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American Morning
Lawyers for Michael Skakel Cite New Evidence
Aired September 08, 2003 - 08:20 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.
SOLEDAD O'BRIEN, CNN ANCHOR: Lawyers for Michael Skakel, who was convicted last year of killing Martha Moxley, say that there is new evidence that could prove his innocence. One of Skakel's former classmates is said to have told investigators that two of his friends committed the murder.
Defense attorneys plan to use the information to get a new trial. Skakel, a cousin of the Kennedy family, is now serving 20 years for beating Moxley to death in 1975 when they were 15-year-old neighbors in Greenwich, Connecticut. It is all very confusing.
And joining us to talk about this twist in the case is Court TV's Beth Karas.
Nice to see you.
Good morning. BETH KARAS, COURT TV: Thank you.
O'BRIEN: New information or not new information?
KARAS: Well, you know, both sides apparently had this information. It was given to them during the course of the trial. They chose not to move on it. Now, in order to get a new trial, you have to show that it's newly discovered evidence that couldn't have reasonably been found before the verdict. They may not have met that hurdle. It has to be evidence that would be admissible at a new trial and evidence that would have affected the outcome of the verdict.
O'BRIEN: So, the defense attorneys haven't actually said, told anybody, revealed what their information is. I mean there are reports, and sort of people have investigated this, that a guy named Tony Bryant, who I guess is Kobe Bryant's cousin, a classmate of Michael Skakel's 30 years ago, overhead some of his friends from the Bronx.
KARAS: That's right. He was with a couple of friends, he says, this is according to reports, and we think it'll all be laid out in a motion within a couple of weeks, to be filed by the defense. But he says he was with a couple of friends. They were hanging out the night of the murder. They said they wanted to get some golf clubs and kill a girl cave man style. He didn't want any part of it. He took off around 9:00 p.m. The killing happened within the hour after that. He says his friends admitted to him that they did it a couple of days later.
O'BRIEN: I don't know, Tony Bryant. Never seen him. I assume he's a black guy and I think from reports that the two guys he's talking about are also black.
KARAS: Apparently.
O'BRIEN: And so the question in my mind is you have three young black men in Greenwich, Connecticut in 1975. None of this information has been in any of the reports about this case, has it?
KARAS: Not that I am aware of. However, the prosecution is more than willing to open everything up again and examine this evidence if the defense will just give it to them. The prosecution is learning about this in the newspapers, like everyone else, and on television. They haven't received any official information from the defense yet, but they expect to.
O'BRIEN: Granting a new trial, is that at the judge's discretion or there are certain things that they, level that they have to make?
KARAS: Yes. There's a certain burden they have to make, and it's the judge's discretion and it won't be the trial judge, it'll be a different judge. They have to show it's newly discovered. It has to be admissible evidence. It can't be triple, several levels of hearsay. Also, that it would have affected the jury had the jury known this information.
So this is still a long shot to a new trial. But there is some hope for Michael Skakel.
O'BRIEN: This certainly was a case that was so long ago and this was a case that was very high profile.
Does any of that play a role in any judge considering whether to grant a new trial, do you think?
KARAS: No, well, the age of the trial, I -- but not really. No. The judge will just look at, have a hearing and look at this evidence. But do you really think these two guys, now grown men, are going to come in and admit they did it? No. There's going to have to be some corroboration to that.
O'BRIEN: So you're speaking very rhetorically, sort of saying you don't think that this is going to be granted a new trial...
KARAS: Well, I think that...
O'BRIEN: If you had to go out there and guess about it.
KARAS: I think it's a real long shot. But it's worth the shot.
O'BRIEN: Well, yes, we'll see.
Beth Karas, it's so complicated.
KARAS: It is.
O'BRIEN: It's so interesting and a little strange, too.
KARAS: It is.
O'BRIEN: Nice to have you, as always.
KARAS: My pleasure.
O'BRIEN: Thanks a lot.
