Gargan Confronts Kennedy Over the Past

American Scandal uses dramatizations that are based on true events Some elements, including dialogue might be invented, but everything is based on historical research It's late july nineteen sixty nine 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 Kpeckney in a car crash on Chapaquuitick Island and a week since Senator Ted Kennedy plleed guilty to leaving the scene of the accident Denise has kept his distance from the investigation And 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 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 But 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 candidate business anything for a DA in need And I can't say no to a glass of Glen Fitish Bailey raises his glass, 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 But he's already pled to leaving the scene, so I can't charge him with that that only leaves Mansslu Well, he really blew it with that speech callalling 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 means it has to be a trial Hm, mayaybe not. What do you mean? Theoretically, you could order a judicial inquest into Miss Capeckney'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. So 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 Judicial inquest in these circumstances would certainly be unusual. Then again, nothing about this case has been normal whether you' exploring your fascinations or discovering new ones Audible has stories that will introduce you to your most fascinating self. Tap into a whole new world of heated conversations with a saucy romantasy series. Know how true the latest blockbuster movie stayed to the sci fi story it was based on, or find unexpected reveals through an exclusive true crime podcast. However you listen, Audible keeps you fascinated So you can be just as fascinating. Select any audio book every month, plus exclusive podcasts. pllans now start at eight dollars ninety nine cents. Audible. Be fascinated, be fascinating I heard a rumor that the CIA poisoned my granddad. Gordon Banks the world's number one goalkeeper. It happened in Mexico, supposedly, at the World Cup in nineteen seventy. Sounds crazy? I'm an investigative journalist on the hunt for evidence. We needed to do some extraordinary things to counter the Sovians This is Foul playay, an unbelievable tale of sports, spies and family secrets. Listen now wherever you get your podcasts or early and ad free on audible. From Audible Originals, I'm Lindsey Graam, and this is American Gamp Before the accident on Chaap Equitic Island, Ted Kennedy had been contemplating a run for president He'd been considered an early favorite for the Democratic nomination in nineteen seventy two, but the death of Mary Joe Kpeckney 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 eighty percent 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 Chap Equitix Kennedy was not out of the woods yet Thanks to District A attorney Edmund Denise. It seemed he would soon have no choice but to finally come clean This is episode four undernder oath It's july thirty first, nineteen sixty nine, inside the US. Capitol in Washington, DC 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 Chap Equiddic 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 Bird, one of his closest friends on the hill Bird greets him with a smile pulse Kennedy in for a bear hug just as the men separate. Kennedy feels a tap on his shoulder. Kennedy turns to see an aide from his office The Aid 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'd better hear M Kennedy guides the aideid into a large cloak room 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 attttorney Edmund Denise. Kennedy frowns because this can't be good As he reads the letter, his instincts are quickly confirmed Denise is writing to inform Kennedy that there will now be an inquest into the Chap Aquitic accident There isn't much detail beyond that Candidy 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 aid 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 Kennedy 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 teelevised speech afterwards would put Chap Equiddk behind him Now Kennedy wonders what his family is paying them for He starts to feel dizzy and takes a seat on the couch nightmares starting up all over again And word of the impending inquest does soon spread Ted Kennedy isn't the only one confused by District attttorney Denise's decision Aco 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 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 Chap Equidk Because the original probe by the local police was so thin, it's quickly decided that a new investigation will be needed So Denise sends a small team to Chap Equiddic to interview potential witnesses and examine the physical evidence Among the investigators is Bernie Flynn ive liieutenant 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 Ultmile was towed to a repair shop in Edggtown where it's been sitting unguarded for weeks car is a key piece of evidence, so Flynnides to have it impounded. to a more secure facility So on a sunny August morning, Flynn arrives at the repair shop to supervise the oldtsmobile' removal He's met by a mechanic who walks Flynn to the sedan 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 Flint'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 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 ash trays Flynn turns to the mechanic