The Murder of Martha Moxley (Part 2)

Hey, Weirdo's, I'm Ash. And I'm Alena. And this is Morbid. This is Morbid. Morbid in the afternoon. And I'm trying to think of, I saw, because like, last time I think we were like, okay, like, set your timers, because we're about to start the opposite. I saw some funny-ass people being like, it starts at 69 seconds. So I can start at 0.03 seconds. So Nalyo never gonna know when it starts. So I think you guys are funny. You guys are funny. But I don't think we have a ton of business. Just some, the normal stuff, if you guys haven't bought tickets to the live show at Radio City. What do you know? 27th. Buy tickets to it, because I'm telling you, it's gonna be a blast. We've really nailed some stuff down. Yup, we're reeling it in. It's gonna be fun. We have some fun merch. Yes. We have a special guest. A special guest. And it's gonna be really fun time. Special fits from Romania. Yeah. Literally. So get your butt there. And then you can just wander around New York. Yeah. All night. Yeah. Actually, don't. Because I mean, you shouldn't anyway. Yeah, I was always just a joke to begin with. I keep seeing these reports on the news the last couple days. I don't watch the news. People are like, they're getting film of like in the middle of the night. People are just going into manholes. And then some people are like crawling out of menholes. It's just like a group of men. What? And they don't know what they're doing. Are they the Teenage Mutant Ninja Turtles? That's the running joke. That's the running joke and census. But that's very dangerous. Like, don't do that. Yeah. Like, if you're one of those people, stop doing that. Don't do that. Also, like, emerging from a vanhole, you could get Zachary Banks real quick. Absolutely. That's crazy. Yeah. I'm saying. And I was like, you're going into the sewers? That's what I'm saying. Nobody knows what they're doing. Nobody really knows what the situation is. It's been a couple of nights of them like seeing these videos. I really hate that. So that's going on. Yeah. That's spooky. That's something. That's pretty spooky. So don't do that. But also on a totally different note, what you should do is pre-order the butcher legacy. Honestly, it's not even that much different of a note. Because your book has some weird shit going on. Exactly. So there's that. Yeah. Also, I don't know if you've noticed. Some of you have. I'm doing a little series. Like a video series. I'm trying my hand at it. It's a lot of work. I don't know how to put these videos together. Anybody who puts videos together in edits and does all this stuff all by themselves. Influencers in the box. You have a tough job. Props to you for being able to edit a video. Because it's hard. It is hard. But yeah, so I'm doing a little video series where I'm going to go through the chapters of the butcher legacy. I love it. I'm going to go through the chapter. own reflection in a window. My dog barks at my other dog when my other dog is laying down and she wants to play. My dog barks sometimes when they bark. Just to bark. My dog barks when she farts to you. Sometimes it upsets them or the other one barks when the other one farts. Delora's when she farts. She chases her butt in barks and I'm like bitch that was you. That was you. It's almost like she's like mad at her butt for betraying her. That's the thing like dogs are awesome. Yeah. Dogs are awesome. But they're going to do wily shit for no reason. But they're barking at their own farts. So it's like we're we're we're using them as a forensic tool now. Like what when did that happen? Yeah, they're not canine dogs babe. That's insane to me to be like well dogs barked around 10 p.m. So that was obviously when the murder happened. It's like nope I think they were just barking. And again like not even take the dogs out of it. You're relying on the neighbor saying what time that happened? That's no good. What's even worse with this is the medical examiner had never really agreed with investigators stated time of death. And they're they're the expert. I would say on this. The medical examiner. Yeah. They got the actual biological evidence that shows that this is when they had actually placed smart this time of death anywhere between 9 30 p.m. And 5 a.m. That's a big window. It was only because investigators believed the local dogs to be more reliable than the medical examiner essentially shitting me that they were able to rule Michael Skakele out in the first place. That was the only reason he was ruled out. That is so because he had it out of I for when the dogs were barking. That's not when the medical examiner is saying it could have occurred. That's crazy. Yeah. Also now that he admitted to trying to trying to watch Martha through her window after he'd returned from his cousin's home. Mm-hmm. Michael hadn't just ruled himself back in as a suspect. He'd effectively moved himself to the top of the list. Yeah, you're masturbating outside of her window. He's at the scene. Yeah. That's she was 200 feet from her house. Right. Like you're there. Yep. Now although no one outside Sutton Associates knew it at the time, there was a lot more of that made Michael Skakele a strong suspect than just a bizarre new alibi. And this was the Sutton report was like like their family hired that that law group. So this is interesting. Yeah. According to the Sutton report, because remember, we got little bits and pieces of it. Yeah, not the whole thing. At the quote, at the very least, it is fair to say Michael Skakele has for whatever reason often acted out in certain ways to arouse suspicion. Reportedly, Michael once even confessed to the murder of Martha Moxley in a therapy session while a patient at the Elon treatment center. Oh, fuck. In fact, while he was at the Elon school, Michael confessed multiple times to murdering Martha Moxley in both group therapy settings and in private conversations. Okay. Although he would later recant at least one of those confessions in an email correspondence with one of the other students at Elon, the discovery of that information would have been damning if it had been made public. Yeah. And