Kennedy Cousin Denied Bail at Hearing

Judge Thomas Bishop ruled Michael Skakel cannot yet leave jail as he awaits a new trial.
6:45 | 11/06/13

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Transcript for Kennedy Cousin Denied Bail at Hearing
This is a special room. Hello I'm Taina Hernandez in New York this ABC news digital special report Michael take all. -- remain in jail he was in court this morning as as bond request was denied. His lawyers had asked that -- will be released on 500000 dollars bond while he awaits a new trial. Second 2002 -- was convicted in the 1975. Murder of his neighbor Martha Moxley. He's the nephew of Robert Kennedy's widow Ethel Kennedy he -- conviction was overturned last month on grounds that his. Former attorney Mickey Sherman failed to adequately represent -- at a trial. That's your little of what his current attorney Hubert sentence had to say today. And the reason we're asking your honor to ought to terminate this day. Requires a little perspective on this case. Because what people some -- confused and I think it's a natural thing. You have -- here. -- you -- 51 year old. 53 year old man. Who's accused of committing a crime. At the age of fifteen. And so everybody who looks at him. Doesn't fully understand the relationship to what he has been accused doing. At the age of fifteen. At 1975. This case would never have been -- transferred to the -- docket. I'm joined now by ABC's caricatures he -- what was behind the judge's decision. To keep Michael Skakel in prison -- the judge Thomas bishop said he just didn't have the authority to grant Michael Skakel the immediate bail. That he is seeking and you heard defense attorney Hubert Santos said look if you don't do it now by the time we get -- -- the appeals -- all the legal imaginations. It's it's going to take far too long to get somebody who's already been deemed worthy of a new trial. Out on bail like any criminal defendant would be is entitled to. And the judge to seem to sympathize of that argument he said he knows the appellate process takes a long time but he said that's the process. And he bit -- didn't believe that he had the authority. To to grant the -- instead he said that authority belongs with the trial court and that's where he sent skakel's case back to. And his whole legal process we'll have to start again okay. Take us through this because it's a little bit confusing a judge can determine. Through the appellate process that the trial was unfair because he didn't have an adequate attorney. The prosecution is now saying before they retry him they want to continue until the appellate process is exhausted. -- sure they want to make sure that did the judge bishop was correct in ordering a new trial for Michael Skakel the state of Connecticut believes. That not only is the evidence overwhelmingly believe that that skakel. Head to -- find a sentence and they they took issue with the judge's ruling. That skakel deserves a new trial because his defense counsel was deficient they -- and -- Mickey Sherman did a fine job back in 2002. And even. -- that the evidence is overwhelming and that. Could be an argument that they'll make to a you know off and even higher court but assuming. For a for a minute tied it all of this it is as it is today. The case goes back to the trial court in in Stamford where Steagall was convicted in 2002. If the state decides to to try him again and then it would be up to that court to decide whether he should be out on bail -- -- that gets worked out. OK so there is a chance if he is indeed -- That he could get bail down the road. It down the road but it tool that decision could be you know weeks away did -- there's an automatic ten day -- period that that starts now. And so nothing will be moving until that ten day period ends. Then they'd have to schedule of bail hearing it they'd have to figure out -- -- house -- you know could be tried again and and at that point. It would be up to a trial court to decide whether he even deserves bail or is he a flight risk oh is he a threat to the community in all that the usual questions that are considered. When a criminal defendant asks to be released on bail. OK so for now Michael Skakel who served ten years of his sentence for turns to jail until further notice -- this makes its return to court system. That's right and you saw him today he was shackled at the wrist at one point he had to stand up. Before the judge and and and raise his right hand to be sworn in it was a bit awkward as he had to -- both hands because he had shackles around his wrists. And this has been skate goals life and you saw him look a little bit more -- boulder grayer. -- he has looked in in in the past but was able to put on it you know shirt and and jacket for this court appearance. It's -- has maintained his innocence the evidence against him. You heard prosecutors say it's overwhelming including several different concessions which skakel has since disputed nonetheless -- -- the crux of the case. Is whether his trial counsel was deficient the judge found it was. And so that's why this has all been sent back to you know back to back to the court now where he was originally tried -- It just -- -- questionnaire because of this is a fascinating case his current attorney bringing up the fact that this. Happened Wednesday -- was fifteen years old and back then he would not have been tried as adult. Yet all those years later when he was finally brought to trial because he was never tried as a teen. He was tried as an adult but in -- of a defense. Or an argument of the law that -- has already failed. It has and and the judge even today questioned Hubert Santos saying -- that that ship sailed a long time ago. Michael Skakel was 39 years old when he was finally put up on trial for the murder of Martha Moxley in 1975. And that -- -- of family of Martha Moxley has been going through this ever since and interestingly ABC news spoke with Moxley's mom. And she said look once you're a victim of a crime like this it -- -- view for the rest of your life and and so she said she is patient. And interestingly she told us at the time -- that even if Michael Skakel was granted -- even if he got out you know waiting for his new trial somewhere on the street. And she said. She would want to be his friend but neither would she necessarily oppose his release she believes that by now he -- probably become a changed man. -- very interesting perspective from the victim's family and interesting legal proceeding today you've been watching thank you aired pictures you for joining us. And even watching an ABC news -- -- special report Michael skakel's. Bond request denied that he returns to jail on time Hernandez New York thank you for.

This transcript has been automatically generated and may not be 100% accurate.

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