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- NATION, Page 47JUSTICEThe People vs. a Dynasty
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- As the Palm Beach rape trial gets under way, America's most
- celebrated political family finds itself in the docket
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- By PRISCILLA PAINTON -- Reported by Cathy Booth/West Palm Beach
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- Armed with a good legal team, a little luck and the
- deference accorded a dynasty, the Kennedy family has generally
- finessed its transgressions. The public has never learned the
- full story of what happened when Mary Jo Kopechne drowned in Ted
- Kennedy's car at Chappaquiddick, when David Kennedy died of a
- drug overdose in a Palm Beach hotel, or when Joe Kennedy's jeep
- overturned on Nantucket and crippled a young girl for life. Last
- week, as the rape trial of William Kennedy Smith began in West
- Palm Beach with interviews of prospective jurors, the Kennedy
- family could count on two of its traditional assets. It has a
- good legal team (at least $1 million of the Kennedy fortune
- will be spent on lawyers, investigators, psychologists,
- pollsters and experts on everything from jury selection to grass
- stains), and it has the good luck of a semibotched police
- investigation that did not begin gathering evidence at the
- Kennedy Palm Beach compound until two weeks after the alleged
- crime took place.
-
- What the Kennedy family may lack this time is the
- deference that its name has customarily evoked. It is not just
- that the Palm Beach gentry always considered the Kennedys
- arrivistes, even after one of them was elected President of the
- U.S. And it is not just that the family of the alleged victim
- -- unlike the Kopechnes, who did not criticize the Kennedys
- until the 20th anniversary of the drowning -- knows its way
- around the legal system and has the money to pay for it. The
- difference is that the prosecutor, Moira Lasch, has a near 100%
- conviction rate and is as ruthless as any lawyer the Kennedy
- family ever hired. She watched seven years ago as her boss David
- Bludworth, the lead investigator of David Kennedy's mysterious
- drug overdose, was reprimanded by a judge for being "governed
- by what the Kennedys want you to do."
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- Lasch and Bludworth seem determined to prove the opposite.
- With an ice-cold calculation that belies her china-doll looks,
- Lasch has challenged virtually every request, motion or
- unanswered question from the Kennedy camp. When she learned that
- Smith had at one point retained Washington attorney Herbert J.
- Miller, she demanded that Miller be ousted and waved a book that
- described his role as Kennedy's counsel in the purported
- cover-up of the Chappaquiddick affair. "She knows her arguments,
- your argument and a few arguments nobody mentions," says
- Bludworth. Most of all, she is not afraid to make a move that
- skirts the ethical edge: last July, as detectives working for
- Smith spread negative publicity about the alleged victim, she
- filed documents saying that three other women -- a doctor, a
- medical student and the ex-girlfriend of a Kennedy cousin --
- were willing to testify that Smith had attacked them sexually.
- She was roundly criticized for delaying the trial six months and
- making public allegations that may be barred from court. But she
- did succeed in making it impossible for Smith to claim on the
- stand that he has an unblemished record with women without
- risking the introduction of contrary testimony.
-
- It is Lasch's sense of defiance that has been responsible
- for her greatest misstep so far: two months ago, she
- antagonized Judge Mary Lupo by asking that the judge recuse
- herself because of her "obvious bias" toward the defense, as
- reflected in her "scowling, glaring and frowning" at Lasch. The
- motion was denied, and the tension between the two women has not
- improved.
-
- If Lasch has been aggressive, so has her opponent. The
- Kennedy family has hired Miami lawyer Roy Black, who is
- affectionately known as "the Professor" for his gentle demeanor
- but who has been anything but gentle in his legal assault
- against the complainant. Backing him up is the more combative
- Mark Schnapp, who made his mark in the U.S. Attorney's office
- in Miami by prosecuting drug dealers and money launderers,
- including helping to draft the indictment against Panamanian
- leader Manuel Noriega.
-
- Since the charges of sexual battery were filed against
- Smith last May, the Kennedys have hired private analysts as far
- afield as Texas and Michigan to examine hair, blood and particle
- samples. Duke University's Institute of Policy Sciences and
- Public Affairs conducted two public opinion polls for Smith to
- determine if he could get a fair trial in Palm Beach. Three
- detectives, including Steve Roadruck, nicknamed "Dr. Dirt" for
- his ability to unearth damaging details, have worked for nearly
- three months to help discredit both the accuser and her story.
- The strategy, as laid out in court documents, is to prove that
- Smith's accuser has a "longstanding psychological disorder"
- caused by an abusive father, an oppressive stepfather, a
- childhood sexual assault by a gardener, and a series of
- abortions, which led her to fabricate her charges.
-
- How much of the woman's history will be heard in the
- courtroom under Florida's law protecting rape victims is
- uncertain. As the judge decided last week whether to introduce
- the victim's untorn blue bra and Victoria's Secret black panties
- as evidence (yes) and whether to reveal to the jury that she is
- an unwed mother (no), an estimated 200 journalists converged on
- the town to cover what is already the most publicized rape trial
- in history. Anyone looking for a break from the media circus can
- drive a few minutes to Sprinkles Ice Cream and Sandwich Shop and
- order a cone. But even that innocent pursuit carries a reminder:
- the latest flavor is Teddy's Best, vanilla ice cream spiked
- with the Senator's favorite drink, Chivas Regal.
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