it wasn't at the time. That's so tough. I know with like therapy. Yeah, you have to be careful about stuff. Yeah. When he was informed of his son's confession at the Elon school, Rushden Skakele immediately pulled the plug on the entire investigation, paying any remaining fees and ending multiple years of work. Since everyone involved in the private investigation had signed a confidentiality agreement. I wish you guys could see my face right now because my face is saying, what? What? Well, all the people involved in the private investigation had signed a confidentiality agreement. So they were all prohibited from disclosing any information contained in the report to law enforcement or to the public. And then DA, brother. Once again, it seemed that Skakele's money and power had kind of shielded his family for many responsibility. But there was one thing he hadn't counted on. Stop what? It was true that every investigator on the case had signed a confidentiality agreement. But the young employees who'd been tasked with organizing the information for the investigators had not been required to sign anything. When that young man, one young man, who, who shall not be named, he has remained anonymous, learned that the report and Skakele's confession to murder were being shelved and would not see the light of day. He stole the report and sent it to Dominic Dunn. Not all heroes were capes. Because he had seen Dominic Dunn talking about the case on the news and he was like, I think you should have this. Wow. That's always like my favorite part of a story. One person is just like, I think you should look at this. I love him. One person just is like, Dominic Dunn had built a respectable career for himself as writer, covering crime. But he also wasn't exactly an investigative journalist at the time, like, which he actually shifted a lot after the murder of his daughter, which is what was required if the sudden report was going to be put to good use. You need an investigative journalist, some sort. So rather than pursue the story himself, Dunn forwarded the report to former Los Angeles police detective turned off their Mark Furman. Dunn didn't know personally, but he respected the work he had done. Now, although he would eventually make a name for himself as an author and journalist, Furman first became a household name. Some people might be like, wait a minute. The name sounded familiar. He became a household name across America during the O.J. Simpson trial in 1994. He was an LAPD detective and he investigated the murder of Simpson's wife Nicole Brown Simpson and her friend Ron Goldman. And was the investigator who found the notorious bloody glove. Oh shit. During the trial, though, several witnesses for the defense testified that Furman had previously made racist statements in their presence, leading the defense to charge that Furman had tampered with evidence in order to obtain a conviction. Despite there being no evidence to suggest the glove had been planted by anyone, the controversy and documentation of, you know, his past, essentially, the remarks he had made, it made him a pariah everywhere, like in law enforcement. You know, he retired in 1995 the next day, the next day, the next, the very next day, the next year. And he did write murder and Brentwood about the Simpson murder in the trial. Okay. Murder and Brentwood had really impressed Dominic Dunn. And so when he came across the Sutton report, Furman was the first person that came to Dunn's mind. Okay. Because he was like, he knows how to do this shit. Yeah. Now, after reading the Sutton report, Furman placed a call to Dorothy Moxley, who, by then, have moved to New Jersey to live near her son. Okay. Unlike Dunn, who'd written a fictional account of the case, Furman wanted to write a non-fiction account, and not only intended to emphasize the countless mistakes made by law enforcement, but he also wanted to identify Martha's killer in this book. He later said, I felt like I had a heavy burden on my shoulders. I just told this woman who's been weighing 23 years for some solution to her daughter's homicide, that I could solve it. So I had no choice then. I actually had to go out and solve it. Now, with Dorothy's consent, it's a lot to task yourself with. Yeah. Now, with Dorothy's consent, Furman got to work digging into the case, but immediately ran into problems when word of his intentions reached the local police. Sensing that Furman was planning to smear them in the investigation with his book, Furman was shut out by local enforcement, and claims he claims that he was threatened with arrest if he went near any residence of Bell Haven. Allegedly. Allegedly. That's what is claimed. Fortunately, he soon found an ally and retired Greenwich detective, Steve Carroll, the original lead on the Moxley case. Okay. He later said his absence of ego at not being able to solve this case was a great contribution because he admitted things that I think other detectives wouldn't have. Okay. Which is really impressive. Steve Carroll. I like that he said his lack of ego at not being able to solve this case. He didn't go into this being like, whatever we did all we could. And this is in my fault. He was like, no, I think we fucked up along the way. That's good. You have to be willing to admit fault. Yeah. Once Dorothy Moxley gave her consent for Carroll to speak with Furman, the former detective became Furman's greatest asset as he attempted to navigate a community that was very vocally opposed to his presence. Now the problem with the Moxley case is that, regardless of how many mistakes were made in the investigation, the factor remained that there also was little for investigators to go like work with here. Journalist Joel Lang wrote, as damning as the evidence may seem, it proves little. Okay. And this is true. You have to look at at first, when you first look at this, you say, oh my god, how could it, how could you not? And it's true. It looks damning. It does. When you really pull apart the pieces though, you go, well, you have to think of every part of this. Because anybody could have taken that call from the club outside. And anyone might