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American Morning

Defense May Wrap Up in Trial of Michael Skakel

Aired May 28, 2002 - 07:42   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.
BILL HEMMER, CNN ANCHOR: In the state of Connecticut this morning, the defense may wrap up in the trial of Kennedy cousin, Michael Skakel. It is possible, we are told now through Jeffrey Toobin, our CNN legal analyst, that the defense will call neither Michael Skakel nor his brother, Thomas.

Let's go to Norwalk, Connecticut, Deborah Feyerick once again at her post outside the courthouse with more on the developments today.

Hey, Deborah, good morning.

DEBORAH FEYERICK, CNN CORRESPONDENT: Hey there, Bill. And CNN has confirmed through our legal analyst that neither brother will be called to the stand. Both of them were really wild cards right from the beginning. Tommy Skakel was the last person known to see Michael alive -- Martha alive -- excuse me. And he was long considered a suspect, but police never had enough evidence against him. No charges were ever filed.

His lawyer had said that he would take the fifth for any question that seemed problematic. And so, of course, defense attorneys don't want one of their own witnesses taking the fifth to every other question they ask. It wouldn't look good in front of the jury.

As for Michael Skakel, it's really unclear how he would have help up under cross-examination. At times during this trial, he has appeared very agitated. He is very animated. And so that too was a wild card. You certainly don't want somebody on trial putting a bad face before the jury. And so far, Michael Skakel has been a pretty good face before the jury. If the defense feels that they have proved their case through other witnesses, then there is really no need to call both of those brothers.

There have been other Skakels on the stand. One brother earlier testified that Michael was with him miles away at a cousin's house watching television. So essentially he backed up his alibi. Another brother is expected to testify similarly.

And then a third brother testified about a barking dog. And while this may sound a bit crazy, the barking dog could be very important, because the defense is saying that's when Martha Moxley was killed, between 9:30 and 10:00 when a neighborhood dog seems to have gone crazy and just been barking and barking and barking. Prosecutors have tried to show that the time of death was much longer, that it could have happened as last as 1:00 to even 5:00 of the next morning.

Now, the sister, Julie Skakel, has been subpoenaed by prosecutors. She had been at this trial every day, and then all of a sudden stopped coming about the time that the subpoena was issued. Prosecutors want to hear from her. She was at the home the night that Martha Moxley was killed. And one of her friends earlier testified that Michael was at the house. That he didn't go to his cousin's and was not miles away when the murder took place.

We are expected to hear also from a medical examiner who, again, will narrow the time of death at 9:30 to 10:30, when Michael Skakel has an alibi -- Bill.

HEMMER: Deborah, two follow-ups. First of all, for the defense, is it true that they will wrap up this week? Is that what the schedule looks like?

FEYERICK: Absolutely. Well, the defense could actually finish by the end of the day. Then, prosecution and defense will get a chance to call whatever rebuttal witnesses they want to. It doesn't look like there are going to be a whole lot of rebuttal witnesses. So that can be very quick, and then you've got closing arguments. The jury will get their instructions. So they could possibly, at the earliest, get this late Thursday or Friday.

HEMMER: Got it. And, Deborah, on the Moxley side, her mother has been in that courtroom every day. She has been very public for the past 25 years on a number of fronts. How is her attitude now looking back on her daughter's life, Martha.

FEYERICK: She is very positive about this trial. She, from the beginning, has said that she didn't want vengeance. That's not what she was after. She wanted justice done in her daughter's name.

And there was a particular poignant moment last week when they showed Martha's picture in court, and it's something we had not seen for a couple of weeks. And Mr. Moxley bordered on sort of breaking down. Tears welled up in her eyes, and she said, I am so glad that you got to see Martha's face again, because this is what this trial is about. This is about my beautiful daughter who was taken away.

And so, you know, she -- they have been here. They have been positive, and they think the outcome is going to be good for them -- Bill.

HEMMER: Thank you, Deborah -- Deborah Feyerick live in Norwalk, Connecticut again. We'll watch this today. Perhaps, as you mentioned, the defense may rest its side later today.

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