Affidavit for the arrest of Thomas Skakel found
By Kevin McCallum - Stamford Advocate
NORWALK -- Just as the judge in the Michael Skakel murder trial was preparing to adjourn for lunch yesterday, Deputy Chief State's Attorney Christopher Morano swooped into the courtroom with a yellowing document and made an announcement.
"We've located the affidavit, Your Honor," Morano excitedly told Superior Court Judge John Kavanewsky Jr.
The missing document has been a point of contention since Skakel's attorney, Michael Sherman, learned last week that Greenwich detectives once sought an arrest warrant for Skakel's older brother, Thomas, in the murder of Martha Moxley.
Michael Skakel, 41, now stands trial for that crime.
Sherman had requested a copy of the document, but prosecutors never turned it over. State's Attorney Jonathan Benedict told the judge he didn't have a copy of the affidavit and didn't know where one could be found.
Sherman asked the judge to order the prosecution to look harder for the document, but Kavanewsky refused.
"We've been looking for it ever since this issue came up," Morano said after court stopped for lunch. "My administrative assistant found it this morning in a box in the basement."
After Morano handed the original document to the clerk and a copy to the defense team, Skakel and his attorneys huddled together to inspect the document for the first time.
According to former Greenwich Police Chief Thomas Keegan's testimony last week, he wrote the affidavit in May 1976 because he believed that probable cause existed to arrest Thomas Skakel in the murder of his 15-year-old neighbor.
When Keegan, the commander of the detective squad at the time, presented the sworn document to prosecutors, however, they disagreed, and "rejected" his request, Keegan testified.
Though many of the details in the document had been well-established during the first week of the trial, some parts had not been discussed.
"On numerous occasions Thomas Skakel has displayed acts of violence and rage, and on one occasion, slashed an oil painting of himself across the groin area," the affidavit reads. ". . . A check of the medical and psychological records of Thomas Skakel revealed that he had suffered a skull fracture at age four, and as a result suffered from frequent and quite sudden outbursts of severe physical violence, incontinence and threats against siblings."
The affidavit ends by noting that a pathologist profiled the killer as "a male subject, 17 to 18 years of age, who was known by the deceased and a resident of the area, who had psychological and sexual problems."
The document explains that Moxley was last seen at about 9:30 p.m. Oct. 30, 1975, in the driveway of the Skakel home with Thomas Skakel, and that the two were "pushing and jostling each other," the affidavit states.
It outlines how Moxley's body was found the next day, along with three pieces of a golf club later traced to a set belonging to the Skakel family.
During interviews with police, Thomas Skakel said the last time he saw Moxley she told him she "might go out and throw eggs and spray shaving cream," the documents read.
At that point, he told police he left Moxley and "went to his room to do homework and work on a school project on Lincoln Log Cabins," the affidavit states.
Police, however, believed Tom Skakel, who was 17 at the time of the murder, wasn't telling them the truth.
"Members of this department did check with the Brunswick School, which Thomas Skakel attends, and they had no knowledge of any project concerning Lincoln Log homes," the affidavit reads.
It also notes that tutor Ken Littleton checked Thomas Skakel's room at 10 p.m. and found it empty.
(This was contradicted by Littleton's testimony yesterday, when he said he never went up to Thomas' third-floor room.)
Keegan notes that while Thomas Skakel confirmed he was "pushing and jostling" Moxley in the driveway, he told police he "could not remember exactly what went on."
The document goes on to say that the Skakel groundskeeper, Franz Wittine, reported he had been picking up sticks in the yards for the two days before the murder and never saw any golf clubs laying around.
Thomas Skakel was never arrested or charged in Moxley's murder. He lives in Stockbridge, Mass., with his family. He is on the prosecution's witness list, but Morano said yesterday he is not certain whether Thomas Skakel would testify.