Chappaquiddick | Circling the Wagon | 3

Police on Chappaquiddick Island recover the body of a young woman from Ted Kennedy’s Oldsmobile and begin to question the Senator’s story about what happened. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Speaker names marked ? are inferred from speaking time and the show’s known hosts — they are not voice-verified.

• 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 around 9:30 a.m. on July 19, 1969, on Chappaquiddick Island in Massachusetts. Local police chief Dominic Arena and fire department scuba diver John Farrar stumble up the sandy shore carrying a stretcher.

• 0:45Lindsay Graham?

  On it lies the body of a young woman. Just over an hour ago, a pair of fishermen reported that they found a car upside down in the water near the beach. When Chief Arena ran the automobile's license plate, he was shocked to learn it was registered to Senator Ted Kennedy. But an even more disturbing discovery awaited inside the car. The dead woman on the stretcher was in her twenties. Dressed in a sodden white blouse and navy blue slacks, her body shows almost no signs of visible injury, which is unusual for someone who's just been in a car accident. But Chief Arena is still in the dark about the woman's identity, and he doesn't know if Senator Kennedy is even aware of the crash.

• 1:30Lindsay Graham?

  Arena nods toward his deputy's police cruiser. "So, uh, let's put her in the backseat for now. We don't need people standing around gawking." Arena signals another officer to open the cruiser's rear door. Then he and Farrar slide the stretcher onto the backseat. "All right. Now we just need to figure out who this poor girl is. Well, I'll see if there's anything left in the car. Maybe there's an ID floating around somewhere. That'd be good. Thanks, John." Farrar walks back toward the water and wades in. Arena turns to his fellow officer with some orders. "Would you call the medical examiner, um, the undertaker, too? Then we need to get a tow truck out here to pull the car from the water." The officer nods and hops in the front seat to use the radio.

• 2:12Lindsay Graham?

  And while he's making these calls, Arena turns to a local man who's wandered over to watch. "Hey, sir, could you do me a favor? I'm a little shorthanded here, and I need someone to head down to the ferry landing to meet with the medical examiner. His name's Dr. Mills. He's an older guy with horn-rimmed glasses. You really can't miss him." The helpful local quickly agrees, and with wheels in motion, Arena returns his attention to the body in the backseat. She looks like a lovely young woman who's just lain down for a nap. Ah, what a waste. What were you doing in that car, kid?

• 2:43Speaker 01

  Got something, chief.

• 2:46Lindsay Graham?

  Arena turns to see Farrar standing in the shallows. He's holding a floral-patterned hard-shell bag. Arena hurries down the slope to take it. Water gushes out as Arena opens the bag. Rooting around inside, he pulls out a driver's license. Rosemary Keough. All right. And this is what looks to be a pass for the US Senate. Also for Miss Keough. Okay, well, must be her, right? Maybe she worked for Senator Kennedy. You think he let her borrow the car for the weekend or something? That's possible, but we won't know for sure until we talk to him. There are two keys for a hotel over in Edgartown here, too. So for now, why don't you head back in the water, make absolutely sure Keough was the only person in the car.

• 3:29Lindsay Graham?

  There could be another body in the water we haven't found yet, so focus your search downstream. That current's pretty strong. As Chief Arena watches the scuba diver once again disappear into the water, he hears a tow truck driver pull up and park just beside him. Arena walks over to the truck and begins chatting with the driver about how to pull the car safely from the water. In passing, Arena mentions that the Oldsmobile belongs to Senator Ted Kennedy, and to the chief's surprise, the driver explains that he just saw Kennedy over by the ferry landing. At once, Arena hurries over to his cruiser and gets on the radio. He needs an officer at that ferry landing right away, because he has some bad news for Senator Kennedy.

• 4:31Speaker 02

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• 5:01Speaker 03

  Hey, what's up, guys? It's Hayley Bailey. Okay, I need to tell you about something. I just got YouTube Premium. It's got tons of awesome features like offline downloads, so I can download my favorite videos before I travel and watch them whenever I don't have Wi-Fi. Because we all know airplane Wi-Fi is the worst. I get ad-free, I get background play, and there's like a ton more in there. You should try it. If you like YouTube, you'll love YouTube Premium. So try YouTube Premium for two months free at youtube.com/premium. Trial eligibility varies. Terms apply. Cancel anytime. That's a mouthful.

