KENNEDY THE KOPECKNE THE INOUE, IOU ir The first full public disclosure 414 of the events surrounding the $1.00 most controversial accidental death in recent history... Here, in the words of Senator Edward M. Kennedy and all the concerned witnesses, is the minute-by-minute account of the accident at the Chappaquiddick Bridge. ti • '4.- RELEASED TO PUBLIC SCRUTINY AT LAST THE OFFICIAL TRANSCRIPT OF THE INQUEST INTO. THE DEATH OF MARY JO KOPECHNE- INCLUDES THE VERBATIM STATEMENTS OF SENATOR EDWARD M. KENNEDY WITH PHOTOGRAPHS INCLUDES THE FULL TEXT OF JUDGE BOYLE'S DECISION c• t. INDEX COMMONWEALTH OF MASSACHUSETTS Witnesses will come into the courtroom ...singly; may be Dukes. ss. Edgartown District Court represented during their appearance In tit courtroom by tottered for the sole purpose of advice or constitutional rights FIRST DAY FIRST DAY against self-incriminationand, where approptiale, on privi- leged communicationand for no other purpose, and counsel Witnesses: Pagn No. Opening Statement by Judge Boyle and Testimony of for that witness will ICONS the courtroom when the witness Edward M. Kennedy leaves the email-mini, Ward M Kennedy 2 If circumstances arise where in my opinion the cause of BEFORE: justice will be served! will rebut this rule. If counsel has guide A. Robert Malloy 12 Hon. James A. Boyle, Justice of the Edgartown District Impel testimony which will be helpful and material I will re- Raymond S. LaRosa 14 Court ceive it. 19 Charles C. Teetter I will not exercise the option to separate witnesses. The PRESENT: personal facilities of the curothouse do nut allow it said much Edmund Din's, District Attorney for the Southern District time tun elapsed, many witnesses have been interviewed by SECOND DAY of Massachusetts, the press, some have previously testified in another moat and Armand Fernandes, Ambient District Attorney, some have been closely associated, to 1 question that their Peter Gay, Assistant District Attorney, for the Common- nepiuntion will have any value. wealth_ However, witnesses after testifying are ordered not to Charles C. Trotter 26 discuss their testimony with anyone except his or her counsel Edward B. Handy, Esq. and Robert G. Clerk, Jr., Esq., in until the transcript of the testimony and the Court's report Joseph Grogan 31 behalf of Fdwurd M. Kennedy. have been made public. There may be wane difficulty in thin Roo W. Riehrudi ....... 38 regard as to those witnesses who hare the taros counsel, no John 1. McHugh - 39 Thomas Teller, Clerk of Courts such counsel is ordered not to discuss the testimony of one 41 Paul F. Markham Ilelen S. 'fyra, Temporary Court Officer client with another client. Witnesses, if not fully briefed by John B. Crimmins 49 Harold T. McNeil and Sidney R. Lipman counsel before testifying, will be Weikel by the Court as to F_stlier Newburgh 55 Official Court Stenographers. their constitutional right not to incriminate themselves. The inquest has been closed by the Massachusetts Supremo Edgart own , Massachuwatts Judicial Court. As I interpret Dist decision. the purpose is to THIRD DAY Monday, January 5,1970 prevent pro-trial publicity In the event of SI subsequent crimi- nal prosecution. However, nothing in thin ennounrninent Wiluesse.s: MR. TELLER. The inquest ix: Mary Jo Kopechno origi- would jeopardize that. Therefore, since the press is here in nally scheduled for September 3, 1969, restrained by order force outside and nay publish which is oonjectural or dis- of a Justice of the Massachusetts Supreme Court and re- torted, it in my intention to release this renouncement to the Donald R. Mills 63 scheduled for today, will now begin. news media. Russell F. Peachey - 65 The Court will recess for lunch at 1:00 p.m. and will MR. FERNANI)ES: If your Honor please, solely for the 66 resume at 2. on p.m. purposes of the letter which your Honor has sent to the Christopher F. Look ,Jr, 77 'THE COURT. Today. District Attorney's office in presenting n memorandum or Eugene Erich 75 [Sidney R. Demon and Harold T. McNeil sworn so official brief; as a reply, we did o significant amount of research John N. From .... ...—...-...- ........ 77 inquest stenographers. I Including two trips to Boston. However, in preparing the TIIECOURT. It appear" to be appropriate at the outset of Richard P. Hewitt ........ 81 brief or memorandum, Mr. Ilanify's brief cause to our office this Inquest that the reason forts existence, the results that 82 and we found it to be excellent and we agree with the law he it is intended to accomplish, and the rules of procedure and found and in fact we found nothing different than whet he Dominick 1. Arena ..