MICHAEL SKAKEL FREED ON ON BAIL

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    MICHAEL SKAKEL FREED ON ON BAIL

    Michael Skakel was freed on bail Thursday. 

    I for one feel very very sorry for the victim's family. I never thought they were going to see justice on what was a cold case when Skakel did get convicted, finally, in 2002. Now, in what seems a most absurd ruling, and is being appealed, it has been decided that Skakel did not have adequate legal representation from his attorney Michael Sherman.

    Sherman at the time was one of the most expensive and successful defense attorneys in the country. To have won on this isssue is beyond absurd.

     

     

     

    . (AP) — Kennedy cousin Michael Skakel was freed on bail Thursday while prosecutors in Connecticut appeal a ruling giving him a new trial in the 1975 slaying of neighbor Martha Moxley.

    Skakel, the 53-year-old nephew of Robert F. Kennedy’s widow, Ethel, touched his hand to his chest and looked back at his supporters in the courtroom, his brothers among them, as the judge set bail at $1.2 million. He has been in prison more than 11 years on a sentence of 20 years to life but walked out of court a couple of hours after the hearing in Stamford Superior Court.

    As conditions of the bail, the judge ordered that Skakel live in Connecticut and wear a GPS tracking device. His lawyer has not said where he'll live.

    ‘‘He’s one of the most recognized faces of America, so he’s not going anywhere,’’ defense attorney Hubert Santos said, noting that Skakel always showed up for court appearances. Santos said after the hearing ended that Skakel was ‘‘very happy’’ about the outcome.

    A judge ruled last month that Skakel’s trial attorney, Michael Sherman, failed to adequately represent Skakel in 2002 when he was convicted in Moxley’s bludgeoning with a golf club in wealthy Greenwich when they were both 15. Judge Thomas Bishop said Sherman failed to locate a witness who backed up Skakel’s alibi that he was at his cousin’s house the night of the murder and failed to find a man who challenged a star witness’s claim that Skakel confessed.

    ‘‘This is the first step in correcting a terrible wrong,’’ the Skakel family said in a statement. ‘‘We look forward to Michael being vindicated and justice finally being served.’’

    Outside court, Moxley’s brother John and mother, Dorthy, said they disagreed with the bail decision, continue to believe Skakel killed Martha and are confident he will be convicted again at a new trial.

    ‘‘I'm disappointed. ... I guess we knew that the day would come,’’ Dorthy Moxley said. ‘‘I wasn’t completely destroyed, but I wish it didn’t happen.’’

    Added John Moxley, ‘‘We have nothing to say to Michael.’’

    Robert Kennedy Jr., who campaigned to overturn Skakel’s conviction, had said this week that he felt ‘‘pure joy’’ that his cousin was expected to be released. Skakel has seen his son only a handful of times since he was sent to prison, he said.

    ‘‘Everybody in my family knows that Michael is innocent,’’ Kennedy said Tuesday. ‘‘He was in jail for over a decade for a crime he didn’t commit. The only crime that he committed was having a bad lawyer.’’

    Santos, had argued that Skakel should be released immediately, saying that the ruling makes him an innocent defendant awaiting trial and that he was not a flight risk. Santos also argued prosecutors were highly unlikely to win their appeal, a contention prosecutors dispute.

    The case was considered a big challenge for prosecutors because of issues including the age of the crime and the lack of forensic evidence. Michael Skakel was convicted after a trial that focused on testimony that he confessed or made incriminating statements over the years.

    Both Sherman and prosecutors defended his handling of the case.

    Skakel’s older brother Thomas was an early suspect in the case because he was the last person seen with the victim, and Bishop said in his ruling that Michael Skakel’s defense should have focused more on Thomas.

    © Copyright  2013 Associated Press. 
     
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    Re: MICHAEL SKAKEL FREED ON ON BAIL


    prestige and politics!

     
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    Re: MICHAEL SKAKEL FREED ON ON BAIL

    Not a fan of the Kennedys, but from what I have read, this "cold case" conviction  was very troubling , there seems a lot of doubt whether Skakel did the crime.

     
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    Re: MICHAEL SKAKEL FREED ON ON BAIL

    In response to WhatDoYouWantNow's comment:
    [QUOTE]

    In response to andiejen's comment:

    [QUOTE]

     

    Sherman at the time was one of the most expensive and successful defense attorneys in the country. To have won on this isssue is beyond absurd.

     

    [/QUOTE]


     

    I don't know the facts of the case, but I do note that even the best criminal defense attornies can provide ineffective assistance of counsel in particular cases.

    According to the article, the attorney failed to locate two crucial witnesses - witnesses that would be all the powerful in light of a lack of physical evidence.

    What portion of the legal ruling is beyond absurd in particular?

     

     

    [/QUOTE]

    WDYWN,

    This case was huge when it finally came to trial. It was a cold case that most nobody thought would ever produce a trial. 

    Because of the Kennedys and the Skakels mainly, it was one of those big celebrity circus trials.

    You do appellate work. You know it takes a lot to get a murder charge overturned on the basis of ineffective counsel. My God, lawyers have literally fallen asleep during a trial and the defendent still has lost on these grounds.

    Michael "Mickey" Sherman did not fall asleep. Sherman, in 2002, as I posted, was one of the most expensive and effectives criminal defense lawyers in the country. He and his team did exhaustive investagative work on this case.

    The judge, in his 150 plus page ruling says Sherman should have spent more time pointinf the finger at Michael's brother, Thomas. That is a judgment call. Not ineffective counsel. Many people belive, and still do, that they were both involved in the killing.