• 5:38Lindsay Graham?

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

• 6:02Lindsay Graham?

  In July 1969, Senator Ted Kennedy attended a party at a small cottage on Chappaquiddick Island in Massachusetts. Sometime after 11:00 PM, he left the cottage in his car with 28-year-old Mary Jo Kapackney. Later, he drove the car off a nearby bridge and landed upside down in a stretch of water close to the beach. Kennedy apparently escaped the wreck with minimal injuries, but Kapackney was killed. Ted Kennedy should have reported the crash immediately, but instead, he tried to rope in his cousin Joe Gargan and their associate Paul Markham into coordinating a false story that would absolve the senator of any responsibility. Gargan and Markham refused to go along, though, and the following morning, they finally convinced Kennedy to go to the police.

• 6:46Lindsay Graham?

  But the crash was discovered before Kennedy could report it, and now his political and legal problems are threatening to go from bad to worse. This is episode 3, Circling the Wagon.

• 7:02Lindsay Graham?

  When Police Chief Dominic Arena calls the station to report that Ted Kennedy was just seen in the area, he's shocked to learn that he's already in the office. Arena asks to speak with him, and in a brief phone conversation, Kennedy explains that he's aware his car was involved in an accident, but volunteers little other information. Arena tells Kennedy to stay put and speeds off to speak with him in person. Not wanting to lose any time, Arena doesn't even change out of his bathing suit. He's still dripping wet when he arrives at the Egretown Police Station. Outside, he spots two local reporters hovering near. That's unusual for a Saturday morning, so word about the crash must be spreading. Chief Arena hurries inside, and when he reaches his office, he finds Kennedy and another

• 7:46Lindsay Graham?

  man taking the liberty of using his office phone.

• 7:53Lindsay Graham?

  Good morning, Senator Kennedy. I'm Chief of Police Dominic Arena. Kennedy quickly ends his conversation. Oops, sorry, gotta go. I'll call you back. Kennedy hangs up the phone and rises from the chair. Chief, it's a pleasure. This is, uh, my friend Paul Markham. He nods to the man beside him. Arena recognizes Markham instantly. Uh, Paul and I, oh, we've crossed paths before. He was the US Attorney in Boston, and I was a, just a state trooper. Oh, good, then we're all friends here then, right? Um, so Senator, I understand you're aware there was an accident involving your vehicle? Yeah, I am. I was driving the car when it crashed. Arena wasn't expecting this. Oh, I see, I, I didn't know that.

• 8:36Lindsay Graham?

  Well, first things first, I'm afraid we've recovered a body from the wreckage. A young woman we believe to be Rosemary Keough. We'll need to inform her family. Oh, no, that's not Rosemary. The woman is Mary Jo Kapackney, and I've already spoken with her mother. Kapackney, uh, how do you spell that? I'm, I'm not actually sure. I'll, I'll have someone check on it for you, but do you have a strategy for dealing with the press? The press? Arena is frazzled. Here's Kennedy, well dressed and in control, while Arena is stuttering through his words in a wet bathing suit. Kennedy puts a calming hand on his shoulder. Yeah, I mean, look, once reporters hear about this accident, they're gonna descend on this place like locusts. I imagine I'm a little more used to that kind of thing than you are,

• 9:20Lindsay Graham?

  so it helps to think things through beforehand. Well, I saw two reporters outside already. Did you talk to them? No. Well, good man, best not to say anything just yet. You'll need a statement from me, I guess? Yeah, of course, that's... Can we do that now? Well, if it's okay with you, I'd like to write it out. Avoid missing any details. That'll work? Sure, absolutely. I'll just need somewhere to write it. I assume you want your office back? Well, yeah, thanks. But there's an empty accounting office down the hall. No one's gonna bother you there, so just take your time. All right, splendid. And don't feel obligated to wait around. I'm sure you have plenty to do.

• 9:58Lindsay Graham?

  For Police Chief Dominic Arena, what started out as a routine traffic investigation has suddenly become something else entirely. The type of case it's impossible to prepare for. His mind reeling, he heads back to Chappaquiddick. And while Arena is en route, medical examiner Donald Mills arrives at the crash site. Mills looks over Kapekne's body, which is still laid out on a stretcher in the back of a police cruiser. At first blush, all the evidence is consistent with death by drowning. With his initial examination complete, he has to decide whether or not to request an autopsy, but this is a tricky question. Usually, in the case of a car accident, there would be no need, but as this crash involves a US senator, there's sure to be more scrutiny.

