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Court TV Host: We're going to be talking with Courttv.com's John Springer about the trial of Kennedy cousin Michael Skakel. The third day of jury selection has just concluded, and John Springer is here to tell us all about it...and discuss any other aspects of the trial you'd like to chat about. Welcome, John.
John Springer: Thanks, host. Hi everyone. A little news first...
Question from: ctv_warhorse2: How many jurors have been seated now & what is the make up? Gender, age of the ones seated?
John Springer: Two more jurors were picked today, bringing the total so far to five. The fourth juror was, believe it or not, a police officer from Darien, Conn.
And get this. Mickey Sherman represented a defendant who assaulted the officer while on duty. The fifth juror is a woman, apparently in her 50s, who is an administrative assistant. She said she did not want to serve but got picked anyway.
Court TV Host: About the police officer who was selected...
Question from: jom: How did the defense let THAT happen?
John Springer: Mickey Sherman said that the man appeared fair-minded.
He also said that the officer could be helpful in explaining to other jurors what good and bad evidence is presented, or words to that effect. There was an audible gasp in the courtroom when Sherman said, "Accepted."
Question from: legalbeagle: Mickey Sherman is clever, maybe he did it to taint the jury?
John Springer: I don't know if I would use the word taint. If Skakel is acquitted, he'll look clever. If he's convicted, he'll be looking for other work.
No, seriously it could be a good move. Maybe he just believed the man when he said he would keep an open mind. The officer, by the way, said he knows one of the retired Greenwich detectives who investigated the murder in 1975. That would be retired Det. James Lunney.
Question from: Your_Mama: What is the relationship between the Kennedys and Skakel? Whose child is he?
John Springer: Michael's father, Rushton Skakel Sr., is the brother of Ethel Skakel Kennedy. Mrs. Kennedy's late husband was Sen. Robert F. Kennedy, who was slain while seeking the Democratic nomination for president in 1968.
Although he's called "Kennedy cousin," perhaps Kennedy by marriage would be a better tag for the defendant. Robert F. Kennedy Jr. has said that several family members, possibly including Ethel, will attend portions of the trial to show support for Michael.
Question from: jom: Have there been members of the Skakels/Kennedys there yet? Or not till the trial?
John Springer: Michael Skakel's brother, Steven, and sister, Julie, have attended jury selection. No Kennedys so far. Michael is accompanied to court every day by his hulking body guard, who has also taken on the role of defense advisor. Mickey Sherman says he is part of the team. I doubt that we will see the Kennedy kin for jury selection, but I've been wrong once or twice (or 100) times before.
Question from: winetosser: What is the atmosphere like in court? I know it was a media circus on Tuesday, but how about now?
John Springer: Things have calmed down considerably. The die-hard media types, the local newspapers and Courttv.com in particular, are coming every day.
Only one or two of the satellite trucks that were there Tuesday remain. It would be great if some of that parking was freed up for people using the courthouse, but it is not going to happen.
Question from: jom: How would you characterize Skakel’s demeanor?
John Springer: He has smiled at prospective jurors and greeted reporters he recognizes, but he has neither been overly expressive or overly non-expressive.
When Sherman accepted the police officer, Michael and he huddled afterward, and it appeared the defendant had a lot to say or ask. Sherman said later that the defense was "in sync" on that decision. I wish Mickey was here to answer some of these questions.
Question from: ctv_warhorse2: Is either side using the services of jury experts to pick this jury?
John Springer: If they are, these experts are not in the courtroom. The prosecution had no comment when the Associated Press asked that recently. The defense says there was no need for it.
John Springer: Jury consultants are tricky thing. If the jurors realize a lawyer is using one, it could do some subliminal damage. There are tons of jury consultants out there that are itching to get a piece of this high-profile case.
John Springer: One second. My phone is ringing.
John Springer: It's Mickey Sherman!
John Springer: He's graciously agreed to answer a few questions. I'm going to type for him.
Court TV Host: Okay folks...
Question from: AbbeyRoad: What part, if any, will Tommy Skakel play in this trial?
Mickey Sherman: Damned if I know. The state is calling him for whatever purposes. But I am happy to have him there because he will be nothing but supportive for Michael.
Question from: jom: I'm confused about what I read in the Boston Globe today...why on earth would the defense wish to call the babysitter as a witness? I know who they mean, but what has she to do with a case 25 years old?
Mickey Sherman: I think she will be helpful to the defense obviously. But I do not think it would be appropriate for me to preview her testimony.
Court TV Host: Here's the question that everyone was speculating about before...now we can put it to Mickey Sherman himself...
Question from: ctv_warhorse2: Why did you accept the police officer on this jury???