KARAS: Thank you.
O'BRIEN: Nice to see you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired September 8, 2003 - 08:20 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Lawyers for Michael Skakel, who was convicted last year of killing Martha Moxley, say that there is new evidence that could prove his innocence. One of Skakel's former classmates is said to have told investigators that two of his friends committed the murder.
Defense attorneys plan to use the information to get a new trial. Skakel, a cousin of the Kennedy family, is now serving 20 years for beating Moxley to death in 1975 when they were 15-year-old neighbors in Greenwich, Connecticut. It is all very confusing.
And joining us to talk about this twist in the case is Court TV's Beth Karas.
Nice to see you.
Good morning. BETH KARAS, COURT TV: Thank you.
O'BRIEN: New information or not new information?
KARAS: Well, you know, both sides apparently had this information. It was given to them during the course of the trial. They chose not to move on it. Now, in order to get a new trial, you have to show that it's newly discovered evidence that couldn't have reasonably been found before the verdict. They may not have met that hurdle. It has to be evidence that would be admissible at a new trial and evidence that would have affected the outcome of the verdict.
O'BRIEN: So, the defense attorneys haven't actually said, told anybody, revealed what their information is. I mean there are reports, and sort of people have investigated this, that a guy named Tony Bryant, who I guess is Kobe Bryant's cousin, a classmate of Michael Skakel's 30 years ago, overhead some of his friends from the Bronx.
KARAS: That's right. He was with a couple of friends, he says, this is according to reports, and we think it'll all be laid out in a motion within a couple of weeks, to be filed by the defense. But he says he was with a couple of friends. They were hanging out the night of the murder. They said they wanted to get some golf clubs and kill a girl cave man style. He didn't want any part of it. He took off around 9:00 p.m. The killing happened within the hour after that. He says his friends admitted to him that they did it a couple of days later.
O'BRIEN: I don't know, Tony Bryant. Never seen him. I assume he's a black guy and I think from reports that the two guys he's talking about are also black.
KARAS: Apparently.
O'BRIEN: And so the question in my mind is you have three young black men in Greenwich, Connecticut in 1975. None of this information has been in any of the reports about this case, has it?
KARAS: Not that I am aware of. However, the prosecution is more than willing to open everything up again and examine this evidence if the defense will just give it to them. The prosecution is learning about this in the newspapers, like everyone else, and on television. They haven't received any official information from the defense yet, but they expect to.
O'BRIEN: Granting a new trial, is that at the judge's discretion or there are certain things that they, level that they have to make?
KARAS: Yes. There's a certain burden they have to make, and it's the judge's discretion and it won't be the trial judge, it'll be a different judge. They have to show it's newly discovered. It has to be admissible evidence. It can't be triple, several levels of hearsay. Also, that it would have affected the jury had the jury known this information.
So this is still a long shot to a new trial. But there is some hope for Michael Skakel.
O'BRIEN: This certainly was a case that was so long ago and this was a case that was very high profile.
Does any of that play a role in any judge considering whether to grant a new trial, do you think?
KARAS: No, well, the age of the trial, I -- but not really. No. The judge will just look at, have a hearing and look at this evidence. But do you really think these two guys, now grown men, are going to come in and admit they did it? No. There's going to have to be some corroboration to that.
O'BRIEN: So you're speaking very rhetorically, sort of saying you don't think that this is going to be granted a new trial...
KARAS: Well, I think that...
O'BRIEN: If you had to go out there and guess about it.
KARAS: I think it's a real long shot. But it's worth the shot.
O'BRIEN: Well, yes, we'll see.
Beth Karas, it's so complicated.
KARAS: It is.
O'BRIEN: It's so interesting and a little strange, too.
KARAS: It is.
O'BRIEN: Nice to have you, as always.
KARAS: My pleasure.
O'BRIEN: Thanks a lot.
KARAS: Thank you.
O'BRIEN: Nice to see you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
