why isn t that in favor of the appellate court in connecticut saying no, you don t get another trial. retrying it is a huge prejudice, we re not going to allow it. it is possible that the connecticut supreme court will reinstate the conviction but this is a very detailed decision. i have to say, the judge obviously put a tremendous amount of energy into it. under the subtext of this opinion is not about infectiveness of counsel. he thinks that michael skakel is innocent. if the judges up the chain believe that, i think it will stand. vito colucci, you worked this case, know it top to bottom. do you believe that there is a solid basis of argument to say that michael skakel did not commit this crime? not just that it was about mickey sherman, his lawyer, he didn t do it. do you believe that? i believe it with all my heart, chris. in a cop s life, private
lawyer, mr. sherman, should have argued this for reasonable doubt, not that he says tommy did it. he says this was your job to say this isn t beyond a reasonable doubt because it just as easily could have been someone else. it s different than saying the judge thinks tommy did it. that s true although the way he marshalls the evidence against thomas skakel was certainly very unusual in my experience of reading opinions. and, look, thomas skakel has never been charged with anything. we certainly shouldn t point finger at him. but here we have this almost 40-year-old mystery. yes. and you know, it still gets more and more complicated. the victim s family deserves answers. they think they have them. we ll leave it on this. if it s going to be hard to retry a michael skakel, it would be almost impossible to try anybody else. i don t think there will be another trial in this case. jeffrey toobin, mr. colucci, thank you. kate, over to you. coming up next on new day,
0 neighbor more than 40 years ago. will he walk free? your new day starts right now. announcer: this is new day with chris cuomo, kate bolduan and michaela pereira. good morning. welcome to new day, it s thursday, october 24th, 6:00 in the east. a lot going on this morning, including the mystery in massachusetts. why did a 14-year-old student kill a popular young teacher? we have new video this morning of that teacher and new information on the investigation. the entire city of boston rocked by the turn of events here, even a moment of silence at last night s world series game. plus, a powerful interview in our next hour, the story of matthew cordle in an online video confession he admitted to killing a man while driving drunk. in a jailhouse interview, cordle is talking to us on the first day of his 6 1/2-year sentence. does he regret his confession? does he feel his sentence is fair? all of that coming up. we have to show you this picture. it is not photo shop. it is
breaking news. tonight, live, florida. a beautiful little second-grader looks like an angel, walks the ten-minute walk home from school with her sister and her twin brother, all their little friends. she gets separated momentarily, broad daylight. 7-year-old summer thompson never seen again. 4:00, only an hour later, mom rushes home, flags down police. no good. now we learn of a kidnap attempt on a little 5-year-old girl also in broad daylight just one week before. are they connected? it s only been 24 hours. she could still be alive. but where? a massive search right now is under way for this little girl. she is from north florida. she is 7-year-old sommer thompson. and officials are asking everyone to be on the lookout. the second-grader vanished walking home from school. somer s family is tormented. they have no idea where their little girl is. mom is not doing very well. you know, as each hour goes by, she gets less and less hopeful. the clay county sheriff is ask