Mickey Sherman: I thought he would make an excellent juror. I have the advantage of knowing him personally from several cases in which we were adversaries. !!!
Court TV Host: We're talking to Mickey Sherman, who is on the phone right now with reporter John Springer.
Mickey Sherman: Just because someone is a law enforcement officer DOES NOT mean they cannot be fair to a criminal defendant. I think it is the absolute test of how well this system works.
Question from: EyeofKnowledge: What's up with this body guard? Does Mr. Sakel think that poor Mrs. Moxley is going to assault him, or have there been threats? From its appearance, it looks like a flaunting of money on Mr. Sakel’s side.
Mickey Sherman: If he was flaunting money, he would have had a more grandiose team than me and two 28-year-old kids with no jury consultants or spinmeisters. With respect to the bodyguard, there are hordes of people outside the courthouse trying to get up close shots of Michael Skakel. We need someone large and imposing to cut a swath through the crowds.
Question from: kapsekom: What's the bodyguard's name - who is he - what is his background?
Mickey Sherman: His name is Kris Steele, and I have borrowed him from singer Michael Bolton, who is a friend of mine. He's worked for a lot of music people.
Question from: DuchessDuke: Is Michael Skakel's ex-wife a character witness or a witness for the prosecution?
Mickey Sherman: She's certainly not going to be a witness. Certainly not for the state.
Question from: EyeofKnowledge: How does the defense plan to portray the character of Mr. Sakel during the time of the incident and afterwards when he was making all the statements about his involvement in the murder while at this clinic?
Mickey Sherman: Michael Skakel made no admissions. Beyond that, you'll have to stay tuned for the trial and see what the evidence is.
Question from: legalbeagle: how many prospective jurors have been submitted and let-go by the defense?
Mickey Sherman: Both sides have used four challenges. We both have 14 challenges left.
Question from: ctv_warhorse2: Did Sherman win or lose the case involving the police officer that was assaulted?
Mickey Sherman: It wasn't a trial. It was a hearing where I asked for a pre-trial diversionary program which would allow my client to be given unsupervised probation for one year and then have the case dismissed. This officer contested the hearing but I won. The fact that he has no ill-feelings about that case or the hearing is a very good measure of his sense of decency and fairness. And that's one of the reasons why I was persuaded to ask him to serve on this jury. Most police officers are as professional and "standup" as this gentleman. I have grown to appreciate that over the years.
Question from: jom: Has Tommy Skakel, once a suspect, been completely exonerated? He has not been accused. But should Michael Skakel be acquitted, can they accuse the other brother?
Mickey Sherman: Yes they can. And oddly enough, the state attorney has indicated that he has not closed the investigation after having arrested Michael.
Question from: ketamarama: It seems like you could explain away one witness's story about Skakel confessing, but weren't there several people who claimed to have heard him confess? How do you explain that?
Mickey Sherman: I don't have to explain it. I don't "buy" the notion that several people heard him confess. I suggest you wait a few more weeks to see who these people are and what they have to say.
Question from: jom: What will Ken Littleton's role be, if any, in this trial? Mickey Sherman: Good question. They are calling him as a witness and it will be very fascinating to see what he has to say.
Question from: Sisu: IF Jim Terrien is going to provide Michael with an alibi, provided Terrien has absolute proof, why didn't he come forward and clear this up with the grand jury?
Mickey Sherman: Who says he didn't?
Question from: winetosser: It seems like the jury selection is coming along pretty fast. Any chance that the trial could start before May 7?
Mickey Sherman: I don't think so. I think the judge has basically carved into stone these dates, but I wouldn't rule it out.
Question from: ketamarama: What is the defense looking for in potential jurors?
Mickey Sherman: Well obviously I do not have a jury consultant nor do I go by the stereotypes. I am looking for people who can be fair to Michael Skakel and who will go into the jury room armed with a lot of common sense.
Court TV Host: Here's a follow-up question about Jim Terrien...
Question from: Sisu: Are you now telling us Terrien appeared before the grand jury????
Mickey Sherman: Grand juries are secret proceedings which I am not at liberty to talk about. I don't need to get hollered at by the judge before the trial even starts!
Question from: V: Who has M. Sherman successfully defended?
Question from: Duchess: Can you tell me more about Skakel's Attorney, hasn't had some pretty big cases previously?
Court TV Host: And who better to tell us? MICKEY: It's been 30 years, do you want me to list them alphabetically or chronologically?
John Springer: Mickey says he has to take a call from the AP. He'll be right back.
John Springer: Mickey represented Alex Kelly up until his rape trial but not do the trial. Kelly, who fled to Europe but came back to face the charge, was convicted.
