Chappaquiddick | Under Oath | 4

0:00American scandal uses dramatizations that are based on true events. Some elements, including dialogue, might be invented, but everything is based on historical research.

0:20It's late July 1969 in Martha's Vineyard. Edmund Denise kicks back on the olive green lazy boy reclining chair in his living room. As the district attorney for Southern Massachusetts, he doesn't get much time to relax. And even now, he's got work on his mind. On the couch nearby is his friend, the famed trial lawyer F. Lee Bailey. Denise has invited him here to ask for help with a difficult case. It's been two weeks since the death of Mary Jo Kopechny in a car crash on Chappaquiddick Island, and a week since Senator Ted Kennedy pled guilty to leaving the scene of the accident. Denise has kept his distance from the investigation.

0:59And when Kennedy walked away with probation and a suspended sentence, Denise had hoped that that would be the end of the matter. But then, just hours after his appearance in court, Kennedy went on national TV in an attempt to salvage his political career. And that's when things went sideways. The media and much of the public were baffled by his incoherent explanation for his behavior after the crash. And now, every day seems to bring a new story about Kennedy's history of heavy drinking and reckless driving. So there's growing pressure on Denise to order a more thorough investigation of the accident.

1:34But he isn't sure what to do, and he's hoping his brilliant friend has some ideas. Thanks for stopping by. I really need to pick your brain on this Kennedy business. Anything for a DA in need, and I can't say no to a glass of Glenn Fittich. Bailey raises his glass and then takes a sip as Denise lays out his dilemma. Well, I'm in a real pickle here. I genuinely admire the family, his older brothers at least, but I'm starting to think that perhaps my loyalty to the party has clouded my thinking. Maybe I should have taken over the case from the outset. And now you're worried it's too late? Yeah, the press just doesn't seem to buy that he was sober during the accident or that he did all he could to save the girl, and they're probably right.

2:18But he's already pled to leaving the scene, so I can't charge him with that, and only leaves manslaughter. Well, he really blew it with that speech. Calling his own actions inexplicable and indefensible. What kind of lawyer approved that copy? It was like he was begging you to charge him. But do I really want to haul in a U.S. senator? If I won the case, I'd be hated by half the country, and if I lost, I'd look like a fool. But I'm afraid the only way to get to the truth is to have everyone talk under oath, which means it has to be a trial. Maybe not. What do you mean? Theoretically, you could order a judicial inquest into Ms.

2:54Kopechny's death. An inquest. I can't remember an inquest ever being used in a case like this. No, no, there's little written law about them. You'd have to look back to at least the last century for the precise statute. But it would be in court, in front of a judge, and witnesses would give evidence under oath. So Kennedy and his buddies would have to talk. And it's technically an investigation, not a trial. so you wouldn't have to worry about the outcome in terms of a verdict. Well, that's interesting. Very, very interesting. I guess I'll get my clerk to dust off the law books and look for that statute.

3:29So thank you. I knew you'd have a creative idea. I think that's earned you another glass. Edmund Denise heads to the kitchen to pour some fresh drinks. And as he pulls the bottle of scotch from the cabinet, he thinks about what F. Lee Bailey said. His idea could satisfy the public's desire to know more about what happened without putting a star member of Denise's own party on trial. A judicial inquest in these circumstances would certainly be unusual. But then again, nothing about this case has been normal.

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4:44From Audible Originals, I'm Lindsey Graham, and this is American Scandal.

5:08Before the accident on Chappaquiddick Island, Ted Kennedy had been contemplating a run for president. He'd been considered an early favorite for the Democratic nomination in 1972, but the death of Mary Jo Kopechny and Kennedy's strange behavior afterward quickly silenced that talk. Kennedy's political career wasn't over, though. Even after the crash, his support in Massachusetts remained strong. Indeed, polls in the state suggested nearly 80 % of voters there wanted him to remain in the Senate. But more than half of those same voters said that he had failed to properly explain what happened on Chappaquiddick.

5:44So Kennedy was not out of the woods yet. And thanks to District Attorney Edmund Denise, it seemed he would soon have no choice but to finally come clean. This is Episode 4, Under Oath.

6:00It's July 31st, 1969, inside the U.S. Capitol in Washington, D.C. Ted Kennedy strides onto the Senate floor with a broad grin on his face. Today is his first day back in the chamber since the accident on Chappaquiddick two weeks ago. And as Kennedy walks around the floor, he's met with handshakes and slaps on the back. His office has already been flooded with letters from supporters, and now his fellow senators are making it clear that they're happy to see him too. Kennedy approaches West Virginia's Robert Byrd, one of his closest friends on the Hill. Byrd greets him with a smile and pulls Kennedy in for a bear hug.

