i spoke personally with mickey sherman a short time ago. he's not doing press interviews.re is always disappointment with a ruling like this but he said he's happy that there is a chance that michael skakel could be released, of course, a bond hearing is probably going to start launch -- be launched this week and he could be released next week. all was believed in michael's innocence and he says it's natural when you lose a case that there is some disenchantment. that's normal. but he didn't want to comment further because clearly, we could still be in litigation. there is a pending appeal. >> thank you. >>> i want to bring in jeffrey toobin, star jones, and cnn legal analyst and criminal defense attorney mark o'mara. mark, you had a pretty fiery encounter earlier with robert f. kennedy. what is the reality of legality that happened? >> one of the common things people raise after a trial, i had a bad lawyer, please overturn my conviction. it almost never works. the fact it worked here is frankly astonishing to me because i saw mickey sherman in that trial. sure, perhaps he

and you heard her praise for mickey sherman.poke personally with mickey sherman a short time ago. he's not doing press interviews. there is always disappointment with a ruling like this. but he said he's happy that there is a chance that michael skakel could be released. of course, a bond hearing is probably going to start launch -- be launched this week and he could be released next week. all was believed in michael's innocence. and he says it's natural when you lose a case that there is some disenchantment. that's normal. but he didn't want to comment further because clearly, we could still be in litigation. there is a pending appeal. >> ashleigh banfield. thank you very much, indeed. i want to bring in jeffrey toobin, star jones, and cnn legal analyst and criminal defense attorney mark o'mara. jeffrey, let me start with you. you had a pretty fiery encounter earlier with robert f. kennedy. what is the reality of legality that happened? >> one of the common things defendants raise after a trial, my lawyer did a bad job. i had a

but what mickey sherman did not do was point the finger at him. and that's the core of the judge's opinion. and now -- >> you know what? i can tell, jeffrey -- >> i'm trying to agree with you. >> i know. you read the first 20 pages of the decision. you didn't read the sections about higgins and coleman and the other witnesses. >> i certainly did. >> and yeah, he talks about tommy skakel during the first part of his opinion but it's 136-page opinion. he just released it. i don't blame you for not having read the whole thing. but for you to settle on tommy skakel and say on national tv that tommy skakel did this crime -- >> i didn't say that. >> -- that's unethical and you shouldn't do it and it's the same thing you did to michael skakel for an entire year. >> i said it because there was evidence at trial. >> you said it again and again, jeffrey. again and again, jeffrey. >> no question a long history here. let me read a statement from mickey sherman says "i've always believed in michael's innocence. i'm happy for his release." that was obtained by

but what mickey sherman did not do was point the finger at him. and that's the core of the judge's opinion. and now -- >> you know what? i can tell, jeffrey -- >> i'm trying to agree with you. >> i know. you read the first 20 pages of the decision. you didn't read the sections about higgins and coleman and the other witnesses. >> i certainly did. >> and yeah, he talks about tommy skakel during the first part of his opinion but it's 136-page opinion. he just released it. i don't blame you for not having read the whole thing. but for you to settle on tommy skakel and say on national tv that tommy skakel did this crime -- >> i didn't say that. >> -- that's unethical and you shouldn't do it and it's the same thing you did to michael skakel for an entire year. >> i said it because there was evidence at trial. >> you said it again and again, jeffrey. again and again, jeffrey. >> no question a long history here. let me read a statement from mickey sherman says "i've always believed in michael's innocence. i'm happy for his release." that was obtained by

i didn't think mickey sherman did a particularly good job, but it is normally very, very difficult tohe basis of ineffective assistance of counsel, that he won on that claim is completely astonishing to me, and given all the avenues he had for appeal, this was one that i thought was one of the weakest. so i am certain that the prosecutors here will appeal this decision to the connecticut -- through the appellate process, so i'm not sure that the last word has been said on the case. >> so what you're saying is there may not be a new trial if there's a different decision by a higher court? >> correct. but in the meantime t. i do think he is very likely to get out on bail. you know, the two issues, you know, that come up with bail -- are you a danger to the community? are you likely to flee? i think his lawyers will be able to make a good case that michael skakel is a good bail risk. so i think at least in the meantime while this legal process goes forward, michael skakel is likely to be released on bail. >>> is he technically innocent right now? >> well, he is now presumed innocent. he

