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CNN Live Today

Skakel in Court

Aired August 28, 2002 - 13:08   ET

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

KYRA PHILLIPS, CNN ANCHOR: On opposites sides of the country, the killers in two sensational murder cases face hearings today. They are Kennedy cousin Michael Skakel in Norwalk, Connecticut, and in San Diego, convicted child killer David Westerfield. He faces a possible death sentence.
Let's go first to Connecticut, and to CNN's Deborah Feyerick.

DEBORAH FEYERICK, CNN CORRESPONDENT: Skakel's lawyers really believe that a composite drawing of a suspect really could have been what they call the turning point. They believe that the jury should have been able to see that composite drawing. They feel that verdict would have been different, or at least would have resulted in a hung jury. They are asking a judge for a hearing to find out why prosecutors did not turn that sketch over. They say a written description that was included in some discovery material was not good enough, and the say the description, the actual photo, so closely resembles the Skakel family tutor, who was long considered a suspect, that in fact, it should have been turned over, because they believe it's exculpatory evidence.

Now the prosecution has said it is not exculpatory evidence, it would not clear Michael Skakel. The reason they say that, is because they say it is a different man, that it is a man who lived on Martha Moxley's street. He was questioned and cleared as a suspect very early on in the investigation.

But again, the defense team saying, it is not up to us decide who this man look like, it is up to the jury. They didn't get the picture, and they didn't have a chance to see it.

Now these motions are being argued this morning. The judge called a recess asking for about an hour and a half, saying that in his words, he had some reading to do. He is going over all of this very carefully. After the motions, we're likely to hear speeches from both sides, from both Moxleys as well as the Skakels.

Skakel's defense lawyers handed the judge about 2 1/2 inches worth of letters of very thick file from family and friends. In them, they sort of document what a good guy Michael Skakel is, and how much an impact he had on people's lives, taking them to AA meetings, getting them sober, the details on their community service. He at one point mentioned he has some responsibility to his young son, and so they are asking the judge for leniency.

The Moxley family, on the other hand, still feels that Michael Skakel should get the maximum sentence. That is 25 to life. They are likely to take the stand as well. John, the son, Dorothy, the mother and an aunt, all of them saying the impact of Martha's death and what that did to their lives -- Kyra.

PHILLIPS: All right. Thank you.

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