Kennedy Kin to Be Tried in 1975 Slaying, Court Rules

A judge ruled Thursday that sufficient evidence exists to try Michael Skakel, a Kennedy cousin, in the 1975 killing of Martha Moxley, whose bludgeoned body was found on her family’s estate in Greenwich, Conn.

Skakel, a nephew of Sen. Robert F. Kennedy’s widow, Ethel, is charged with murder in the case that gained fresh national notoriety after it was the subject of books and a television movie.

In her opinion, Juvenile Court Judge Maureen Dennis ordered an inquiry to determine whether Skakel, now 39, should be tried as an adult or as a juvenile.

He was 15 when Moxley’s body was discovered lying under a pine tree. Her skull had been smashed and she had been stabbed through the neck with the shaft of a golf club.

Dennis said that a probation officer must investigate Skakel’s background--including his family life, mental and physical health and education--before she will decide whether to move the case to an adult court, as prosecutors have requested.

If found guilty as an adult, Skakel could receive life in prison.

The penalties in juvenile court are far more lenient. Some lawyers have gone so far as to predict that Skakel could escape punishment if convicted because, under 1975 Connecticut law, under-age defendants found guilty of murder and incarcerated at a juvenile facility were released when they became adults.

In her ruling in Stamford, Conn., Dennis determined that she had found credible the testimony of several of the prosecution’s principal witnesses during a hearing in June.

John Higgins and Gregory Coleman testified that Skakel had confessed to them 20 years ago when they all were attending the Elan School--a residential alcohol and drug treatment center.

“Having observed the conduct, demeanor and attitudes of these witnesses, the court finds them each to be credible,” Dennis said.

The judge added that there was testimony during the hearing that Skakel had been “attracted to and/or infatuated” with Moxley,

Dennis cited testimony from Coleman that the defendant told him he was trying to make advances toward Moxley and, when she refused, he “drove her skull in” with a golf club.

The 6-iron used in the killing was traced to the Skakel family.

The prosecution contends that Skakel should be tried as an adult because juvenile facilities in Connecticut lack the capacity to deal with a 39- or 40-year-old man.

Michael Sherman, the lawyer for Skakel, said that the judge’s ruling was not shocking and predicted that his client would be acquitted after a trial--whether it is held in a juvenile or an adult court.

He said that Skakel is anxious for the case to reach trial because, once all the evidence is presented, it would become clear he is not guilty.

Police and prosecutors for years had suspected Skakel’s older brother, Thomas, in the slaying. In January, Michael Skakel was arrested.

During the hearing, Coleman testified that Skakel said to him: “I am going to get away with murder. I’m a Kennedy.”

“Of even greater import is the fact that the respondent has twice made admissions that he committed the murder, and once even bragged that he was ‘going to get away with murder,’ ” Dennis wrote, repeating that testimony.

It was uncertain how long it would take probation authorities to complete their report or when the judge would decide the venue for the trial.