STAMFORD, Conn. – The recent death of a key witness may change the dynamics of the murder case against Kennedy cousin Michael Skakel, who faces a second court hearing this week to determine if enough evidence exists to proceed to trial, both sides said Monday.
Neither side expects testimony in the second probable cause hearing, which starts Wednesday, to be radically different from the first. After a dramatic, three-day hearing last year a juvenile court judge found there was enough evidence to move ahead, but that process must be repeated because the case was transferred to adult court.
“There won’t be any surprises,” said Frank Garr, an inspector with the state’s attorneys office and the lead investigator on the case.
Michael Sherman, Skakel’s defense attorney, agreed. But Sherman said he may call different witnesses, depending on what prosecutors present.
And the two sides say the death of a former schoolmaster from Maine may encourage others to come forward with information about the case.
Skakel, 40, is charged in the October 1975 beating death of Martha Moxley, who was bludgeoned with a golf club on her wealthy family’s Greenwich estate. Skakel and Moxley were both 15 at the time.
No arrests were made for more than 24 years. Skakel was charged in the killing in January 2000 and later arraigned as a juvenile. A judge ruled in January that Skakel should be tried as an adult.
Skakel is the son of Rushton Skakel, the brother of Robert F. Kennedy’s widow, Ethel.
The first probable cause hearing focused on alleged confessions Skakel made while a resident at the Elan School, a substance abuse treatment center in Poland Spring, Maine.
One student, John Higgins, said Skakel confessed to him one night 20 years ago during an erratic, tearful conversation. But Higgins admitted he lied to investigators when they first asked him about the alleged confession. He also admitted asking about a $50,000 reward in the case.
Gregory Coleman, another former Elan student, said Skakel told him he shattered Moxley’s skull with a golf club and declared: “I’m gonna get away with murder. I’m a Kennedy.”
Coleman went on to describe his own life filled with alcoholism, drug addiction, a criminal record and homelessness, at times living under a bridge.
Two other Elan students testified for the defense that they never heard Skakel confess.
Joseph Ricci, the founder of the Elan School in Maine, had also insisted that Skakel never made any admissions while a student there. Ricci, who testified before a grand jury but not at the probable cause hearing, died in January.
John Moxley, Martha Moxley’s brother, said Monday that Ricci had a “cult-like” status at Elan and felt strongly that what occurred there should remain confidential.
“I think he was an intimidating factor,” Moxley said. “With him being gone, I think it could open some doors for us.”
Sherman agreed that more Elan students are likely to testify as a result of Ricci’s death. But Sherman said former students have come forward since Ricci’s death with information that could aid the defense.
“All I could say is they’ve been very helpful,” Sherman said.
Sherman would not say how many students had come forward, but said there was more than one.
There was some question about whether Ricci would have been a witness, Sherman said. But Sherman also has said he would try to introduce Ricci’s grand jury testimony during a trial.
Garr would not comment on potential witnesses. State’s Attorney Jonathan Benedict has said there are witnesses who could be called for a trial beyond those who were called at the probable cause hearing.
Moxley said he is “cautiously optimistic” the second hearing will result in another finding of probable cause.
Sherman said the second hearing is entirely separate from the first and said he’s won probable cause hearings before, although he admitted that such victories are not common.
Moxley said his mother, Dorthy, will attend the hearing Wednesday along with his aunt, who is flying in from Kansas.
Two Kennedy cousins, Robert Kennedy Jr. and Douglas Kennedy, attended the first probable cause hearing, but Sherman said he was not sure if any Kennedys would attend this week’s proceedings.
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