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Prosecution Decides Not to Call Tommy Skakel to Stand

Aired May 14, 2002 - 13:40   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.
BILL HEMMER, CNN ANCHOR: In the trial of Kennedy cousin Michael Skakel, prosecutors have decided not to call the defendant's brother Thomas to the stand. He is one of the last people known to have seen Martha Moxley alive.

Deborah Feyerick again, outside Norwalk, Connecticut, the courtroom there. Deborah, good afternoon.

DEBORAH FEYERICK, CNN CORRESPONDENT: Hey, Bill. Well, Tommy Skakel was in town from Massachusetts. He was ready to testify. But late last night, prosecutors decided not to call him.

And part of the reason is because they just didn't know what he was going to say. They had been meeting with his attorney over the last several days, but Tommy Skakel remained a wild card. They didn't know, once they put him on the stand, what he might testify to, so they simply struck him from their witness list.

Now, Tommy Skakel and Martha Moxley were together, standing in the driveway the night she was killed. According to one witness, they were playing around. Tommy Skakel pushed Martha into the bushes, but then Tommy later told police that Martha said she had to go home because she had homework to do, though on the other account, he said that she was leaving because she wanted to throw eggs or spray shaving cream, this was mischief night, the night before Halloween.

Now, after her murder, Tommy Skakel did take two polygraph tests, and he passed both of them. His lawyer said that he was asked the question, "Did you kill Martha Moxley?"

Now, these polygraph tests not admissible as evidence. We did also get a copy of the arrest warrant for Tommy Skakel. That had been missing for a couple of days, and the defense was very upset about that.

Although it never linked Tommy directly to her murder, it gives a small insight into the kind of person he was back in 1975. It says at one point or on numerous occasions, he displayed acts of violence and rage. On one occasion, he slashed an oil painting of himself across the groin area. It also says that he was prone to outbursts of severe physical violence as well as threats against his siblings.

Now, on the stand this afternoon, the father, Rushton Skakel, is expected to be here. He does suffer from some sort of dementia, so it is not clear exactly what he is going to say, or how much the judge will allow in. Also, the lawyer for both Rushton Skakel and Tommy Skakel, but he is likely to invoke attorney-client privilege -- Bill.

HEMMER: And Deborah, I was reading where yesterday the jury was actually asked to leave the courtroom at least a dozen times while there was talk about the possibility for more evidence. Curious to know, what kind of an impact can that have on jurors if they sit there, up and down, up and down all day long?

FEYERICK: Well, it definitely impacts sort of the natural flow of events. When a jury sits down, they want to hear all of the evidence. They want it do go smoothly. It helps them sort of pay attention in terms of information that's coming. Every time they have to get up an leave, there is always that question, well, what am I missing, why am I missing this?

And, even though they may hear it later on, there is still that sense of, Boy, I wonder what they were talking about when I left the room. That is not happened today. What the jury is now listening to is one witness who is reading an actual transcript of conversations that she had with her husband, the Skakel family tutor. That is very long and -- and a bit dry. So right now, that is sort of what they are going through today.

HEMMER: All right. Deborah, thanks. Deborah Feyerick, again, Norwalk, Connecticut there.

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