Metro

Prosecutors object to Michael Skakel’s bail request

Michael Skakel is awaiting a new trial in the 1975 slaying of neighbor Martha Moxley. Skakel had previously been sentenced to life in prison.

Jason Rearick/Pool/File 2013

Michael Skakel is awaiting a new trial in the 1975 slaying of neighbor Martha Moxley. Skakel had previously been sentenced to life in prison.

NEW HAVEN — Prosecutors objected Wednesday to releasing Kennedy cousin Michael Skakel from prison while he awaits a new trial in the 1975 slaying of neighbor Martha Moxley.

Connecticut Judge Thomas Bishop ordered a new trial for Skakel last week, ruling that his trial attorney, Michael Sherman, failed to adequately represent him in 2002 when he was found guilty in Moxley’s golf club bludgeoning. Skakel and Moxley were 15-year-old neighbors in Greenwich at the time of her death.

Advertisement

Skakel, 53, the nephew of Robert F. Kennedy’s widow, Ethel Kennedy, was sentenced to 20 years to life.

Hubert Santos, Skakel’s current attorney, filed a motion after the ruling seeking a $500,000 bond. Bishop asked for legal briefs from both sides, questioning whether he has the authority to consider a motion for bond because his orders are stayed and state law excludes bail for those convicted of murder.

Get Fast Forward in your inbox:
Forget yesterday's news. Get what you need today in this early-morning email.
Thank you for signing up! Sign up for more newsletters here

Prosecutors said in a legal brief filed in Rockville Superior Court that Bishop does not have the authority to grant bond because of an automatic stay of his ruling while they appeal. Prosecutor Susann Gill said state law excludes bail for those convicted of murder and terminating the stay would thwart the administration of justice by requiring the state to retry Skakel before an appeal is finished.

‘‘The state is entitled to avail itself of the appellate process and seek vindication of a result it believes to be unjust,’’ Gill wrote.

In his brief, Santos said Bishop has the authority to grant bail and keeping Skakel locked up until his next trial ‘‘would be a miscarriage of justice of the highest order.’’

Advertisement

Santos said automatic stays during appeals do not apply to cases like Skakel’s and even if they did, the court has the authority to terminate the stay. He said Skakel was not a flight risk and that it’s ‘‘highly unlikely’’ prosecutors will win their appeal.

Gill said she disagrees with Santos’s argument that an appeal likely will not be successful.

Sherman has said he did all he could to prevent Skakel’s conviction.

It is unclear when Bishop will rule.

Loading comments...
You're reading  1 of 5 free articles.
Get UNLIMITED access for only 99¢ per week Subscribe Now >
You're reading1 of 5 free articles.Keep scrolling to see more articles recomended for you Subscribe now
We hope you've enjoyed your 5 free articles.
Continue reading by subscribing to Globe.com for just 99¢.
 Already a member? Log in Home
Subscriber Log In

We hope you've enjoyed your 5 free articles'

Stay informed with unlimited access to Boston’s trusted news source.

  • High-quality journalism from the region’s largest newsroom
  • Convenient access across all of your devices
  • Today’s Headlines daily newsletter
  • Subscriber-only access to exclusive offers, events, contests, eBooks, and more
  • Less than 25¢ a week
Marketing image of BostonGlobe.com
Marketing image of BostonGlobe.com
Already a subscriber?
Your city. Your stories. Your Globe.
Yours FREE for two weeks.
Enjoy free unlimited access to Globe.com for the next two weeks.
Limited time only - No credit card required!
BostonGlobe.com complimentary digital access has been provided to you, without a subscription, for free starting today and ending in 14 days. After the free trial period, your free BostonGlobe.com digital access will stop immediately unless you sign up for BostonGlobe.com digital subscription. Current print and digital subscribers are not eligible for the free trial.
Thanks & Welcome to Globe.com
You now have unlimited access for the next two weeks.
BostonGlobe.com complimentary digital access has been provided to you, without a subscription, for free starting today and ending in 14 days. After the free trial period, your free BostonGlobe.com digital access will stop immediately unless you sign up for BostonGlobe.com digital subscription. Current print and digital subscribers are not eligible for the free trial.