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Attachments: # 1 Appendix Part 1 of 6 Skakel v. Murphy Doc. 33 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MICHAEL C. SKAKEL : CIVIL NO. 3:07 CV 1625 (PCD) Petitioner : : v. : : PETER J. MURPHY : Respondent : OCTOBER 27, 2008 PETITIONER’S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT HUBERT J. SANTOS Federal Bar No. ct 00069 HOPE C. SEELEY Federal Bar No. ct 04863 SANDRA L. SNADEN Federal Bar No. ct 18586 SANTOS & SEELEY, P.C. 51 Russ Street Hartford, CT 06106 Tel. (860) 249-6548 Fax (860) 724-5533 Dockets.Justia.com TABLE OF CONTENTS Table of Contents................................................................................................................... i I. PROCEDURAL HISTORY .........................................................................................1 A. State Trial Court Proceedings .........................................................................1 B. Appellate Proceedings.....................................................................................2 C. Federal District Court Proceedings – The Instant Petition For A Writ Of Habeas Corpus.............................................................4 II. STATEMENT OF FACTS...........................................................................................5 A. October 30, 1975: Mr. Skakel’s Alibi and No Physical Evidence .....................5 B. Another Suspect: Kenneth Littleton .................................................................7 C. The Elan Statements: Emotional and Physical Torture ...................................9 D. Post-Elan Statements, Hearsay and Prejudicial Tabloids.............................. 18 III. ARGUMENT.............................................................................................................23 A. The Connecticut Supreme Court Violated The Ex Post Facto Clause And The Due Process Clause Of The United States Constitution When It Overruled Its Own Binding Precedent In Order To Authorize The Prosecution Of The Petitioner That Had Previously Been Time-Barred .........................................................................................24 1. Facts And Procedural History Relevant To This Claim ...................... 24 2. The Applicable Constitutional Provisions ........................................... 27 3. The Connecticut Supreme Court’s Prior Expressed Law ................... 32 4. The Connecticut Supreme Court’s Decision Was Contrary To Clearly Established Federal Law As Determined By The Supreme Court Of The United States ................ 37 a. Bouie v. City of Columbia, 378 U.S. 347 (1964) ...................... 37 i b. Marks v. United States, 430 U.S. 188 (1977) .......................... 39 c. Rogers v. Tennessee, 532 U.S. 451 (2001) ............................ 41 d. Conclusion ...............................................................................44 5. The Connecticut Supreme Court’s Application Of Its New Statutory Interpretation To The Petitioner Conflicts With The Decisions Of Federal Courts Of Appeals And Another State Supreme Court ............................................................44 B. The Connecticut Supreme Court’s Decision Regarding The State’s Withholding Of Certain Exculpatory Evidence Violates The Petitioner’s Constitutional Right To A Fair Trial As Set Forth In Brady v. Maryland, 373 U.S. 83 (1963)......................... 48 1. The Sketch .........................................................................................48 a. Additional Facts And Procedural History Relevant To This Claim ...........................................................48 b. The Connecticut Supreme Court’s Finding That The Sketch Was Not “Suppressed” Under Brady v. Maryland Is Contrary To Established Federal Law .............. 53 2. The Profile Reports ............................................................................64 a. Additional Facts And Procedural History Relevant To This Claim ...........................................................64 b. The Connecticut Supreme Court’s Decision Ignored The Requirements Established By The United States Supreme Court In Brady v. Maryland And Its Progeny .......................................................................66 c. Considering The Issue On The Merits, The State Was Required To Provide The Summary Profile Reports Relating To Littleton And Thomas Skakel To The Defendant Pursuant To Brady v. Maryland.................. 67 d. Conclusion ...............................................................................69 ii C. The Connecticut Supreme Court’s Decision That Mr. Skakel Was Properly Transferred To Adult Court Violates The Due Process Clause Of The United States Constitution ........................................................................................69 1. Facts And Procedural History Relevant To This Claim ...................... 