Treatment Abuse, Behavior Modification, Thought Reform > The Troubled Teen Industry
New Skakel trial likely to call expert to testify about Elan
Reddit TroubledTeens:
http://www.pressherald.com/news/nationw ... 04-15.html
Posted: April 15
Updated: Today at 2:40 PM
Skakel's trial attorney admits reluctance to call experts
The Kennedy cousin appeals his murder conviction by arguing that his lawyer failed to adequately defend him, including insufficiently challenging a witness who said Skakel confessed while at the Elan school in Maine.
By John Christoffersen / The Associated Press
VERNON, Conn. — The trial attorney for Kennedy cousin Michael Skakel said Tuesday he was reluctant to call experts at times during his murder trial because he worried about a "rich man's justice perception and we could just buy experts."
Michael Skakel
click image to enlarge
Michael Skakel listens during a parole hearing Oct. 24 at McDougall-Walker Correctional Institution in Suffield, Conn.
The Associated Press
Skakel's latest appeal trial began Tuesday with his former lawyer defending an accusation that he failed to competently defend Skakel when he was convicted of murder in 2002.
Skakel, the 52-year-old nephew of Robert F. Kennedy's widow, Ethel, is serving 20 years to life in prison for the 1975 golf club bludgeoning of Greenwich neighbor Martha Moxley when both of them were 15.
Skakel argues that during the 2002 trial, attorney Michael Sherman failed to challenge the state's star witness and obtain evidence pointing to other suspects, did a poor job with jury selection and closing arguments and didn't hire enough investigators and expert consultants.
Sherman, the first witness to take the stand in Rockville Superior Court in the appeal trial, said he had been confident before the 2002 trial that he would win. Sherman previously has said he did all he could to prevent Skakel's conviction.
Attorneys for Skakel argue that Sherman failed to challenge the state's star witness, Gregory Coleman, by finding witnesses who later rejected his claim that Skakel confessed to the crime. Coleman testified that Skakel confessed when they attended Elan, a reform school in Maine in the late 1970s, and said one of a few classmates he named may have heard it.
Sherman said Monday Coleman was "patently unbelievable so I never felt I needed a smoking gun to shoot down Mr. Coleman's testimony."
Sherman was also pressed by Skakel's current attorney, Hubert Santos, on whether he sought an expert to testify about Elan and whether he tried to get block Skakel's alleged confessions on the grounds that they were coerced. Sherman said he reached out to several people, including an expert on false confessions, but felt the expert wasn't needed because the defense contended Skakel never confessed.
"I didn't want to turn it into a rich man's justice perception and we could just buy experts," Sherman said.
Sherman also was pressed on why he didn't obtain a police sketch of a man seen walking near the Moxley property the night of the murder that Skakel's defense contends resembled an early suspect. Prosecutors say police concluded the sketch was of a neighbor.
Sherman said he did file motions seeking any sketches but didn't get them before trial. As Skakel's attorney put up the sketch next to a photo of the earlier suspect, Sherman acknowledged having the sketch would have been helpful.
Sherman also said he tried unsuccessfully to get a profile report on the suspect prepared by investigators, saying that also would have been helpful because investigators at the time backed up Skakel's alibi. Prosecutors say the report was hearsay and not admissible.
Santos questioned Sherman on why he didn't call witnesses to establish that the lead investigator planned to write a book on the case, saying that could have opened a broad new line of defense. Sherman said he tried unsuccessfully to find out about the book and acknowledged it could have been used in his defense.
Prosecutors say many of the issues were rejected in earlier appeals, including the book deal and issues related to the star witness.
Skakel, who lost a bid for parole last year, is hoping to get out of prison through a writ of habeas corpus arguing he was deprived of his constitutional right to effective legal representation when Sherman was his attorney.
Santos, Skakel's current attorney, argues his client's conviction is based on two witnesses of dubious credibility who claimed Skakel confessed to the crime. He contends the verdict likely would have been different if Sherman had conducted an appropriate investigation, obtained evidence and challenged inappropriate state evidence.
Prosecutor Susann Gill counters that Skakel's conviction came after more than a dozen witnesses testified that he made incriminating statements, including three direct confessions.
Skakel has lost two appeals before the Connecticut Supreme Court.