• 10:42Lindsay Graham?

  He can imagine being criticized no matter what choice he makes, so he decides not to make the call himself. He'll leave it to the District Attorney's Office to make the decision. And while Mills is with the body, Chief Arena arrives back on the scene. By now, volunteer Deputy Huck Look has shown up. He's turning any traffic away from the bridge and keeping the public at a safe distance. And when he sees Arena, he tells him what he saw the night before. Look explains that around 12:45 a.m., he saw an Oldsmobile just down the road from the crash site. It was a man driving with a woman in the passenger seat. They seemed to be lost, but when Look approached, the driver suddenly sped off. In the darkness, though, Look was able to catch a glimpse of the license plate. It began with L7,

• 11:27Lindsay Graham?

  which are the first two digits of the car in the water behind them. Chief Arena nods his thanks. That'll be useful for establishing a timeline. Then he walks onto the bridge. Scuba diver John Farrar is still in the water, looking for other bodies. When he surfaces, Arena calls out that he can stop. He already knows who was in the car, and no one else is missing. Farrar waves back to the shore. When the tide is at its lowest, the Oldsmobile is then hauled out of the water. Its windshield is shattered, and panels on the top and passenger side are crumpled from the impact with the water. Arena and Farrar look inside, and they soon come to a disturbing conclusion. When Farrar found Kopecky's body, her head had been pressed against the floorboard of

• 12:11Lindsay Graham?

  the upside-down vehicle. That would have been precisely the area that filled with water last. This suggests that Kopecky survived the initial crash and was conscious long enough to find an air pocket. As an experienced rescue diver, Farrar knows that these air pockets can sometimes last for hours before the oxygen in them runs out. So it's possible that Kopecky suffocated, rather than drowned. And if emergency services had been called to the scene immediately after the accident, there's a good chance she could have been saved. To Chief Arena, it looks like Ted Kennedy has some explaining to do. He should be finished with his statement by now, so Arena decides to head back to Eggertown to see what he has to say. Arena arrives at the police station just after 11 a.m.

• 12:56Lindsay Graham?

  On the way into the building, he passes a crowd of locals, tourists, and journalists. But again, he ignores them and heads straight inside. Poking his head into the unused accounting office, Arena sees Kennedy pacing the room as Markham sits at the desk, writing out the statement by hand. A moment later, Markham tears off the page from the yellow legal pad, then hands it over to Chief Arena. Arena looks it over. The writing is a bit sloppy, with some words crossed out and replaced. It's still mostly legible, but Arena suggests he type it out for the official record. Markham agrees, so the three men head down the hall to Arena's office. Arena takes a seat at his desk and Markham watches over his shoulder as he types. Doesn't take long to copy, the entire statement is only three paragraphs long.

• 13:41Lindsay Graham?

  But Arena is mostly focused on getting the words right, rather than scrutinizing the statement's actual content. But he can already see there's no real explanation of why Kennedy took so long to contact the police. When he's done typing, he gives a carbon copy to Kennedy and Markham to look over. Kennedy nods his approval, it's been transcribed correctly. But he does have one request. Before he signs the statement and makes it all official, he'd like his family lawyer Burke Marshall to look it over. Chief Arena doesn't object, as long as the statement is still delivered to him promptly, it won't be a problem. With that, Kennedy gets up to go. But before Arena can let him leave, he has a request of his own. He needs to see Kennedy's driver's license.

• 14:24Lindsay Graham?

  Kennedy glances at Markham, and then explains he doesn't have his wallet with him and isn't even sure where it is. Chief Arena frowns. Technically, it's a crime not to present a driver's license when reporting an accident. Combined with the fact that Kennedy left the scene and took so long to come forward, Arena could arrest Kennedy on the spot. But he quickly pushes this idea from his mind. It's already been a long morning. So instead, Chief Arena tells Kennedy he can drop off the license later. Then he leads Kennedy and Markham toward the rear of the building, helping them avoid the growing crowd out front. And as he says goodbye, Arena has no idea that the unsigned statement in his hand will be the only information he gets from Kennedy for days to come, or that the brief document

• 15:07Lindsay Graham?

  is riddled with omissions and errors. In the statement, Kennedy puts the time of the crash at 11:15 PM. But Deputy Sheriff Huck Look saw the Oldsmobile on the road nearby around 12:45. That's an unexplained 90-minute discrepancy.

