[Leon Harris, Cnn Anchor:] We begin with the haunting case of a Halloween killing more than a quarter century ago. The suspect goes to court and the Kennedy name faces new trials and tribulations. Arraignment is due to begin any minute in the case of Michael Skakel. He is a nephew of Robert and Ethel Kennedy. This case has drawn attention not only for who he is, but how he got to this day in court. The 40-year-old Skakel is appealing the ruling that he must be tried as an adult. His lawyers say that he should be charged as a juvenile because that is what he was. He was 15 at the time of Martha Moxley's death when they were neighbors in Greenwich, Connecticut. CNN's Deborah Feyerick now with the latest from Stamford, Connecticut.
[Deborah Feyerick, Cnn Correspondent:] Michael Skakel will be in court to be arraigned for murder, this time as an adult. He is not expected to enter a plea. His lawyers are appealing a judge's ruling which has now moved this trial from juvenile court to adult court. Now, usually during an appeal, all court proceeding are suspended. But the judge met with all sides yesterday and decided to go ahead with this arraignment today. Now, Skakel will also be asked whether he wants another probable cause hearing. That is a hearing very similar to the one we had over the summer when witnesses testified both for and against Michael Skakel. The purpose of that is so that Skakel's lawyers can try to convince the judge that this case doesn't deserve to go to trial because there's not enough evidence. The judge in the juvenile court did not buy that, so it will be interesting to see whether, in fact, that changes here in adult court. Now, prosecutors are asking that this trial be moved out of Stamford, Connecticut to Bridgeport, Connecticut, which is about 25 minutes from here. The reason is that Bridgeport is where the prosecutors offices are. But it's also where major crimes were tried back in 1975. However, Michael Skakel's defense attorney says this is where the crime took place, in Greenwich, Connecticut, this is the jurisdiction, and this is where the trial should be held. In Stamford, Connecticut, Deborah Feyerick, CNN.
[Daryn Kagan, Cnn Anchor:] Deb, thank you very much. Now let's get some legal perspective on this case, turning to our legal analyst Roger Cossack, who is in Washington. Roger, good morning.
[Roger Cossack, Cnn Legal Analyst:] Good morning, Daryn.
[Kagan:] This is an odd case on so many fronts. First of all...
[Cossack:] Yes.
[Kagan:] ... and forgetting the whole Kennedy connection, let's go to the idea, is this 40-year-old man an adult?
[Cossack:] Well, the courts in Connecticut so far have said he is, and one would think that he is an adult at 40 years old. As you know, that's the issue here. This crime was committed when he was 15 years old. The argument from the defense is, therefore, you have to try him as if he was a juvenile. A court has already heard this and made the decision that, no, he must be tried as an adult for various reasons, one of which is there is no juvenile facility to hold him, he has to be tried as an adult. And Mr. Skakel has...
[Kagan:] Interesting twist there, Roger.
[Cossack:] ... said they're going to take it right up on appeal.
[Kagan:] Roger, interesting twist there with the judge saying, well, if you convict him as a juvenile, we have no place to put him.
[Cossack:] That's right. It's almost putting the cart before the horse because, you know, we always talk about...
[Kagan:] Innocent until proven guilty.
[Cossack:] Innocent until proven guilty. But in this case, this is one of those things where the blocks don't quite fit no matter how you want to turn them in and put them inside the puzzle. And so it's now been set that he's going to be tried as an adult, and that's why there's a different jurisdiction. That's why they could have this probable cause hearing in juvenile and now have it again in adult court.
[Kagan:] But aren't there some who suggest, Roger, that he could actually benefit by being tried as adult because he would go before a jury rather than a judge?
[Cossack:] Greta Van Susteren happens to be one of those people who believes that. And there is that argument. "Tried as an adult" means that he will have a jury of 12 which must agree unanimously to convict or acquit. But of course there's always that hung jury aspect that you don't get. As you point out, as a juvenile, there is no jury and there would be just a judge who would listen to the facts and make the decision. So some would argue that he's better off, although the penalties that he would be facing are much more severe.
[Kagan:] Compare those for us, please.
[Cossack:] Well, in juvenile court, you know, you would him, I suppose, until see, it's really unclear because when a juvenile is juvenile, you hold him until he becomes an adult and then decisions are made. In this case, the man's already 40 years old. And that was one of the arguments: There is no place to put him. And, of course, if he is found guilty of first-degree murder, he could get life without possibility of parole. Now, there's a long ways to go before this man is convicted of anything, and we haven't yet heard all of the evidence. And there is some questions about what some of the evidence will be. But nevertheless, this is a very strange case.
[Kagan:] No cameras in the courtroom, but we will be following the case closely. Roger, thank you so much.
[Cossack:] My pleasure.
[Kagan:] Roger Cossack in Washington, we'll see you on "BURDEN OF PROOF."