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American Morning

Rushton Skakel May Testify Today in Son's Trial

Aired May 15, 2002 - 09:03   ET

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

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
PAULA ZAHN, CNN ANCHOR: "Up Front" this morning, the murder trial of Kennedy cousin Michael Skakel. The prosecution played a game of musical witness chairs yesterday.

Deborah Feyerick is following the trial and has this report.

(BEGIN VIDEOTAPE)

DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): For more than 20 years, Kennedy cousin Michael Skakel stayed under the police radar. Investigators targeting a Skakel family tutor and Michael's older brother Tommy. The tutor, Ken Littleton, has already testified, but it appears Skakel's brother Tommy will not. Prosecutors deciding not to question him apparently because they had no idea what Tommy Skakel might say.

Though the defense says...

MICKEY SHERMAN, MICHAEL SKAKEL'S ATTORNEY: Tom Skakel was never going to say anything to my understanding that would have hurt Michael in any way.

FEYERICK: Martha Moxley was last seen by friends talking to Tommy Skakel in the family's driveway; one reason he became a key suspect. The tutor testified Tommy Skakel joined him just before 10:00 that night to watch the chase scene in the movie "French Connection." Prosecutors believe Martha was killed between 9:30 and 1:00 Halloween morning.

Ken Littleton testified earlier when Tommy came in he did not appear agitated and was a perfect gentleman. Later, Littleton told his wife in wire-tapped conversations, "I don't know if Tommy did it. I think Michael did it." The jury did not get to hear that part of the conversation; the judge ruling the tutor's opinion might prejudice the jury.

An unsigned arrest warrant given to defense lawyers for the first time described why police suspected Tommy Skakel. Police writing he had displayed acts of violence and rage. One time, slashing a portrait of himself across the groin area.

EMANUEL MARGOLIS, TOMMY SKAKEL'S ATTORNEY: It made him much more of a serious target than we had even understood.

FEYERICK: The prosecutor in 1976 said there was not enough evidence for an arrest.

(END VIDEOTAPE)

FEYERICK: Now the tutor's opinion that Michael Skakel did it is an opinion that he formed five years before Michael Skakel even became a suspect. And the reason that happened is because parts of his story began to change and then former classmates stepped forward claiming he had made statements that, at the very least, placed him at the scene of the crime.

Now today on the witness stand, possibly Michael's father, Rushton. His lawyer says he suffers from dementia, so it's not clear exactly what he will be able to say. Though a judge in an earlier hearing did rule that he was competent to testify.

Now, also, a forensic expert who is likely to testify about two hairs that were found on the body of Martha Moxley, that have been described as being microscopically similar to the tutor, Ken Littleton's hair. However, forensic experts said that there are also differences. This expert that he was not sure whether the hairs had been tested against either Tommy or Michael Skakel -- Paula.

ZAHN: Deborah, if you would, tell us a little more about these wire taps and what they show about Ken Littleton's near obsession about taking a truth serum.

FEYERICK: Well, what happened is that he was convinced that if he was given a truth serum, somehow it would recall something that was buried deep in his subconscious. He really had the feeling he had seen something, something that perhaps just didn't fit in. For example, he said when he took the boys out of town right after the murder in the Winnebago, he always wondered, did he see maybe the bloody clothes or the golf handle stuck somewhere in the Winnebago.

So he didn't know, and the interesting thing is that even after hours and hours of his wife coming at him saying, "But you did it. You did it," he never, ever confessed. And so that was very powerful testimony I think that the jury heard yesterday -- Paula.

ZAHN: All right. Thanks so much, Deborah. We'll be relying on your reports for many days to come. Just as a reminder that it is indeed Michael Skakel who is on trial here.

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