Skakel Seeks Death Case Dismissal

Kennedy family cousin Michael Skakel asked a judge Wednesday to dismiss 25-year-old murder charges against him, arguing the state took too long to try the case.

Defense lawyer David Grudberg argued that in 1975, a five-year statute of limitations was in effect on murder cases, except for cases that could carry the death penalty.

Prosecutors say murder prosecutions are not subject to any statute of limitations. State law was changed in 1976 to eliminate time limits for prosecuting serious felonies, including murder.

Superior Court Judge John F. Kavanewsky Jr. did not immediately rule.

Martha Moxley was 15 when she was found bludgeoned to death in 1975. Skakel, 40, the nephew of the late U.S. Sen. Robert F. Kennedy, lived next door and was also 15 at the time.

Moxley’s body was discovered shortly before noon on Oct. 31. She had been killed with a golf club that matched a set owned by the Skakel family.

Kavanewsky ordered Skakel to provide a formal alibi for the night of the killing. The judge refused to order the prosecution to narrow its estimate of the time Moxley was killed.

Prosecutor Jonathan Benedict said forensics experts cannot be any more specific than sometime between 9:30 p.m. Oct. 30, 1975, and 5 a.m. the next day.

Outside court, defense lawyer Michael Sherman declined comment when asked whether Skakel has an alibi for the entire time.

Prosecutors agreed to give the defense a list of the witnesses they plan to call from the Elan School, a treatment center Skakel attended as a teenager. Former students have given conflicting testimony on whether Skakel confessed to Moxley’s killing.

Kavanewsky rejected Sherman’s request for the psychiatric or psychological records of prosecution witnesses, including students from the school. The judge said specific requests could be discussed during the trial.

Moxley’s mother, Dorthy, said after the hearing that she was not worried about the case being thrown out.