• 15:24Lindsay Graham?

  The statement also doesn't mention anything about the boozy cottage party leading up to the accident, and Joe Gargan and Paul Markham's rescue attempts are omitted as well. Arena just thought Markham was a friend, helping Kennedy out, not that he was also involved in the case. But now it's too late to question either man any further. Soon after leaving the police station, Markham and Kennedy fly to Hyannis Port and the safety of the Kennedy family compound there. They aren't the only witnesses taking the opportunity to slip away. Joe Gargan has arranged for the five remaining boiler room girls to leave Chappaquiddick altogether. He then quickly settles up their bills with the hotels in Egger Town before departing the area himself. And when the growing throng of media at the police station learn that Kennedy has slipped

• 16:07Lindsay Graham?

  out of town, they're furious, and Chief Arena only fuels their outrage when he refuses to share Kennedy's statement without the senator's permission. To the press, it begins to look like this small-town police chief is being played. It's an assessment the county prosecutor Walter Steele agrees with. He lives nearby, and when he shows up to the police station later in the morning, he quickly determines that Chief Arena could use some help. Inside the station, Steele tracks down Arena and asks to see Kennedy's statement. Looking it over, the prosecutor immediately sees red flags. Kennedy claims that he was attempting to drive himself and Capackney to the car ferry on the west side of the island but took a wrong turn east toward the beach where the accident occurred.

• 16:51Lindsay Graham?

  But Steele points out that Kennedy was familiar enough with the island to know which way the landing was, it's just not credible that he'd drive in entirely the opposite direction along a bumpy dirt track and not realize he'd gone wrong. And Kennedy's story about what happened after the crash is just as suspicious. In his statement, he claims he was in a state of shock and exhaustion, and that's why he didn't report the accident sooner. Steele quizzes Arena about Kennedy's physical and emotional state when they spoke earlier, and Arena has to admit that Kennedy seemed fine. He showed no obvious emotional distress, and Arena could see no physical sign he'd been in a car crash at all. Something doesn't add up. In Steele's eyes, Kennedy should be looking at a charge of leaving the scene of an accident

• 17:34Lindsay Graham?

  at the very least, but Chief Arena just lets out a sigh. He clearly isn't thrilled at the idea. But there's no getting away from the facts, so he walks away to call the district attorney's office. Steele doesn't envy Chief Arena's predicament, but he's confident he's just saved Arena an even bigger headache down the line. Because if Senator Kennedy is lying to them about what happened, the last thing they want to do is look like they're joining the cover-up.

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• 19:15Lindsay Graham?

  As County Prosecutor Walter Steele digs further into the accident on Chappaquiddick, he comes to the conclusion that an autopsy on Mary Jo Kopecky should be performed. It's still unknown exactly how long she survived inside the submerged car, and it's better to be thorough to avoid any hint that Ted Kennedy is receiving special treatment. Steele passes this recommendation along to the district attorney's office. But the issue devolves into a game of hot potato. The DA decides to let Edgar Town Police Chief Dominic Arena make the call. Arena then defers to the local medical examiner, but he punts the decision back to the DA. None of them seems to want the responsibility for ordering an autopsy in such a politically sensitive case.

• 19:59Lindsay Graham?

  Means that in the end, no autopsy is performed. Instead, Mary Jo Kopecky's body is released to her family and flown to Pennsylvania for the funeral. By then, Ted Kennedy is back at his family's compound in Hyannis Port, Massachusetts. More than a dozen legal and political advisers have joined him there. They include Ted Sorensen, the renowned speechwriter and top lawyer in the John F. Kennedy administration, and Robert McNamara, the former U.S. Secretary of Defense. This legal team works downstairs in the main house while the political team huddles upstairs with Kennedy himself. But as the day goes on, the lawyers become frustrated. They suspect Kennedy isn't sharing the full truth of what happened on Chappaquiddick,

• 20:42Lindsay Graham?

  and their dismay that he seems more focused on the potential political fallout than any legal consequences. But while the aides and lawyers jostle for Kennedy's attention, also lingering around the compound are Paul Markham and Joe Gargan. They are the confidants who were with Ted Kennedy on Chappaquiddick in the hours just before and after the accident, but they've been excluded from the team meetings in the main house. Gargan feels especially hurt, and it's not just because he's been shut out of the inner circle. Based on the side-eyed looks he's been getting, Kennedy's other advisers somehow hold him responsible for the accident and the failure to report it. As the sun begins to set, Gargan makes his way down the dock, hoping that the sea air will help clear his head. A moment later, Paul Markham joins him.

