-Caveat Lector-

SMIRKING SKAKEL
TRIES TO KO CASE

By ANGELA C. ALLEN
-------------------------------------------------------------------
-------------

 TIME OUT:
Michael Skakel (left) leaves Stamford, Conn., Superior Court
yesterday after his lawyers argued that the case against him is too
old and should be tossed.
- Associated Press

August 16, 2001 -- STAMFORD, Conn. - Kennedy cousin Michael Skakel
appeared to smirk at the family of Martha Moxley yesterday as his
lawyers argued to dismiss 25-year-old murder charges against him.
Skakel, the 40-year-old nephew of Ethel Kennedy, turned from his
seat in Stamford Superior Court several times to look at the mother
and brother of Martha, the 15-year-old neighbor of Skakel's who was
found bludgeoned to death with a golf club in 1975.

"We're always going to be there," said brother John Moxley.

"He knows we're coming. He was looking over his shoulder to see
who's following him."

While the families glared at each other, Skakel's lawyers argued
that the state took too long to try his case.

Defense lawyer David Grudberg said that at the time of the slaying,
a five-year statute of limitations was in effect for murder
charges, except in cases carrying the death penalty.

But prosecutor Jonathan Benedict said the law "was never intended
to provide a limit to the prosecution of . . . intentional murder."

Judge John Kavanewsky said he would rule on the motion later.

Another defense lawyer, Michael Sherman, promised that Skakel would
provide an alibi for his whereabouts on the night Moxley was
killed.

But Kavanewsky rejected Sherman's motion to force the prosecution
to narrow its estimate of the time of the murder. Benedict said
forensics experts cannot be any more specific than some time
between 9:30 p.m. on Oct. 30, 1975, and 5 a.m. the following day.

"It's kind of difficult to deal with such a wide range," Sherman
said.

Outside court, he refused to say whether his client's alibi covers
the entire period.


Holdings, Inc. Copyright 2001 NYP Holdings, Inc. All rights
reserved.

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