. >> you were there for the trial and saw mickey sherman in court. you're not a legal expert.ou think he was ineffective in your view? >> no, i thought he did some things very well. let me tell you this, i would rather have jonathan benedict any day of the week because he's more my personality type and my sense is micki was more the skakel personality type but he did some things during the course of the trial that i remember there was one where i called up jonathan benedict and said you guys missed something here and this guy is going to do something, and, you know, he did. it was -- and what he did was he didn't ask any more questions. they -- the state thought that he was going to cross-examine and then they would be able to go back into it and then he saw a hole and he said i'm closing it. no questions, thank you. and it was a -- i thought at the time a critical witness, and i thought it was a brilliant move to do nothing versus doing something, and he was very good in that regard. >> and in your belief michael skakel is still guilty? >> yeah, there were things that come ou

but the judge says mickey sherman ignored the possibility at trial that scaiblg's brother tommy, theth martha moxley, could have done it. >> michael skakel's brother, tommy, was always thought by many people to have really been the more logical defendant, and yet, at the trial, this judge certainly finds that mickey sherman did not point the finger at tommy skakel, the bracket. >> reporter: but tonight, michael skakel's family is cheering the ruling, and the view that justice would mean his release. skakel's cousin, robert f. kennedy jr. >> my children and i get on our knees and pray every night, and one of the things that we've prayed for, for the last 10 years, was that michael skakel would get justice. >> reporter: prosecutors will appeal, saying it was not an inadequate defense that led to michaemichael skakel's convictit overwhelming evidence. as for mickey sherman who later did time in federal prison for tax evasion he released a statement about skakel possibly being freed. if my reputation suffers some collateral damage, he said, so be it. he should never have been convicted.

mickey sherman i personally know. mickey sherman is a competent attorney.e direction of decisions made by the skakel family including not to bring certain things forward or certain witnesses. so maybe the skakel family should look in the mirror if they want to say there was some kind of problems with the defense. martha: you know, seems just a couple seconds left, but when you dig into this, they are just arguing that michael skakel should spend time with his own 14-year-old son, ironically almost same age as martha moxley. he has been sober for 31 years. basically sounds like the argument is let him out on good behavior. >> sounds kind of silly because you have children and now a past alcoholic, somehow that plays into the equation. martha moxley is dead. she will always be dead. her family will always miss her. i don't think it is one of the issues in this case. and think that if they have another trial, if justice serves anybody, it will serve dorothy and john moxley and put him right back in jail. martha: yeah. they fervently believe michael skakel is t

not just that it was about mickey sherman, his lawyer, he didn't do it. do you believe that?ith all my heart, chris. in a cop's life, private detective's life, there's always that one case that you look back on as years go by and you say, that case didn't go right. that should have had a different ending. this was always that case for me, chris. but now we stopped it as of yesterday. >> can i jump in and ask vito a question. do you think tommy did it? that's very much what the judge seemed to imply. do you think he did it? thomas skakel killed martha moxley? >> jeff, i'm not going to answer that one right now. i'm going to let it play its course. we have a lot of evidence beginning into this new trial, which i don't believe they'll have a new trial. but if they do, we have stuff, we have the rochester, new york police officers that would have totally discredited greg coleman. okay? totally. and they were not brought in. there were many people like that that i want brought into this trial and they never were brought in. >> if michael skakel didn't do it, who did? >> that's the

>> fred, let me just say that i know mickey sherman personally and, you know, we as defense attorneysions all the time on appeal, but i just want to say, fred, if it was me on trial, i would hire mickey in a heartbeat to defend me in a case. that's how good he is. and i think the judge has it all wrong here, you're the judge, fred, and i think it will be -- i think mickey's representation will not be tarnished in this particular case. he did an outstanding job. >> and he was happy about the result. mickey sherman was happy about the result, even though the judge said he was incompetent. >> happy for the client. >> in the interview, both you gentlemen, if it comes to another trial, do you feel the evidence will hold up or because of technology there might be more evidence that would be able to be presented in this case? >> avery? >> it is over 40-year-old murder case here, fred. look, you have consciousness of guilt, you have three point blank admissions, you have dozens of incriminating statements by skakel, and you have a consciousness of guilt. very difficult, difficult case. >> qui

unfortunately his counsel, mickey sherman, failed to call those witnesses. the other, that michael had confessed to them, but there were many rebuttal witnesses who were there at the time and said that the confession never took place, and that michael never did that, but those witnesses again were not called by mickey. i think there was a, at that time there was a press pack mentality, a press scrum that was led by dominic dunn and by mark furman which said that, which had this narrative that said, okay, here was aiken dithat got away with murd kenne away with murder. neither of them are kennedys and second of all neither of them committed murder. nobody knows who murdered martha moxley and one of the things i pointed out in my "atlantic monthly" piece which came out right after the trial was that there were many, many other suspects that had lots better evidence against them than the evidence against michael. unfortunately again, mickey sherman didn't bring that up during trial and that's one of the things that the judge, judge bishop faulted him for. >> wh