Matt C. Hoffman:
--- Quote from: "DannyB II" ---I already know that you may rip my head off because I am responding to your post but I felt compelled because I do feel he is guilty and that they did get the right guy. I do feel sorry for him because his family knew he did it and they felt paralyzed to do anything. His father Rushton knew he did it which is why he hired a very prestigious firm to handle an investigation which would produce the Sutton File.
The evidence that was used at trial had nothing to do with Mike being beaten into making a confession (I am not arguing the beating because I wasn't there) it had more to do with eye witness testimony from 2-3 people (ex-Elan residents) saying Mike confessed to the killing.
I also thought Mark Furman's book was compelling.
I was also brought before the grand jury (for proof I still have the subpoena) due to the fact that I did Mike's initial intake exam (which in reality was a question and answer session about the murder). I can still remember it, he laughed at every question and played games throughout the whole time we were in the conference room. I understood that he probably didn't take me seriously since we were both the same age, didn't come across as very intelligent nor like I knew what I was doing. But everyone who had picked me to do this interview already knew my lack of credentials but what they were banking on was that I could get a feel on where Mike was at. I feel I did and I came away with a strong gut feeling that Mike did commit this murder. I told this to Joe, to the Sutton Investigators and to Rushton Skakel himself. Did I have concrete proof hell no, Mike did not admit to the murder to me but then again IMO he did by his actions in that room that afternoon in August of 1978.
No I am not going to the trial, just as I didn't go to the one that convicted him. They tried to get me to go but I told them I have nothing to tell you because it is just my opinion, am I willing to put someone away for the rest of his life on just my opinion..NO. But I also don't feel sad that Mike is in prison either. Because in my heart of hearts I know he is GUILTY!
It took his wife less than a week to file divorce papers, get paid hush up money and move on. Shit what does that tell you?
--- End quote ---
Well you are certainly entitled to your own opinion- complete with glaring contradictions, which is expected, and the casual reader will pick them up rest assured, Danny Bennison.
I have not nor would I read anything written by Furhman, there are far too many good books out there that I would like to spend my time reading - Furhman does not fall into my category of that type of author that I would read. And Yes I love to read.
liarsexposed:
I was there for that GM,and signage. Mike never confessed to anything. After 4-5 rounds in the ring,panting like a dog,bruised and beaten.. there was no admission. He and I slept in beds opposite each other,and we talked all the time. I wouldnt say we were best friends,but you couldnt have a best friend in elan.
Was the mileu we were forced to live in
I had a couple conversations with Frank Garr,told him the same thing.. But he was stuck on finding,or making him guilty (not sure which). Joe's testimony,and others from the Elan circus,tainted the outcome of this trial
eye witness testimony from a known herion user,and a loser looking for cash is how this case came about.
Furman is and was a lying idiot long before the Skakel circus
The one who really makes me sad is Dorothy Moxley. She is missing her daughter. Im not sure she cared WHO was convicted,as long as someone paid the price
Unfortunately,justice was not served,and over 10 years later,its time to make right. Even if he DID do it,which I disbelieve. .The penalty,at that time,would've been Juvi Jail until Mike was 18.. Maybe 21
This is a miscarriage of justice IMO
Matt C. Hoffman:
It is good to see former residents testifying on a witness stand about the sadistic beatings and various beatdowns that people suffered at the direction of Joe Ricci's goon squard that ran that hellhole.
Constance Narayanan is a very brave woman to come forward and testify. It is funny how people telling the truth- their stories never change.
Maybe this time a competent lawyer will be able to show the judge and the rest of the world that Elan was a brutal ,sadistic, violent -soul eating hellhole. Children subjected to such intense psychological techniques of coercion, intimidation, cuppled with the physical aspect of beatings and the ring beatdowns - should render anything that Mike skakel may or may not have addmitted to, as inadmissible in any American court of law.
Rendering all witnesses testimonies pertaining to what Mike may have said or not said inadmissible, any competent lawyer worth their salt should be able to show this and prove this.
Maybe former survivors of Elan like myself and others will finally get the justice and acknowledgement that we deserve and need for complete closure of this horrible chapter in our lives.
May Martin Kruglik , Jeffery Gottlieb, Sharon Terry , former state Sentator Bill Diamond and Ed McColl get the justice that they so badly need and many of us seek for them, for brutal crimes of severe sadistic child abuse. I truly believe Elan was a criminally run continuing enterprise, that fraudulently existed for close to 40 years.