have picked it up. Who knows if one of them had just had the club dropped it outside somewhere, someone somebody stumbled up on it. No one, the police interviewed said that they saw Tommy with the golf club. Okay. So there's just that. And I'm just just from like a purely like sure perspective, you know, I mean, like sure, somebody, is it likely? I don't know. Yeah. You know, like it's just, but you have to think of these things. And she thought they weren't able to get any prints off of it. I know. But I don't know. Maybe somebody was wearing gloves. Who knows? Maybe. Now, in fact, even with all the circumstantial evidence pointing towards the Skakal House, investigators still had the wrong person as their prime suspect in the case. Of course, the only people who knew that were contractually bound to secrecy. Because remember, You were going after Tommy. - Right. - But Ferman may have had the one piece of evidence that would break the case wide open and finally shed light on the identity of Martha's killer. - Okay. - In the spring of 1998, Ferman's book Murder and Greenwich, who killed Martha Moxley was published, much to the consternation and very much to the iron of the investigators at the Greenwich Police Department and in the state's attorney's office. In the book, Ferman laid out the facts as they were known, paying particular attention to the myriad of mistakes made by investigators, and asserts the widely accepted theory that a wealthy and powerful family had stymied the investigation from the start. - That's what we're about. - That's what we're about stymied. - But the real bombshell was that Ferman took the rare step of naming the person he believed was responsible for Martha's murder. - That's bold. - He named Michael Schakel. - Interesting. You gotta be. - It's pretty bold. - You gotta have balls to do that. - Because, for so many reasons. - Murder and Greenwich was an immediate bestseller, and it also attracted scathing criticism, particularly from those Ferman Passata under mine with the book, like Frank Gar, a Ferman Greenwich detective who was working for the state at the time the book was published, said Ferman has the luxury of not having to back up anything he says, so he can name anybody he wants and he can say anything he wants in that book, which I was like, technically you can't. - No. - I just wanna be so good to say. - But Greenwich police chief Peter Robyn shared a similar sentiment about the work telling a reporter. His real intent was to make money. I don't think he was necessarily attempting to solve a crime, like, damn. - Okay. - So relying heavily on the Sutton report and interviews conducted with Michael Schakel's classmates at the Elon school, Ferman laid out a very plausible case against Schakel. While also exposing how the case had been so badly botched by investigators in the first place. Ferman told a reporter, "I can find very little "they did correctly in the investigation. "I don't wanna be smug or arrogant about this, "but I obviously know much more than they do." - Dang, you fuck. - Now on June 18th, just one month after the publication of his book, Connecticut's chief court administrator, Aaron Ment announced that a one person grand jury comprised of superior court justice, George Thym, was being called upon to review the evidence against Michael Schakel. - Never in my life have I heard of a one person grand jury. - That's the end also. Oh, so suddenly, everybody doesn't like this book and they think like-- - Everybody thinks the book is a crock of shit and all of a sudden they're like, "A lowly arkey." - But we are gonna bring him in front of a grand jury. It's like, wait, I don't know what it is. - Make that make sense. - Like, interesting. Now the announcement of the grand jury came as a surprise. Not only because, like you said, it consisted of one man, but also because-- - It's not so grand, it doesn't seem grand to me. I don't know who George is, but he's gotta be real great. - I'm sure he's grand. - I'm sure he's a great guy, but-- - But also because Connecticut does not require a grand jury before felony charges can be filed. - Oh. - According to Connecticut lawyer Norman Patis, grand juries in Connecticut are only used for political purposes. Having a grand jury provides insulation for a prosecutor in a politically sensitive case. - Interest in-- - Because the decision to indict is made by a panel of anonymous citizens. - Or just one. - Or just George. - Or just a grand master, George. - Also, I was like, I'm sure he's a great guy. I really went on a limb there. - Yeah. - Who knows? - I don't know George. - That he's a great guy, but-- - I don't know him. - As a gal, you can never say you're sure a man is great. - No, so I just-- - I like to-- - I stay over here saying, "I don't know George." - Yes. - I hope that he's great is what I should have said. - So another way of saying all this is in other words, the district attorney can't be blamed if the accuses isn't indicted because it was the grand jury that made the decision, not the prosecutor. - All right. - So just to keep them from the-- I don't do it. To anyone who had been following this case, it looked like whether investigators liked it or not, the publication of murder and Greenwich had managed to break the case somewhat, like at least move something along. - Right. - But when he was asked about the matter, Detective Frank Gard dismiss the suggestion that the book had anything to do with the filing. - So then what was it? - We've talked to hundreds of people and gathered some information that was previously unknown. So we reached a point where having a grand jury was an option. - The book's added interest to the public and the media, but they had no impact on the investigation. - It wasn't like public pressure after people read the book. - Whatever you say. - Yeah. - Okay. - Sure. - For decades, Martha Moxley's friends and family had desperately sought answers to her. Remember brutal murder. But we're just, again, stymied, since you like that word. - Here you go. - They were stymied at every turn. - Yep. - Now after more than 20 years, it looked like Martha might