HARTFORD, Conn., Nov. 20 (UPI) -- Kennedy kin Michael Skakel's final hope of avoiding a murder trial rested on a legal loophole in effect at the time neighbor Martha Moxley was bludgeoned to death in 1975, reports said Tuesday.
Both Skakel and Moxley were 15 when she was slain with his mother's golf club.
The 41-year-old nephew of Sen. Robert F. and Ethel Skakel Kennedy lost another round in court Monday when the Connecticut Supreme Court rejected his appeal to have his case returned to juvenile court.
The state's high court said Skakel could not appeal the decision he be tried as an adult until after his trial is completed.
Monday's decision left the Skakel defense with one last hope to avoid trial.
Skakel's attorney, Michael Sherman, has argued in Superior Court the statute of limitations in the Moxley case expired years ago and that the charges against his client should be thrown out.
In 1975, when Moxley was found beaten to death on her family's estate in Greenwich, Conn., there was a 5-year statute of limitations for charging someone with a crime that was not punishable by death, including murder. Because Skakel was not charged in a death penalty case, his attorney claimed the statute of limitations applied to his client.
After the Moxley slaying, lawmakers quickly closed the loophole and removed the statute of limitations from all murders.
A decision on that motion by Superior Court Judge John F. Kavanewsky Jr. is expected at any time. If he gives the go-ahead, a trial is expected to begin early next year.
Lead prosecutor Jonathan Benedict said he was confident the case will go to trial because the state Supreme Court has ruled three other murder cases that fell under the same loophole could proceed.
"We're still waiting on Judge Kavanewsky's decision," Benedict said in Tuesday's Hartford Courant. "I'd love to start it early next year. Once we get Judge Kavanewsky's decision, presuming the state prevails, we're ready to sit down and talk about trial dates."
John Moxley, the victim's brother, called Kavanewsky's anticipated ruling a "linchpin" at this point.
"Now, more than anything, we're waiting for the state Superior Court to make its ruling on the statute of limitations," Moxley told the Boston Globe. "It's frustrating that the Skakels are still looking for legal loopholes to work through."
In its Monday ruling, the high court dismissed Skakel's appeal of the transfer of his case from juvenile to adult court.
Skakel had challenged the decision by Superior Court Judge Maureen Dennis that he had to be tried in adult court because there were no facilities within the state's juvenile system that would be "suitable" for Skakel.
"We conclude that the transfer order was not an appealable final judgment," wrote Chief Justice William J. Sullivan.
The decision has significant consequences for Skakel. If convicted as an adult, he faces up to life in prison. If convicted as a juvenile, he'd spend no more than four years in custody.
The court said if Skakel is convicted, the issue of transfer to adult court could be included along with any other appellate issues.
"This was not a shocking development," Sherman said. "He's always believed this case may well go to trial." Sherman said Skakel "is optimistic" but "is certainly anxious about going to trial on a murder case, as anyone would be, and he looks forward to being exonerated."
The case against Skakel has attracted national media attention because he was raised in the midst of the Kennedy clan of cousins.
During probable cause hearings last year in Juvenile Court, a witness who spent time with Skakel at a substance abuse program in Maine, said Skakel had boasted to him that he would escape punishment for murder because "I'm a Kennedy."
