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Kennedy Cousin Skakel Faces Sentencing for Murder

Aired August 28, 2002 - 14:53   ET

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

KYRA PHILLIPS, CNN ANCHOR: Kennedy cousin Michael Skakel faces sentencing today. You may remember back in June he was found guilty of killing neighbor Martha Moxley, back when they were just 15 years old.
We are told they have new developments now.

Our Debbie Feyerick is following what's happening there at the sentencing, has new developments for us.

Deb, what can you tell us?

DEBORAH FEYERICK, CNN CORRESPONDENT: Kyra, the judge has denied all defense motions. He has denied their request to set aside the verdict. He has denied their request for a new trial. The verdict stands: Michael Skakel is guilty in the murder of Martha Moxley.

As for the sketch, this controversial sketch, which the defense team said was not handed over as part of discovery material, as it should have been, the judge said that there is a clear indication that this sketch was mentioned in numerous reports that the defense team did have, and that at any point, the defense could have called the security guard who initially gave the description to police. The judge said the defense team did not do that during the trial; he denied their request for an evidentiary hearing to see why the sketch was not in all the materials, saying the defense could have asked for it at any point, because it was clearly mentioned in many of the reports.

Now, as for the defense charges that prosecutors used subliminal messaging in their closing statements -- that is they showed autopsy photos of Martha Moxley side by side with transcripts of Michael Skakel talking about the night of the murder -- the judge said that there was no evidence that any subliminal messaging had gone on.

This doesn't mean that there won't be even more appeals. What the defense team has done -- and these are new lawyers -- what defense team has done is basically go on record laying the groundwork so that they can appeal to a higher court; they still intend to try to get this verdict, thrown out. They still intend to try to get a new trial.

And as for other rulings, the state supreme court is still waiting to decide, once Michael Skakel is sentenced, whether this even should have been moved from juvenile to adult court. Skakel was only 15 at the time of Moxley's murder -- Kyra.

PHILLIPS: Debbie Feyerick, thank you very much.

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