• 21:27Lindsay Graham?

  They both light cigarettes, and Gargan takes an opportunity to vent. Gargan begins by recounting a disturbing conversation he had earlier in the day with one of Kennedy's lawyers. He told Gargan that Kennedy is planning to invoke attorney-client privilege with both Gargan and Markham. Markham is taken aback by this. While he is technically a lawyer, he doesn't represent Kennedy and never thought he did. Stripping naked and trying to rescue a woman from an upturned car isn't something attorneys typically do. And even when he went to the police station with Kennedy to finally report the accident, Kennedy never asked for his legal advice. So Markham doesn't understand, but Gargan can see exactly how this might play out.

• 22:09Lindsay Graham?

  Soon, the public will learn that Ted Kennedy waited more than nine hours to report the accident and that he spent much of that time with Gargan and Markham. Kennedy, of course, will claim that he was in shock and that's why he didn't go to the police. At that point, people will either have to believe Kennedy's story and question why Gargan and Markham didn't call in the accident themselves, or they'll think Kennedy is lying and assume Gargan and Markham are working with him to orchestrate a cover-up. Either way, Joe Gargan and Paul Markham will be blamed. And if they're bound by lawyer-client privilege, they won't be able to speak publicly about what really happened. They won't be able to defend themselves. They won't be able to say that they risked their lives to save Mary Jo Kopecky

• 22:52Lindsay Graham?

  or that they were begging Kennedy to report the accident before he abruptly ditched them and swam back to the hotel alone. It's clear to Gargan that Kennedy is willing to sacrifice the reputations of his friends if it helps him save himself. Feels like a slap in the face. Gargan isn't just another aide to be used and discarded. He's family, and he's been Kennedy's loyal protector since he was 10 years old. Agrieved, Gargan explains that he'll be getting his own outside lawyer to advise him in the case, and he suggests Markham do the same. While Gargan and Markham take steps to protect themselves, the following 24 hours are marked by indecision and inertia within the Kennedy camp. Kennedy himself remains hidden away inside the compound,

• 23:35Lindsay Graham?

  while his legal and political advisers debate and strategize how to handle the growing crisis. All media requests for comment are rebuffed. Even inquiries from the police are stonewalled. But that silence soon backfires. When Edgar Town Police Chief Dominic Arena fails to hear back from Kennedy or his lawyers as promised, he decides to share Kennedy's unsigned statement with the press. And for the reporters, this short document also raises more questions than it answers. They immediately focus on the long gap between the accident and Kennedy reporting it. The delay seems inexplicable. And with this story now leading news bulletins across the country, the pressure for Kennedy to make a statement grows even further.

• 24:18Lindsay Graham?

  But still, there's silence from Hyannis Port. Before Kennedy says anything publicly, the people around him are desperate to know what, if any, charges may be coming. So they start calling every contact they have, trying to get an inside track. Luckily, this is Massachusetts, and the Kennedys have loyal and influential friends all across the state. Jimmy Smith is one of those. He is both a former campaign aide for Robert Kennedy and a current assistant district attorney in Massachusetts. And at the request of the team in Hyannis Port, on Sunday, July 20th, Smith dials up his boss, District Attorney Edmund Denise. Like Smith and Kennedy, Denise is also a loyal member of the Democratic Party.

• 25:00Lindsay Graham?

  Though he's only 45 years old, Denise has already served terms in both the Massachusetts House and State Senate, and he's been a public supporter of the Kennedys ever since he backed JFK's presidential campaign back in 1960. So there's a reason for Smith to believe Denise will take it easy on Ted Kennedy. But still, he can't be sure. A cornerstone of Denise's record as a prosecutor has been his aggressive approach to drunk driving. And in cases where a fatality has occurred, Denise has been known to personally lead the prosecution himself. Kennedy had certainly been drinking before the crash, and if investigators go looking, it won't take them long to figure that out. So as Smith waits for Denise to answer his call, he can only hope the DA's political

• 25:42Lindsay Graham?

  loyalties come first, and that he won't pry into the case too closely.

