Return to Transcripts main page
CNN Live Today
Defense Not to Call Skakel to Stand
Aired May 28, 2002 - 13:23 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.
CAROL LIN, CNN ANCHOR: In Norwalk, Connecticut today, defense attorneys are expected to wrap up their case in the murder trial of Kennedy cousin, Michael Skakel.
CNN legal analyst Jeffrey Toobin is tracking the case, and he joins us live with more details.
Jeffrey, you know in a bizarre trial it's interesting to note that it's not who was called to the stand but who's not being called to the stand.
JEFFREY TOOBIN, CNN LEGAL ANALYST: That certainly was the big news today. We learned this morning that the defense was not going to call Michael Skakel, the defendant himself. That's less surprising because he has a temper, he's told various stories about his whereabouts the night of the crime 26 years ago. It's no surprise that they wanted to keep him off the stand.
The interesting news today was the defense did not call Thomas Skakel, the defendant's brother who had been -- long been a suspect in the case and he was the last person known to see Martha Moxley alive. The defense decided instead of exposing him to cross-examination, instead of sort of raising the specter of what exactly his account of the night was, they decided to leave him sort of a mystery with the prosecution being forced to explain where he was, where he wasn't. The defense believing that a mystery will only help their effort to have their client not found guilty beyond a reasonable doubt. The idea is a little mystery helps the defense.
LIN: Yes, how much does a jury actually clue in on this legal strategy? And if they do, are they likely to read anything into it?
TOOBIN: Well I think the name, Tommy Skakel, has been mentioned so often in that courtroom. In fact, remember the jury heard early in this trial that police in Greenwich actually sought an arrest warrant for Tommy Skakel for the murder of Martha Moxley shortly after the murder. The prosecutors in the area said no, you don't have enough evidence. But they are very much aware that he is an important figure in this case. And I do think they may ask themselves, prosecution, defense, somebody, where is Tommy Skakel and why haven't we heard from him?
LIN: So in the process of deliberations, what does a jury do with that information when it's evidence not presented? TOOBIN: Well I think that sort of mystery generally only helps the defense, because if the press -- if the jurors are left with questions where is Tommy Skakel, what's his involvement in all this, where -- could he possibly have been the killer -- that's clearly been suggested by several witnesses during the course of this trial -- that sort of doubt is fodder for defense attorneys. And you can be sure when Michael -- when Mickey Sherman, the defense attorney, sums up probably Thursday, he is going to talk about all of the loose ends in this investigation and that is generally helpful to the defense.
LIN: Any turning points for you as you've been watching this trial?
TOOBIN: Well I think the trial has really unfolded in two almost unrelated ways. First of all there was the evidence relating to the night of the crime. The -- from way back in 1975. The absence of physical evidence tying Michael Skakel to the -- to the crime was certainly glaring. Obviously, the murder weapon, which was a golf club, did come out of the Skakel home, but there was no evidence that Michael Skakel ever had any connection to that particular golf club.
The second half of the trial related to Michael Skakel's purported confessions in later years, mostly at the Elan School, which was sort of a high-priced reform school he was sent to. That is really where the prosecution's pinned his hopes. Does the jury believe that Michael Skakel really confessed to these crimes? That's the only way he's going to be convicted, and those were the crucial witnesses for the prosecution.
LIN: Well there you go. And, Jeffrey, by the way, I just wanted to say welcome to CNN.
TOOBIN: Thank you.
LIN: I haven't talked to you since our days at ABC News.
TOOBIN: That's right. Well it's great to be here.
LIN: Good to see you. I'm in good company.
TOOBIN: And a running start.
LIN: All right.
TOOBIN: OK.
LIN: Thanks so much, Jeffrey Toobin, our legal analyst.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