and asks what happened to all the missing pieces. The Mchanic explains that he spent the last two weeks shoing 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. themselves to souvenirs Flynn lets out a deep sign. He was already unsure about the merits of launching a new investigation so late in the game 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 So 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 party with Kennedy the afternoon before he went to the ctage 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 spoke with him the morning after the accident He says Kandidy 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 These 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 Chapp Equuidk. Flynn thinks that Kennedy was driving around with Mary Joe Kackney, drunk and probably looking for a secluded beach to be alone with young. But he was driving too fast, missed his turn, and ended up on a dirt lane Realizing his mistake, he started backing up But 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 Kopepeki to take over Flynn theorizes that the plan was for Kopepeknei to drive to the end of the road turn around and come pick Kennedy up when the coast was clear. Kpeckney had also been drinking and was now left in control of a car she'd never driven on an unfamiliar island with no street lightins a 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 Edgertown Flynn, this would explain why Kennedy was so relaxed when he was seen by witnesses the next morning 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 Kpeckney 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 aid In Flynn's mind, those are small time offenses, not worth losing a career or going to jail over 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, DC As 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. mister 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 toward 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. So 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 Reatta, 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 twelve forty five AM. I assume Kennedy's sticking with his own story that he left the party at eleven fifteen. That's a fair assumption Well, then you've got a problem. Theeniece is really gonna 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 eleven fifteen, maybe it was later. It's going 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, mister Flintn 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. Oh o 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 ever becomes public, I'll lose my job. I'll lose my pension. And if that happens The senator will take care of me, right? 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 As Americans, we're constantly grappling with a fundamental question, Do we settle for the world as it is? Or do we strive to create the world as it should be Our answers tend to ebb and flow through the decades. but once Just after a war that nearly tore us apart We came as close as we've come to answering it And it's a story worth a closer look I'm Michelle Obama, and I'm proud to announce Higher Ground's new podcast, Reconstruction the unfinished promise Guided by bestselling author, Malcolm Gladwell and featuring my husband, Barack Obama, this limited series uncovers the untold stories of recconstruction what they mean for us today and how our past can shape the future we choose to build Reconstruction, the Unfinished prromise, is available now on audible or wherever you get your podcast. There are people you're told to trust laawyers, teachers, especially doctors But what happens when you put your life in someone's hands and they betray you? The hit podcast Doror Death is back And this season is unlike any other. doctor Death, the cowboy, is the story of a charming neurosurgeon who rode into western towns selling a persona of confidence and care He wore cowboy boots in the operating room and became sought after by patients He promised to heal them. Instead, he left a trail of broken bodies This season is about a doctor who was never truly held accountable for the patients whose lives he ruined A story of greed, betrayal, and a fight for justice that will leave you questioning who to trust Listen to Dr. Death, the cowboy, wherever you get your podcasts or binge the entire series right now, only with Audible It's not just the District A atttorney's office that is taking a closer look at the events on Chaap Equitick Island With the inquest on the horizon, Ted Kennedy's legal team sends its own investigator to Martha'sineyard He tracks down a new witness who says she saw a car matching Kennedy's at half past twelve on the night of the accident This corroborates Deputy Sheriff Huck Look story undercuts Kennedy's account that the accident occurred shortly after eleven fifteen 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 When 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 attttorney Edmund Denise files a petition to exume Mary Joe Copepekne's body Denise argues an autopsy may show evidence Kopepekney 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 Pckney's family opposes exhumation They just want to put the ordeal behind them And eventually, a judge agrees, blocking Denise's request With that issue finally settled, the inquest is scheduled to begin in january nineteen seventy 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 Fress will also be excluded from the courtroom