Chappaquiddick | Under Oath | 4

Ted Kennedy thinks he has put the mysterious incident on Chappaquiddick behind him, when a new legal threat emerges that threatens to destroy his political future. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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• 0:00Lindsay Graham?

  Audible subscribers can binge new seasons of American Scandal early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts. 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 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

• 0:45Lindsay Graham?

  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 Kopecky 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, 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.

• 1:27Lindsay Graham?

  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, 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 Kennedy business. Anything for a DA in need, and I can't say no to a glass of Glenfiddich. 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,

• 2:10Lindsay Graham?

  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 manslaughter. Well, he really blew it with that speech, calling his own actions inexplicable and indefensible. What, 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 US 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,

• 2:56Lindsay Graham?

  which means it has to be a trial. Hmm, maybe not. What do you mean? Theoretically, you could order a judicial inquest into Ms. Kapackney's death. An inquest? I can't remember an inquest ever being used in a case like this. No, no, there's, 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.

• 3:39Lindsay Graham?

  So thank you. I knew you'd have a creative idea. I think that's earned you another glass.

• 3:46Lindsay Graham?

  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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• 5:05Lindsay Graham?

  From Audible Originals, I'm Lindsay Graham, and this is American Scandal.

• 5:29Lindsay Graham?

  Before 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 Kopecky 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. So 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.

• 6:14Lindsay Graham?

  This is Episode 4, Under Oath.

• 6:21Lindsay Graham?

  It's July 31st, 1969, inside the US Capitol in Washington DC. 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. But just as the men separate, Kennedy feels a tap on his shoulder. Kennedy turns to see an aide from his office.

• 7:04Lindsay Graham?

  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'd 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. Denise 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.

• 7:49Lindsay Graham?

  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. 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 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

• 8:33Lindsay Graham?

  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. To 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.

• 9:18Lindsay Graham?

  So 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 Edgertown, 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. He'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.

• 10:03Lindsay Graham?

  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. And 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

• 10:47Lindsay Graham?

  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. He 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.

• 11:32Lindsay Graham?

  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 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

• 12:17Lindsay Graham?

  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 Chappy Quiddick. Flynn thinks that Kennedy was driving around with Mary Jo Kapackney, 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, but when he got back to the main road, he spotted Deputy Look approaching the car.

• 13:02Lindsay Graham?

  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 Kopecky to take over. Flynn theorizes that the plan was for Kopecky to drive to the end of the road, turn around, and come pick Kennedy up when the coast was clear. But Kopecky had also been drinking and was now left in control of a car she'd never driven on an unfamiliar island with no streetlights. 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.

• 13:47Lindsay Graham?

  So he made his way back to the hotel in Egretown. 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 Kopecky 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. In 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.

• 14:30Lindsay Graham?

  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.

• 14:43Lindsay Graham?

  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. 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. So paranoid, he presses his leg against the briefcase and begins quietly tapping it with his foot.

• 15:26Lindsay Graham?

  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." Hmm, 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? That'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." God, it's gonna be a mess.

• 16:11Lindsay Graham?

  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. Oh, oh 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.

• 16:51Lindsay Graham?

  As the men go their separate ways, Bernie Flynn hopes he's done the right thing. The lawyer seemed 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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• 17:41Speaker 04

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• 18:22Lindsay Graham?

  It'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. When they hear back from him, they're quickly reassured.

• 19:06Lindsay Graham?

  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 Kopecky's body. Denise argues an autopsy may show evidence Kopecky 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 Kopecky'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 1970. But the ground rules still need to be worked out.

• 19:51Lindsay Graham?

  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. So with the rules finally set, the inquest begins in Egbertown on January 5, 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.

• 20:36Lindsay Graham?

  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. When 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 Kopecky 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

• 21:20Lindsay Graham?

  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. Then Kennedy continues on, relaying what happened during his drive with Kapekni. 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.

• 22:03Lindsay Graham?

