The Torch Magazine,
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International Association of Torch Clubs
For 91 Years
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ISSN Print 0040-9440
ISSN Online 2330-9261
Spring
2017
Volume 90, Issue 3
What
Actually Happened on
Chappaquiddick
by
Donald Frederick Nelson
On the
first evening of the annual
Edgartown Yacht Club Regatta, July
18, 1969, Sen. Ted Kennedy threw a
party for some friends in a secluded
cottage on Chappaquiddick Island, a
part of Edgartown that is on
Martha's Vineyard. The partygoers
included six young unmarried women
who had worked in Bobby Kennedy's
presidential campaign "Boiler Room,"
Kennedy's close cousin Joe Gargan,
three political associates of
Kennedy, his chauffeur, and Kennedy.
Late that night Kennedy left the
party. It became known the next day
that he had driven off Dike Bridge
into the salt-water Pocha Pond and
that Mary Jo Kopechne had drowned in
his car. Mary Jo was one of the
"boiler-room girls" and, according
to Kennedy, was his front-seat
companion.
This became the most famous
automobile accident of the twentieth
century for three reasons. First,
Ted was a nationally prominent
senator and then the standard bearer
of the famous Kennedy family.
Second, the ramifications of the
incident prevented Kennedy from ever
becoming the Democratic nominee for
president. Third, Kennedy's
explanation of the events of that
night was widely regarded as a
successful cover-up.
After the inquest was over and its
record made public, the New York
Times editorialized that the
case was closed legally, but not
resolved. That lack of resolution
has persisted to this day. I have
written a book, Chappaquiddick
Tragedy: Kennedy's Second
Passenger Revealed, whose goal
is to bring factual resolution to
all aspects of this famous incident.
I am neither trying to vilify anyone
nor rehabilitate anyone, just
present what actually happened.
The strangeness of the case was
immediately apparent. Kennedy did
not report the accident to the
police until the middle of the next
morning. Then, in a police
report, he claimed to have dived
repeatedly to save Mary Jo, but
after failing to do so, to have
simply walked back to the party and
asked Joe Gargan and one-time U.S.
Attorney of Massachusetts Paul
Markham to take him to the ferry
landing so he could get to
Edgartown. The On Time ferry
had ceased operations for the night,
but somehow he made it to his room
at the Shiretown Inn in Edgartown by
2:25 that morning and made sure he
was noticed there. Why had he not
hammered on the doors of the two
nearby cottages, which had lights
burning, to get help? Why had he not
called the police immediately rather
than waiting ten hours? Why had he
fled to Edgartown?
Kennedy's police report the next
morning said he was driving to the
ferry to take Mary Jo to her motel.
They left about 11:15 p.m., before
the ferry stopped running. He said
he made a wrong turn onto Dike Road.
People familiar with the area,
however, doubted that anyone could
mistake the abrupt right turn onto a
gravel road leading to the bridge
for the paved curve toward the
ferry. Further, Deputy Sherriff Huck
Look saw the Kennedy car turn onto
Dike Road not at 11:15, but at 12:45
a.m., well after the ferry ceased
normal operations, with a man
driving and a woman in the front
seat. Additionally, Mary Jo had not
taken her purse containing the key
to her motel room. Mary Jo had not
said a word about leaving to her
roommate, and Kennedy had not said
"Good night" to his other ten
guests.
From day one, appearances indicated
a cover-up. But what was being
covered up? Imagination ran
wild. But Kennedy was stuck with
this story and maintained it
throughout the investigation.
So what did really happen? Kennedy,
driving at almost 40 mph, failed to
make the slight left turn onto Dike
Bridge and flew off the right side.
As the right front wheel dropped off
the bridge first, the car rotated in
air, landing flush on the passenger
side of the car, imploding tempered
glass shards from the windows and
denting the entire side of the
car. The car bounced off the
water like a skipping stone,
continued to rotate, landed on its
roof, indenting it, and sank upside
down. The front passenger seat
occupant would have had to receive
cuts and scratches, called dicing,
from the imploding window. The
decelerating motion of the car, its
flooding, and its sinking would all
make it virtually impossible for a
front seat passenger to end up in
the rear seat. But Mary Jo's body
was found in the rear seat, with no
dicing or any other blemishes. She
simply could not have been the
front-seat passenger observed by
Deputy Look.
Then who was the front-seat
passenger? The first clue was a
women's handbag found in the
front-seat compartment of the
sunken, overturned car. It belonged
to Rosemary Keough, another of the
boiler room girls. She later
explained that she had left her
purse in the car earlier that
evening when in the car on an
errand. Throughout the investigation
and inquest, that account of the
handbag was never challenged or even
analyzed, even though a neighbor,
Dodie Silva, offered observations to
a reporter that challenge whether
Keough was even in the car on that
particular errand. Silva was never
called to testify at the inquest.
