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Behind the Scenes: The Skakel Trial

On October 30, 1975, Martha Moxley, from Greenwich, Connecticut, was killed. Kennedy cousin Michael Skakel, now 42, is standing trial for her murder. October 30th, we should note, is also known as ‘Mischief Night.’ Investigative reporter ROSECRANS BALDWIN reports from inside the chambers.

ABOUT THE AUTHOR

Rosecrans Baldwin
Rosecrans Baldwin is a founding editor of The Morning News. His first novel, You Lost Me There, is forthcoming from Riverhead Books (August 2010). Someday his ashes will be tossed off Mount Desert Island. You can catch him on Twitter or find more on his web site.
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Kennedy Cousin’s Murder Trial Opens
Tue May 7, 1:06 PM ET

NORWALK, Conn. (AP)—Prosecutors in the trial of Kennedy cousin Michael Skakel told jurors Tuesday they will hear from several witnesses who talked to Skakel about his ‘night of mischief,’ but defense lawyers said the testimony doesn’t add up.
Prosecuting Attorney Jonathan Benedict: Your Honor, I’d like to call Whit Wolcott McGraw to the stand.

Baliff: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Whit Wolcott McGraw: I do.

Benedict: Mr. McGraw, for the jury’s sake, will you please inform the court how you knew Mr. Skakel in 1975?

McGraw: Mike and I were good friends; we played lacrosse together and had the same trig teacher. We were on a double-date when I got my first kiss. That was sweet.

Benedict: Thank you. Now, could you tell the jury what you were doing on the night of October 30, 1975?

McGraw: Mike and I met at his house in Greenwich so we could go out in his backyard, pound some beers, get his Mom’s golf club and then find Martha and kill –

Benedict: Right. Thanks. Now when you say you planned to involve Ms. Moxley in your ‘mischief,’ what exactly do you mean?

McGraw: Wait. But I didn’t say—

Benedict: Just answer the question: What kind of ‘mischief’ did you plan to engage in? It’s a simple question. Did you toilet paper somebody’s trees? Shaving cream your initials on the side of a school building?

Defense Attorney Michael Sherman: Objection, leading the witness.

The Honorable John F. Kavanewsky, Jr.: Sustained. Rephrase, counselor.

Benedict: Mr. McGraw, do you deny that you were intent on mischief on October 30th, a holiday universally recognized as ‘Mischief Night,’ when youngsters commit essentially harmless pranks.

McGraw: Well, I guess it’s technically called Mischief Night, but no one ever used that phrase. We called it Cold, Calculated Homicide Ni –

Benedict: Enough, McGraw; no further questions, Your Honor.



* * *


Benedict: Your Honor, I’d like to call Maria Arias to the stand.

Baliff: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Maria Arias: I do.

Benedict: Ms. Arias—

Arias: Mrs. Arias.

Bendict: Pardon me, ma’am. [room-wide chuckle as Arias points to her wedding band, smirking] Would you be so kind as to tell us how you came to know Mr. Skakel?

Arias: I was his nanny until he was 24.

Benedict: So, for 24 years…isn’t 24 a little bit old for a man to have a nanny?

Arias: Yes, but after he was kicked out of boarding school, his parents were worried he wouldn’t learn any responsibility. So I was put in charge of his moral upbringing until he graduated from college.

Benedict: Would you say that Mr. Skakel became a good, moral man under your tutelage?

Arias: Oh yes. Certainly.

Benedict: Would you say he was the type to be capable of a little mischief?

Arias: [giggle] I think so. Mr. Skakel can be very funny sometimes. He’s like his father, a big comedian. Once, he imitated a Jew—

Benedict: [loud cough] Excuse me. How about you describe some ways you taught him to be responsible.

Arias: Well, I taught him many things. For instance, you should always repay your debts. And, it’s best to treat others as you want to be treated. Or, if you make a mess, like in the case of Ms. Moxley, make sure you wipe up the bloo—

Benedict: Thanks, thank you, Mrs. Arias, that’s enough, that’s just great.



* * *


Benedict: Your Honor, I’d like to call my final witness, Police Inspector Joseph F. Bradley, of the Greenwich, Connecticut, police department.

Baliff: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Joseph F. Bradley: I do.

Benedict: Mr. Bradley, would you please state your name and occupation for the record.

Bradley: Joseph Frank Bradley, Detective, Greenwich Police Department.

Benedict: Thank you, Mr. Bradley. Now, how long have you been with the Greenwich police department?

Bradley: 32 years.

Benedict: 32 years…That’s quite a spell. Me, I’ve only been a lawyer for eight years. You must know an awful lot about how people behave.

Bradley: That’s right.

Benedict: And, in those 32 years, have you heard of something called ‘Mischief Night?’

Bradley: Yes sir.

Benedict: And would you explain to the court what ‘Mischief Night’ is?

Bradley: Mischief night is the evening before Halloween. It falls on October 30 each year. Every mischief night we get all kinds of calls: people who’ve had their mailboxes blown up with cherry bombs, old folks getting crank calls. We do our best to control the mischief, but each autumn a new generation gets all riled up. Kids will be kids, I guess.

Defense Attorney Sherman: Objection! Speculation!

The Honorable Kavanewsky: Overruled. Continue, counselor.

Benedict: Thank you, Your Honor. Mr. Bradley, were you on Mischief-duty October 30, 1975?

Bradley: Yes, I was.

Benedict: And did you see Mr. Skakel that night? Perhaps with Mr. McGraw?

Bradley: Yes, I did.

Benedict: And, in your opinion, as a thirty-year veteran of the police force, as someone who’s worked on many October thirtieths and witnessed the gamut of bad behavior, was Mr. Skakel up to any mischief?

Benedict: Well, I did see him kill that girl.

Bradley: [sigh] No further questions, Your Honor.

—Published May 9, 2002