  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 Kapekni 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 20 minutes before deciding to walk back to the cottage. Kennedy knows that several houses sit between the crash site and the cottage. 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

• 22:46Lindsay Graham?

  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 12:20 a.m. 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 10 hours. Kennedy feels a knot 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 Kapekni was somehow still alive somewhere on the island.

• 23:29Lindsay Graham?

  But as soon as he came to his senses the next morning, he went straight to the police. Kennedy knows it's a bizarre explanation. He squirms in his seat, fearing that Denise will dig into it, probing for inconsistencies and gaps in the logic. But Denise just moves on, and a short time later, he concludes his questions. But 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 regatta, 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 Chappaquiddick. In truth, he drank several rum and cokes on the yacht, but based on his source inside

• 24:14Lindsay Graham?

  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 gone 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, 26 other witnesses are called to court. Deputy Sheriff Huck Look repeats a story that he saw an Oldsmobile like Kennedy's at 12:45 a.m., and that the license plate had an L7 in it. There are only seven other cars in Massachusetts that match those details, and none of them were near Chappaquiddick that night.

• 24:59Lindsay Graham?

  The scuba diver John Farrar testifies about pulling Mary Jo Kopecky from the car, and then finally, the other 10 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 Kopecky left the cottage between 11:00 and 11:30. Through his comments from the bench, Judge Boyle makes it clear that he finds their testimony odd. They all recall the time Kennedy and Kopecky left the cottage, but they can't seem to remember other key details from the night, such as how much Kennedy was drinking.

• 25:41Lindsay Graham?

  It's clear that he suspects they've coordinated their testimonies, but there's nothing he can do. After four days of evidence, the inquest wraps and Judge Boyle is left to write his official report. Six weeks later, on February 18th, he produces his judgment. And 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 attorney's 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

• 26:26Lindsay Graham?

  on a table containing copies of the inquest report. As the clerk exits and locks the door behind her, Denise gets right to work. All right, and one copy each, right? The assistant flicks through the report. Oh, man, this thing's almost 800 pages long. Well, we all heard the testimony, there won't be any surprises here. He quickly lists 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 note. Oh, this is interesting. Boyle puts the time of the crash at sometime between 11:30 PM and 1 AM. So he's not saying who he believes, Kennedy or the deputy sheriff.

• 27:07Lindsay Graham?

  Yeah, but he does say there are, quote, "inconsistencies and contradictions" in Kennedy's testimony. 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 Kopecky 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 20 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."

• 27:52Lindsay Graham?

  Ooh, there's more. "That such operation appeared to have contributed to the death of Mary Jo Kopecky." Kennedy is gonna 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? Denise quickly turns to the final page of the judge's conclusion and is furious at what he finds. Ah, damn it, Boyle. What? What is it? He's not gonna do anything. No warrant, no recommended charges. He's just letting the decision hang there. I guess it's back to you then. Ah, he never liked the inquest idea 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.

• 28:37Lindsay Graham?

  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.

• 28:57Speaker 05

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• 29:20Speaker 06

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• 29:52Lindsay Graham?

  It's early 1970, and District 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 Jo Kopecky. But 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 Party 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.

• 30:35Lindsay Graham?

  But with the inquest report still under lock and key, there's growing speculation in the press that a cover-up is underway. And eventually, one member of the public decides to do something about it. Leslie Leland is a 30-year-old pharmacist who lives on Martha's Vineyard. In the spring of 1970, he's also the foreman of an ongoing 18-month grand jury. That March, Leland's grand jury is seated at a Martha'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 Chappaquiddick incident. His fellow juror lights up. It's been a hot topic of conversation in the area for the past few months.

• 31:18Lindsay Graham?