6:36But just as the men separate, Kennedy feels a tap on his shoulder. Kennedy turns to see an aide from his office. The aide asks if there's somewhere they can speak in private for a moment. Kennedy is annoyed by the interruption, but judging by the serious look on his aide's face, He figures he better hear him out. Kennedy guides the aide into a large cloakroom just off the Senate floor. And once inside, the aide hands Kennedy a letter that he says arrived at the office only moments ago. It's from the Massachusetts District Attorney Edmund Denise. Kennedy frowns, because this can't be good. As he reads the letter, his instincts are quickly confirmed.

7:14Denise is writing to inform Kennedy that there will now be an inquest into the Chappaquiddick accident. There isn't much detail beyond that. Kennedy turns the paper over, confused, looking for further information that isn't there. So he peppers his aide with questions, demanding to know if he'll have to testify under oath, if other witnesses will be called, or if this inquest will be open to the public. The aide puts up his hands because he doesn't have the answers. He didn't even know an inquest was possible at this stage. He just wanted Kennedy to see the letter before the press starts asking about it.

7:47Kennedy begins pacing the room. His confusion, though, quickly gives way to anger. After the crash, he spent a week hunkered down with some of the best legal and political minds in the country. They assured him that his guilty plea at the hearing and the televised speech afterwards would put Chappaquiddick behind him. Now Kennedy wonders what his family is paying them for. He starts to feel dizzy and takes a seat on the couch, a nightmare starting up all over again. And word of the impending inquest does soon spread. But Ted Kennedy isn't the only one confused by District Attorney Denise's decision.

8:22To many critics, it seems like Denise is using the inquest as a way to satisfy the public's demands for answers without having to actually charge Kennedy with a crime. Even colleagues within Denise's own office find the idea bizarre. But now that he's chosen this course, they have no choice but to go along with it. The date of the inquest and the procedures it will follow will be decided by a judge. But in the meantime, the DA's office gathers as much information as it can about the accident on Chappaquiddick. Because the original probe by the local police was so thin, it's quickly decided that a new investigation will be needed.

8:57So Denise sends a small team to Chappaquiddick to interview potential witnesses and examine the physical evidence. Among the investigators is Bernie Flynn, a detective lieutenant with the state police. The first task he's given when he arrives on Martha's Vineyard is inspecting Kennedy's wrecked car. After being pulled from the water, the Oldsmobile was towed to a repair shop in Edgartown, where it's been sitting unguarded for weeks. The car is a key piece of evidence, so Flynn decides to have it impounded and towed to a more secure facility. So on a sunny August morning, Flynn arrives at the repair shop to supervise the Oldsmobile's removal.

9:35He's met by a mechanic who walks Flynn to the sedan. It's in the far corner of the garage, covered in a gray canvas tarp. The tow truck hasn't arrived yet, so Flynn figures he might as well take an initial look. When the tarp is removed, Flynn sees that the Oldsmobile's windshield is smashed, with a large chunk of its glass missing. The roof is also caved in, and there's a large dent in the front passenger side door. Flynn's not surprised. It's what he would expect from a car that crashed upside down into the water. But as Flynn circles around the sedan, he's disturbed by what else he sees. The gas cap is missing, as well as strips of chrome from two of the wheel wells.

10:14And when he opens the driver's side door, he finds holes where the ashtray should be. Even the gas pedal is missing. Flynn is puzzled. It's possible the exterior pieces broke off during the crash and were lost in the water, but he's never heard of a crash that ripped off all the ashtrays. Flynn turns to the mechanic and asks what happened to all the missing pieces. The mechanic explains that he spent the last two weeks shooing away curious tourists who wanted to take a look at Senator Kennedy's now famous car. Some of them must have snuck back in after hours and held themselves to souvenirs. Flynn lets out a deep sigh.

10:51He was already unsure about the merits of launching a new investigation so late in the game. And now the most important item of physical evidence has been totally compromised. He starts to think that maybe his friends in the DA's office are right. This entire process is a waste of time, designed solely to get the media off Denise's back. But despite his growing skepticism, Flynn has no choice but to soldier on, so he joins two other investigators as they begin to interview witnesses. The most valuable people to question would be the other partygoers from the cottage, but by now they've all lawyered up and are declining to talk.

