Conn. Reverses Precedent to Uphold Skakel Conviction
For those concerned about the possibility of Judge Sam Alito voting to overturn Roe v. Wade, consider the Connecticut Supreme Court's opinion yesterday upholding the conviction of Michael Skakel for the murder of Martha Moxley. Precedent? Forget about it.
Convicted killer Michael Skakel's best bet for freedom was rooted in a 1983 state Supreme Court ruling that would have barred his prosecution for the 1975 fatal bludgeoning of his friend and neighbor, Martha Moxley, 25 years after the slaying. But the Supreme Court, in upholding Skakel's conviction Friday, dramatically reversed its own precedent, saying the 1983 ruling was "fundamentally flawed."
"Although we will not lightly reverse long-standing precedent, we are unwilling to compound the error that we made in [1983] by approving it again today," Justice Richard N. Palmer wrote in the court's unanimous ruling.
In Skakel, the issue was the statute of limitations:
The legislature in 1975 passed a law that imposed a five-year statute of limitations, or deadline, for prosecuting all crimes, except those punishable by death. The following year the legislature passed an amendment specifically exempting from the five-year statute of limitations all Class A felonies, including murder. The amendment took effect April 6, 1976 - nearly six months after Moxley was killed.
At issue in the 1983 state Supreme Court ruling was whether the amendment applied retroactively. The court ruled that it didn't, when it upheld the dismissal of murder and other felony charges filed against Wilbur Paradise in 1981, for a 1974 incident. "Upon reconsideration, we are persuaded that Paradise was wrongly decided," Palmer wrote in the Skakel decision. Chief Justice William J. Sullivan and Justices Joette Katz, Christine Vertefeuille and Peter T. Zarella concurred.
At the time Martha Moxley was murdered, there was a five year statute of limitations in effect. In order to get around it and affirm Skakel's convction, the Court reversed its prior ruling of more than 20 years standing that an amendment excluding murder from the time limit could not apply retroactively.
If the defendant was a Joe Schmo no one ever heard of, would the decision have been the same? Or did the court want to affirm Skakel's conviction so badly it was willing to reverse it's own precedent to do so?
Anyone who believes Sam Alito would not do the same thing in an abortion rights case is fooling themselves.
The 89 page opinion in Skakel is here. (pdf)
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