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Skakel Sentencing Hearing Under Way

Aired August 28, 2002 - 12:07   ET

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

KYRA PHILLIPS, CNN ANCHOR: In another courtroom across the country, what could be the final chapter in the Martha Moxley killing could be playing out, 27 years later. A sentencing hearing is under way this hour in Norwalk, Connecticut, for Michael Skakel. Among those who have appealed for leniency for Skakel, his cousin, Robert Kennedy Jr.
Deborah Feyerick looks at what Skakel could expect.

(BEGIN VIDEOTAPE)

DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): Even if Kennedy cousin Michael Skakel gets the maximum sentence 25 years to life, it's possible he could serve far less. Why? The date of Martha Moxley's murder. The night before Halloween, October 1975.

Though a jury in June found Skakel guilty of murdering his friend and neighbor when both were 15 years old, Skakel will still be sentenced under 1975 guidelines. That works in his favor in two ways. One, Skakel is eligible for parole in the future. He would not be if the crime occurred now. Two, he receives what prison officials call good time credits, which also don't exist now. Essentially, the credits are time off for good behavior, which Skakel gets as soon as he starts serving his sentence.

What does this mean in real terms? If Skakel gets the minimum 10-year sentence, his good time credits will make him eligible for release in under six years. Instead of getting out in 2012, Skakel will get out in 2008.

If Skakel is sentenced to the maximum 25 years to life, with good time credits, he'll be eligible for parole in just over 13 years. Instead of getting out in 2027, he could get out in 2015.

All of this assumes Skakel breaks no rules and stays on his best behavior. Otherwise, prison officials could see to it he serves the whole sentence.

(END VIDEOTAPE)

FEYERICK: Now, Skakel's defense team is arguing right now four different motions. They are laying out the reasons why they feel the verdict should be tossed out, and a new trial ordered by the judge.

Several reasons that they're giving include that testimony from a former friend and student of Michael Skakel should never have been allowed at the trial, because they say, this is a student who died during -- well, leading up to the trial. And so, the defense lawyers never had a chance to truly cross-examine him.

Also, they are saying that Martha's diary, which was introduced at the trial, contained no real evidence, but only served to inflame the jury, create a lot of sympathy for Martha Moxley, as well as her family.

One of the key points has to do with a sketch. The defense team says that prosecutors never handed over a composite drawing made of a man that bears a striking resemblance to the Skakel family tutor, Ken Littleton.

Well, prosecutors are saying that it's not Ken Littleton, that the man in the sketch is a neighbor of Martha Moxley's. He was questioned by police, and then ruled out as a suspect. The reason the sketch was made is because this man had been questioned by a security guard in the very exclusive community where they all lived. The security guard did not have the man's name. That's why they drew up this picture.

Now, after these motions, we will be hearing statements from both the Moxley family and the Skakel family as well. The Moxley family is going to tell the judge the impact that Martha's death had on their lives.

Michael Skakel is likely to say something as well. Several of his family members will make impact statements.

They have presented -- the defense team has presented a binder, Kyra, two inches worth of letters from family and friends, saying why they feel the judge should give Michael Skakel leniency. They say he has done a lot of community service, that he had an extreme dedication to Alcoholics Anonymous, and that he also has a responsibility to his young son.

One of the letters, as you mentioned, is from Robert Kennedy Jr., and he says that Michael Skakel helped him get sober back in 1983. He said that Michael didn't have a violent bone in him -- Kyra.

PHILLIPS: You mentioned Robert Kennedy Jr. a couple of times, and of course, we know there is the influence of the Kennedy family here. It's a big name. We've heard a lot about it.

Do you think the notoriety of this case could affect the amount of years that Skakel gets, Deborah?

FEYERICK: You know, that's pretty unlikely. I think Judge John Kavanewsky has been very fair throughout this entire trial.

What is going to affect the amount of time Michael Skakel serves in prison is the 1975 guidelines, which basically will cut almost 50 percent off the prison time that he does serve. But again, those are the guidelines from 1975. It has nothing to do with the fact that he is related to the Kennedys.

PHILLIPS: Deborah Feyerick, thank you. We'll check in with you also again in the hour and in the next two hours. TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.