The Prosecution's Case

To Kennedy, the conviction of Michael Skakel was a miscarriage of justice: "You're talking about a case that was 27 years old where everybody's memories are hazy. This was the easiest case in the world to win. Reasonable doubt was all over the place."

But to prosecutor Jonathan Benedict, it was fair and appropriate. And he believes that Kennedy's article is wrong on all fronts – especially his attack on Littleton.

For instance, Kennedy claims that Littleton failed five lie detector tests. In reality, Benedict says, Littleton failed three tests because he's mentally ill.

"Before any polygraph test can be reliable, the subject who's being tested has to be determined to be capable of giving reliable results," says Benedict. "A mentally ill person simply can't do that."

"He's been diagnosed with having bipolar disorder," adds Gene Riccio, Littleton's attorney. "He's had a number of hospitalizations. He's a nice man who's troubled and had a great deal of difficulty in his life.
I think arguments made that Mr. Littleton is responsible for this homicide are ridiculous."

Before Benedict became state's attorney, investigators spent years trying to pin Martha's murder on Littleton. They enlisted his ex-wife, Mary Baker, in their plan. And they even went so far as to secretly tape record Littleton in an attempt to get him to confess.

"Very interestingly, if you listen to the whole tape, his responses were consistently in the vein of 'When did I ever say that? Why would I ever say that? I never laid eyes on that woman. I never laid a finger on that young girl. I had nothing to do with this,'" says Benedict.

But was this considered entrapment? It may well be, says Benedict.

Littleton declined our request for an interview, but spoke recently to a Boston television station about the Moxley murder case. In the interview, he denied that he ever saw or knew Martha Moxley the night of her murder.

Convinced of Littleton's innocence, and needing his testimony, Benedict made a controversial decision.

"It would have been wrong for me not to clear him," says Benedict, who in 1998 granted Littleton lifetime immunity from prosecution in the case. "I firmly believe he had nothing to do with it."

Michael Skakel's murder trial began on May 7, 2002. Benedict immediately went after Skakel's alibi, which put him at his cousin's house eight miles away at the time of the murder. For years, this alibi had never been in dispute, but Benedict began tearing it down by questioning a Skakel family friend -- Andrea Shakespeare.

Shakespeare was one of the witnesses from the neighborhood on the night of the murder who was certain that Skakel never took that alibi ride. In her testimony, when asked if Michael had gone to his cousin's that night, she replied he did not.

Benedict continued to attack Michael's alibi – this time, using Michael's own brother, John.

"He was considered to be the most credible alibi witness for Michael Skakel," says Benedict. "But a funny thing happened over the years. When John came before the grand jury, he changed his story to this -- he really didn't have any recall of who went to the Terrians' house and who didn't."

Benedict may have succeeded in discrediting the alibi, but ultimately, he says Michael did himself in.

"The truth of the matter is that Michael Skakel couldn't keep his mouth shut for a quarter of a century," says Benedict, referring to those Elan students and others that Michael supposedly confessed to over the years.

"We presented 13 separate people who had separate conversations in separate venues with Michael Skakel, all of which were either out and out confessions or at least incriminating admissions by him. That's how you try a circumstantial case. You put a bunch of facts together."

As for the argument made by Kennedy and the Skakel family that Sherman didn't push hard enough during Michael's trial:

"Mickey [Sherman] pushed as hard as he possibly could. He didn't miss a single issue," says Benedict.

But what Sherman failed to anticipate was the impact of Benedict's closing argument.

"I don't know if the Skakel family realized how many persuasive dots I had to connect," says Benedict.

Up until that point, both sides thought Michael might be acquitted. "There were days when I thought 'Oh, this is just never going to happen. This is just looking very bleak.'"

Benedict played a critical passage from Michael's own book proposal to sum up his case. But the passage he used was edited in such a way that what the jury heard appeared to be a confession to murder: "And I woke up to Mrs. Moxley saying 'Michael, have you seen Martha?' I was like 'Oh, my God! Did they see me last night?' I just remember having a feeling of panic'."

But here is what Benedict intentionally left out: "And I remember thinking, 'Oh, my God! I hope nobody saw me jerking off.' And I woke up to Mrs. Moxley saying, 'Michael, have you seen Martha?' I was like, 'Oh, my God! Did they see me last night?'"

Last August, Michael Skakel was sentenced to 20 years to life for the murder. Still, for Benedict, the verdict came too late. He's angry that Skakel enjoyed 27 years of a full life since the crime.

"He and his family have literally thumbed their noses at any sense of justice for over a quarter of a century," says Benedict. "I'm frankly grateful to have the opportunity to bring this horrible crime to justice."

"I'm always going to have Michael Skakel with me," says Dorthy. "It doesn't end. It really doesn't end. Once you're a victim, being a victim is just part of you forever."

And while Bobby Kennedy understands her loss, he is steadfast: "I know he's innocent. I know he's innocent."

"A skillful prosecutor can often put people in jail who are not guilty of a crime, and this occurs most often in cases involving notorious crimes or heinous crimes."

Michael Skakel has new lawyers appealing his conviction. Among their claims: Michael should not have been tried as an adult for a crime committed when he was 15.

And, that Benedict's multimedia closing argument deliberately misrepresented facts. The appeal will be heard this fall. Meanwhile, Michael's family visits him regularly.

"He's had a rough time in prison," says Kennedy, who says the stress of prison is obvious. "I think the prison administration has given him a very hard time. He's lost his teeth and he's been told by the prison administration that he won't be able to see a dentist for at least 6 months."

As for the Skakels, they say this ordeal has actually made their family stronger.

"The positives are that we're a lot closer together as siblings," says John.

"What keeps me going is the hope that we're going to get him out of jail back with his son," says Stephen. "And not only clear his name, but all of our names."

"It's out there now," says Kennedy. "I've done everything that I can do to tell the truth. And the result ultimately is in God's hands, like everything else in life."