11:27So Flynn and his colleagues have to make do with the other people who saw Kennedy in the hours before and after the crash. They talk with two men from that weekend's regatta, who partied with Kennedy the afternoon before he went to the cottage. But to the frustration of the investigators, they won't share details about how much Kennedy was drinking. But one of them does reveal he stayed at the same hotel as Kennedy and spoke with him the morning after the accident. He says Kennedy looked perfectly healthy and in good spirits. But Kennedy claimed he suffered a concussion in the crash and was in shock, and that's why he didn't report the accident sooner.

12:02These witness testimonies undermine that story. In fact, to Bernie Flynn, it's starting to sound like Kennedy wasn't involved in the accident at all. Putting together these new witness statements with the evidence from Deputy Sheriff Huck Look, Flynn develops an alternative theory about what really happened that night on Chappaquiddick. Flynn thinks that Kennedy was driving around with Mary Jo Kopechny, drunk and probably looking for a secluded beach to be alone with the young woman. But he was driving too fast, missed his turn, and ended up on a dirt lane. Realizing his mistake, he started backing up.

12:37But when he got back to the main road, he spotted Deputy Look approaching the car. Kennedy saw Look's police badge in the rearview mirror, and fearing he would be caught drunk driving, he sped off down Dyke Road toward the beach. But he was still worried about being found drunk behind the wheel. So a little farther down the road, Kennedy got out of the Oldsmobile and instructed Kopechny to take over. Flynn theorizes that the plan was for Kopechny to drive to the end of the road, turn around, and come pick Kennedy up when the coast was clear. But Kopechny had also been drinking, and was now left in control of a car she'd never driven on an unfamiliar island with no streetlights.

13:17A short time later, she crashed into the water. Kennedy was unaware of this, and after waiting a while, he figured she wasn't coming to pick him up. So he made his way back to the hotel in Egertown. To Flynn, this would explain why Kennedy was so relaxed when he was seen by witnesses the next morning, because Kennedy had no idea the crash had even happened yet. With this theory in mind, Flynn finds himself feeling sorry for Ted Kennedy. He thinks Kennedy probably made up the story about driving Kopechny to the ferry to avoid telling people the truth that he was driving drunk and trying to cheat on his wife with a pretty young campaign aide.

13:55In Flynn's mind, those are small-time offenses, not worth losing a career or going to jail over. But now, Kennedy will be forced to stick with his lie under oath. Flynn already thinks this inquest is a waste of time. So he reaches out to Kennedy's legal team to offer some help. He meets Jack Miller, one of Kennedy's lawyers at an airport restaurant in Washington, D.C.

14:22As he waits for Miller, Flynn keeps his head down and focuses on the beer in front of him. So he's startled when Miller suddenly appears and pulls up a chair. Mr. Flynn, Jack Miller, thanks for coming. Oh, yeah, sure thing. Flynn glances around nervously, and Miller lowers his voice a little. We can probably make this fast. I'm told you have some sympathy towards Senator Kennedy's current situation. Well, I don't think he's a saint or anything, but I also don't think he needs to go to jail. So what can you tell me? Flynn sees Miller place a briefcase on the ground between them. He wonders if there's a tape recorder inside, capturing their conversation.

15:00So paranoid, he presses his leg against the briefcase and begins quietly tapping it with his foot. If there is a microphone hidden inside, he hopes that this will ruin the recording. Well, we interviewed Kennedy's buddies from the regatta, and they said they, quote, don't recall seeing Kennedy drinking on their boat after the race. We suspect they're playing dumb, you know, but we'll never be able to prove it. I see. But the guy you really have to worry about is Huck Look, the deputy sheriff. He's not moving off his story that he saw Kennedy drive past him at 12.45 a.m. I assume Kennedy's sticking with his own story that he left the party at 11.15.

15:36That's a fair assumption. Well, then you've got a problem. Denise is really going to hammer those other people from the cottage about this discrepancy. You need to have them in agreement. If one of the girls starts saying, well, maybe it was 11.15, maybe it was later, it's going to be a mess. You need the cottage folks airtight. Okay. Is there anything else? No, that's about it. Well, this has been very helpful, Mr. Flynn. I'm sure you're expecting some token of appreciation. Now Flynn feels dirty. He just wanted to help a guy out caught in a bad situation. Taking cash for information is a different question.

16:11Oh, no, that's not what this is about at all. I don't want any money. All right? But there is one thing. If this conversation never becomes public, I'll lose my job. I'll lose my pension. And if that happens, the senator will take care of me, right? Now, I can tell you that Ted Kennedy remembers who his friends are. As the men go their separate ways, Bernie Flynn hopes he's done the right thing. The lawyers seem grateful for the information, and Flynn hopes it will help Kennedy out of this jam. He feels no guilt about undermining the inquest. But Flynn still prays that this meeting never comes to light.