finally get the justice that she deserved. - Good. - Of course, nothing in this case is straightforward at all. - No. - And there was no reason to believe that would change. - Oh. - At least it all-- - You really just-- - Yeah. - Well, and least of all, because of the publication of this book. - Yeah. - Yeah. - So on July 12th, 1998, the one man grand jury proceeding-- - George. - It began in Bridgeport where justice, George Thym, began hearing testimony and reviewing the evidence in the case. Among those seated in the gallery were Dorothy and John Moxley, who were accompanied by former Grennish detective Daniel Hickman. Hickman told her reporter, "I'm very glad we're doing this. "Glad we're investigating this matter a little further. "I hope something good comes out of this "for the sake of the family in the community." - Yeah. - Given the number of times the Schakele family had kind of thwarted investigators' attempts to get answers into the Moxley case, it should come as no surprise that the grand jury hearing was pretty similarly frustrating, and it ultimately dragged on for 18 months. - Wow. - Holy shit. - During that time, the majority of the Schakele family members who were expected to testify publicly stated their intent to skip the hearing. - Is that allowed? - Yes. - Russian Schakele was particularly adamant in his refusal telling reporters, "I wasn't there personally. "I was hunting when the slaying happened, "so he saw no reason why he should be there." - Okay. - I wonder, I don't know if I'm just like making this up, but I wonder if you could be held in contempt of court for not showing up to testify when you're called upon? I would think so. - I looked at Debbie's just like shrugging me like, "Yeah, usually, right?" - Like, you would think. - I would think. - You would think? - Yeah, that's typical. - It's interesting. - Yeah. - Okay. - But others who refused to testify or otherwise attempted to stone while the prosecution, including Sutton Associates Detective Willis Krebs and Elon's school owner, Joseph Ricci. - Okay. - Krebs cited attorney client privilege as his reason for not divulging the names of those interviewed during the investigation. - I mean, that makes sense, I guess. - But the judge rejected the claims and Krebs. - It doesn't. It doesn't make sense. - The judge rejected the claim and Krebs was compelled to release the names. Ricci's refusal, on the other hand, proved a more challenging matter 'cause he's the Elon school. - In his case, he's in his school. - In his case, he cited doctor patient confidentiality, as his reason for declining to testify or release information about Michael's time at Elon. - Which that's a lot more. - Unlike, yeah, unlike Skakel's contract with Sutton, the mutually assured privacy between a doctor and their patient is taken very seriously in the legal system. - Yeah. - Skakel's lawyer, David Grudberg, said it completely undercuts that privilege if you can change the rules after the fact. In response, the prosecution argued that the confession, quote, had nothing to do with Skakel's treatment or any illness. - Okay. - Therefore, should not be privileged information. - Would you like me to get that? - Which if you're saying he was talking in private conversations with like fellow students, I would think, yeah, that wouldn't have anything to do with his treatment. - Deb Dev has just informed us that she's not positive, but she said, 'cause she doesn't know how to get law, but she said-- - She only knows Maslow. - There is the possibility that Rushton's Skakel, especially my father, would not be compelled to testify because of the parent child. It's kind of like a spousal privilege, yeah. So that makes sense. - Okay. - Yeah, no, I could see that. - I'm interested though, 'cause obviously it was more than him that refused. So I'm like, what did everybody else say? - Yeah. Now, again, they're claiming that his confessions, Michael's confessions had nothing to do with his treatment. - So that's why they should be allowed to have the doctor testify. - Ultimately, the judge sided with the defense and any statements Michael made while at Elon were deemed inadmissible, why is that hard to say? - Interesting. - Yeah. - Finally, in January 2000, the grand jury ruled that even without the incriminating statements made at Elon, there was sufficient evidence to charge Michael Skakel with the murder of Martha Moxley. That's without the confessions. - I was just gonna say, okay, so then what's the evidence? - But in an odd twist, this is the twistiest case that I've ever heard. - The arrest warrant in any associated documentation related to the case would not list Skakel by name as he was a juvenile when the murder was committed. - Okay. - In response to news of the indictment, Skakel's lawyer, Michael Sherman, told reporters, if he's arrested, he's going to plead not guilty, come to court and we'll go to trial. He's innocent. He has nothing to do with this murder. This is not a case that will result in a plea bargain. - Okay. - Now, as expected, on January 20th, an arrest warrant was issued for Michael Skakel, who surrendered at the Greenwich Police Department that afternoon, where he spent roughly 30 minutes before being released on $500,000 of bond. - Yeah. - I, that's shocking. - For those who lived in Greenwich since the murder occurred, it was a moment they never thought would come. Bell Haven resident Martha McEntree said, a lot of people would like to see closure. If an arrest is heading towards that, then I think that's a relief for everyone. The arrest was followed by the usual cries of innocence from, you know, you know, Skakel's lawyer, Michael Sherman, but Skakel himself seemed interested only in protesting the arrest directly to Dorothy Moxley herself. - Oh. - With Sherman's encouragement. - His lawyer. - Yeah. Michael reached out to Dorothy. Much to her surprise and discipline. She later said, "What he said to me was Dorothy. I feel your pain, but you've got the wrong guy." And she said-- - So couldn't possibly. - In the sense that he would call me Dorothy. I'm sorry, but I do believe I deserve some more respect than that. He