The petitioner elicited testimony from Ossorio, a psychologist who was seventy-two years old at the time of the habeas trial, that he was visiting Dowdle at the Terrien residence during the evening of October 30, 1975, and until around midnight on October 31, and that the petitioner and several others also were thereThe thing is Ossorio never said during his testimony anything about where he and the others were when they were watching television. Where does Palmer get his facts? Certainly not from the statements of Georgeann Terrien, Jimmy Terrien or Rushton Skakel jr.
that evening, watching television in the library. Ossorio testified that, although he was visiting Dowdle, who was in a different room off the library caring for her child, he ‘‘was in and out’’ of that room and spent some time in the library watching television with the petitioner and the others who were there that evening.
This is what Georgeann said when she was interviewed by police 11/8/75
Miss Terrien stated that she observed her brother and the Skakel brothers, Rushton-John-Michael, return to her house sometime around 10:00 PM, she believes it was just before 10:00 PM. She further stated that her brother and the Skakel brothers went to her brother’s room.At trial and during her grand jury Georgeann admitted that she had not seen the boys, but had heard them from her mother's library.
So where did the boys watch the show? Here's what Rush said:
Q. Now, when you watched the show up at the Terrien house, do you recall what room you were in?
A. We were in Jimmy's room.
Q. And, were you all together?
Q. That would include Michael?
Q. And, he was there for the entire show?
How about Jimmy? What did he have to say... Here's one from trial in 2002..
Q I think you indicated that Michael Skakel was in your presence the entire night from 9:30 until quarter of 11; is that correct?
A. Well, for the show we were all together, from what I can recall.
Q. That would have been either in your room or what room?
A. My brother's.
Q. Your brother, John?
Oh wait. He also said this at trial:
Q. Where did you watch it, what room were you in?
A. It was my room and my brother's room.
Q. This is a room you shared with your brother or two different rooms?
A. No, there is two rooms on either side of the house. We would go back and forth. My room is pretty small, so --
That's pretty close to what Michael said to Richard Hoffman in 1998.
Remember half the crew watched, we watched Monty Python in Jimmy’s room, and then I went into Johnny Dowdle’s room, which was always fun to go into because it was like fantasy land. I mean it was like the biggest single person’s bedroom you’d ever seen.Where again was Georgeann? Jimmy said this to police in 1975, which gives me the impression that Georgeann was downstairs from where the boys claim to have watched Monty Python.
Jim: Uh, I didn’t have anything else to drink. I think Rushton had a drink, then went down to the library to see my sister.He also said this at trial.
Q. Do you have a sister, Georgeann?
A. I do.
Q. She was in the house?
A. She was.
Q. Did she watch the show with you or do you know where --
A No, she didn't watch it with us.
Q. She was in and out or where was she?
A. She was just in another section of the house.
Palmer knew about this discrepancy because Susann Gill told him about it during the oral arguments last February:
So just what is Palmer up to? He seems to be intentionally asserting facts that he must know aren't true. He did this before when he was the lone dissenter in the New Trial appeal. Is this a cry for help? Has someone gotten to him?
Palmer: I thought Ossorio, I could be wrong about this Ms. Gill, but I thought that he was in another room with his beau who was taking care of her child at the time and was sort of in and out of the two rooms, at some period of time watching the television, and another period of the time accompanying … Georgeann? Is that her name?
Palmer: And so he was not one of the core people who - Skakel family members - who basically sat there and watched the entire show. At least that’s my understanding. Is that your understanding of his testimony?
Gill: He did say we watched the entire show but he said he was in and out. But he also placed himself in a portion of the house which doesn’t correspond with where the alibi witnesses said they were watching TV. They said they were watching TV upstairs going between Jimmy Terrien’s bedroom and John Dowdle’s bedroom.
Robinson: But that was before the trial court. He got to weigh… Over here…
Gill: I’m sorry your honor.
Robinson: That was before the trial court. And he got to weigh those issues of credibility and weigh the evidence on those issues, right?
Gill: The original trial court?
Robinson: No, no. The habeas court.
Gill: The habeas court. Yes, and the habeas court credited as honest Denis Ossorio. But I’m saying that to make the assumption that this would have been such convincing testimony it would have resulted in a different verdict is a different matter.
As for Ossorio, just why did Bishop consider him "credible?" I'm not getting it. What is it Henry Lee used to say? "Something wrong."