• 25:50Lindsay Graham?

  Hello, this is Edmund Denise. Hey boss, it's Jimmy, and sorry to bother you on a Sunday, but you got a moment to talk? You can probably imagine why I'm calling. Uh, this business with the Senator? I'll give you my two cents if you don't mind. Alright, go ahead. Well, the media's getting all worked up about the delay in reporting the accident. But here's the thing, before the crash, before any of this, Teddy had a bad back, right? He nearly died in that plane crash a few years ago. Yeah, I remember. Well, he couldn't even get out of bed on election night. Then he gets banged up pretty badly again during this car accident, so if he says he was feeling too loopy to call it in right away, I'd be inclined to believe him. Mm-hmm. And I guess I just wanted to gauge where your head's at. Seems to me that it was a miracle that he was even able to save himself.

• 26:35Lindsay Graham?

  Well, Jimmy, I've had a few calls about this already, as you can imagine, but I don't think I need to get involved. So you're not planning on bringing charges? Rose Kennedy has already lost three sons, Jimmy. Her husband's had a stroke. I don't want to be the guy who puts her only living boy in jail. No, this is a local matter, simple traffic charge. We'll let Egbertown handle it. They'll have to deal with Teddy leaving the scene, of course, but that's hardly the crime of the century. Most likely, he'll have his license suspended for six months, and then he can get on with his life. Well, I'm sure that will be a relief for the entire family, Ed. Well, I hope so. And since you know the Senator, perhaps you can do me a favor, pass along a message from me. Oh yeah, of course. Tell him if he wants me to get involved, to make it look like there's no special

• 27:20Lindsay Graham?

  treatment, then I will. Otherwise, I'm staying out of it. It's his call, though. As far as I'm concerned, his family's been through enough.

• 27:30Lindsay Graham?

  Jimmy Smith is relieved to hear that he and Edmund Denise are on the same page. And after Smith hangs up, he immediately begins dialing around to people in Kennedy's inner circle. He's got good news, straight from the DA. And it looks like Senator Kennedy is gonna get off with a slap on the wrist.

• 27:51Speaker 02

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• 30:02Lindsay Graham?

  By the evening of Sunday, July 20, 1969, it's been just under 48 hours since Senator Ted Kennedy crashed his automobile on Chappaquiddick Island. But the media takes a break from that developing story to focus on an even bigger one as the world gathers around their televisions to watch Neil Armstrong become the first person to walk on the moon. It's a bittersweet moment for the Kennedy clan. It was the late John F. Kennedy who launched the Apollo program eight years ago, promising to deliver this very moment. But right now, the Kennedys' attention is divided between JFK's crowning achievement and getting his youngest brother out of trouble yet again. On Monday morning, July 21, Police Chief Dominic Arena enters the Edgar Town Courthouse to begin the process of charging Kennedy with a crime.

• 30:47Lindsay Graham?

  Arena requests authorization to issue a complaint against the senator for leaving the scene of an accident. In the documents he submits to the court, Arena lists the time of the crash as somewhere between midnight and 1 a.m. In Kennedy's statement at the police station, he said the accident happened around 11:15. But Deputy Sheriff Huck Look claims he saw Kennedy's car driving on the island at 12:45, 90 minutes later, and it's clear that is what Arena believes. The court sets a hearing for a week's time. But while the legal process gets underway, the parents of Mary Jo Kopecky prepare to bury their only child. The funeral is held in Plymouth, Pennsylvania, on July 22.

• 31:28Lindsay Graham?

  That morning, Gwen Kopecky rides to the church with her husband, Joseph. As soon as their car pulls up, Gwen realizes this isn't going to be an ordinary funeral, though. Townspeople she's never met before line the block, along with TV crews and photographers. As Gwen exits the car with her husband, cameras flash and reporters start shouting questions. They want to know what Mary Jo was doing on Chappaquiddick. Why was she driving with Ted Kennedy? What sort of relationship did she have with him? Gwen grips her husband's hand as they walk silently toward the rectory. But even as the voices of the media fade behind her, their questions linger in her head. She's seen all types of stories in the papers about her daughter in the past four days.