The judge's final report will be sealed until all legal proceedings related to the accident have been resolved So with the rules finally set, the inquest begins in Egertown on january fifth, nineteen seventy 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 Chap Equuidic under oath hisis 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. Qestioning begins with Denise asking Kennedy about the timeline of events leading up to the crash When he answers, Kennedy goes into more detail than ever before He recounts that he was tired wanted to leave the party at eleven fifteen to head back to his hotel. As he was heading out, Mary Jo Kopepekne asked if she could get a ride with him Boy then asks how much he had been drinking Kennedy replies that he drank one third of a beer at his hotel before heading to the island and then two rumen Ckes at the cottage over the course of several hours Kennedy is not asked about his drinking at the regatta Victory partarty, so he doesn't comment on it but he assures the court that he was absolutely sober by the time he left the party Then Kennedy continues on, relaying what happened during his drive with Copepeckne He knows that his biggest vulnerability in his account will be the deputy sheriff who swears he saw Kennedy at twelve forty five AM 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 twenty 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 oldsmobbile plunged into the water. Then, echoing his previous statement, Kennedy says that he tried to save Kpeknei seven or eight times, but was unable to get her out of the car. After that, he made it back to shore completely exhausted and sat there for about twenty minutes before deciding to walk back to the cottage. Kennedy knows that several houses sit between the crash site and the cottage resesidents 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 valliant back to the crash site Senator adds that he recalls seeing the time on the Valiant's clock and it read twelve twenty AM This 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 ten 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 Pckney was somehow still alive somewhere on the island But as soon as he came to his census the next morning You went straight to the police Kennedy knows it's a bizarre explanation squirms in his seat, fearing that Denise would dig into it. probing for inconsistencies and gaps in the logic Denise just moves on and a short time later, he concludes his questions. Kennedy isn't quite done Unprompted, he tells the court that he knows his level of intoxication is a key issue. So he wants to be totally forthcoming He says that during the regganta earlier in the day, he shared a few beers with his crew And then afterward, he had around a quarter of a beer on the winning boat before he departed for the party on Chap E Quiddick In truth, he drank several ramen Ckes on the yacht based on his source inside the DA's investigation Kennedy knows the men who were with him will play dumb, so he figures that he's safe. With that, Ted Kennedy's testimony is over As he steps from the witness stand, he tells himself it could have gotone much worse. He stuck to his original story and revealed nothing new that could be incriminating Now he can only hope the rest of the inquest goes his way too Over the days that follow, twenty six other witnesses are called to court Deputy Sheriff Huck Look repeats the story that he saw an oldsmobile like Kenned's at twelve forty five AM The license plate had an L seven in it There are only seven other cars in Massachusetts that match those details None of them were near Chap Equitdk that night The scuba diver John Ferar testifies about pulling Mary Joe Kpekney from the car And then finally, the other ten people from the cottage party take the stand one by one Officially, they are barred from discussing their testimony with each other But most of them are sharing lawyers paid for by the Kennedy family. So it's an impossible rule to enforce And once they're on the stand, they all back Kennedy's basic story that he and Kopepeckney left the cottage between eleven and eleven thirty rough his comments from the bench, Judge Boyle makes it clear that he finds their testimony ondd They all recall the time Kennedy and Kpeckney left the cottage can't seem to remember other key details from the night such as how much Kennedy was drinking It's clear that he suspects they've coordinated their testimonies There's nothing he can do After four days of evidence, the inquest wraps, and Judge Boyle is left to write his official report sixix weeks later, on february eighteenth, he produces his judgment While there is still the possibility of Kennedy facing charges relating to his case, the report is not released to the public Doing so would unfairly prejudice Kennedy's chances of a fair trial So for now, only the lawyers for the witnesses and the district atttorneys' team are allowed to read it And when Edmund Denise and his assistant arrive at the court building, they are led by a clerk into a spare office at the end of the hall stepping inside the small windowless room Denise sees an open safe and a pair of binders on a table containing copies of the inquest report As the clerk exits and locks the door behind her, Nise gets right to work All right, one copy each, right The assistant flicks through the report. Oh man, this thing's almost eight hundred pages long Well, well, we all heard the testimony. there