Inquest on Chappaquiddick

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 3 1/2 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.

Dinis was put down at the start by the firm Judge Boyb. The prosecutor had insisted that Kennedy be called as the last witness, presumably so that he could explore all possible inconsistencies in testimony about the tragedy before confronting the Senator. Boyle told Dinis: "I will not keep a United States Senator waiting." Called as the first witness, Kennedy arrived in a briskly confident, controlled mood that contrasted with his dispirited behavior for months after the July accident. He looked just as assured when he emerged from the Dukes County courthouse and, breaking the judge's rules, revealed that he had repeated "substantially" the same account that he had given the nation in his televised explanation. He had also made, he said, "a couple of points I thought would be useful to add to the record."

Dinis was obviously unhappy about the way his questioning of Kennedy had gone. At one point, when Judge Boyle cut off his line of inquiry, Dinis persisted. Boyle gaveled him down. Dinis threatened to quit the proceedings if he could not pursue the matter his own way. After a private conference with the judge, Dinis was given more latitude. But on the next day, he let an assistant take over the questioning, and a state trooper reported that Dinis was "folding up" and would leave the island. Dinis reconsidered, returned to court and later spent 45 minutes lunching amiably on chili and corn chowder with reporters, apparently to counteract reports that he was angry.

Two Doors. The major leaks from the courtroom concerned the testimony of Paul Markham and Joseph Gargan, both lawyers and friends of Kennedy who had attended the Chappaquiddick cookout with him. They confirmed to Judge Boyle that they had helped Teddy try to rescue Miss Kopechne shortly after the car submerged. Gargan told of diving into the water and trying to open the car doors. The car's two left doors, scratched and wrapped in burlap, were brought to the courthouse, presumably because they might bear evidence of the attempts to open them or indicate why such efforts had failed.

The two attorneys claimed that they had advised Kennedy to report the accident to police immediately after failing to reach Mary Jo. The three drove in another car to the ferry landing to cross the inlet for that purpose. Markham and Gargan testified that they were astonished when Kennedy suddenly jumped into the water and swam toward Edgartown. They watched until he safely reached the opposite shore, and assumed that he would then go directly to police headquarters. Kennedy apparently went instead to the Shire-town Inn, where he was staying, changed his clothes, complained of a noisy party to the night manager and returned to his room.

Markham and Gargan spent the night at the cottage where the twelve members of the Kennedy party had held their cookout. In the morning, Markham took the ferry, went to Kennedy's room and learned that the Senator had not yet called the police. The two returned to pick up Gargan, tried to reach Attorney Burke Marshall by telephone for advice, and then went to the police station in Edgartown. By then, the car had been found and the police were looking for Kennedy.

The five women who had attended the cookout, all workers in Senator Robert Kennedy's presidential campaign, were the final witnesses at the inquest. They were presumably questioned about both the degree of drinking at the party and the time at which Kennedy and Mary Jo left the cottage. There was no indication of what they said, but all emerged looking relieved, some smiling. Kennedy testified that he had consumed only two drinks at the cookout, both rum and Coca-Colas, which would hardly be intoxicating when combined with dinner.

Other witnesses included Associate Medical Examiner Donald Mills, who said that he had repeated earlier public testimony that Mary Jo's death was due solely to drowning. Scuba Diver John Farrar told of how he recovered Miss Kopechne's body, but was not permitted to expound on his theory that Mary Jo could have lived for some time by breathing from an air pocket at the rear of the overturned car. Deputy Sheriff Huck Look was asked about the black car with at least two people in it that he had seen near Dike Bridge about an hour after Kennedy said the accident had occurred.

The transcript of the inquest, which fills 765 pages, was locked up in a courthouse vault and cannot be released until the Superior Court decides that no further prosecution of Kennedy is likely. That will depend heavily on the report to be made by Judge Boyle, who promised to act "without undue delay." Dinis can still file charges on his own, as can a grand jury. But a grand jury normally acts at the urging of a district attorney. It seems highly unlikely that Dinis will bother to press another misdemeanor charge, and his aides concede that there is no evidence to sustain a manslaughter charge. Dinis could decide that he has reason to doubt significant parts of Kennedy's sworn testimony and accuse him of perjury. Dinis seemed to be ruling out any such serious action, however, when he hinted to reporters that if all the testimony secured last week had been available long ago, the inquest would not have been necessary at all. He confided to others privately that the inquest report "will end it."

A legal complication would be a suit against Kennedy by the Kopechne family. But the relationship between the Kopechnes and Senator Kennedy since the accident has been surprisingly amicable. The parents have dined with Kennedy at his Washington home, and Joseph Kopechne last week sharply denied a report that he planned to seek damages from the Senator. The family does expect to benefit from Kennedy's automobile insurance policy, which carries a $100,000 liability provision. Mrs. Kopechne complained of the inquest secrecy. "We had tried to go to the inquest," she said, "but we were turned down." But she repeated her belief that Senator Kennedy "was speaking the truth" in his televised account of the tragedy.

If the inquest does finally end the matter as far as the law is concerned, it may not completely clear up public uncertainty about the morality and maturity of Kennedy's actions on that long July night. What did Chappaquiddick reveal about his judgment? His reaction under stress? His fitness for higher office? The full inquest transcript could conceivably help resolve some of these doubts when it is released. But Mary Jo Kopechne will still be dead, and many will still wonder whether Kennedy did all he possibly could have done to prevent her death.

When the inquest was over, Kennedy chose to look ahead, not backward. He returned to Washington with his wife Joan and said that he would accompany her to New York this week, where she will have her tonsils removed. He is eager to resume his senatorial duties, and plans a trip to Dublin for a speech at Trinity College. He expects to kick off his campaign for re-election to the Senate at a dinner on Feb. 22, his 38th birthday.

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