Getting Right To The Point In Skakel
April 18, 2007
The parties wasted little time in getting to the central issue in the Michael Skakel new trial petition: Did defense counsel Mickey Sherman have sufficient information to explore a third-party culpability defense before the trial began? The state says yes, the defendant contends not.
Logic suggests that Skakel is a potential winner in either case. If Sherman had the information and did not use it, then Skakel loses the new trial petition, but is sitting pretty for a habeas corpus claim contending Sherman was ineffective. If the Sherman did not have the information, then the new trial claim is bolstered.
Of course, that assumes the third-party culpability evidence is both admissible and material. Those issues have yet to be decided. News story