The defense had argued that under laws in effect in 1975, a five-year statute of limitations applied to murder cases, except when those cases could result in the death penalty. Skakel is not charged with a capital crime.If Skakel is not being charged with a capital crime, then I suppose he would get something less than the death penalty. Probation maybe.Prosecutor Jonathan Benedict said Connecticut law was never intended to limit the prosecution of murder. State law was changed in 1976 to eliminate time limits for prosecuting serious felonies, including murder.
Stamford Superior Judge John Kavanewsky agreed, saying the "gravity of the offense charged" is more important than the potential penalty."