Skakel attorneys
ask high court for new trial
HARTFORD -- In another bid for freedom, Michael Skakel's defense team Thursday asked the state Supreme Court to grant a new trial for the Kennedy cousin convicted of murder, saying credible evidence including videotaped testimony points to two other men as the killers of Martha Moxley.
Justice Richard Palmer called the videotape "pretty compelling" during oral arguments held before the court Thursday afternoon in Hartford, though he and the four other justices on the panel pressed the defense on why there were no witnesses to back up the story of Gitano "Tony" Bryant.
Bryant, a former Brunswick School student, claims two of his friends killed Moxley.
"If he was telling the truth, why did no one else in
Bob Child/Associated Press Martha Moxley s mother, Dorthy Moxley, above left, looks up at John Moxley, Martha s brother, as they talked to reporters outside the state Supreme Court in Hartford Thursday. The court heard arguments as to why the 2002 conviction of Michael Skakel on charges he murdered 15-year-old Martha Moxley in 1975 should or should not be thrown out.
Greenwich have any recollection of those three guys being there?" Palmer said.
Justice Joette Katz asked how Bryant and one of the two men -- both black males described as weighing 200 pounds at the time -- could go unnoticed in the predominately white, gated community of Belle Haven in Greenwich.
"Wouldn't that be hard to miss among this crowd?" Katz said. Bryant is a cousin of NBA star Kobe Bryant.
Prosecutors said Bryant's story is a lie and asked the court Thursday to uphold Skakel's conviction.
Skakel, who is a nephew of Ethel Skakel Kennedy, was sentenced to 20 years to life in prison in 2002 for brutally beating Moxley to death with a golf club on Halloween night in 1975 when they were both 15. His conviction came after nearly two decades during which the murder remained unsolved. Skakel has maintained his innocence throughout.
In 2007, state Superior Court Judge Edward Karazin denied Skakel's bid for a new trial based on the Bryant evidence, ruling it was not credible. However, the state Supreme Court has the authority to overrule that decision.
Hartford-based defense attorney Hubert Santos said there were no witness accounts backing up Bryant's story because Greenwich police did a "sloppy" job of investigating.
However, Palmer said he found that hard to believe.
Santos said two hairs found on a sheet used to wrap Moxley's body at the crime scene further corroborated Bryant's story because one friend had African-American characteristics and the other had Asian characteristics, according to court documents. Adolph Hasbrouck is African American, and Burt Tinsley has been described as being mixed race with Asian ancestry.
In the video, which was not shown before the court, Bryant said Hasbrouck and Tinsley talked about wanting to "go caveman" on Moxley and later said "we did what we had to do."
Hasbrouck and Tinsley have said they had nothing to do with Moxley's death.
Santos said that in addition to the testimony, it was noteworthy that all three men, including Bryant, exercised their Fifth Amendment right against self-incrimination when asked to testify under oath about their whereabouts that night.
"That should raise a question," Santos said.
However, Senior Assistant State's Attorney Susann Gill told the judges not to read into the men taking the Fifth Amendment, painting a picture of Bryant as a man who just wanted to "feel important" but ultimately possessing no real credibility. Palmer asked Gill prosecutors why they didn't grant Bryant immunity to force him to speak on the record if they were sure his claims were phony.
"The state is not in the habit of granting immunity to people whose credibility we think is worthless," Gill said.
A controversial book about the Moxley murder published by former Newsday reporter Leonard Levitt and retired lead police investigator Frank Garr also was brought up by the defense, who claimed the deal was in the works during the trial, tainting the outcome.
Santos alleged that Garr was paid $7,000 during a meeting with Levitt about the book immediately after the trial.
"Am I the only one who is shocked by this?" said Santos, noting that the book deal is all the more reason why a new trial should be granted.
In defense of the state, Gill referred to a Superior Court judge's decision based on sworn testimony from Levitt and Garr, which determined there was no agreement or deal in the works during the trial.
Though Michael Skakel was not present for the hearing, his brother Steven Skakel sat in the front row.
"It still amazes me that the lead investigator had a book deal throughout the trial," Skakel said after the hearing, adding that it was hard to read the court's reaction to Thursday's arguments.
Skakel also said he did not see why Bryant would fabricate the story.
"It should be up to a jury to decide," Skakel said.
Dorthy Moxley, Martha Moxley's mother, also sat in on Thursday's hearing with her son, John Moxley. She said she felt "confident" the book deal was not arranged until after the trial. Moxley also felt Bryant's story was completely "made up."
Moxley said while she hoped the court hearings would end here, she understood a long road likely lies ahead.
"As a victim, it will never just go away," she said. "This is your life, so you might as well accept it."
The court did not indicate when it will make its decision.
-- Staff Writer Debra Friedman can be reached at debra.friedman@scni.com or 625-4439.
