Return to Transcripts main page

Live From...

Prison or New Trial for Michael Skakel?

Aired August 28, 2002 - 14:16   ET

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

KYRA PHILLIPS, CNN ANCHOR: So will it be life in prison or a new trial for Kennedy cousin and convicted murderer Michael Skakel? His sentencing hearing began today in Norwalk, Connecticut.
Our Deborah Feyerick has been following the proceedings there.

Deborah, what can you tell us?

DEBORAH FEYERICK, CNN CORRESPONDENT: Kyra, we're still a couple of hours away from the sentencing, if in fact it does happen today. What has been happening this morning is that motions are being argued. The judge wrote to consider the motions. When he did so, Michael Skakel stood. He was very weary, but he did smile and look around the courtroom, trying to make eye contact with his brothers and his sister and anybody else who he might recognize, a lot of family and friends in that courtroom to support him.

He was then flanked by two prison guards and led out of the courtroom, his hands and feet shackled. He had lunch here in the building.

The judge is going over the motions that were made this morning. The defense is arguing that prosecutors withheld a very important composite sketch. The defense lawyers say that this sketch could have been a turning point in the trial. They say that the verdict either would have been different or at least it would have resulted in a hung jury. They are asking the judge for a hearing to decide whether prosecutors deliberately left that composite sketch out of discovery material that they were only obligated to provide to the defense team.

Prosecutors have said no, they weren't under any obligation to provide this sketch because, they say, it is an sketch of any suspect. They say that this was a man who was questioned and ruled out as a suspect at the very beginning of this murder investigation. They say its a man who lived on Martha Moxley's street. However, the defense team says it is not up to the prosecutors to say who and who is not a suspect and because it bears such a resemblance to a Skakel family tutor who was a suspect, they say, the jury should have been allowed to see the photograph. So that is one of the things that the judge is determining now.

He usually takes an hour for lunch; instead, he took an hour and half for lunch.

I did speak to one alternate juror who says he doesn't think this sketch would have had any impact on the verdict.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I have spoken to a number of other jurors since this has surfaced and I will just say that the general reaction was it would have had none. But I can't speak specifically to each one of the jurors, who did have a vote in this case. But I don't think it would have affected us.

(END VIDEO CLIP)

FEYERICK: The judge has to rule out all of his motions. Once he does that, we are going to be hearing from both representatives from the Skakel side and also representatives from the Moxley side. On the Moxley side, we know that her mother, her brother and her aunt are going to speak, telling the judge the kind of impact Martha's death had on them. On the Skakel side, it is likely that Michael Skakel himself will make some sort of a statement.

But we know that judge received a pile of letters, some 2 1/2 inches thick, basically from friends and family, saying that Michael Skakel has done a lot of good in his life, that he did have a troubled life, that his father was an alcoholic and that Michael was often the brunt of his father's anger. But it does point out a lot of good things Michael did: his community service, his relationship with Alcoholics Anonymous in trying to get a lot of other people sober. So what kind of an impact that has on the judge that will clearly affect the sentencing -- Kyra.

PHILLIPS: Deborah Feyerick, thank you so much.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com