DECEMBER 12, 2008 9:28PM

My Kennedy mystery

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Like most people, I sometimes wonder about the assassination of John F. Kennedy. I wonder if it was the mob, Castro, the CIA, the KGB, or Lee Harvey Oswald. But while I've wondered about it, this is not the Kennedy mystery that really exercises my mind. The one I really puzzle over is: how on earth can so many people look upon Ted Kennedy with respect and admiration? It has come up a few times lately, as "Uncle Ted" has been in the news for his ill health, or his support for Obama, or his status as a kind of surrogate for the sadly missed JFK.

I ask my question without reference to his political achievements. I am prepared to accept that they are many and good. I accept, too, that he has faced recent bouts of ill-health with a measure of courage and dignity, and overcome that illness to meet important political obligations - to play the role of Democratic "elder" that most people seem happy to cast him in nowadays.

That is all well and good, and these things are to his credit. And I am certainly not one for regarding private failings, such as marital infidelity, as disqualifications from important jobs as long as a candidate will do the job well - although the lying does give me a bit of pause.

Much more than lying, though, homicide concerns me. Of course, I am talking about Chappaquiddick. Yes, I know it was some 40 years ago now, but some things remain unforgivable after any number of decades. Now, I don't know exactly what happened at Chappaquiddick in July 1969, and nobody else does either. But there are a few "either-ors" that I think we can safely arrive at, and on any possible view of the events, Kennedy should have (a) gone to jail, and (b) been finished, politically, forever.

What we know is that late at night on July 18, 1969, after a wrong turn on the way home from a party, Kennedy's car plunged into a body of water called Poucha Pond. He swam to safety, but his passenger, Mary Jo Kepechne, died inside the overturned, submerged car. We know she didn't die immediately, because she scratched at the upholstery on the floor of the car.

Either Kennedy was under the influence of alcohol while driving, or he just drove carelessly or incompetently, or it was just an accident that no driver could have avoided. An enquiry soon after concluded that "Kennedy operated his motor vehicle negligently" - but even if we allow that the accident was a genuine and blameless one, untainted by alcohol or recklessness, what happened after still stinks to heaven.

This is because Kennedy did not summon help quickly, and did not alert the authorities - in essence, he took no responsibility, even though he was the indvidual responsible for what happened. After the accident had occurred, he passed other homes on his way back to the party without seeking aid, and then got only the help of two other guests, who travelled with him to the scene and attempted to dive in and rescue Kopechne several times. Then Kennedy went back to his hotel and slept relatively soundly until morning, when he could be found chatting casually with others. Police and a professional diver were summoned only after some amateur fishermen spotted the car underwater - the diver in question expressed a belief (though one which cannot really be tested), that the position of Kepechne's body within the car suggested that she had found an air pocket in a footwell of the car, and that she might well have been rescued alive had he been called to the scene as soon as the accident had occurred.

Inquiries were influenced, and "justice" ultimately took the form of a two-month, suspended sentence, on a charge of leaving the scene of an accident after causing injury. Prosecutors agreed that his sentence should be suspended, and the Judge stated that Kennedy had "already been, and will continue to be punished far beyond anything this court can impose." With all due respect to His Honor, I humbly suggest that, while missing out on a Presidential nomination is a bit of a loss, a lifetime in the Senate is by no means worse than any punishment a court could have doled out.

For me, there is too much in the Chappaquiddick story that is reprehensible. I find myself unable to understand the respect that Ted Kennedy is accorded by so many. Even on the most generous interpretation of the events of that night, he did far less than any decent person ought to have done to save Mary Jo Kepechne. If the story were told, with names altered, in a contemporary setting, I cannot imagine any listener not being revolted by the "protagonist"'s conduct. And yet, Ted Kennedy is in more than merely good standing with his party and the electorate. Politicians like Joe Lieberman are vilified - not without any reason, but surely for far lesser failings than Kennedy's. When Ted Kennedy spoke at the Democratic convention back in August, to widespread acclaim, all I could think was, "yeah, but he killed that girl at Chappaquiddick." I know it was a long time ago, and I guess some people would say that the message matters more than the messenger, or that Ted Kennedy has done his penance, that he is a different man today, and all the rest. For me, those defences would probably be convincing if nobody had died. Yes, he may be a good Senator. I don't know. But it strikes me as rotten to the core for a man to avoid justice merely because he was born into a wealthy and powerful family... and without being despised by all who lay their eyes upon him. I guess I might be involved in an accident where someone dies, and be confused, overwrought, or traumatised, and behave in a way that I feel ashamed of. I would hope to be forgiven if I did so, but I certainly wouldn't expect to have a political career afterwards.