found under a tree on halloween 1975 >> and yet at the trial, this judge certainly finds that mickey sherman did not point the finger at tommy skakel, the brother. >> sherman says he's not worried about damage to his reputation. skakel, he says, should never have been convicted. prosecutors will appeal skakel's release and the new trial. in greenwich, connecticut, wjz eyewitness news. >> skakel's attorney requested his client be released on half a million dollars bond. >>> a videotaped confession of a man accused of killing washington red skins safety sean taylor is played for the jury. yesterday, a detective testified 23-year-old erik rivera, jr., admitted to breaking into taylor's home, kicking down the bedroom door and shooting him. prosecutors say rivera and four others from the fort myers area thought taylor would be playing a game when they went to his home, but he happened to be home with an injury. >>> a shocking realization from one of the most successful quarter bashgs ever to play in the nfl. bret favre says he suffers from memory loss and believes that maybe the result of concuss

did mickey sherman make some choices that were questionable? absolutely.h the level of ineffective assistance of counsel? you got to remember, ineffective assistance of counsel, typically cleans a lawyer was drunk, on drugs, not showing up for the case. the standard is so high. >> not just a lawyer makes mistakes. >> no. and the judge kept trying to say this. this isn't just about mistakes, et cetera. it sounded from his ruling like he was saying he thought that mickey made a number of mistakes. i think there's an important point to make. the kennedy family is saying, michael is innocent, et cetera. this is crazy. he ought to be released. fair enough. but what the judge is saying is that mickey sherman should have pointed the finger at another kennedy relative, tommy skakel, michael's brother. for all the claims that this has been a travesty of justice against michael skakel, which i know they believe it has been, what the judge is saying is the defense team ought to have pointed the finger at michael's brother, tommy, in connection with this. this is a bi

i do know mickey sherman. he is highly tell 20 attorney. the strategy should never be questioned. don't think his standard fell below the objective standard of reasonableness but i am happy that mr. skakel is getting that appeal. jon: pilar, there are statements in the record that mickey sherman said he wanted to be a television attorney. we used him from time to time as an expert on fox. he was going to make a name for himself as a result of this trial. >> jon i certainly make any comments about being a television attorney considering we're sitting here on fox. i don't think one thing has to do with the other. we comment on cases that has nothing to do whether he provided effective representation in the trial or not. jon: there are a lost cases, john, where motive is never exactly established. you have two young teenagers. it could have really been anything. do you think that will be a big part figuring out whether he gets a new trial? >> motive is not a consideration for the, for the jury, motivation is not an element of the crime it is something the jury can consider. if there

a judge ruled that skakel's trial attorney, mickey sherman, did not provide a constitutionally adequate defense. a hearing on that case will be held next week. >>> and some other news this morning, a brief mention of world series game two. say his name. i love the way you say it. >> big papi. >> i love that. david ortiz put the red sox ahead in the sixth with a two-run home run. >> the cards took the lead right on back, thanks to some sloppy defense by boston. their three-run seventh inning was good enough. the cards win this one, 4-2. game three is tomorrow night in st. louis. full highlights coming up later in the show. >>> and power is being restored to thousands of customers in ohio. trees that still had their leaves held on to wet, heavy snow and fell on to power lines. >> at 1 point, as many as 50,000 customers may have been without electricity, after what residents are calling an october surprise. it may take until tomorrow for everyone to have power once again. >> and it's only october. >> yes. >>> it's going to be mostly dry there in the midwest today. but cool for this time of

a judge ruled that skakel's trial attorney, mickey sherman, did not provide a constitutionally adequatet case will be held next week. >>> other news this morning, a brief mention of world series game two. say it. i love the way you say it. >> big papi. >> i love that. david ortiz put the red sox ahead in the sixth with a two-run home run. >> the cards took the lead right on back, thanks to some sloppy defense by boston. their three-run seventh inning was good enough. the cards win this one, 4-2. game three is tomorrow night in st. louis. full highlights coming up later in the show. >>> and power being restored to thousands of customers in ohio. trees that still had their leaves held on to wet, heavy snow and fell on to power lines. >> at one point, as many as 50,000 customers may have been without electricity, after what residents are calling an october surprise. it may take until tomorrow for everyone to have power once again. >> and it's only october. >> yes. >>> it's going to be mostly dry there in the midwest today. but cool for this time of year. and you'll find that the best weath

