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- <text id=91TT1131>
- <title>
- May 27, 1991: When In Doubt, Obfuscate
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1991
- May 27, 1991 Orlando
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 24
- When in Doubt, Obfuscate
- </hdr><body>
- <p>Ted Kennedy's handling of the Palm Beach rape case echoes an
- old pattern of recklessness, evasion and irresponsibility
- </p>
- <p>By MARGARET CARLSON
- </p>
- <p> The facts are different, but the drama surrounding the
- Kennedys' latest tragedy has a familiar feel to it--as if
- their family tradition includes rules on how to behave when they
- get into trouble. First, confine risky behavior to one of the
- vacation houses where the local police are malleable. Second,
- surround yourself with the best lawyers and investigators the
- combined trust funds can buy. Third, when finally cornered by
- the press, promise total cooperation and regret that you cannot
- say more because it might impede the official investigation.
- Fourth, impede the official investigation.
- </p>
- <p> This strategy was so successful that Senator Edward
- Kennedy managed to keep his seat in Congress and even run a
- plausible campaign for the presidency after Chappaquiddick. The
- Kennedy approach is at work again in the investigation by Palm
- Beach police into charges that William Kennedy Smith raped a
- young woman on the grounds of the Kennedy estate during Easter
- weekend.
- </p>
- <p> The 1,300 pages of official documents released last week
- show that the Senator initially stonewalled the police and that
- neither he nor his son Patrick, 23, a Rhode Island legislator,
- was truthful about what he knew and when he knew it. The first
- lie was told when the police showed up at the Kennedy home while
- the family was preparing for lunch, shortly after 1 p.m. Sunday.
- William Barry, a former FBI agent who was a guest for the
- weekend, answered the door and told the officers that the
- Senator was not there and that his nephew might have already
- left town. In fact, both men were at the house, and a servant
- later told investigators that Barry and the Senator conferred
- in the kitchen right after the police left. Police say that when
- they phoned an hour later, a housekeeper told them Barry had
- taken the Senator and Smith to the airport. Yet Kennedy did not
- depart until the next day.
- </p>
- <p> Kennedy maintained that he did not know any rape
- allegations had been made against his nephew until after he
- returned to Washington. He later conceded that "Barry indicated
- to me that he had a call for me from the police," but the
- Senator never called the investigators back. He did, however,
- try to call Miami defense attorney Marvin Rosen three times by
- Sunday night. (Rosen's partner is now representing Smith.) In
- his sworn deposition, Patrick says he and his father talked
- about Smith's "whacked-out friend" shortly after the first
- police visit.
- </p>
- <p> In getting Smith a lawyer, Kennedy acted like any
- concerned uncle. But in other ways his actions were reckless and
- irresponsible. It was Kennedy who roused his son and nephew from
- a sound sleep on Good Friday night to ask, according to the
- Senator's own deposition, "if they wanted to have a couple of
- beers." The three men then set out for Au Bar, Palm Beach's
- hottest club, thus setting in motion the chain of events that
- ended with the alleged rape. There they met the 29-year-old
- woman who later accused Smith, and Michele Cassone, 27.
- </p>
- <p> Eventually, the five revelers returned to the Kennedy
- estate. What happened there is in dispute. According to the
- victim's deposition, Smith invited her to walk on the beach with
- him and then, as she attempted to leave, raped her by the pool.
- Smith refused to give police a statement, but Barry's son says
- he briefly saw two people lying on the lawn--which may raise
- some doubt as to whether force was used. Sometime between two
- and four in the morning, Cassone decided to leave. The victim,
- meanwhile, called a friend to pick her up. The next morning,
- according to Patrick's deposition, Smith told him that he had
- had sex with the woman.
- </p>
- <p> Once the depositions were made public last week, Kennedy
- altered his explanation again, saying his failure to call back
- the police in Palm Beach was a "semantic misunderstanding." He
- said he was confused because Florida, like many states, uses the
- term sexual battery instead of rape. Yet the Senator's puzzling
- words and deeds have given the incident a new and troubling
- dimension: whatever judgment is ultimately passed on William
- Smith, Kennedy and others from his household may face
- obstruction-of-justice charges for misleading police. That would
- be a novel situation, for facing up to consequences is one thing
- that has not been part of the Ted Kennedy tradition.
- </p>
-
- </body></article>
- </text>
-
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