But if the handbag had been left
there earlier, any of the other
young women—except, obviously,
Keough herself—would, on getting
into the car with Kennedy,
presumably have recognized the bag
and returned it to Rosemary Keough
before leaving on the fateful ride.
The presence of the handbag suggests
that Keough, not Mary Jo Kopechne,
was the front-seat companion of
Kennedy, and the second passenger in
the car.
So how did Mary Jo get in the back
seat?
There had been a lot of drinking at
the cookout at the cottage. The
neighboring Silvas, over a hundred
yards away, reported that the level
of noise and singing at the party
kept them awake past two in the
morning. Indicative of the fuzzy,
relaxed, inebriated state of the
partygoers was that ten of them had
motel rooms back in Edgartown, and
they all knew that the ferry stopped
running around midnight (although it
could be called after hours for a
premium), but none of them except
Kennedy ever got there. None of
those ten had planned on staying in
the small cramped cottage. The
number of empty liquor bottles
testified to at the inquest can be
used to calculate that there were
ten ounces of liquor consumed at the
party per person. That's a lot. Mary
Jo's body had an alcohol content
indicating she had had three drinks
in the last hour of her life or many
more over the four hours of
partying. For a 5' 2", 110-pound
woman, that is a lot, and a lot more
than Mary Jo usually drank. She,
realizing she had imbibed too much,
apparently slipped out of the party
unobtrusively and lay down in
Kennedy's commodious Olds 88 rear
seat. Later Kennedy and Keough, also
having had several drinks, got into
the car at a moonless time of night.
They did not notice Mary Jo passed
out on the darkened rear seat.
This makes understandable both the
accident and the later lying about
it. Kennedy and Keough both escaped
from the car, which was sunk in only
six feet of water. From their point
of view, it would have been a
one-car, unobserved,
no-significant-injuries accident.
There would have been no demanding
reason to report the accident that
night. The car would not be
retrieved until morning, and Kennedy
would have wanted to avoid a
sobriety test. So naturally they did
not knock on the doors of
neighboring houses. They had no
knowledge of Mary Jo still in the
car. Kennedy, of course, would not
have wanted his apparently amorous
adventure known. From the long,
close relationship of Kennedy with
his cousin Gargan, it is easy to
conclude that Kennedy would have
asked Gargan to take the blame for
the accident as a lone driver.
This has been reported twice in
print from "reliable sources." (1)
Kennedy, to avoid all connection to
the accident, then would have
hurriedly gotten to Edgartown to
establish an alibi there.
Kennedy was relaxed and amiable the
following morning as he talked with
friends on the deck outside his
room. Then Gargan and Markham
suddenly appeared, "sopping wet" (The
Inquest 39; see also
Investigative Reports),
apparently from having examined the
wreck and seen Mary Jo's body.
Kennedy, after being told this in
private, emerged from his room a
changed man, now grim, anxious, and
troubled. Gargan would not take the
fall now. Kennedy would have to. He
now needed a new story, but his
first attempted avoidance of all
responsibility made it difficult.
His first planned alibi having been
undone by this new development, he
was forced to resort to the simply
unbelievable story of his police
report.
My book goes into much more
detail than I have space for here
about the inquest held in early
1970, but I do want to describe a
piece of clinching information that
I discovered in the inquest
testimony, information the import of
which neither the district attorney,
nor Judge Boyle, nor subsequent
investigators or authors looking
into the Chappaquiddick accident
seem to have ever grasped.
Both Keough and another party guest,
Charles Tretter, testified they
spent the crucial time around the
accident on a long walk (The
Inquest 21-28). Tretter
described the walk as beginning when
Kennedy's car was gone, but a second
car, a white Valiant, was parked by
the cottage. He said his walk was
confined to Chappaquiddick Road
between the cottage and the
intersection with Dike Road. He
noted that the Valiant passed during
the walk. Other testimony indicates
that Gargan and Markham were in the
Valiant taking Kennedy to the ferry
slip. Thus Kennedy had returned to
the cottage during Tretter's walk.
Since Kennedy would have had to
return to the cottage along the same
section of Chappaquiddick Road on
which Tretter was walking, one can
deduce that Tretter had to encounter
Kennedy along that road.
But Tretter's testimony suggests
strongly that he began the walk not
accompanied, but alone. Four times
in his testimony, he describes
beginning the walk in first-person
singular: "I left the cottage…"; "I
left 11:30 or…"; "I walked out of
the cottage…"; "I went out for a
walk…." But in describing the
first incident that occurred after
he would have encountered
Kennedy―the passing of the
Valiant―he uses "we" in describing
the incident, and he uniformly uses
"we" in describing the further
progress of the walk. Thus, the
testimony indicates the walk with
Keough began only when Tretter
encountered her and Kennedy. This
again points to Rosemary Keough
being Kennedy's surviving front-seat
companion, the second passenger in
Kennedy's car. This lucky
happenstance of meeting up with
Keough allowed her to go unnoticed
when Kennedy returned to the
cottage, thus discouraging
consideration of the possibility of
a second passenger in the car in
previous analyses.