This is my Kennedy mystery.  It puzzles me a lot more than any of those more glamorous ones!

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The answer to your question is found in what turns out to be a throw-away line in your blog:

"I ask my question without reference to his political achievements. "

A greater mystery to me would be how any intelligent person could discount Kennedy's political achievements when asking how anyone can respect him.

As you acknowledge, we do not know what happened at Chappaquiddick and immediately after the accident (incident, if you prefer) --and if you choose to put the most negative face on things for whatever reason...that is your right.

But to question how anyone else could respect the man...a man, as far as I am concerned very worthy of respect...just because you have arbitrarily decided to put the worst light on the incident is ludicrous.

I respect him. He certainly fucked up royally in that incident...and it appears he has not lived an exemplar life. But that is not what I ask of the people who ask us to vote for them so they can lead us.

I ask that they lead!

And lead, Ted Kennedy has! In spades.

Hope that helps you with your mystery.
Thanks for the comment. I feel that I haven't "arbitrarily decided to put the worst light on the incident" though. My trouble is that even with the best light I can think of on it, it still seems like something that should have merited a measure of justice far (very far) more severe than any he suffered. For me the spectre of justice thwarted - and seemingly thwarted through political influence - doesn't seem like it can be erased... or if it could be erased, then it ought to involve far more than carrying on as if it had never happened .

I do sincerely appreciate your response, but I still don't get it.

I guess one way of looking at it is, where do you draw the line? At what point does undoubtedly criminal behaviour outside the job become a disqualification for the job, when the job is being a Senator? To me Chappaquiddick, in the best light possible, seems approximately similar to running someone over with your car and then fleeing the scene without calling the police. I just wouldn't have thought that a political career ought to be possible after an act like that.
Jason, I admire the clarity of what you write here..especially putting it here at OS.

There is simply no defense for what Ted kennedy did and almost any other politician would have been destroyed in the same situation. The only logical explanation is that people who agree with his politics believe that those politics are more important than people's lives.
I think it is important in seeking to unravel this mystery not to underestimate the power of celebrity. While I'm sure McGarret is right in part, I am equally certain that other political figures with substantially the same political views as Mr. Kennedy would neither have survived this crime of negligence politically nor been treated to such a laughably light sentence for their malfeasance. Chris Dodd for example could not have gotten off scot free (more or less) for the same delinquency. The power of Camelot to confound good sense and judgement cannot be underestimated. It lingers even today in the calls for the inexperienced and unqualified Caroline to become the appointed senator from New York.

Remember the actual accomplishments of Ted Kennedy at the time of Mary Joe Kopechne's death were not really all that impressive. His skill and influence as a senator revealed itself afterwards and so could not have factored into the remarkably and I would say irresponsibly lenient view of his actions that the authorities and much of the public formed at that time.
Good post, and it does raise some interesting questions. I wonder too -- totally agree with your last sentence!
Libertarius makes a good point. Celebrity had a lot to do with it. Chris Dodd would probably not survive politically if in similar circumstances. So, it is probably a combination of being both a celebrity and more liberal politically.

Testing this theory, it would be easy to agree that if Jeb Bush did the same thing, he would get destroyed. Same with Sarah Palin. Coming a bit to the center, John McCain might squeak by with the media but probably not. More to the center, Rudy Giuliani would get destroyed. Arnold Schwarzenegger? He might could survive because he is somewhat liberal and is from California. But, had this happened to Reagan as Governor, he would have been destroyed.
Jason wasn't talking about what anyone felt about Ted Kennedy back then. Jason is asking how people can admire him NOW.

Now...after a legislative career that has seen some incredible achievements...and a career that focused on being a champion of the small person in our society...the man deserves respect.

I respect him...and I respect him a lot.

Anyone can find a reason to dislike, disrespect...even hate almost anyone else.

I suspect the correct answer to Jason's confusion is:

You cannot simply put aside the man's political achievements when considering whether or not to give him respect.

If you disqualify everyone who has a sordid past from your list of people to whom you give respect...you are going to have a very short list, indeed.

If Ted Kennedy did get away with something back then...he most assuredly is not the only son of a wealthy family to do so. Happens all the time.

In my opinion, even if the deed was dastardly (something we really do not know)...he rehabilitated himself and served his country and its people with distinction.

I respect him.