Those aforementioned people ,Martin Kruglik ,Jeffery Gottlieb and Sharon Terry and their Lawyer and the former state senator Bill Diamond in my opinion aided and abetted Joe ricci in helping him run such a criminal operation.
Former senator, Mister Bill Diamond in my opinion, used his position and connections with the Maine state legistlature to make sure that elan was protected and stayed protected, for years and years. Mister Diamond advocated for abused children,though not children that were being abused in elan, a unique double standard. Bill Diamond actually had the gall to write a book about horrible child abuse and in my opinion is one of the biggest frauds and two faced politicians known to man.
Bill Diamond worked for elan, as he stated in the book -Duck in a Raincoat by Maura Curley.
Elan abused children for massive profits, profits derived from many other state's coffers, in the most grotesque fashion unimaginable to every day people,and it continued for close to forty long years.
I honestly don't believe Mike Skakel is guilty, from what I know first hand about the Elan machine of emotional and physical torture.
Matt C. Hoffman
http://www.greenwichtime.com/local/arti ... to-4485366
DannyB II:
--- Quote ---It is good to see former residents testifying on a witness stand about the sadistic beatings and various beatdowns that people suffered at the direction of Joe Ricci's goon squard that ran that hellhole.
Constance Narayanan is a very brave woman to come forward and testify. It is funny how people telling the truth- their stories never change.
Maybe this time a competent lawyer will be able to show the judge and the rest of the world that Elan was a brutal ,sadistic, violent -soul eating hellhole. Children subjected to such intense psychological techniques of coercion, intimidation, cuppled with the physical aspect of beatings and the ring beatdowns - should render anything that Mike skakel may or may not have addmitted to, as inadmissible in any American court of law.
Rendering all witnesses testimonies pertaining to what Mike may have said or not said inadmissible, any competent lawyer worth their salt should be able to show this and prove this.
Maybe former survivors of Elan like myself and others will finally get the justice and acknowledgement that we deserve and need for complete closure of this horrible chapter in our lives.
May Martin Kruglik , Jeffery Gottlieb, Sharon Terry , former state Sentator Bill Diamond and Ed McColl get the justice that they so badly need and many of us seek for them, for brutal crimes of severe sadistic child abuse. I truly believe Elan was a criminally run continuing enterprise, that fraudulently existed for close to 40 years.
Those aforementioned people ,Martin Kruglik ,Jeffery Gottlieb and Sharon Terry and their Lawyer and the former state senator Bill Diamond in my opinion aided and abetted Joe ricci in helping him run such a criminal operation.
Former senator, Mister Bill Diamond in my opinion, used his position and connections with the Maine state legistlature to make sure that elan was protected and stayed protected, for years and years. Mister Diamond advocated for abused children,though not children that were being abused in elan, a unique double standard. Bill Diamond actually had the gall to write a book about horrible child abuse and in my opinion is one of the biggest frauds and two faced politicians known to man.
Bill Diamond worked for elan, as he stated in the book -Duck in a Raincoat by Maura Curley.
Elan abused children for massive profits, profits derived from many other state's coffers, in the most grotesque fashion unimaginable to every day people,and it continued for close to forty long years.
I honestly don't believe Mike Skakel is guilty, from what I know first hand about the Elan machine of emotional and physical torture.
Matt C. Hoffman
http://www.greenwichtime.com/local/arti ... to-4485366
--- End quote ---
Mike, killed her in 1975, he didn't get to Elan until 1978. The admission of guilt that Mike confessed to this one resident at Elan in particular was extremely compelling and went towards convicting him as were the lies he told the police concerning his where abouts during the hours before, during and after the murder. Martha Moxely was beaten to death with a golf club, a portion of the shaft was imbedded in her chest.
Sorry, I have no sympathy for this sick fuck. He knows he did it, his brother and his family knows. They just don't believe someone from his pedigree should be sent to prison for life or sent to prison at all. I really don't think Micky Sherman's incompetence really played a part, but we will see. Shit.....OJ Simpson walked away scott free, so stranger things have happened. He is getting more chances at proving his innocents than you or I would ever have, all because of who he is.
Your characterization of Elan goes without argument from me. It was one of the worst places I had ever been sent to. I absolutely got nothing out it, except the friends I met and who I still stay in touch with today.
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