    The two witnesses not found include a new tutor to the Skakel house whom Michael "says" can give him an alibi. 

    The other witness was in rehab with Michael when Michael made his "confession"...one of many. This witness Michael "says" can refute the one he made in rehab...or did not make.

    That is as short as I can make it WDYWN. A couple of witnesses that were not found that may or may not have said what Skakel said they would say, and of course what weight if any the jury would place on their testimony if they had testitified and a call to to point the finger harder at Thomas.

    IMO that is why I think the ruling is absurd and hope it is overturned. I am also very surprised because Skakel has had many appeals turned down during his years.

    (Btw, do I get credit for keeping up with your new name? Or going back to your old name rather?)

     
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  6. You have chosen to ignore posts from andiejen. Show andiejen's posts

    Re: MICHAEL SKAKEL FREED ON ON BAIL

    In response to WhatDoYouWantNow's comment:

    In response to andiejen's comment:
    [QUOTE]

    (Btw, do I get credit for keeping up with your new name? Or going back to your old name rather?)



    Credit?

     

     

    This one wasn't working for a while so I created the other. Then some BDC conservatives reported it until they deactivated it. But curiously, this one started working again.

    We'll see how long it takes until they report it into oblivion.

    [/QUOTE]

    WDYWN,

    By credit I just meant I noticed the change. When this name stopped working and you created NWDYW, I just took note that some posters had not noticed the change since they were still addressing you as WDYWN. Just me being "anal" I think, or too much time in the house.

    I do not understand all this reporting. Debate by deletion is fruitless as well as a huge waste of time and energy. Nobody "wins" and it sometimes casts suspicion on the wrong posters.

    Only bright spot is this forum is way ahead of the Articles on this issue. I still post there sometimes. Something like 1/3 of the Michael Skakel comments were removed. 

    Btw, the attempt to clear slates and even meet came out of the blue to me. For what it is worth, I am really impressed for lack of a better term. I have read a lot of the nastiness that has fallen your way in my time here. To be one of the central posters pushing for this says a lot about you IMO.

     
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  8. You have chosen to ignore posts from andiejen. Show andiejen's posts

    Re: MICHAEL SKAKEL FREED ON ON BAIL

    In response to Bill-806's comment:
    [QUOTE]

    Kenney blood runs deep !!!!

    [/QUOTE]

    Bill-806,

    As has been pointed out more then once...Michael Skakel is not, I repeat, is not a Kennedy.

    And though I do not agree with the judge's decision to overturn the decision and grant him a new trial, by law, right now, he is not guilty of this crime.

    If you do not believe me, ask your own lawyer.

    This is criminal law 101.

    Further, he is no more responsible, good and bad, for anything any Kennedy has done then any of us are responsible for anything our own relatives have done. Not under our system of jurisprudence. Even if he were a Kennedy he would not be responsible.

    To make it crystal clear...if your brother commits murder, for eg., you are neither morally nor legally responsible for that act. If you do not agree with that, then logic follows you should go to jail right along side with him...or be executed as the case may be.

    I am pretty sure you are glad you are NOT legally responsible for the illegal acts of your blood relatives. I am pretty that applies to the rest of us as well.

     
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  10. You have chosen to ignore posts from andiejen. Show andiejen's posts

    Re: MICHAEL SKAKEL FREED ON ON BAIL

    In response to Bill-806's comment:
    [QUOTE]

    In response to andiejen's comment:
    [QUOTE]

    In response to Bill-806's comment:
    [QUOTE]

    Kenney blood runs deep !!!!

    [/QUOTE]

    Bill-806,

    As has been pointed out more then once...Michael Skakel is not, I repeat, is not a Kennedy.

    And though I do not agree with the judge's decision to overturn the decision and grant him a new trial, by law, right now, he is not guilty of this crime.

    If you do not believe me, ask your own lawyer.

    This is criminal law 101.

    Further, he is no more responsible, good and bad, for anything any Kennedy has done then any of us are responsible for anything our own relatives have done. Not under our system of jurisprudence. Even if he were a Kennedy he would not be responsible.

    To make it crystal clear...if your brother commits murder, for eg., you are neither morally nor legally responsible for that act. If you do not agree with that, then logic follows you should go to jail right along side with him...or be executed as the case may be.

    I am pretty sure you are glad you are NOT legally responsible for the illegal acts of your blood relatives. I am pretty that applies to the rest of us as well.

    [/QUOTE]Sorry, the only reason he is free is because he could "name drop" better than you & I .....   Just saying !!!


    [/QUOTE]


    Bill,

    Skakel has had numerous appeals denied over ther years. Truth be told, the fact this one was successful caught myself and many many other people by surprise.

    The appellate process is expensive. The fact he could file so many appeals attests to the fact is has access to more money then most convicted felons.

    It is only pure speculation that this judge had any special affinity for his ties to the Kennedy familiy.

    I am happy to concede that our system of jurisprudence is not perfect. It gives you a chance at attaining justice...not a gurantee. And that chance is usually for people with more wealth.

    And for the record, lawyers who choose to represent low-income people in the criminal defense system are not paid very well. (If you have not already taken note, that is what WDYWN does for a living.) This is not a reflection on their skills whatsoever. The fact that many do it for the life of their careers is commendable to say the least.

    I am also not aware of a better system of jurisprudence in the world.

     

    Btw, Bill, for what it may be worth. when you do a post such as this versus the one before, I for one am much more inclined to put in the time and energy to compose a reply. All posters of course choose whom to debate with and whom to skip over. For me, if a poster has put in some thought and reasoning I am much more inclined to take the time to have a dialogue with him or her. This position is the same whether I agree with them or not.

     
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