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CNN Live Today

Closing Arguments Under Way in Skakel Trial

Aired June 03, 2002 - 13:16   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: The jury in the Kennedy cousin murder trial could begin deliberations as early as today. Closing arguments are under way in the case. And Michael Skakel is accused, as you know by now, of beating to death his next-door neighbor, Martha Moxley, almost 27 years ago. Both were 15 years old at the time. Prosecutors say Skakel confessed to several people, including classmates and a family chauffeur. The defense says that's not so.

CNN legal analyst Jeffrey Toobin is covering the trial, and he joins us live now from Norwalk, Connecticut. Jeffrey, what is your assessment? How are the closing arguments going right now?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, Carol, today was the first day in this five-week trial that a member of the Kennedy family has actually attended. Robert F. Kennedy, Jr. listened to the summations and he got to hear prosecutor Jonathan Benedict accuse Michael Skakel of being the beneficiary of a Skakel-Kennedy family conspiracy to keep the truth from coming out about what really went on.

In his rebuttal summation which just began before we broke for lunch, he said that the reason this trial has taken so long to come forward is that the Skakel family has never told the truth about what is going on, that their statements that Michael Skakel had an alibi for the time that it appears the murder took place are lies, and that those lies were exposed in this courtroom over the past few weeks.

LIN: In the sense that, in every trial, of course, the closing arguments are absolutely critical. But in this trial, I mean, evidence presented over a 27-year period, most of it circumstantial, seems like a pretty big weight to bear to prove this case.

TOOBIN: It was. It was. I think they are especially important, Carol, in this case. I agree, and some of the imagery that I think will stay with the jury is particularly important. For example, in the defense closing argument by Mickey Sherman, he spoke of the investigation here as a game of musical chairs, that the prosecutors and police had focused on so many different people over 27 years, that first they went -- they prepared an arrest warrant for Tommy Skakel. The cops thought they had their man, but the prosecutor said, no, you don't have enough evidence.

Then, they spent a great deal of time investigating Kenneth Littleton, going so far as to wire up his ex-wife and get her to have so many conversations with him on tape. Kenneth Littleton being the former tutor to the Skakel children who was home the night of the murder.

Finally, the defense says, they seized on Michael Skakel who, when the music stopped, he was the one in the chair. But I think this idea that the prosecution never settled on a suspect is a powerful argument on the part of the defense.

LIN: Yes, and the defense attorney has basically emphasized that the physical evidence does not point to Michael Skakel. In this particular case, when so much evidence is circumstantial or maybe even hearsay after so much time, how important a point is that?

TOOBIN: Well, Mickey Sherman spent a great deal of time saying there is no forensic, no DNA, no fingerprint, no hair or fiber evidence that links Michael Skakel to the murder scene. He also said the only piece of physical evidence is, of course, the famous or infamous golf club which was the murder weapon, a golf club that came out of the Skakel home, although many people had access to the home. That is a central part of the defense case, although prosecutor Jonathan Benedict made an interesting point. You know, that was a partial golf club. It was not an entire golf club. Part of it was broken off.

Jonathan Benedict pointed out that the part of the golf club that was missing was the part that had the Skakel name on it. So, he suggested that the person who wanted to get rid of that part of the golf club wanted to get rid of the Skakel name on the club, suggesting that the murderer was a member of the Skakel family.

LIN: So, Jeffrey, are you pretty good at reading jurors? How are they taking this all in?

TOOBIN: You know, I would like to claim no expertise in reading jurors, but I have been wrong before, Carol. All I can say is they have been very attentive. They have been very wrapped up in this. The courtroom is absolutely packed today. There are no seats available. There is tremendous interest in this case, in this community. I would not venture a guess, although, you know, I have been saying all along I think a case without physical evidence, with almost no physical evidence, with no forensic evidence, these disputed confessions, I think it is a tough road for the prosecution here.

LIN: All right. Thank you very much, Jeffrey Toobin.

TOOBIN: It looks like it will go to the jury this afternoon.

LIN: Yes, that's what we're hearing too. All right, we'll check back with you then, and as soon as you hear anything, just give us a holler.

TOOBIN: Will do.

LIN: Jeffrey Toobin, CNN legal analyst.

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