- R4 conduct 1 em adopting and orderine, with reasons therefor, stated in his brief. where advisable, should be pronounced, to the end that all TILE COURT: We aro short of facilities. I will now ask the shut stoke due notice thereof and be duly forewarned. witnesses to leave. We have a room here, the scrolled ploy POI/R.111 DAY The pertinent statutory proetedinga In Massachusetts ex- room and we have a lam library. You are not limited to go emplify a public poLlcy that the inquest serves as an aid in the there moll you ate needed here. 9Atnesses: achievement of justice in obtaining information as to whether I am concerned where you ore, and I want to discus. Inter or not a crime has been committed, so says our Massachusetts with the District Attorney the question of whether or not the Supreme Court in 1969. Inquests are, of cotuse, primarily for Father Newburgh ...— 96 tinting may be such as some witnesses may be excused for a the purpose of tukert•ining whetter or not any crime has been Maryellen Lyons ..... 99 morning or fur • day. It is not our intention to force you to committed says the Masuichmetts Law Quarterly 1921. The Robert P. Lucas 104 remain in some closed enclosure, some small enclosure here primary object of an Inquest is to ascertain the facts, to de- for • length of time. For the moment at least witnesses will George E. Killen 105 cide the question of whether or not criminal proceedings shall leave and go through that door, because you are going in a 105 Ann Lyons ................ be instituted Against the person or persons responsible for the room in that direction. Rosemary Keough 112 death. Massachusetts Law Quarterly 1925. tAli witim.es left the room.) Susan Tannenbaum 115 I urn grateful to you, Mr. Huffy, for your very accurate MR. EIANIFY: Might I address your Honor for a moment? Memorandum of Law. I would like to express my appreciation of Mr. Fernandes' MR. HANIFY. Thank you, your Honor. pleasant tribute to my memorandum. 1 am delighted that we Affidavits: 90 THE COURT. An inquest is an investigation. It Le not a seem lobe in accord with respect to the nuure of she presen- prosecution of anybody. II is not a trial of anyone. It is the tation made therein. duty of the Court to seek out and receive any and all infor- Report of Justice James A. Boyle I note diet your Honor has said that witnesses - counsel mation and testimony which is relevant, pertinent nod mate- Certification of Edward V. Keating, will leave with witnesses, with that witness and that you will rial to the tille5I1011 as to whether criminal conduct caused or relax that ruk if it is necessary. I take it that in substance - Clerk of the Superior Court _. 126 contributed to the death and conversely to reject that which THE COURT: That is not quite who I wail, but - 4.7 not. MR. DAMIEN', Well. what I wanted — Although the Judge is not hound by the rules of evidence TI1E COURT: If the circumstances warrant it in my that apply in criminal cases, it is as much the duty of lilt opinion. Court to decline to receive such improper testimony to the MR' HANIFY: In your opinion. 1 understand that, your end that penults innocent of any criminal involvement be not honor, I Pat wanted to be VAR so iiir as 1 am concerned us Injured In reputation. counsel for Edward M. Kennedy, I will be permitted with The Inquest' u published by EVR Production, Inc., a subsidiary of Magnum-Royal Publications, lac.. For the reasons stated shove and because this is nor an Judge Clark to be here while he testifies, but unless you make adversary proceeding, transcript of testimony will not be fur. 1560 Broadway, New York, N.Y. 10036 and Lincoln Graphic Arts, Inc., 21)0 Finn Court, some other rule, I will be excused and will riot be permitted niched to the District Attorney or to remain. The District Attorney. who maim an option by the Farmingdale. N. Y. 11735. Special contents eopyright0, 1970 by CYR Production, Inc mints THE COURT: Yes to examine witnesses, does not function 1111 a prosecutor but MR. RAMIFY'. Is that corree0 and Lincoln Graphic Arts, Inc. rather as an aide to Ma Court in the presentation of testimony TILE COURT: You This assistance does not relieve the Court of the duty to seek MR. HANIFY: Thank you, your Honor Tn the extent of and °Mein additional information if it IiIIINTED IN U.S.A. considers such to Ire any mord foe preservation of right; on that point. I respect- necessary. fully make it. I oleo gather that the instructions which you gave with that is that this gentleman Is here today. Do you want us to respect to WillIESSOS conferring only with their coon., after Q May we have that name? Q Whet automobile was being used al that time? excuse hint? A A four-door Oldsmobile 88.