should have called me Mrs. Moxley and he shouldn't have talked to me. It wasn't the right thing to do. - Yeah, there's so much wrong with that. - To encourage him to call her mother. - Yeah. - Like, well, like exactly what she said, put some respect on her name. It's Mrs. Moxley. - And she said he shouldn't have called me at all. - She didn't have called her at all. And the fact that he didn't said, I can feel your pain. No, you can't. - Yeah, no, you don't know Mother's pain, whose daughter was slaughtered. - 200 feet from her home. - Like 15 year old daughter. Like, no, you can't feel her pain, don't ever say that. - Yeah, that's nuts. That whole entire decision is nuts from start to finish. - Now, two weeks later, on February 8th, Michael Skakel was arraigned on one count of second degree murder in juvenile court. After reviewing the evidence and the circumstances surrounding the case, the juvenile court judge had the case transferred to the criminal division of the superior court, ending the period in which Skakel's name was withheld from any official documents. - Well, because now he's an adult. - Now, the case was preceded by the usual round of pretrial hearings, but the prosecution was delty significant blow on August 7th, 2001, when their star witness, former Elon student Gregory Coleman, was found dead from an apparent drug overdose. Coleman was one of the two students who testified to the grand jury that Michael had confessed to killing Martha while at Elon and his testimony was key to securing a conviction. - I just wanted to let that hang in the room for a minute. - Fortunately, the judge allowed the prosecution to present Coleman's deposition at trial in lieu of his testimony. - Okay. - But the lack of his presence was a major source of frustration, obviously. Now, Skakel's trial began on May 7th, 2002, at the county court house in Norwalk. As expected, the trial had drawn a ton of people like a huge crowd of observers and journalists, many of whom were hoping for an appearance of like a rich and famous attendee at the trial. - Yeah. - And they weren't disappointed, I guess. As early as the first day, many members of the Skakel and Kennedy families were in attendance to support Michael, including his cousins, Robert F. Kennedy Jr. - Shut up. - And Douglas Kennedy. - I didn't even know there was a Douglas. - Yeah, this is Douglas, there's so many of them. - I knew about that. - The Kennedy's are far-reaching. Dominic Dunn said, "The thing that I've always found so curious about the Kennedy's support of Michael is that Michael wrote a treatment for a book in which he says absolutely terrible things about his cousins, the Kennedy's. And yet, Bobby Kennedy Jr. was up here hugging him and supporting him. - Public appearance has been. - Yeah. In his opening statement, prosecutor Jonathan Benedict laid out the state's case against Michael, stating, "Would their belief that both Michael and Tommy "had been vying for Martha's attention? "And while she had no real interest in either of them, "she clearly favored Tommy a little of her's brother." - Okay. - And I think that's based on like her diary. - There's entries in her diary where Michael was mad because she was quote unquote leading him on. - Yeah, he seemed kind of protective of her's brother. - Yeah, and he seemed like, yeah. Now, it was the state's assertion that after the group of friends had gone their separate ways that night, Michael returned from his cousins house and coaxed Martha outside and made a romantic or physical overture to her, you know. When Martha rejected Michael's advances, he became physical and eventually attacked her with the golf club. - Okay. - Now, I want to claim, say this again, that this was the prosecutor, Jonathan Benedict's, like theory. - Yeah, there's the argument. - I'm not saying that's what happened. - Right. In his statement, Benedict acknowledged that it was incumbent upon the state to prove not only that Michael was a killer, but that he had intended to kill Martha that night. To that end, the prosecutor used a large projection in the courtroom to show the jury and observers the crime scene photographs, showing the extent of the brutality Martha had suffered before her death. And he said, and I agree with him, I can think of no photos more compelling of substantiating an intent to kill. - Yeah. - There was no way whoever did that to Martha did not intend to kill her. - No. - No, as for how the case was finally broken at the time, Benedict told the jury, sometimes some people simply can't keep a secret. That, as you will see, is how things eventually unraveled for Michael's scatle. In his client's defense, Michael Sherman refuted the state's claims and their theory, arguing that after years of bad police work and pressure to solve the case, investigators decided to just pin the murder on Michael. - Okay. - He said, the case that we have is based loosely on a very shaky house of cards and mostly wild cards and a few jokers as well. - Okay. - Well, let's not get super theatrical with it. - I'm not out here trying to judge statements in a courtroom. - I'm always out here trying to judge statements in a courtroom. - That may be, that may be go. - Yeah, let's see, I agree. - 'Cause you could've just ended it like a shaky house of cards. - 'Cause I was nodding. I was like, yeah, like a shaky house card with jokers. - I love it. - Mostly wild cards, maybe a few jokers. I'd be like, nope. - You ever did it? - You ever did it? - I really wanted again, Michael. Run it again. - He didn't run that with like anyone. - He didn't read that for anyone I feel. - No. - Read that in front of someone and see if they go, "Oooh, that's what, oooh." - Yeah, I don't like it. (upbeat music) - Now the state's case against Michael was entirely circumstantial and it hinged very significantly on the testimony of Gregory Coleman. - Right. - Who'd heard Skakele's confession. - But he had passed away, right? - And yes, Coleman's death before the trial was a big problem for Benedict. However, several weeks into the trial, the prosecutor was contacted by Jennifer Pease, another former Elon student who offered to