Mickey's early claim to fame was the successful insanity defense to a murder charge brought against a Vietnam veteran who suffered post-traumatic stress.
He was the first lawyer in Connecticut to win a celebrated rehabilitation -- a special probation for first time offenders -- for a man charged with manslaughter. It was quite controversial.
John Springer: Finally, they passed a law in Connecticut know as the "Sherman Law" that prohibits former jurors from becoming jury consultants in criminal cases.
Mickey Sherman: I'm back, sorry.
Court TV Host: Lots of you were asking questions earlier about the selection of the police officer...and many of you wanted to know:
Question from: winetosser: I just can't imagine that a police offiicer would be at all sympathetic to the defense in this case.
Question from: EyeofKnowledge: Could this be a strategy of Mr. Sherman's to use this connection for an appeal if Mr. Skakel is found guilty?
Question from: legalbeagle: Kind of looks like he's leaving the door open to appeal, what do you think?
Mickey Sherman: In other words, am I purposely falling on a sword so that my client will have a great case for an "ineffectiveness of counsel" appeal? The answer is, of course not. As odd as it may sound, selecting this juror was a no-brainer.
Question from: winetosser: Mickey, do you have regular contact with Dominick Dunne, the author who wrote a fictional book based on the case, and do you expect him to visit the court?
Mickey Sherman: A. He will absolutely be visiting the court. B. I see Dominick at various functions, because we have mutual friends. We do speak from time to time. Even though I certainly disagree with his thesis about this case, he is a friend, and I enjoy his company.
Question from: EyeofKnowledge: Has Mrs. Moxley been in appearance at the jury selection?
John Springer: Mrs. Moxley was in court Wednesday and today. She's taking notes and looks quite interested. She even sketched a few prospective jurors. She's taking art lessons and wanted to practice and also to be able to identify them later in her mind.
Question from: kapsekom: Mickey - which golf club is the supposed murder weapon - exactly? I know it’s from the house - but was it a putter, wood or iron? Mickey Sherman: It's an iron.
Question from: JR: How large a part did Mark Fuhrman play in getting this to trial?
Mickey Sherman: I personally believe that is very debatable. I have always believed that it was the tenacity of Dorothy Moxley, for whom I have nothing but monumental admiration, that brought this case back to life. I only wish it would have a happy ending for her in some way, but I honestly don't believe that will happen.
Question from: ctv_warhorse2: Is Mark Fuhrman attending the trial?
John Springer: Mark Fuhrman has commitments to a radio program in Spokane, Wash., but may be around to do some TV commentary during testimony. That's not clear, though.
Question from: AbbeyRoad: Will Dorothy or John Moxley be called as witnesses for the prosecution?
Mickey Sherman: Yes, they have announced that every day.
Court TV Host: Mr. Sherman, do you have any closing thoughts? < Mickey Sherman: Only that we are all in here in the long haul and what may seem important today may become very unimportant tomorrow. I again cannot express how grateful I am that I am dealing with a prosecutor like Jonathan Benedict. He is a true gentleman and a damn good lawyer. The civility between counsel in a big trial makes things go a hell of a lot smoother.
John Springer: Thanks for the surprise visit, Mickey . Please come back to chat with our readers and viewers soon.
Court TV Host: Thank you for taking the time to join us online today. Mickey Sherman: Anytime.
Court TV Host: Here's a question just for John...
Question from: ketamarama: Hey, John, tell us about that crazy contraption you've been carrying into court with you.
John Springer: Well, I haven't tested it in court yet but I built a table on top of a camera tripod. It's adjustable and allows me to use my laptop more easily in the courtroom. It'll come in handy when testimony begins.
Court TV Host: Thanks, John....any closing thoughts?
John Springer: Sure. The witness lists are quite interesting. It appears that there will be little forensic evidence at the trial. The time of death, which is uncertain, and Mr. Skakel's alibi that he was at his cousin's house seem to be looming large. Prosecutors ask every prospective juror if they will hold them to a higher standard than beyond a reasonable doubt when it comes to the time of death. Of course, what the defendant said or did not say at the Elan School and conflicting accounts of his whereabouts at the time of the murder remain the defense's major hurdles.
Court TV Host: One final question from the person who earlier asked about the murder weapon, prompted by your comment that there will be little forensic evidence...
Question from: kapsekom: John, that's why I want to know about the golf club so much.
John Springer: The golf club was a 6-iron from the set belonging to Michael's deceased mother. The handle is missing but several witnesses are expected to testify that they believed they saw the leather grip at the crime scene. It's a major point of contention. Thanks, everyone. Gotta go write more stories.
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