guess the public would say was bought with kennedy money, very famous connecticut attorney named mickey sherman, was incompetent. that he in fact didn't properly investigate the case, that he had financial problems of his own that impeded his ability to be a good defense counsel. so the court has reversed, saying he was denied adequate counsel. >> all right. interesting. your take away not getting special treatment for michael skakel. thanks very much to paul callen. >>> or other story tonight the president's own party turning on him. democrats want to delay the penalties, extend the signup period for obama care. senators joe manchin, jean sheheen, mark pryor and mark bagitch. democrats. we are hearing the reason behind the web site meltdown. according to a contractor, a last-minute decision that required people to create an account online before they were allowed to browse the insurance plans caused the fiasco. that's according to a contractor. the administration still mum. casey by wian s out front. >> reporter: what a difference a day makes. under mounting pressure in washington, white house

and i -- you know, mickey sherman who i know very well who is michael's attorney, he's a very sweet guyy is a good lawyer. he has the capacity to be a good lawyer, and he won a famous cases before this one. but in this case he got distracted. and he got distracted by the glare and the circus atmosphere and the television. he told me at one point during the trial that what -- he didn't want to be a trial lawyer anymore. he wanted to be a television lawyer. so i don't blame the jury for this. i think judge bishop was right in his assessment that at some point lawyering becomes so inept and incompetent and bad that it's just unconstitutional to call it a trial. you're not really giving the person a shot. >> now, it's 30 years later. are you hopeful that 30 years later that there can be a recreation of the facts here that would lean toward your beliefs? >> well, all i think michael needs is the alibi witness who is were there who will say at the time that martha died this terrible tragedy, that michael couldn't have been involved because he was 11 miles away with five eyewitnesses. >> i'm g

. >> reporter: skakel's current attorney, hubert santos, argued that his trial attorney, mickey sherman, failed to present crucial evidence, and was too enamored with the media. >> he was pre occupied with glitter and celebrity. you know, he said at one point to the bar association, when he spoke to them, he intended to have a lot of fun on this case. you know, there's a man's life at stake. >> reporter: in wednesday's ruling, the judge said of skakel's trial attorney, failures were significant and did not provide a constitutionally adequate defense. >> his only crime was having a bad lawyer. >> reporter: this morning, connecticut prosecutors say they will appeal this ruling. skakel's attorneys are reportedly filing a motion for bail. >> there is a distinct possibility that this week could be the last week that michael skakel does any jail time. >> and martha moxley's mother says the judge's ruling does nothing to change her mind about who murdered her daughter. >>> emotions are high in northern california where a young man holding a toy gun has been shot and killed by police. 13-year-o

what is unusual here the lawyer mickey sherman was a very well-known lawyer. highly paid.hink he made more a million dollars in this case. you don't usually see inadequate representation then coming into play with a high priced celebrity lawyer in cases like this. it is fatiscinating, fascinatin to see. >>> a colorado judge ordered the release in the 1996 killing of jonbenet ramsey. the district attorney had possible charges against her parents three years after the murder. the indictment remains sealed because the d.a. has decided not to pursue charges. no explanation was ever given about this but these documents, they could shed some light on this long mystery. >> good samaritans rescuing children from a burning building in miami. their couch went up in flames and two good samaritans sprang into action and became life savers. >> the smoke was coming at them. it was intense. they trying to stick their head out so they won't smell the smoke and panicking and panicking and kids were screaming, ah! >> we heard the screaming and once she put the kids out of the window we ran

in the murder of martha moxley has been thrown out bay judge ruling that his trial attorney, mickey shermana high profile case with a really well paid lawyer. >> a well known, media friendly lawyer. >> i was shocked reading this ruling. >> reporter: martha moxley's 81-year-old mother says she is prepared for a second trial if it comes to that. >>> a national guard recruiter is in custody after opening fire in an armory in tennessee. two other recruiters were wounded. the military says they both suffered non-life-threatening injuries. police say the shooter had just been relieved of duty which basically means he had been fired. after wounding the victims he was subdued and disarmed by other soldiers. >>> crime in the u.s. is on the rise for the second year in a row. an annual survey by the u.s. government shows violent crime was up 15% last year. property crime rate rose 12% and experts say it could mean it is the end of declines in crimes over the past 20 years. >>> it could be more difficult to get prescription painkillers. the fda is recommending tougher restrictions on drugs containing h