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TIME: Almanac 1993
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TIME Almanac 1993.iso
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1992-08-28
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NATION, Page 47JUSTICEThe People vs. a Dynasty
As the Palm Beach rape trial gets under way, America's most
celebrated political family finds itself in the docket
By PRISCILLA PAINTON -- Reported by Cathy Booth/West Palm Beach
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."
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.