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American Morning

Sentencing Day For Kennedy cousin Michael Skakel

Aired August 28, 2002 - 08:33   ET

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

BILL HEMMER, CNN ANCHOR: This is supposed to be sentencing day for Kennedy cousin Michael Skakel, convicted of murder back in 1975. There's a new wrinkle, though. Skakel's lawyers want the verdict thrown out. They say prosecutors failed to turn over a critical piece of evidence they say would help their client.
Deborah Feyerick's been watching this trial from the very beginning.

Very few reporters know it better than she does, live in Norwalk this morning.

Deborah, how are you? Good morning.

DEBORAH FEYERICK, CNN CORRESPONDENT: Good morning, Bill.

That's right. What Michael Skakel's new defense lawyers are doing basically is they're using every legal tactic they've got to try to get the verdict overturned, and at least get Michael Skakel a new trial. By bringing up this photo, they hope that the judge will consider it and possibly, again, say that yes, there should be a new trial.

But in the meantime, for the Moxley family, they've waited a very long time for this sentencing. They've waited since October 1975 when Martha was killed.

Today, Martha's mother, her brother, and her aunt will all tell a judge the impact Martha's death had on their lives. Now also very likely to speak is Michael Skakel himself. He arrived here at the courthouse just a couple minutes ago. His hair was very short, he was clean shaven. He was wearing a beige or a khaki prison uniform with a white T-shirt underneath. It appeared from the way he was walking that his hands and his feet were shackled.

Now many of his friends and relatives have written letters to the judge, telling the judge why they think Michael Skakel should get leniency.

Whatever sentence Michael Skakel does get, it's very likely his prison time can be cut short.

(BEGIN VIDEOTAPE)

FEYERICK (voice-over): Even if Kennedy cousin Michael Skakel gets the maximum sentence 25 years to life, it's possible he could serve far less. Why? The date of Martha Moxley's murder. The night before Halloween, October 1975.

Though a jury in June found Skakel guilty of murdering his friend and neighbor when both were 15 years old, Skakel will still be sentenced under 1975 guidelines. That works in his favor in two ways. One, Skakel is eligible for parole in the future. He would not be if the crime occurred now. Two, he receives what prison officials call good time credits, which also don't exist now. Essentially, the credits are time off for good behavior, which Skakel gets as soon as he starts serving his sentence.

What does this mean in real terms? If Skakel gets the minimum 10-year sentence, his good time credits will make him eligible for release in under six years. Instead of getting out in 2012, Skakel will get out in 2008.

If Skakel is sentenced to the maximum 25 years to life, with good time credits, he'll be eligible for parole in just over 13 years. Instead of getting out in 2027, he could get out in 2015.

All of this assumes Skakel breaks no rules and stays on his best behavior. Otherwise, prison officials could see to it he serves the whole sentence.

(END VIDEOTAPE)

FEYERICK: As for that somewhat controversial sketch, a source very close to the case tells me the reason it wasn't handed over to the defense attorneys is because it's not of the of the Skakel family tutor Ken Littleton. A source tells me that the sketch is of a neighbor who was completely ruled out of a suspect very early on in the case -- Bill.

HEMMER: Deborah, I don't have much time. Do you think Michael Skakel, based on the attorneys you've spoken with there, does he testify for himself during this sentencing phase or not?

FEYERICK: It's very likely that Michael Skakel is going to want to say something. If I heard your question, which is fading in and out. He wanted to say something immediately after the verdict was read, but the judge cut him off, telling him, you had your chance during this trial.

So again, whatever he does say, it's very likely it's going to be very carefully worded. Because, again, a lot at stake. His lawyers want to appeal this.

HEMMER: Thank you, Deborah. Deborah Feyerick in Norwalk, Connecticut.

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