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18:50It's not just the District Attorney's Office that is taking a closer look at the events on Chappaquiddick Island. With the inquest on the horizon, Ted Kennedy's legal team sends its own investigator to Martha's Vineyard. He tracks down a new witness who says she saw a car matching Kennedy's at half past 12 on the night of the accident. This corroborates Deputy Sheriff Huck Look's story and undercuts Kennedy's account that the accident occurred shortly after 11.15. And if the DA's office has this same information, Kennedy could face real pressure at the inquest. So Kennedy's team reaches out to investigator Bernie Flynn, who demonstrated loyalty to the Kennedy family.

19:30When they hear back from him, they're quickly reassured. The state's investigation has no knowledge of this second witness, so Kennedy doesn't need to worry about her testifying at the inquest. More good news follows. In September, District Attorney Edmund Denise files a petition to exhume Mary Jo Kopechny's body. Denise argues an autopsy may show evidence Kopechny survived for a period after the crash, using an air pocket in the submerged car to breathe, and therefore could have been saved if authorities had been alerted earlier. But Kopechny's family opposes exhumation. They just want to put the ordeal behind them.

20:06And eventually, a judge agrees, blocking Denise's request. With that issue finally settled, the inquest is scheduled to begin in January 1970. But the ground rules still need to be worked out. An inquest in these circumstances is unusual, and not even the judge, James Boyle, has participated in one like it before. So weeks of legal wrangling follow before the terms are finally decided upon. An inquest is not a trial, so there will be no prosecution or defense teams and no cross-examination of witnesses. The press will also be excluded from the courtroom, and the judge's final report will be sealed until all legal proceedings related to the accident have been resolved.

20:47So with the rules finally set, the inquest begins in Eggartown on January 5th, 1970. Kennedy is the first in the witness box. Inside the mostly empty courtroom with him are Judge Boyle, a pair of Kennedy's lawyers, Edmund Denise, and two of his assistants. Kennedy is armed with inside knowledge of the DA's investigation. But still, this will be the first time he's been forced to testify about what happened on Chappaquiddick under oath. His legal and political future hangs in the balance. Kennedy tries to settle his nerves as he places his hand on a Bible to be sworn in. The questioning begins with Denise asking Kennedy about the timeline of events leading up to the crash.

21:28When he answers, Kennedy goes into more detail than ever before. He recounts that he was tired and wanted to leave the party at 11.15 to head back to his hotel. As he was heading out, Mary Jo Kopechny asked if she could get a ride with him. Judge Boyle then asks how much he had been drinking, and Kennedy replies that he drank one-third of a beer at his hotel before heading to the island and then two rum and cokes at the cottage over the course of several hours. Kennedy is not asked about his drinking at the Regatta Victory Party, so he doesn't comment on it. But he assures the court that he was absolutely sober by the time he left the party.

22:05Then Kennedy continues on, relaying what happened during his drive with Kopechny. He knows that his biggest vulnerability in his account will be the deputy sheriff who swears he saw Kennedy at 12.45 a.m. So Kennedy adds that he never saw another vehicle or person on the road before he took the wrong turn down toward the beach. He testifies that he was only going about 20 miles an hour, but by the time the bridge came in sight, it was too late. He had less than a second to apply the brakes before the Oldsmobile plunged into the water. Then, echoing his previous statement, Kennedy says that he tried to save Kopechny seven or eight times, but was unable to get her out of the car.

22:45After that, he made it back to shore, completely exhausted, and sat there for about 20 minutes before deciding to walk back to the cottage. Kennedy knows that several houses sit between the crash site and the cottage. The residents have told his investigator that their lights were on during this time. So Kennedy is careful with his words, testifying that he never saw any houses with their lights on during his walk. After this, Kennedy recounts how he gathered his friends Joe Gargan and Paul Markham at the cottage, and they rode in a Plymouth Valiant back to the crash site. Senator adds that he recalls seeing the time on the Valiant's clock, and it read 1220 a.m.

23:23This is not true. That model of Valiant doesn't even have a clock. But Denise lets Kennedy's claim pass without comment. Then, finally, Kennedy is asked why he didn't report the accident for another 10 hours. Kennedy feels a nod in his stomach. This is the portion of testimony that he's been dreading the most. Slowly, he repeats his story from his televised speech. He testifies that he was feeling loopy from the crash. He was holding out hope that the accident was some sort of bad dream and that Kopechny was somehow still alive somewhere on the island. But as soon as he came to his senses the next morning, he went straight to the police.