• 32:11Lindsay Graham?

  They've referred to Mary Jo as a pretty blonde and implied that she was just another girl Kennedy snuck off with for an extramarital tryst. But Gwen knows better. Mary Jo was bright, a dedicated young woman who had played a leadership role on Bobby Kennedy's presidential campaign. That's how she should be remembered. In the rectory, the Kopeckneys meet with a pair of priests as they wait for the funeral to begin. But a minute or two later, there's a commotion outside. Gwen peeks between the drapes and sees that Ted Kennedy has arrived. A crowd of supporters mob him, and suddenly, it looks more like a political rally than a funeral. Kennedy is wearing a large, white neck brace. When Kennedy called her the morning after the crash, he didn't mention any injuries,

• 32:55Lindsay Graham?

  so Gwen can't help wondering whether he's looking for sympathy. But she keeps those thoughts to herself as Kennedy comes into the rectory. The priests excuse themselves, leaving Kennedy and Gwen alone. Kennedy then takes Gwen's hand. He begins offering his condolences, but he's babbling, looking down at the floor, jumping between trains of thought so fast it's hard for Gwen to make out exactly what he's saying. And while Gwen appreciates the gesture, what she really wants to hear is the truth about what happened. All she knows is what she read in Kennedy's flimsy statement to the police. She wants to hear how much he had been drinking and how fast he was driving. Most of all, she needs to know what Kennedy was doing alone with Mary Jo late at night.

• 33:38Lindsay Graham?

  But as Kennedy stammers on, Gwen thinks better of it. She doubts she'll get a good answer from Kennedy in this state, and besides, this isn't the time or the place. Today is about remembering the life of Mary Jo. So she simply thanks Kennedy for coming, then takes her husband's hand again and makes her way inside the sanctuary. There will be time enough to have her questions answered later. After the funeral, Ted Kennedy heads back to Hyannis Port to strategize for the court hearing, which is now just five days away. Ultimately, his lawyers decide to waive Kennedy's right to a hearing and go straight to an arraignment. Now Kennedy faces a much tougher decision: how to plead. Admitting his guilt on the charge of leaving the scene of the accident would get the ordeal over with faster.

• 34:22Lindsay Graham?

  But Kennedy has a long history of reckless driving, so a guilty plea could expose him to a serious punishment, maybe even prison. But if Kennedy pleads not guilty, then he will have to go to trial. That will drag things out and invite testimony from other partygoers that may prove damaging. In an effort to put this behind them as quickly as possible, Kennedy's legal team ultimately decides to plead guilty, request a suspended sentence, and hope that the judge, James Boyle, takes it easy on him. The arraignment takes place on July 25th, one week after the accident. Kennedy pleads guilty at the outset. Then-police chief Dominic Arena reads his brief summary of the case. There's one tense moment when Judge Boyle asks if Kennedy ever tried to conceal that

• 35:06Lindsay Graham?

  he was the driver. But Kennedy's lawyer interrupts, and instead of answering the question, definitely changes the subject. Boyle doesn't press the issue any further, never forces Kennedy to answer or plead the fifth. Finally, Judge Boyle asks the probation officer if Kennedy has any previous record. The officer says, "No, that's not true, but because Kennedy's other serious traffic offenses occurred in Virginia, this Massachusetts court has no record of them." So with that, Judge Boyle explains that since Kennedy has no previous offenses, and there's no evidence he tried to conceal he was the driver, he's giving Kennedy a suspended sentence of two months and one year of probation. After less than 10 minutes in court, Ted Kennedy is free to go.

• 35:50Lindsay Graham?

  But that only settles the legal side of things. Now Kennedy has to try and salvage his political career. And as he leaves the courthouse, he is hounded by reporters. He declines to answer their questions, instead informing them that he'll be making a televised statement that evening. It's finally time to tell his story about what happened on Chappaquiddick. A few hours later, Kennedy is back in his family's compound in Hyannis Port, seated behind a desk in the library. The room is buzzing with TV crew, political and legal advisors, as well as Kennedy's wife, mother, and sisters. In Kennedy's hands is a speech he's prepared with Ted Sorenson. He gives it one last look, then closes his eyes and tries to soothe his nerves.