won't be any surprises here. He quickly leaps through the transcript of what was said in court to reach Judge Boyle's conclusions, but his assistant is the first to find something of known Oh, this is interesting. Boyle puts the time of the crash at sometime between eleven thirty PM and one AM. So he's not saying who he believes, Kennedy or the deputy cheriff. Yeah, but he does say there are quote, inconsistencies and contradictions in Kennedy's testimony Do doesn't seem like he believes Kennedy made a wrong turn. He thinks they were headed to the beach on purpose He says there's no evidence Kpeckney intended to go back to the hotel at all. She left her purse and room key behind at the cottage. Yeah, that story never made sense to me. But having the judge basically call Kennedy a liar in writing is certainly something. All right here here. Boyle gets into the accident itself. He says he can't find anything to disprove Kennedy's testimony that he was only going twenty miles an hour. But even then Kennedy I'm quoting failed to exercise due care as he approached the bridge, and there is probable cause Edward M. Kennedy operated his motor vehicle negligently There's more that such operation appears to have contributed to the death of Mary Joe Kpeckne. Kennedy is going to blow his top when he reads this. It sounds like he's looking at manslaughter charges. Yeah, but under the statute, shouldn't Boyle be issuing a warrant for Kennedy's arrest? Mise quickly turns to the final page of the judge's conclusion and is furious at what he finds God, damn it, boy What is it? He's not going to do anything No warrant, no recommended charges. He's just letting the decision hang there I guess it's back to you then He never liked the inquest ideD in the first place, so now he's getting revenge. Putting the final decision in my hands. What a nightmare. I'm right back where I started Edmund Denise pushes the binder aside and storms out of the room He begins pacing up and down the hall, trying to come to grips with what's happened. The inquest hasn't solved his problem. If anything, it's made things worse. Judge Boyle has washed his hands of the situation, and now once again, it's up to Denise to decide if Ted Kennedy will ever face justice Whether you're exploring your current fascinations or discovering new ones, Audaible has all the stories that willll introduce you to your most fascinating self. Tap into a whole new world of heated conversations with a saucy romantasy series. beccome your friend group's sci fi expert on the latest blockbuster book to screen adaptation Or find unexpected reveals through the exclusive episodes of a viral true crime podcast. However you choose to listen, Audible keeps you fascinated, so you can be just as fascinating. All in one easy app, with plans now starting at eight doll ninety nine cents, you'll get access to over one million audioobooks and podcasts, including trending bestsellers Hottest new releases and exclusive podcasts you won't find anywhere else. Sign up now to become a member and get any audiobo book every month plus exclusive podcasts. Plans now start at eightll ninety nine cents. Aible Be fascinated, be fascinating Whether you're exploring your current fascinations or discovering new ones, Audible has all the stories that'll introduce you to your most fascinating self. Tap into a whole new world of heated conversations with a Sucy romantasy series. Become your friend group's sci fi expert on the latest blockbuster book to screen adaptation Or find unexpected reveals through the exclusive episodes of a viral true crime podcast. However you choose to listen, Audible keeps you fascinated, so you can be just as fascinating. All in one easy app, with plans now starting at eight do ninety nine cents, you'll get access to over one million audioob books and podcasts, including trending bestsellers the hottest new releases and exclusive podcasts you won't find anywhere else. Sign up now to become a member and get any audio book every month Plus exclusive podcasts. plans now start at eight ninety nine cents. Be fascinated, be fascinating. eararly nineteen seventy and District A attorney Edmund Denise faces a dilemma Judge Boyle's inquest report has found probable cause that Ted Kennedy's negligent driving led to the death of Mary Joe Copepeckney The judge declined to issue a warrant for Kennedy's arrest Instead, he left that decision to Denise If Denise chooses to prosecute Kennedy for manslaughter, he can say goodbye to his political career The Democratic partarty in Massachusetts will never forgive him. But if Denise lets Kennedy walk, then he'll go down in history as the man who bent the rules to let a powerful politician get away with killing a young woman So for the next two months, Denise avoids making a formal decision on whether to charge Kennedy or not. With the inquest report still under lock and key, there's growing speculation in the press that a cover upp is underway And eventually, one member of the public decides to do something about it Leslie Lelland is a thirty year old pharmacist who lives on Martha's vineyard In the spring of nineteen seventy, he's also the foreman of an ongoing eighteen month grand jury That March, Lelland's grand jury is seated at Amartha's Vineyard courthouse, and when they break for lunch, Leland suggests to one of his fellow jurors that they head to a restaurant across the street After they order, Leland mentions that he's