testify and corroborate Coleman's statement that Michael not only confessed to the murder, but also that he believed, and I quote, "He was going to get away with murder because he was a Kennedy." So this is what Jennifer Pease was saying that she could back up. She told the jury that Coleman had confided in her that he thought Michael Skakele was quote, "Sick." And that Skakele had quote, "Beat some girl's head in and killed her with a golf club." - Oh shit. - Yeah. The testimony from Jennifer Pease went a long way to corroborating Coleman's earlier statements and those of his widow who testified prior to Pease. - Wow. - On June 3rd, the prosecution and defense gave their final statements before the jury were tired to deliberate. - That's today. - Oh my God, that's today. I'm not kidding, guys. We don't do this on purpose. Today is June 3rd, though. That's so weird. - What the fuck? - This happens to us so well. - Why does that happen? - I don't know. I had to stop you before you got any further. - I'm not kidding, you guys. I swear on everything. We do not do this on purpose. - No, we don't mind that date. - A lot of times, we're supposed to record earlier than we do. - Yeah, and then we don't. And when we do record, it is a following on the date. - Yeah, 'cause we were gonna record this yesterday, but then we didn't. - Yeah. - So, that's weird. - That's weird. - That's weird. Okay, wow. Well, on June 3rd, the prosecution and defense gave their final statements before the jury retired to deliberate. In his closing remarks, Jonathan Benedict focused on the sheer brutality of the crime, and Skakel's sense of untouchability afforded to him by his family's wealth and power. He said, "This is really graphic, by the way." He said, "The act of stabbing her through the neck from one side through the other is the most emphatic evidence of pure hatred, rage, and intent to kill." Now, in his final argument, Michael Sherman was blunt and simple. - He didn't practice this one either. - Good morning. He didn't do it. He didn't do it. He doesn't know who did. He wasn't there when the crimes were committed, and he never confessed. That's the whole case. - Faith, that's not gonna convince me of anything. That's just gonna convince me. You didn't have your morning coffee. - Yeah, that's it. - The fuck? - I feel like you should have done this earlier. - Yeah. - I feel like this is one of those that you were like, "I did this before breakfast." - Yeah. - It's through that one together. - Yeah, that's a rough. - But then he just used the rest of it. So that was his, like, here's what I'm gonna-- - Here's my argument. - He didn't do it. He didn't do it. He wasn't there. He never confessed. That's it. - Are you gonna tell me why though? - And then the rest of the time, he just used to attack the prosecution. - That's nice. - The witnesses and the investigators for what he alleged was a concerted effort to frame Michael Schaigel. He said, "I have to tell you this is the worst one conspiracy I've ever seen." - Wow. - Now the jury deliberated for four days before finally coming out on June 8th. My birthday, hey, to find Michael Schaigel guilty of the murder of Martha Moxley. - Oh, bad day for Michael. - Now, when the verdict was read, Schaigel swayed slightly and shook his head into his belief. From somewhere behind him, a member of the Schaigel family shouted, "Oh my God. Martha's family, on the other hand, was very happy with the jury's decision." - You waited that long for Justice for your daughter. - Dorothy told a group of reporters, this whole thing was about Martha. - Yeah. - I feel so blessed and so overwhelmed. This is Martha's day. I hope people remember that. - Oh. - Now when asked about the verdict, his book had seemingly helped secure at the time. Mark Fernandez. and praised the jury. He said they were attentive. They gave away nothing. They made no mistakes. Even when I talked to them, they said they were of one mind very early on that he was guilty. Now in late August, Skakel went back to the Noroak court for sentencing. And when asked whether he had anything to say for himself, Skakel went on the offensive. He attacked his accusers and repeatedly professed his innocence. Before passing sentence, Judge John Kavanaugh's address to the court was pretty broad just saying for the last 25 years or more, a period well into his adult life, the defendant has been living a lie about his guilt. Most importantly, this defendant has accepted no responsibility. He has expressed no personal remorse to this present day. All of this persuades me to impose a sentence which on balance is substantial. And with that, he sentenced Skakel to 20 years to life to be served at the Garner Correctional Institution in Newtown, Connecticut. Okay. Now, his appeals began almost immediately after the sentence. In 2004, the Connecticut Supreme Court heard his claims that among other things, his constitutional rights were violated when the state prosecuted him for a crime in which the statute of limitations had expired. The argument depended largely on Skakel having been underage when the murder was committed and the Judge and juvenile court had aired and transferring the case to criminal court. In their conclusion, the justices upheld the lower court's ruling, noting if the trial court aired in their actions, the defendant has not established harm. Okay. So they just kept it. They were like no. Now, in subsequent appeals, Skakel's defense team made a number of claims of improper conduct from claims of prosecutorial misconduct to the credibility of witness testimony and beyond. Okay. Each case was considered by the higher courts and rejected on the merits. Now, then in 2013, Skakel launched another appeal for a new trial. This time arguing that his original trial attorney, Michael Sherman, was incompetent and was more interested in building his own reputation and celebrity than he was in defending his client. Okay. Martha Moxley's friends, family, neighbors waited more than 25 years for her to see justice and it felt like it had finally been found. Yeah. But in November 2013, Judge Thomas Bishop agreed with Skakel's