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Kennedy cousin gets new trial in 1975 slaying

| Wednesday, Oct. 23, 2013, 9:36 p.m.

HARTFORD — Kennedy cousin Michael Skakel was granted a new trial on Wednesday by a Connecticut judge who ruled his attorney failed to adequately represent him when he was convicted in 2002 of killing his neighbor in 1975.

The ruling by Judge Thomas Bishop marked a dramatic reversal after years of unsuccessful appeals by Skakel, the 53-year-old nephew of Robert F. Kennedy's widow, Ethel Kennedy. Skakel is serving 20 years to life.

Bridgeport State's Attorney John Smriga said prosecutors will appeal the decision.

Skakel's current attorney, Hubert Santos, said he expects to file a motion for bail on Thursday. If a judge approves it, Skakel could then post bond and be released from prison.

“We're very, very thrilled,” Santos said. “I always felt that Michael was innocent.”

Skakel argued his trial attorney, Michael Sherman, was negligent in defending him when he was convicted in the golf club bludgeoning of Martha Moxley when they were 15 in wealthy Greenwich.

Prosecutors contended Sherman's efforts far exceeded standards and that the verdict was based on compelling evidence against Skakel.

John Moxley, the victim's brother, said the ruling took him and his family by surprise and they hope the state wins an appeal.

“Having been in the courtroom during the trial, there were a lot of things that Mickey Sherman did very cleverly,” Moxley said about Skakel's trial lawyer. “But the evidence was against him. And when the evidence is against you, there's almost nothing you can do.”

In his ruling, the judge wrote that defense in such a case requires attention to detail, an energetic investigation and a coherent plan of defense.

“Trial counsel's failures in each of these areas of representation were significant and, ultimately, fatal to a constitutionally adequate defense,” Bishop wrote.

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