One justice calls story 'compelling,' but others have doubts
Posted: 03/26/2009 08:02:30 PM EDT
Updated: 03/27/2009 09:08:15 AM EDT
HARTFORD -- In another bid for freedom, Michael Skakel's defense team Thursday asked the state Supreme Court to grant a new trial for the Kennedy cousin convicted of murder, saying credible evidence including videotaped testimony points to two other men as the killers of Martha Moxley.
Justice Richard Palmer called the videotape "pretty compelling" during oral arguments held before the court Thursday afternoon in Hartford, though he and the four other justices on the panel pressed the defense on why there were no witnesses to back up the story of Gitano "Tony" Bryant.
Bryant, a former Brunswick School student, claims two of his friends killed Moxley.
"If he was telling the truth, why did no one else in
Bob Child/Associated Press Martha Moxley s mother, Dorthy Moxley, above left, looks up at John Moxley, Martha s brother, as they talked to reporters outside the state Supreme Court in Hartford Thursday. The court heard arguments as to why the 2002 conviction of Michael Skakel on charges he murdered 15-year-old Martha Moxley in 1975 should or should not be thrown out.
Greenwich have any recollection of those three guys being there?" Palmer said.
Justice Joette Katz asked how Bryant and one of the two men -- both black males described as weighing 200 pounds at the time -- could go unnoticed in the predominately white, gated community of Belle Haven in Greenwich.
"Wouldn't that be hard to miss among this crowd?" Katz said. Bryant is a cousin of NBA star Kobe Bryant.
Prosecutors said Bryant's story is a lie and asked the court Thursday to uphold Skakel's conviction.
Skakel, who is a nephew of Ethel Skakel Kennedy, was sentenced to 20 years to life in prison in 2002 for brutally beating Moxley to death with a golf club on Halloween night in 1975 when they were both 15. His conviction came after nearly two decades during which the murder remained unsolved. Skakel has maintained his innocence throughout.
In 2007, state Superior Court Judge Edward Karazin denied Skakel's bid for a new trial based on the Bryant evidence, ruling it was not credible. However, the state Supreme Court has the authority to overrule that decision.
Hartford-based defense attorney Hubert Santos said there were no witness accounts backing up Bryant's story because Greenwich police did a "sloppy" job of investigating.
However, Palmer said he found that hard to believe.
Santos said two hairs found on a sheet used to wrap Moxley's body at the crime scene further corroborated Bryant's story because one friend had African-American characteristics and the other had Asian characteristics, according to court documents. Adolph Hasbrouck is African American, and Burt Tinsley has been described as being mixed race with Asian ancestry.
In the video, which was not shown before the court, Bryant said Hasbrouck and Tinsley talked about wanting to "go caveman" on Moxley and later said "we did what we had to do."
Hasbrouck and Tinsley have said they had nothing to do with Moxley's death.
Santos said that in addition to the testimony, it was noteworthy that all three men, including Bryant, exercised their Fifth Amendment right against self-incrimination when asked to testify under oath about their whereabouts that night.
"That should raise a question," Santos said.
However, Senior Assistant State's Attorney Susann Gill told the judges not to read into the men taking the Fifth Amendment, painting a picture of Bryant as a man who just wanted to "feel important" but ultimately possessing no real credibility. Palmer asked Gill prosecutors why they didn't grant Bryant immunity to force him to speak on the record if they were sure his claims were phony.
"The state is not in the habit of granting immunity to people whose credibility we think is worthless," Gill said.
A controversial book about the Moxley murder published by former Newsday reporter Leonard Levitt and retired lead police investigator Frank Garr also was brought up by the defense, who claimed the deal was in the works during the trial, tainting the outcome.
Santos alleged that Garr was paid $7,000 during a meeting with Levitt about the book immediately after the trial.
"Am I the only one who is shocked by this?" said Santos, noting that the book deal is all the more reason why a new trial should be granted.
In defense of the state, Gill referred to a Superior Court judge's decision based on sworn testimony from Levitt and Garr, which determined there was no agreement or deal in the works during the trial.
Though Michael Skakel was not present for the hearing, his brother Steven Skakel sat in the front row.
"It still amazes me that the lead investigator had a book deal throughout the trial," Skakel said after the hearing, adding that it was hard to read the court's reaction to Thursday's arguments.
Skakel also said he did not see why Bryant would fabricate the story.
"It should be up to a jury to decide," Skakel said.
Dorthy Moxley, Martha Moxley's mother, also sat in on Thursday's hearing with her son, John Moxley. She said she felt "confident" the book deal was not arranged until after the trial. Moxley also felt Bryant's story was completely "made up."
Moxley said while she hoped the court hearings would end here, she understood a long road likely lies ahead.
"As a victim, it will never just go away," she said. "This is your life, so you might as well accept it."
The court did not indicate when it will make its decision.
-- Staff Writer Debra Friedman can be reached at debra.friedman@scni.com or 625-4439.
