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Judge orders new trial for Kennedy kin

He rules Skakel had poor lawyer in original murder trial

The Columbian
Published: October 23, 2013, 5:00pm

HARTFORD, Conn. — In a long and biting decision, a state judge Wednesday set aside Kennedy cousin Michael Skakel’s murder conviction and ordered his retrial in the 1975 death of Greenwich teen Martha Moxley because of the glaring ineffectiveness of Skakel’s original trial lawyer.

Judge Thomas Bishop devoted long stretches of his 136-page decision, dated Wednesday, to a harsh critique of Skakel’s original trial lawyer, Michael Sherman. Skakel is about halfway through a 20-years-to-life prison sentence for Moxley’s murder.

“Defense counsel was in a myriad of ways ineffective,” Bishop wrote. “The defense of a serious felony prosecution requires attention to detail, an energetic investigation and a coherent plan of defense capably executed. Trial counsel’s failures in each of these areas of representation were significant and, ultimately, fatal to a constitutionally adequate defense.

“As a consequence of trial counsel’s failures as stated, the state procured a judgment of conviction that lacks reliability,” Bishop wrote.

Skakel won the new trial following a long and last-ditch habeas corpus hearing in Superior Court earlier in the year. Skakel’s appellate lawyers based their argument for a new trial on grounds that Sherman’s original defense was ineffective.

Until Wednesday, Skakel, 52 and a nephew of Robert Kennedy’s widow, Ethel, had been battling without success for more than a decade to overturn his conviction in a murder in an upscale New York suburb.

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