The Lulac Edition #4,126, August 17th, 2019

INTERVIEW

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It is fifty years since the tragic accident last month at Martha's Vineyard that claimed the life of hometown resident Mary Jo Kopechne and forever changed the life of Senator Eduard Kennedy.  The dean of local broadcasting, David DeCosmo was front and center in the aftermath of the investigation so we thought we'd ask a few questions. But before we did, David gave us a background on the story.

Decosmo: Let me begin, however, by saying as a 26-year-old reporter at the time I had NO idea I was to become "part o the story" as it unfolded.
The impact of the Kennedy car crash was immediately "sensational news" in this area since a local native, Mary Jo Kopechne died as the result of the incident.
I believe Fred Ney of the Sunday Independent was one of the first to learn of the local connection.
The initial news reports out of Massachusetts indicated that Mary Jo had drown and that the Senator had waited 10 hours to report the accident. He entered a guilty plea to leaving the scene of an accident causing personal injury. He received a two month jail sentence which was suspended.
That evening Senator Kennedy appeared on National television giving his explanation of what had happened the evening of the accident.
At that time local coverage focused on Mary Jo's funeral and, of course, Kennedy's attendance at the services. He came with his wife and wore a neck brace during the services.
The story returned to Luzerne County in October 1969 as Edmund Dinis, District Attorney for the Southern District of Massachusetts filed a petition in County Court seeking to have Mary Jo's body exhumed so that an autopsy could be preformed
so that additional evidence might be discovered regarding causes and circumstance surrounding her death.
Mr. and Mrs. Joseph Kopechne, Mary Jo's parents, objected to the petition. They were represented by Attorney Joseph Flanagan. President Judge Bernard Brominski presided.b I should like to note that, realizing the national and even international interest in the case Judge Brominski met with local news representatives to discuss their needs, his responsibilities, and how we would, to the best of his ability, try to accommodate both. If I recall correctly a Chicago newspaper praised him for those efforts.
A key ingredient in DA Dinis' case involved what he considered to be contradictions
between statements by witnesses on Chappaquiddick and the televised statement offered by Senator Kennedy.
Unexpectedly, network television reused to provide the DA with a copy of Senator Kennedy's televised address. I was leaving the courthouse for a lunch break
and happen to be next to Armand Fernandes, an assistant to District Attorney Dinis.
I teased him about depending on television and never thinking about radio to which he
replied "You mean that was on the radio too?" I said yes and he asked if I had a copy.
When I told him I did not he asked "Can you get one?" I replied "I think I can." So, during that lunch break I called WBZ in Boston, explained the situation, and officials got their audio copy of Senator Kennedy's speech and played it over the phone to me at the WILK studios (I was News Director there) where I taped a copy on our recorder.
Since this process took longer that the allotted lunch break time I asked a colleague to bring me the copy as soon as it was finished.
I returned to the courtroom where legal arguments were underway. Within about 25 minutes the judge's secretary entered the courtroom and whispered something to judge Brominski. He halted the proceedings and, looking at me, said "David, can I see you for a moment." I had to leave my seat and walk to the bench as though I was an attorney being summoned. Naturally everyone in the courtroom was staring at me wondering why I was being called.
Judge Bromiski said "What's this about a tape they brought to my chambers?" I
explained that the tape was suppose to have come to me, not him. The judge took a break at which point DA Dinis learned I had produced an audio copy of Senator Kennedy's speech.
Dinis said "You are my 9th inning home run." He didn't think he'd have to call me to the
stand but attorney Flanagan objected to the tape being presented as evidence so I had to take the witness stand!
Under cross examination I testified thatI had not edited the tape in any way but could
not attest for any editing by WBZ. At that point attorney Flanagan moved that the tape be inadmissible because of potential editing.
To my surprise Judge Brominski told attorney Flanagen "If you can prove it's been
edited I throw it out." Otherwise it goes. I was then asked to play the tape for
the courtroom with a reel to reel tape recorder. I just stood there playing the
recording and, afterwards, was excused.
From the moment I was called to the bench and then testified, I was pretty darned
scared. I was even being sketched by artists who were covering the hearing.
In the end, barring any direct evidence of criminal wrong doing, the judge honored
the objections of the parents and ruled against exhumation.

LuLac: As we reflect on the 50th anniversary of Chappaquiddick, did you ever in your wildest imagination think you’d be a part of history this way?

DeCosmo: No! I had no idea I'd actually become a small part of an historic news event like this!

LuLac: When the accident happened, when you heard where Mary Jo was from, did you think the local connection as they call it would affect interest here?

DeCosmo I believe everyone knew the story would draw intense local interest because of the prominent Kennedy name and the involvement of a local young lady.

LuLac: You covered the legal proceedings from step one. As a veteran reporter you had relationships with local attorneys and Judges. Looking at this in a 50 year old rear view mirror, did you get any indication as to what they felt?

DeCosmo: The attorneys involved, from both sides, were passionate in their presentations. DA Dinis felt it was critical to get more information about the incident where ever that information lead, Attorney Flannagan and his team held the position that Dinis should have acted while Mary Jo's body was still in his jurisdiction. They had a duty to represent the family's wishes. Judge Brominski did not give any indication of having any "feeling" about the case other than to conduct it according to the letter of the law.

LuLac: Why was a Coroner’s inquest conducted here, was it because the body was here? And how did that happen if the case seemed to be adjudicated in Massachusetts?

DeCosmo: It was not a Coroner’s Inquest but, rather, a hearing a petition to exhume Mary Jo's body so an autopsy could be conducted. Since her body was buried here the hearing had to take place in Luzerne County.
There was an inquest, conducted secretly, in Edgartown in January o 1970. The results were released 4 months later basically concluding that Senator Kennedy operated his vehicle negligently.)

LuLac: So recount for us the entire case as it happened in Luzerne County as you reported it?

DeCosmo: I believe I recounted the hearing in my narrative as much as possible.

LuLac: Indeed you did! What was your impression of the national media and how did they treat you?

DeCosmo: I really had little interaction with the national and international news media covering the hearing or even with other local media. I think everyone when their own way as quickly as possible as the case progressed. I still wonder who sketched me while I was on the witness stand and i those sketches still exist somewhere!

LuLac: If this had happened today, given the political climate as well as the 24 hour news cycle, social media, partisanship, what would it be like?

DeCosmo: If this had happened today there would be news chaos!! So much happened before anyone knew it. Quick actions in Massachusetts with no "big news outlets" following the story or attempting investigative reporting. Even with a Moon landing this would likely have been front page top. If you ever get a chance check out the Kennedy accident reference in the book "The Jaws Log" which documents the filming of the movie Jaws. The accident came up in conversation between movie producers and a local police official who reveled that the only paperwork relating top the accident in Edgartown is a radio log entry about "An accident near the bridge." All other paperwork and notes is missing!)

LuLac: Is there anything that you personally would want to change in the way you did things?

DeCosmo: I can't say I would have done anything differently. Things happened quickly and I didn't have time to seek advice. As News Director the buck stopped with me and I believed that a public statement, already aired nationally, was public domain and should be available to anyone.