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Expert On Coerced Confessions Casts Doubt On Skakel’s Statement

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Michael Skakel, left, is hushed by his attorney Hubert Santos, right, after speaking out of turn in court in Middletown, Conn., Tuesday, Jan. 24, 2012.  Skakel is seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley. (AP Photo/Jessica Hill, Pool)

Michael Skakel, left, is hushed by his attorney Hubert Santos, right, after speaking out of turn in court in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley. (AP Photo/Jessica Hill, Pool)

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By JOHN CHRISTOFFERSEN, Associated Press

VERNON, Conn. (AP) _ An expert on coerced confessions cast doubt Monday on testimony that Kennedy cousin Michael Skakel confessed to a 1975 murder, saying the alleged statements were made at a reform school where he was subject to beatings and humiliation.

Skakel’s attorneys called Richard Ofshe to testify in Rockville Superior Court, where they are challenging Skakel’s 2002 conviction on the grounds that he had ineffective legal representation during his trial.

Skakel is serving 20 years to life for Martha Moxley’s golf club bludgeoning when they were 15-year-old neighbors in Greenwich.

During the trial, two classmates testified that Skakel confessed at Elan School in Maine in the late 1970s, while former Elan students called by his defense testified that he never confessed despite being repeatedly beaten, spanked with a board and put in a makeshift boxing ring with a succession of students. They also said Skakel was forced to wear a sign that covered his body and urged students to confront him about the murder.

At Elan, the murder accusation was a way to “make his life a living hell,” Ofshe said. If Skakel shifted from denying the crime to saying he had no memory of it, the public abuse would stop, Ofshe said.

“In my opinion, he now had signified deference to the community,” he said.

Ofshe, a social psychologist who is professor emeritus at the University of California Berkeley, said one account, in which a student testified that Skakel gradually confessed, was unreliable. He said the other purported confession contained factual errors, such as a claim that Skakel returned to the crime scene two days later.

“It can turn out that a `confession statement’ under some circumstances actually given by a person in the course of confessing if properly understood should be classified as evidence of lack of knowledge of the crime,” Ofshe said.

Had trial attorney Michael Sherman contacted him before the trial, Ofshe would have strongly urged him to challenge the testimony, he said.

“Wake up smell the smoke,” Ofshe said, describing his response. “Mr. Sherman would have heard from me in no uncertain terms what I thought needed to be done.”

Sherman said last week he believed he had destroyed the credibility of the testimony through cross-examinations. He said his strategy was to show the confessions did not occur, so there was no need to bring in an expert to make the case they were coerced.

Prosecutors have long argued that Skakel confessed in non-coerceive settings. Skakel’s attorneys say the men who testified were abusive guards at the school.

(© Copyright 2013 The Associated Press. All Rights Reserved.)

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