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CNN Live Today

Attorney Discusses Skakel Sentencing

Aired August 29, 2002 - 12:10   ET

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

KYRA PHILLIPS, CNN ANCHOR: Michael Skakel will tell a Connecticut courtroom why he should be spared life in prison for killing Martha Moxley. The Kennedy cousin is expected to talk today at his sentencing hearing.
CNN's Deborah Feyerick is following the proceedings in Norwalk.

Hi -- Deb.

DEBORAH FEYERICK, CNN CORRESPONDENT: Hey there, Kyra.

Prosecutors stood up, told the judge they wanted 25 years to life. They said that Michael Skakel had yet to show remorse. But Skakel's family, his friends, his lawyers say that it is just not Michael Skakel's nature to have committed this crime. And they are planning on appealing. What they are doing now, though, is they are really trying to convince the judge that Michael Skakel should not get the maximum sentence but that he should get the minimum sentence, or at least the judge should so leniency.

Some of the reasons they are giving -- for example, they say that Michael Skakel had an abusive childhood, that he went on to live his life having a positive impact on dozens of people. Letter that were sent to the judge indicate that on more than one occasion, people say that Michael Skakel helped save their lives because they helped them get sober. Also, they say that he did a lot of volunteer work; for example, he worked with Americare, helping deliver medication to sick children if Rwanda. All of this, hopefully, in their eyes, trying to persuade the judge that Michael Skakel really is a good person.

Now, the person who'll talk to us about sort of what is going on, (UNINTELLIGIBLE), who is a former federal prosecutor.

How much of an impact do you think all of these statements, all of these letters are actually going to have on the judge in his sentencing?

UNIDENTIFIED MALE: At this point, the judge has heard it all, seen it all. I am sure his mind is pretty much made up now. The big problems that the Skakels have is exactly what you pointed out. How do they show the proper remorse to let this judge know that this is somebody who has really accepted responsibility, which is a key thing in the sentencing factor for a judge. Last they were saying, We're appealing this -- we didn't do it. You don't strike that right tone with a judge. It is a difficult course that they have to weave here, and it's a fine line that they're walking. FEYERICK: Again, just to clarify that, if somebody says I didn't do it and I am appealing, then how is it that they can take response? How can you show remorse for something you have not done? Doesn't that hurt you on an appeal?

UNIDENTIFIED MALE: You can't do it; you can't admit I did it. So the compromise is how many times can I say I'm sorry. The tone here I think is we're awful sorry. We didn't do. I, Skakel, didn't do it. We're awful sorry for the loss -- I didn't do it. But this judge, as evidenced by his rulings, is convinced that Skakel did it, He believes the jury did the right thing, and fact that Skakel has not yet come forward and said I am sorry, I did it, I think it is going to hurt him ultimately, with the sentence that's imposed.

FEYERICK: So what kind of sentence are we looking at? Are we looking at a minimum, are we looking at life? What are we looking at? What do you think?

UNIDENTIFIED MALE: I think you are going to see something that will have an upside of life. Whether or not it is 10 or 15 -- I think it's probably 15, 20 or 25 years to life. But I think the upside will be life. I think it will be a heavy sentence in that regard.

FEYERICK: Much mention has been made of this Elan School, the alleged abusive treatment center. They say, effectively, he did his time. Good argument, bad argument?

UNIDENTIFIED MALE: It doesn't fly. He was there was voluntary.

FEYERICK: (UNINTELLIGIBLE), thank you very much for joining us.

Quick recess inside the court, and then they will be back, Skakel's lawyer, still trying to persuade the judge -- Kyra.

PHILLIPS: It will be interesting to see what happens.

Deborah Feyerick, thank you.

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