Lawmaker wants to wipe out statute of limitations
Staff reports - Greenwich Time
A state legislator wants to eliminate the statute of limitations on all murder
cases with a law that retroactively to the Martha Moxley murder case.
Bob Farr, R-West Hartford will sponsor the measure in the upcoming General assembly session, he said in a statement yesterday.
Michael Skakel was charged in the 1975 beating death of Martha in their Greenwich neighborhood when they both were 15.
But some experts believe Skakel, who has been charged as a juvenile, cannot be prosecuted for murder.
In a recent article in the Connecticut Law Tribune, an authority on criminal defense law stated that Skakel, now 39, cannot be taken to court at all.
"In 1975, there was a five year statute of limitations on murder,"
said David Moraghan, president of the Connecticut Criminal Defense Lawyers' Association, who researched the law on the adult prosecution of juveniles.
The statute of limitations could create grounds for a motion to dismiss the charge against Skakel, according to Moraghan.
Skakel's attorney, Michael Sherman of Stamford', has declined to say whether he would use such a defense strategy.
Although a 1976 state law wiped out the old statute of limitations for all murder cases, that law has been interpreted as not applying to cases occurring earlier, Farr said ' He said his law would eliminate any exemptions - and would apply retroactively.
"This is a measure that will help restore faith in the system and help grieving families gain closure," Farr said.