Inquest on Chappaquiddick

Monday, Jan. 19, 1970

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AFTER the many months of argument among expensive attorneys, confused public officials and embattled judges in two states, the long-awaited inquest into the death of Mary Jo Kopechne proved unexpectedly low-key and uneventful. Intruding upon the wintertime serenity of Edgartown, Mass., on Martha's Vineyard, the inquest gave Senator Edward Kennedy new hope that he may yet recover from the public disgrace of the night his car hurtled off a bridge on Chappaquiddick Island.

Nearly 200 newsmen milled about the small town (pop. 1,500), searching, mostly in vain, for a breaking story. Those facing hourly deadlines often latched onto one of the many rumors swirling about the closed hearing or resorted to writing in trivial detail about the "picturesque" town and the quaint quirks of some of its citizens. The real news, of course, was concealed behind closed doors, although as the inquest week went on, some significant facts leaked out.

The purpose of the inquest was to determine whether there was sufficient evidence to bring any charges against the Senator other than the one to which he has already pleaded guilty: leaving the scene of an accident. That is a misdemeanor, for which he was given a suspended sentence of two months in jail. The only other possible crimes arising out of the accident are manslaughter, a felony that requires proof of "wanton or reckless conduct"; drunken driving, a misdemeanor; and "driving to endanger," another misdemeanor under an unusual Massachusetts law that calls for evidence of a "negligent attitude." The inquest thus necessarily centered upon whether Kennedy was negligent in not seeking help sooner to rescue Miss Kopechne, whether he had made a serious effort of his own to save her, the manner in which he drove his car that night, and how many alcoholic drinks he had at the cookout preceding the death.

Useful Points. Under the strict secrecy ordered by the Massachusetts Supreme Court—and persistently sought by Kennedy's lawyers—none of the testimony taken from 27 witnesses in 3½ days of questioning was released. District Justice James Boyle, who had favored an open hearing, ordered all witnesses to reveal nothing about what was said in court. Yet not only were there leaks, but Kennedy aides continued to urge that the entire transcript of the proceedings be revealed as speedily as possible. That desire, coupled with an air of resignation about District Attorney Edmund Dinis, the normally aggressive prosecutor who had pursued the case, made it apparent that the inquest had revealed nothing new that would seriously hurt Kennedy.