael Skakel, did the murder back in 1976. WEINSTEIN: Right. Mickey Sherman, Michael Skakel's lawyer called the prosecution's case a shaky house of cards, and he said even the cards were a few jokers in there and wild cards. Yes, he said obviously hearing this testimony, the jurors are going to feel empathy for Martha Moxley, for the victim, for her family. But he said don't let that interfere with their decision-making process. He said weigh the evidence, and he said the evidence will show that Michael Skakel was innocent then, Michael Skakel is innocent now.

KAGAN: Well, you mentioned the Moxley family, Dorthy Moxley, Martha's mother, and her brother have taken the stand. How effective have they been?

WEINSTEIN: They were both, I think, compelling witnesses. Neither gave any testimony that was especially significant evidence- wise, but to hear Dorthy Moxley talking about her daughter, who has been dead for 27 years, to hear her talk about how she barely functioned, that she was like a zombie, I believe was the word she used, in the years immediately following the murder, I think definitely had an impact on the jury.

KAGAN: And so it's very early on, but who would you say is winning this case right now?

WEINSTEIN: I don't think -- I think it's too close to call. There has been -- you know, both sides have scored some points. It was a good week for the defense last week at times. It was good for the prosecution. There was testimony regarding Michael Skakel's alibi. He claims he was at his cousin's house at the time the murder is alleged to have taken place or believed to have taken place. One witness testified that, no, she saw him at the Skakel house. Another witness testified that, no, she thought he had left the house and wasn't there. So that was a split decision.

I think it's still too early to tell, but it is definitely getting interesting.

KAGAN: All right. And we will look forward to more this week and another visit with you just ahead. Fannie Weinstein from "People" magazine -- thank you so much.

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