69 2. The Connecticut Supreme Court’s Decision That The Petitioner Was Appropriately Transferred To Adult Court, Based On An Administrative Regulation, Was Improper .................................................................. 74 3. The Connecticut Supreme Court’s Improper Reliance On The 1994 DCF Regulation Violated The Petitioner’s Right To Due Process of Law ................................... 79 4. The Connecticut Supreme Court’s Retrospective Application Of The 1994 DCF Regulation Violates The Due Process And Ex Post Facto Clauses Of The United States Constitution ........................................................... 82 D. The Connecticut Supreme Court’s Decision Regarding Prosecutorial Misconduct That Took Place At The Petitioner’s Trial Violates The Due Process Clause Of The United States Constitution...................................................................... 84 1. Facts Relevant To This Claim ............................................................ 86 a. The State’s False And Misleading Story About A Forensic Cover-Up By Michael Skakel And His Family ............................................................. 86 b. The State’s False Story About A Skakel Family Conspiracy To Orchestrate A Fabricated Alibi .......................................................................90 c. The State’s Argument That The “Skakel Family” Believed That They “Had A Killer Living Under Their Roof”..........................................................93 d. The State’s Scripted Argument Calling Petitioner “The Killer” And “Spoiled Brat” ................................. 95 iii e. The State’s False Allegation That The Petitioner Masturbated On The Victim’s Body.......................... 96 f. The State’s Misuse Of The Evidence In Its Audio-Visual Presentation Of A Fictional Confession During Closing Argument ...................................... 98 2. The Connecticut Supreme Court’s Decision Was An Unreasonable Application Of Established Law And/Or Was Based On An Unreasonable Determination Of The Facts In Light Of The Evidence Presented ................................ 100 a. The Forensic Cover-Up.......................................................... 100 1. Misrepresentation Of The Chronology ........................... 101 2. The State’s Comment That DNA Evidence Was The “Real Deal”......................................................103 b. The Conspiracy To Fabricate An Alibi ................................... 105 c. The Family’s Belief That They “Had A Killer Living Under Their Roof” ............................................... 108 d. The State’s Name-Calling Of The Petitioner .......................... 112 1. The State’s Use Of The Term “Killer”............................. 112 2. The State’s Use Of The Phrase “Spoiled Brat” .............. 113 e. Masturbation On The Victim’s Body....................................... 115 f. The State’s Audio-Visual Presentation....................................... x 3. The Cumulative Effect Of The State’s Misconduct............................ 122 E. The Petitioner’s Federal Due Process Rights Were Violated Due To The Admission Of Coerced Confessions .......................... 124 1. Additional Facts Relevant To This Claim .......................................... 124 2. The Connecticut Supreme Court’s Decision ..................................... 124 iv 3. The Connecticut Supreme Court’s Decision That The Admission Of Coerced Confessions Did Not Offend The Federal Due Process Clause Was An Unreasonable Application Of Federal Law ....................................... 125 IV. CONCLUSION ....................................................................................................... 127 v UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MICHAEL C. SKAKEL : CASE NO. 3:07 CV 1625 (PCD) Petitioner, : : v. : : PETER J. MURPHY, : Respondent. : OCTOBER 27, 2008 PETITIONER’S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Pursuant to Rule 56 of the Federal Rules of Civil Procedure and Rules 7 and 56 of the Local Rules of Civil Procedure, the Petitioner, Michael C. Skakel (hereinafter “Mr. Skakel” or “Petitioner”), hereby submits this Memorandum of Law in support of his Motion for Summary Judgment. I. PROCEDURAL HISTORY A. State Trial Court Proceedings Mr. Skakel was arrested and charged on January 19, 2000 for the October 30, 1975 murder of Martha Moxley in Greenwich, Connecticut. Mr. Skakel, who was 39 years old on the date of his arrest, was initially presented in juvenile court because he was 15 years old at the time of the homicide. Appendix at A391 (hereinafter “App. ___”). The juvenile court (Dennis, J.) granted the State’s motion to transfer the matter
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