• 36:35Lindsay Graham?

  Kennedy's moment of calm is interrupted by the producer. We're about to go live, Senator. All right. Hey, everyone, let's, let's clear the room. I need to concentrate here. Kennedy watches as his family and advisers shuffle out the door, leaving just him and the crew. Then the producer backs away and counts down to airtime. Okay, sir. Three, two. Kennedy looks into the camera and then begins to speak. My fellow citizens, I've requested this opportunity to talk about the tragedy which happened last Friday evening. This morning, I entered a plea of guilty to the charge of leaving the scene of an accident. Before, it would have been improper to comment on these matters. But tonight, I am free to tell you what happened and to say what it means to me.

• 37:19Lindsay Graham?

  Kennedy begins by recounting the basic details of why he was on the island that weekend, and then he turns to Kopecky. Mary Jo was one of the most devoted members of the staff of my brother Bobby before his passing. She was such a gentle, kind, and idealistic person. All of us tried to help her feel that she had a home with the family. There is no truth, no truth whatever, to the suspicions of immoral conduct that have been leveled at my behavior and hers regarding that evening. There's never been a private relationship between us of any kind, nor was I driving under the influence of liquor. Kennedy then explains the crash, claiming he first tried to save Kopecky himself, and then later made another attempt with Joe Gargan and Paul Markham.

• 38:00Lindsay Graham?

  But now comes the hard part, justifying not reporting the accident for over nine hours. Although my doctors informed me that I suffered a concussion as well as shock, I do not seek to escape responsibility for my actions. I regard as indefensible the fact that I did not report the accident to the police immediately. All kinds of scrambled thoughts went through my mind during this period. I questioned whether the girl might still be alive somewhere, whether some awful curse did actually hang over all the Kennedys, or whether somehow the terrible weight of this incident might in some way pass from my shoulders. I was overcome by a jumble of grief, fear, doubt, exhaustion, panic, confusion, and shock.

• 38:43Lindsay Graham?

  But then in the morning, with my mind somewhat more lucid, I belatedly reported the accident to the police. Kennedy continues his account of the incident before finally wrapping the speech by addressing whether he will continue on as Senator. It has been seven years since my first election to the Senate. You and I share many memories. Some of them have been glorious, some have been very sad. The opportunity to work with you and serve Massachusetts has made my life worthwhile. And so I ask you tonight to think this through with me. In facing this decision, I seek your advice and opinion. In making it, I seek your prayers. When the camera blinks off, Ted Kennedy hopes he's done enough to save his political career.

• 39:25Lindsay Graham?

  But beyond the walls of his safe haven in Hyannis Port, critics are still circling. Rumors are still spreading. Questions are still being asked about what really happened on Chappaquiddick Island. And if anything, Kennedy's speech has only made things worse. From Audible Originals and Airship, this is episode three of Chappaquiddick: The American Scandal. In our next episode, the political and legal dangers for Ted Kennedy escalate as he's pulled back into court to answer questions under oath. 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.

• 40:10Lindsay Graham?

  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. If you'd like to learn more about Chappaquiddick, we recommend the books Chappaquiddick: Power, Privilege, and The Ted Kennedy Coverup 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.

• 40:55Lindsay Graham?

  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 Burr, fact checking by Alyssa Jung Perry, audio editing by Mohammed Shazib, music by Thrum, sound design by Gabriel Gould. Executive producer for Airship is William Simpson. 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.

• 41:36Speaker 06

  Hi, I'm Kenya Barris.

• 41:45Speaker 01

  And I'm Malcolm Gladwell. We're back for season two of our Audible Original podcast, The Unusual Suspects.

• 41:52Speaker 06

  We'll sit down with extraordinary guests from the worlds of art, film, literature, comedy, and wellness to hear from their unexpected stories of success.

• 41:59Speaker 01

  And who do we have this season? Well, we'll talk with Grammy winning artist Anderson Paak, athlete Rich Roll, portrait artist Amy Sherald, Oscar winning director Ron Howard, legendary writer David Sedaris, and many more. These conversations are more intimate than last season, wouldn't you say?

• 42:15Speaker 06

  I would. Listen to season one of The Unusual Suspects wherever you get your podcasts and sign up for a free trial Audible to listen to season two in the Audible app or by subscribing to Apple Podcasts.