complaint in order to new trial. In his conclusion, Judge Bishop noted that Michael Sherman, quote, was in a myriad of ways ineffective and as such, there was no way to be certain that the jury was acting on the best information available. Okay. To Martha's family who had been struggling through frustrating investigation and decades of uncertainty and trials, the reversal was a massive disappointment. Of course it was. But one that was not entirely unexpected, unfortunately, given the extent of Skakel's resources. Dorothy Moxley told reporters after Skakel was released on bail pending a new trial. I guess I knew that the day would come and she said it would have made my life much easier for this not to happen. Oh, that must be because I can't even like come up with how that would feel to have it like finally, this is over. We can start healing. But then it's just reversed. And that's the thing they and they were it's like holding your breath waiting for the moment. Like because she believed that they got it right. Yeah. But she never believed that it would hold because she knows they have definite resources. Now like Dorothy Moxley, the prosecution was ready when the reversal happened and had already started preparing for a retrial. Okay. Fortunately, however, the prosecution wouldn't have to go that route. In 2016, the Connecticut Supreme Court overruled the lower court and concluded that Skakel had in fact been given a fair trial, even if he didn't feel as though the lawyer provided the best possible defense. Okay. One of the justices wrote in their concurrence, Sherman's defense need not have been the best decision or even a good one. It need only fall within the wide range of reasonable decisions that a defense attorney might make. Okay. To those who've been watching the case from day one, the state Supreme Court's decision seemed like an attempt to correct the previous injustice. Yeah. But there wasn't much time to celebrate. Okay. Because this is up and down. Up and down. In fact, despite having reinstated the conviction, the question of whether Michael Sherman provided adequate representation would be argued back and forth in the state Supreme Court for two more years. Until May 2018, when the court ultimately reversed their original decision, their earlier decision and agreed with Skakel's complaint that his lawyer had been ineffective and thus he was originally deprived of a fair trial. Okay. From the moment he was arrested in 1991, nearly everyone in Greenwich, Connecticut watched and waited to see how Michael Skakel's wealth and power would possibly help him in this scenario. They figured it was just a foregone conclusion that it was going to come into play. Yeah. To the shock of many that proved ineffective when a Jerry found him guilty and a judge sentenced him to spend the rest of his life in prison. Securing Skakel's conviction in a lengthy sentence was a major victory for the prosecution who had to again contend with the really poor police work, missing evidence, the death of their star witness mid-trial. But in truth, his conviction was just never a sure bet. The case, there was a lot of circumstantial stuff and there was a lot of time between the crime and when the trial occurred, there was just a lot that were a lot working against them. Yeah. Now that Skakel had once again managed to win a new trial and was out on bail, the district attorney needed to decide whether they could feasibly secure the same verdict nearly 30 years later. With many of their witnesses having passed away, or simply forgotten the important parts of their testimony because they're getting older. Right. I don't remember 30 years ago. No, and you can't necessarily rely on somebody's memory from 30 years ago as you're on a jury. And everybody's memory is different. It's like, I don't have a great memory. Like my friend, like Deb Debel say things that are like, "Remember when this happened." I'm like, "Oh, shit, yeah." Or I'll just be like, "No." I'll tell you remember that. When my brain, my memory is just like weird. I remember weird shit. I don't remember good shit. And it's like that so you just can't be sure. But in the end, chief state's attorney, Richard Colin Jello, looked at the potential battle of a new trial and determined that retrying Michael Skakel simply wasn't a good use of the state's resources. When they say that, like I get what they're saying, but I know how it sounds. He said, "I believe the state cannot prove the case beyond a reasonable doubt. Therefore, the state is going to enter a Nolpros, which means to be unwilling to pursue." Once it was formally entered in 2021, the Nolpros resulted in a discharge of the murder charge against Michael Skakel. So he was never necessarily proven innocent. They were just like, "We think you did this, but we can't prove it." Basically, we just don't think we can prove you guilty again. It's almost like what happened with the West Memphis 3. I know that's like a whole different process, but that's more, we're not saying what it's like, basically, they can't, they just say that they did it. And the state will let them go. And that means they can't sue the state. That's what it means with the West Memphis 3. That's like different. That's an Alfred plea. Yeah. This is them being like, "We just don't think putting resources to retrying. You will get us the conviction." But we still think you did it. But like, and I don't even know, I don't even know if it's we still think you did it. I think it's just like, we don't think we just can't prove it. We're not going to put the resources forward because we don't think we could get a conviction again. Wow. So you will be. That's really cool. So although, so he was a free man once again. Okay. Although it is possible that Skakel could be charged again and taken to trial, that is a thing. In the absence of the, you know, any new compelling evidence of his guilt, it seems pretty unlikely because nothing has come out since then that points to him. Yeah. Regardless of the prosecutor's decision, Dorothy Skakel remained convinced that they got to read the first time. Yeah. While she was disappointed with