  Seemingly, everyone on the Vineyard has their own pet theory about what really happened that night. Leland's colleague starts running through some of the juicier ideas she's heard. That there was a third person asleep in the backseat of the Oldsmobile when it crashed. That it was actually Kopecky behind the wheel, not Kennedy. Or most disturbing of all, that Kopecky 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, a brief arraignment where Kennedy was given a suspended sentence, and Kennedy's nonsensical public statements. What Leland really wants to find out is what Kennedy was doing in the hours between

• 32:03Lindsay Graham?

  the accident and showing up at the police station. Leland'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, but then nothing came of it. There's no word on what Kennedy said under oath, or whether the other witnesses contradicted him. The world's been left to guess what's inside Judge Boyle's report. Leland 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 Chappaquiddick Island.

• 32:46Lindsay Graham?

  The other juror sits back in her seat and ponders. After a moment, she tells him that it's certainly worth a shot. The worst 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 Kepakney's body. Most 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 Chappaquiddick case is granted. It's scheduled to begin on April 6th.

• 33:28Lindsay Graham?

  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. But this grand jury could change everything. Kennedy's legal team doesn't have to worry long, though. The grand jury is kneecapped from the start. The judge appointed to oversee the case is Wilfred Piquet. He's a former official in the state's Democratic Party and a former client of Ted Kennedy's lawyer. And when he takes over the case, Piquet 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. Then he blocks them from calling in anyone who's already testified.

• 34:11Lindsay Graham?

  And 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 witnesses' combined testimony lasts only about 20 minutes. Left 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. And the backlash is swift.

• 34:54Lindsay Graham?

  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 Kepakney's death, yet somehow the legal system has let him escape without serious punishment.

• 35:08Lindsay Graham?

  But while the press is hard on Kennedy, the voters of heavily Democratic Massachusetts stick with him. In November 1970, Kennedy is re-elected to the Senate with more than 60% of the vote. This result gives Kennedy the confidence to think that maybe Chappaquiddick doesn't spell the end of his hopes for higher office after all. He's already ruled out a presidential run in 1972, but when 76 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 Chappaquiddick. The press 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.

• 35:52Lindsay Graham?

  Four years later, though, he's ready to try again. In 1980, 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 and can't give a good answer, but that embarrassing incident still doesn't put an end to his ambitions, and soon he begins exploring another run from 1984. His cousin, Joe Gargan, joins him to make early preparations, and although he was frozen out of Kennedy's inner circle in the immediate aftermath of the Chappaquiddick incident, in the years since, Gargan's remained a key advisor and aide. Now ensconced again at the compound in Hyannis Port, he's looking over the senator's travel

• 36:36Lindsay Graham?

  itinerary for the coming week, when Kennedy bursts into the room with a black-and-white comic book in his hand. Have you seen this? No, I've been a little busy. What's got you so worked up? Kennedy tosses the comic book onto the desk. Look at the cover. They've drawn me as the literal black sheep of the family, and there's crap inside about me cheating at Harvard, some traffic tickets from 30 years ago, and of course, Chappaquiddick. A political group mailed it to a million voters. They're trying to destroy my campaign before it even starts. Gargan leafs through the comic book. Well, it is certainly unflattering. So what are you gonna do about it? Well, my first question is, are any of these stories untrue? That's hardly the point, Joe. My family's done so much for this country. They should

• 37:21Lindsay Graham?

  treat us with more respect. Chappaquiddick was thirteen years ago. Well, people have long memories for that kinda thing. Kennedy jabs a finger at the comic book. You're the one who's meant to stop things like this. I mean, what have I been paying you for? Not for sitting on your ass here doing nothing. Doing nothing? I tried to help you at the time, Ted. I told you to report the accident that night, but you ran away like you always do, like a spoiled child. Well, what an awful thing to say. After all I've done for you. What you've done for me, for the last thirteen years, I haven't told a soul about what really happened that night. Mary Jo's parents think it was my fault she died. Even my own family looks at me with a side eye when the story comes up. I've had enough, Teddy.

• 38:05Lindsay Graham?

  Some things cannot be fixed. The body of a young woman was pulled from your car, and you've never given a good explanation of that. If the American people do not want a man like that as president, well then maybe they're right.