Keough, herself, seemed in the early
years to speak of the accident in a
way that supports the account
presented here. On both the first
and fifth anniversaries of the
accident, she said "My friend Mary
Jo just happened to be in the wrong
car at the wrong time with the wrong
people" (Damore 407; Boston
Globe, October 30, 1974), a
turn of phrase that suggests Mary Jo
was in the car with more than just
one other person and that Mary Jo
was there by happenstance, not
intention.
There is an even more troublesome
reason to be skeptical of some
aspects of the inquest: the improper
pressures secretly brought to bear
on Judge James Boyle. John Farrar,
water rescue expert of the Edgartown
Fire Department at the time of the
accident, was later told in
confidence by Dorothy Commins, who
was Boyle's secretary throughout the
Chappaquiddick investigation and
inquest, that, as best he remembers
her words, "You can't imagine the
intensity of communications and
directions coming down from Boston
to Judge Boyle to control the whole
procedure" (Farrar). (2)
Whether those communications
originated from judicial or
political sources was left unsaid,
but either would have been at least
improper. Perhaps the most revealing
word Commins used was "intensity,"
for it implies repeated calls, which
would occur only if "Boston" were
receiving new information regularly
about the inquest progress and
testimony. Since the inquest was
closed-door, some participant must
have been keeping the powers in
"Boston" informed.
It is a disturbing revelation. It
goes a long way towards accounting
for a number of indications of Boyle
controlling the inquest in Kennedy's
favor. But in the end, in a show of
courage, he reported that he did not
believe Kennedy's story and found
him negligent in Mary Jo's death. In
his initial remarks at the inquest,
he had said such a finding would
require him to issue an indictment,
which under Massachusetts law would
have been for involuntary
manslaughter. But then, apparently
having been intimidated, he did not
take that step. He resigned his
judgeship on the day the inquest
report was made public. His son has
said that he never mentioned the
inquest the rest of his life,
probably out of embarrassment.
Should Kennedy have been tried for
involuntary manslaughter? Based on
the inquest findings of Judge Boyle
concerning his false story, "yes"
would seem to be the demanded
answer. But in reality Kennedy
didn't know Mary Jo was in the car,
a strongly exculpating circumstance.
So in the conclusion of the book, I
write, "Odd as it may seem, all of
the mind-numbing ineptness of the
police investigation and all of the
politically driven laxness of the
prosecution and all of the judicial
favoritism ended, in this author's
opinion, with a proper level of
punishment for Ted Kennedy! His sin
was repeatedly lying, not callously
abandoning a friend to drown."
Notes
(1) See the story by
Jack Anderson in the New Bedford
Standard-Times of August 8, 1969,
and that in the Boston Globe of
October 29, 1974.
(2) Some time
after the inquest, Commins worked
for Farrar at the Turf 'N Tackle
Shop. Farrar, in relating the
substance of his conversations with
Commins to the author, said he felt
free to convey this information
offered in confidence now that
Commins was deceased.
Anderson,
Jack. New Bedford Standard-Times,
Aug. 8, 1969.
Boston Globe,
Oct. 29 and 30, 1974.
Damore, Leo. Senatorial
Privilege: The Chappaquiddick
Cover-up. Chicago: Regnery,
1988.
Farrar, John.
Personal interview. Sept. 5, 2012.
The Inquest
into the Death of Mary Jo Kopechne
by the Commonwealth of
Massachusetts, Edgartown District
Court. N.p.: EVR Productions, 1970.
Investigative
Reports: Chappaquiddick. DVD.
A & E Network, Outmoor
Productions, 2008.
Nelson, Donald
Frederick. Chappaquiddick Tragedy:
Kennedy's Second Passenger Revealed.
Gretna, LA: Pelican Publishing, 2016.
Author's Biography
Donald F. Nelson received a Ph.D. in
physics from the University of
Michigan in 1959. He spent 27 years
in basic research at Bell Labs with
teaching interludes at the
University of Michigan, University
of Southern California, and
Princeton University.
Nelson's research was split evenly
between experiment and theory. When
the AT&T divestiture led to
research restrictions, he retired
and became a professor of physics at
Worcester Polytechnic Institute,
retiring again in 2000.
Nelson has been a member of the
Worcester Torch Club for 25 years
and has given nine lectures; "What
Actually Happened on Chappaquiddick"
is the fifth to be published in The
Torch. Comments and questions are
welcome: dfnelson@charter.net.
This paper was presented to the
Worcester Torch Club on April 14,
2016.
©2017 by the International
Association of Torch Clubs
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