the outcome, she told reporters, she was, quote, "satisfied with the efforts of police and prosecutors." All right. So like, Dan Lee should have that. A very impressive outlook. Yeah, she did. But sadly, on December 24th, Christmas Eve, 2024, Dorothy Moxley died at her home in New Jersey at the age of 92. Wow. But from complications of the flu. Oh, that's awful. Now technically Martha Moxley's murder remains unsolved to this day and is currently inactive. Oh, it should be active. Which makes me crazy. It should be active. Because regardless, I, that's like a 15-year-old girl was murdered. The facts of the case, I am not giving my personal opinion on this. The facts of the case are Michael Skakel was convicted of the murder. He was granted a new trial and they chose not to pursue it. So he was freed. That's just the facts of the case. Yeah. I don't know, again, no more compelling evidence has come forward to that we know of or that has been released. I should say or come public to say that he did it or that anyone else did it. And that's what's really frustrating. It's like we don't have anything else. There's nothing else we can dig into. They need to review that evidence. And they want to look at that. Why is, did fingerprinting ever fucking happen on that thing? I don't know because also the golf club broke. So I don't know if it was hard to get. Oh, who knows if they have both. parts. Yeah, I don't know I don't know exactly what parts they were able to like or what the parts what kind of condition they were in there. But then like she was discovered with her pants like around her. Yes and the medical examiner said there was no evidence of sexual assault but there was red marks on her thighs that were like handprints that he believed or someone trying to wrench her knees apart. But there was no biological evidence of sexual assault that they found. That's not saying with 100% certainty. Yeah, but they were they were fairly confident that they didn't believe. I think this investigation just was tough. It's got a lot around it. It's got a lot going on. But right now, you know, Michael Skakel is not considered the person that did it right now. But you know what we say? A cold case is never cold. Exactly. It's open though, right? It's open but inactive. It's unsolved and inactive. I think it's just. Oh yes, okay. So it's a bummer. I would love to see it solved. Regardless of who is the person they identify, I would like it to be solved. Yeah. Just from Martha's family. They've been family-deserved justice. And so does Martha. Yeah. And for the people who have, but there was a few names thrown around in this case. So it would be nice if you could, you know, exonerate those those names or prove that somebody did it. Yeah, just just have some certain, you know, there's a lot of people that were involved in this case that are thrown around here. Yeah. Yeah. Wow. What a what a brutal case and just just it's awful. It's so awful and it's so messy and it's so super young. Super promising. It's so sad for so many reasons ahead of her. Yeah. Doing everything right. Just being a teenager in the 80s for the 70s, 70s. And this is awful. Just going to hang out with her friends. And in a place that like didn't have crime. Yeah. Like a safe, you know, like this is just like even weirder. And it's and it makes you think more that this was someone who potentially knew her because like it's not like random strangers were being attacked or anything like that. Skoken around Bellhaven. Yeah. Except for that hitchhiker that they claim they saw that no one could ever. Yeah. Nobody could prove if they existed or not. Yeah. But who knows? You never know. I don't know. You never know. Yeah. I think we need a fun fact. We do need a fun fact. Do you have a fun fact? Debbie has a good one. Oh my God. Deb Dev just found the greatest fun fact that just like ruined my life with the visual as well because that is the cutest baby elephant I've ever seen in my life. Elephants are my favorite. Baby elephants suck their trunks for comfort. Like a baby like with suck their thumb or like a like a pacifier. And they suck their thumbs or trunks or their their their trunk thumbs. Yeah. Just to soothe themselves when they're tired anxious or away from their mamas. And please look at this elephant. Oh my God. I think my entire life just changed because of that picture of that baby elephant. So much elephants are the best animals ever. They literally like they hold funerals. Oh, they take care of each other. They don't live in communities. They protect. They save each other's babies. Yeah. Like they are. We are not. We don't deserve elephants. We don't deserve them at all. We don't we don't deserve most animals. My youngest had us watch a show on Disney Plus. That was like called elephant. I think there's something. And it was just about a whole fucking group of elephants. Oh honey. I'm thinner. One of that one of the elephants saved another one's baby. They do from being stuck in mud. The cutest thing I've ever seen. They like never gave out. They were like I'm saving this baby. So elephants. Oh my God. Also while we're talking about that Drew and I have been watching this show. I think it's on Hulu. It's about the San Diego Zoo. Oh my God. It is so much fun. I love that. I don't necessarily recommend watching with your children because they do talk about mating season. I literally and I was just about to recommend it to Elena because they were talking about koalas and her girls love koalas. But then they were like he's about to have sexy time with the other koala lady. So I was like okay, maybe don't have the mustache. She checks to me. She was like oh my God, Disha watched this and then like 10 minutes later. She was like scratch that. They should not watch it. Yeah, maybe not yet. You probably have to talk. But if you're like an adult who loves animals, it's a really good show. I love that. So check it out. How yeah. And with that being said, we hope you keep listening. And we hope you keep it weird. Just not too weird. Not too weird that you leave this case unsolved. Yes, not that weird. [Music] [Music] [Music] [Music]