been thinking a lot about Ted Kennedy and that Chapaquitic incident His fellow juror lights up It's been a hot topic of conversation in the area for the past few months. Seemingly everyone on the vineyard has their own pet theory about what really happened that night Lelland's colleague starts running through some of the juicier ideas she's heard that there was a third person asleep in the back seat of the oldsmobile when it crashed that it was actually Kopepeckney behind the wheel, not Kennedy. or most disturbing of all, that Kopepeckney actually died at the cottage and the crash was deliberately staged to cover up her actual cause of death But Leland insists he's not interested in gossip or conspiracy theories. He wants to know the facts, and at this point, all they have to go on is a flimsy police statement. brief arraignment where Kennedy was given a suspended sentence and Kennedy's nonsensical public statements What Lgland really wants to find out is what Kennedy was doing in the hours between the accident and showing up at the police station. Lelland's fellow juror agrees that it's frustrating how little information the public has been given Edmund Denise went to all the trouble of arranging an inquest with two dozen witnesses then nothing came of it There's no word on what Kennedy said under oath whether the other witnesses contradicted him worldor's been left to guess what's inside Judge Boyle's report Lalland says those are his thoughts exactly. And he's starting to wonder if they should take matters into their own hands. As a rolling grand jury, they don't have to just sit around and wait for the state to present them with cases They can ask a judge to hear evidence relating to any possible crime in their jurisdiction. And that includes Chaap Aquitic Island The other juror sits back in her seat and ponders After a moment, she tells him that it's certainly worth a shot wororse the judge can say is no So as their food arrives, the two jurors grab a napkin and begin making a list of all the people they want to hear from under oath. Ted Kennedy, his friends at the party, the medical examiner, even the scuba diver who found Kpecknei's body Crucially of all, they'll need to subpoena that inquest report and finally find out what's inside That evening, Leland sends off a letter to the Chief Justice of the Massachusetts Superior Court And just a week later, his request to convene the grand jury in the Chap Aquittit case is granted It's scheduled to begin on april sixth When this news reaches Ted Kennedy and his legal team, they panic. It's now more than eight months since the accident and Kennedy was finally beginning to believe it was behind him this grand jury could change everything Kennedy's legal team doesn't have to worry long The grand jury is kneecapped from the start The judge appointed to oversee the case is Wilfred Puquet. He's a former official in the state's Democratic partarty and a former client of Ted Kennedy's lawyer And when he takes over the case, Picat quickly makes a series of rulings that reassure Kennedy and infuriate the grand jury's foreman, Leslie Leland First, he bars the jurors from accessing the inquest report thenen he blocks them from calling in anyone who's already testifyied. That means Kennedy, his friends at the party, the boiler room girls, the police who conducted the initial investigation, and almost every other relevant witness are all off limits So the grand jurors are left to brainstorm a new list of witnesses on their own relying on what they've read in the newspaper, they can only come up with four names tangentially related to the accident but none of them has much new information And the witness' combined testimony lasts only about twenty minutes Lft frustrated, jury foreman Leland issues no indictments. Now that it's clear that Ted Kennedy won't be charged with any crimes relating to the accident Judge Boyle finally agrees to release his inquest report to the public Cash is swift. Many believe that Kennedy lied under oath about his actions before and after the crash. and they are shocked that the judge found Kennedy negligent in Kopepecney's death yet somehow the legal system has let him escape without serious punishment But while the press is hard on Kennedy, the voters of heavily Democratic Massachusetts stick with him In november nineteen seventy, Kennedy is reelected to the Senate with more than sixty percent of the vote This result gives Kennedy the confidence to think that maybe Chap Equiddic doesn't spell the end of his hopes for higher office after all. He's already ruled out a presidential run in nineteen seventy two But when seventy six approaches, he signals that perhaps his time has come. In preliminary polls, voters list Kennedy as their favorite candidate But then people are reminded about Chap Equitting ress runs stories about the inconsistencies and contradictions that Kennedy still hasn't explained. and at that point, Kennedy decides that it's not yet the moment for a presidential run Four years later though, he's ready to try again In nineteen eighty, Kennedy officially declares his intention to seek the Democratic nomination for president. But his campaign falls apart when he botches a simple question from a reporter He's asked why he wants to be president You can't give a good answer that embarrassing incident still doesn't put an end to his ambitions, and soon he begins exploring another run from nineteen eighty four