The state's bid to have the murder conviction of Kennedy cousin Michael Skakel reinstated in the 1975 slaying of Greenwich teenager Martha Moxley could go directly to the Connecticut Supreme Court and bypass the Appellate Court, the victim's brother said Tuesday.
Briefed by prosecutors on the status of the case, John Moxley said there is a distinct possibility that the state's highest court will hear their appeal of the controversial ruling that led to Skakel's release on $1.2 million bond the week before Thanksgiving.
"They're familiar with the case, so why not just shorten the process a little bit?" Moxley told Greenwich Time.
A Connecticut judge on Oct. 23 vacated Skakel's 2002 conviction in a stunning decision, making the nephew of the late Robert F. Kennedy bail eligible 11 years into a 20-year minimum prison sentence.
The state is appealing the ruling -- which entitles Skakel to a new trial -- that he was given ineffective counsel by his fame-seeking and estranged criminal lawyer, Michael "Mickey" Sherman.
Moxley's family finds itself in the strange position of vouching for Sherman's competence.
"I think the outcome would have been the same," if Skakel had hired a different attorney, Moxley's mother, Dorthy, said Tuesday. "He would have been found guilty."
If the state Supreme Court does not grab the appeal on its own, those familiar with the dynamics of the marathon case say that prosecutors could push to skip over the Appellate Court level to try to bring a quicker resolution.
But now that Skakel is a free man, the longer the appeal languishes in the courts could be to his advantage and that of his team of high-priced lawyers, who could try to block prosecutors' path to the top court.
Assistant State's Attorney Susann Gill, who is assigned to the case, declined to comment when reached by the newspaper.
Skakel's lead counsel, Hubert Santos, did not respond to a request for comment left at his Hartford office.
It is expected to take months before both sides complete their briefs in the appeal, which was filed by the state on Nov. 20.
"The appeal will be a very comprehensive and extensive document," John Moxley said.
The cat-and-mouse game between prosecutors and Skakel's lawyers continues to unfold, with Santos filing what is known as a cross-appeal on Nov. 26. The legal maneuver is seen by legal observers as a pre-emptive strike by Skakel's attorneys, who want the court to reconsider two other claims it made as part of its otherwise victorious wrongful imprisonment case that were rejected.
Skakel's lawyers unsuccessfully argued that Sherman -- owing back taxes to the government without his client's knowledge -- kept money for himself from a flat-fee arrangement that should have been used to hire outside experts.
They also leveled allegations, to no avail, that prosecutors violated the due-process rights of Skakel.
Skakel's legal team argued that the state had a legal obligation to tell the defense it had commissioned a psychological profile on another suspect in the golf club bludgeoning of Moxley, which took place the night before Halloween in Greenwich's Belle Haven neighborhood. Both Skakel and Moxley were 15 at the time. A warrant for Skakel's arrest was not issued until 2000, and he was tried as an adult.
A report unsealed earlier this year on Skakel family tutor Ken Littleton, prepared by forensic psychiatrist Kathy Morall for the state's attorney's office, offers previously unheard and potentially damaging insights into Littleton's alleged hard-core drug use, sexual compulsion and overall mental stability.
In 2002, the judge presiding over the homicide case agreed to seal the 27-page file at the request of prosecutors, who cited a prior court decision protecting the privacy of patient records.
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