• 38:21Lindsay Graham?

  Joe Gargan storms out of the room, bowing never to work for his cousin again. But as he strides across the lawn toward his car, Gargan feels the sunshine on his face and the cool Atlantic breeze. His anger turns to relief. He's been fixing Ted Kennedy's problems since he was ten years old. Now, at last, it's over.

• 38:45Lindsay Graham?

  It wasn't until the late 1980s that more details finally emerged about the events on Chappaquiddick Island in the summer of 1969. Joe Gargan shared his side of the story, as did others, including the state's investigator, Bernie Flynn. The picture of Ted Kennedy that emerged from these new accounts was far from flattering. If what Gargan said was true, Kennedy attempted to cover up his involvement in the death of Mary Jo Kapekney, and then frustrated attempts to report the incident to police. But by that time, any possibility of Kennedy facing criminal charges relating to the crash had long since passed. He would continue to serve in the United States Senate for another two decades until his death in 2009.

• 39:26Lindsay Graham?

  But despite all his success as a politician, he had never truly been able to escape the shadow of Chappaquiddick.

• 39:34Lindsay Graham?

  Right up until his death, questions remained unanswered, so protected by the power and privilege that he'd been born into and that had smoothed his path all throughout life, Kennedy took with him what really happened to Mary Jo Kekne to the grave.

• 39:53Lindsay Graham?

  From Audible Originals and Airship, this is episode four of Chappaquiddick for American Scandal. In our next episode, I'm joined by veteran political journalist Peter Canelos to discuss what Chappaquiddick reveals about Ted Kennedy's legacy and the enduring influence of political dynasties in America.

• 40:16Lindsay Graham?

  American Scandal is only possible because of listeners like you, so thank you. And don't miss an episode. Be sure to follow American Scandal on Audible or wherever you get your podcasts. And Audible subscribers can binge new seasons of American Scandal early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts. And to find out more about me, including my other podcasts, my live show, the history tours I'm arranging, and all sorts of other things, go to historyishuman.com. That's historyishuman.com.

• 40:50Lindsay Graham?

  If you'd like to learn more about Chappaquiddick, we recommend the books Chappaquiddick: Power, Privilege, and The Ted Kennedy Cover-Up by Leo Demore, and Ted Kennedy: A Life by James A. Farrell. This episode contains reenactments and dramatized details. And while in most cases we can't know exactly what was said, all our dramatizations are based on historical research. American Scandal is hosted, edited, and executive produced by me, Lindsay Graham, for Airship. This episode is written and researched by Corey Metcalfe, senior producer Andy Beckerman, managing producer Emily Berth, fact checking by Alyssa Jung Perry, audio editing by Mohamed Shazi, music by Thrum, sound design by Gabriel Gould. Executive producer for Airship is William Simpson.

• 41:33Lindsay Graham?

  Executive producer for Audible is Jenny Lauer Beckman. Head of creative development at Audible, Kate Navy. Head of Audible Originals North America, Marshall Louis. Chief content officer, Rachel Giatza. Copyright 2026 by Audible Originals LLC. Sound recording copyright 2026 by Audible Originals LLC.

• 41:59Speaker 05

  On January 24th, 2023, in Duxbury, Massachusetts, Patrick Clancy called 911. He had found his wife Lindsay badly injured and his three children dead and dying. What followed would become one of the most searing and complicated cases in recent memory, raising hard questions about motherhood, mental illness, and how far our justice system will go to understand what really happened. I'm Candace DeLong, host of the podcast Killer Psyche. In our latest episode, we take you inside the case of Lindsay Clancy, the postpartum psychosis defense, the courtroom battle, and the trial that just ended in a stunning mistrial. Follow Killer Psyche wherever

• 42:44Speaker 05

  you get your podcasts. Audible subscribers can listen to all episodes of Killer Psyche one week early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts.