The family of Marthy Moxley, including her mother, Dorthy Moxley, arrives at the State of Connecticut Superior Court on Thursday, November 21, 2013.
Photo: Lindsay Perry
STAMFORD, Conn. -- Michael Skakel is a free man -- for now.
Imprisoned for the past 12 years for the 1975 slaying of Greenwich teenager Martha Moxley, the nephew of the late Robert F. Kennedy was granted bail Thursday while he awaits a new trial.
Skakel, 53, posted a bond of $1.2 million in state Superior Court in Stamford, $700,000 more than his lawyers requested.
Skakel was ordered to wear a GPS ankle bracelet, remain in Connecticut and have no contact with the Moxley family.
After Judge Gary White announced the terms of the release, Skakel's lawyer Hubert Santos said "We're prepared to post bond now."
After hearing White's decision, Skakel patted his heart and smiled at his family and friends who applauded.
A bond hearing was held in Stamford Superior Court. It is focused on the terms and conditions of his release from prison.
The Bail Commissioner's office had recommended a $1 million dollar bond.
The state did not oppose the bond -- saying there was no legal basis. But lawyers for the state opposed the bond amount originally sought by Skakel's team.
"I can say that $500,000 is not appropriate." State's Attorney John Smirga to judge presiding over bond hearing.
Judge Gary White says there is no opposition from state to bond for Kennedy cousin Michael Skakel, so he will grant it.
Prosecutors say Michael Skakel's fragile mental health should be a consideration in amount of his bond.
Prosecutors want $2 million bond for Skakel.
Hubert Santos, Skakel's lawyer, said Skakel should be released with the lower bail amount. "Here we have a track record of an individual who has appeared every time he has been asked to appear," he said. "He's one of the most recognizable faces in America, so he's not going anywhere."
Santos said the case against Skakel isn't strong. "He's been on time to every trail date, and turned himself in. $500,000 bond is appropriate."
Santos added Skakel never got a fair trial.
Prosecutors referenced Skakel's wealth and family connections, saying they separate him from other defendants facing murder charges.
Smirga said, "The numbers of people in this report are not people who have traveled the world skiing or met Mother Teresa."
Before the hearing, Assistant State's Attorney Susann Gill talked with Dorthy Moxley as Skakel entered courtroom for bond hearing.
Judge Thomas Bishop ruled last month in Vernon Superior Court that Skakel's trial attorney, Michael Sherman, failed to adequately represent Skakel in 2002 when his client was convicted in Moxley's death. She was bludgeoned with a golf club in wealthy Greenwich when she and Skakel were 15.
Santos, Skakel's attorney, argued that Skakel should be released immediately, saying the ruling makes him an innocent defendant awaiting trial and that he is not a flight risk. Santos also argued prosecutors are highly unlikely to win their appeal, a contention prosecutors dispute. Skakel has been serving 20 years to life and was denied parole last year.
Skakel has maintained his innocence.
Robert Kennedy Jr., who campaigned to overturn Skakel's conviction, told the Associated Presssaid he felt "pure joy" at the prospect that his cousin was being released. Skakel has only seen his son a handful of times since he was sent to prison, he said.
"Everybody in my family knows that Michael is innocent," Kennedy told The Associated Press. "He was in jail for over a decade for a crime he didn't commit. The only crime that he committed was having a bad lawyer." Kennedy said Skakel is in a tough prison and has relied on a deep religious faith to cope with his plight. He said he's not sure where Skakel will live, noting he had to sell his house in the Catskills to pay legal bills.
"I know there is a lot of people who would open their house for him to stay," Kennedy said.
The ruling caught Moxley's family by surprise after a decade of unsuccessful appeals by Skakel's attorneys. Moxley's 81-year-old mother, Dorthy, is resigned to Skakel being released.
"If he gets out on bail, he gets out on bail," Mrs. Moxley said, noting Skakel has a good prison record. "I just think he ought to serve his punishment. There's no doubt in my mind that he did it. A little justice for Martha is not asking a lot." John Moxley, the victim's brother, said he and his mother will attend the hearing, and he expects Skakel to be released.
Skakel's older brother Thomas was an early suspect in the case because he was the last person seen with the victim, but Michael Skakel was charged a quarter century after the killing. The case was considered a tough one for prosecutors because of the age of the crime, no forensic evidence and other challenges. But Skakel was convicted after a trial that focused on testimony that he confessed or made incriminating statements over the years.
A year after Skakel was found guilty, a former classmate implicated two friends in the killing. A judge later rejected an appeal, ruling the claim was not credible.
In the latest ruling, Bishop said Skakel's defense should have focused more on Thomas. He also said Sherman failed to locate a witness who backed up Skakel's alibi that he was at his cousin's house the night of the murder and failed to find a man who challenged the claim by the star witness that Skakel confessed.
The Associated Press contributed to this report.
SOURCE:newstimes
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