Skakel defense rests in 1975 murder trial Expert testifies on time of teen’s death

NORWALK, Conn. – The defense lawyer for Kennedy cousin Michael Skakel rested his case Tuesday after calling a medical expert who estimated Martha Moxley’s time of death at 10 p.m. – a time that conforms with Skakel’s alibi.

Skakel, 41, is charged with beating Moxley to death with a golf club on Oct. 30, 1975, when they were 15-year-old neighbors in Greenwich. Skakel is a nephew of Robert F. Kennedy’s widow, Ethel Kennedy.

Dr. Joseph Jachimczyk of Houston said he estimated the time of death based on the degree of rigor mortis in Moxley’s body, reports of barking dogs in the area, the girl’s curfew, the autopsy report and the contents of her stomach at the time of death.

But on cross-examination, Jachimczyk acknowledged the difficulty in estimating time of death, and said his estimate could be off by an hour in either direction.

Skakel has said he was visiting a cousin’s house in another part of Greenwich at 10 that night.

The state’s own medical examiner said he could not pinpoint a time of death, saying it could have been any time between 9:30 p.m. Oct. 30 and 5 a.m. Oct. 31.

Skakel did not testify in his own defense, but has steadfastly denied any involvement in Moxley’s slaying. Defense lawyer Michael Sherman said there was no need to call him as a witness, noting that prosecutors played a tape of Skakel describing his movements.

“He always wanted to take the stand. It was my call, not his,” Sherman said.

Earlier, jurors heard from Skakel’s 43-year-old brother, John, who stood by a statement he gave to police in 1975 that Michael Skakel was among the family members who traveled to their cousin’s house.

But under cross-examination he admitted he could no longer recall who made that trip.

“I’d love nothing more than to have a clearer memory,” he said.

Prosecutor Jonathan Benedict is expected to call several rebuttal witnesses on Wednesday, including Julie Skakel, Michael Skakel’s sister.

A subpoena also was issued for Newsday reporter Leonard Levitt, who has long covered the Moxley case. The reason for the subpoena was not immediately clear.