I understand and respect people who cannot agree with me on this.
Yes, I didn't get that memo, either. Maybe I am too old or whatever, but when it was all in the papers years ago, it was quite the scandal. Imagine driving drunk with a woman in the back of your car, plunging off of a bridge, swimming to safety and going home. Wait, what was I thinking? I guess that wasn't as cowardly or lacking in integrity as I once thought. Yes, 40 years or so makes it a lot less heinous.

These days, much attention is on career achievement and some think that character doesn't much matter. I'm wondering if character is important with the politicians or cultural icons they happen to disrespect. Oh. That's different.

Perception is everything.
SOCIETY'S ATTITUDE TOWARD
DRUNKS EXPLAINS "MYSTERY"

Jason:

An aphorism that I think is important is "the ends don't justify the means."

I do think that Ted Kennedy deserves to be ranked as one of the USA's all-time greatest senators. However, he should have NEVER been given that opportunity.

The means that were used to let Kennedy off the hook were arranged because of what were perceived to be the ends -- keeping the last of the Kennedy brothers in office and hoping he would beat Nixon for the presidency. It turned out that the ends were having a very accomplished senator -- the best ever from the standpoint of many liberals.

In retrospect, I think we can view Kennedy as a multifacted person -- someone we can respect and admire for his achievements, but view with contempt because of his corrupt behavior. The 1969 Kennedy should have been viewed way more negatively.

For what it's worth -- and I might be totally off on this thought -- I think people have more respect for life lost in certain kinds of incidents today than they did in 1969. I say this because of my very, very clear recollection about how drunk drivers were viewed before groups like MADD sprung up in the 1980s.

In 1981, my next-door neighbor in my college dorm was killed in an auto accident. The driver of the car, who lived across the hall from me, was charged with manslaughter by the state of New Jersey.

I would estimate that 95 percent of the campus was outraged -- outraged at NEW JERSEY. The overwhelming feeling was that the driver was drunk and, thus, he was NOT accountable for his actions. The consensus was that he was punished enough -- and there should be NO charges at all.

The driver and passenger were both football players and were disliked by most. I was friendly with both and found myself ALONE in arguing that New Jersey was right.

My point is that I believe that a very, very large part of American society was not outraged by Kennedy's behavior because he was viewed as someone who acted negligently because he was drunk -- and, thus, not accountable for his actions.

Today, I think, he would be prosecuted for a much more serious crime.

Shalom,
ZWrite
And Lee Harvey Oswald did it. He was a weird guy who had meetings with all sorts of nefarious people, including pro- and anti-Castro zealots. These meetings led to all sorts of suspicions that he had help, but I think he was too unstable for even nuts to work with him.

Shalom,
ZWrite
You're easily mystified, Jason.

It's simple, really. As some here have pointed out, drunk driving accidents involving fatalities were not punished then they way they are now. And yes, Kennedy did get off lightly even by yesterday's standards for an ordinary person. But he wasn't an ordinary person. The rich and famous still get preferential treatment. Take a look at Bernie Madoff, for example.

Cheers,

David
Clarification to my first post -- the specific charge against the drunk driver included the word "involuntary." I think it was involuntary manslaughter, but my mind is clouded because I don't drink.

Shalom,
ZWrite
Thanks for the comments guys. I do find it very plausible that people used to be more willing to accept inebriation as an excuse for an accident, whereas today we tend to hold the drunk responsible for their actions, since we feel they chose to get drunk in the first place.

However, this doesn't help me with my problem of being easily mystified! My problem is that even if it was an honest-to-god, nobody-was-to-blame accident that even a stone-cold-sober professional race-car driver couldn't have avoided, Kennedy's conduct afterwards was reprehensible and inexcusable.

I remain, therefore, as puzzled as ever.
Clear thinking as always, Jason. Rated.

Your post made it crystal clear that you were making your points taking the situation in its best light, not any bad one. In a tight situation, Kennedy fell back on his political power and celebrity for support. That's deplorable and indicative of fatal flaws of character which don't leave later with one's hair.

As for this concept of rehabilitation/redemption, I don't recall any explanation on the part of Kennedy as to why he acted so irresponsibly after the fact. Oh sure, while the dough was being doled out, there were some Simpson-like "sorries," but they weren't directed to the real malfeasance which troubles you and me to this day.

However in the silver lining department, we can console ourselves with the fact that the incident at least kept the bounder out of the White House. Also, who knows whether without Chappaquiddick there would ever be a Michael Phelps.
BUT TEDDY WAS STILL DRUNK AFTER THE ACCIDENT

"Jason: "However, this doesn't help me with my problem of being easily mystified! My problem is that even if it was an honest-to-god, nobody-was-to-blame accident that even a stone-cold-sober professional race-car driver couldn't have avoided, Kennedy's conduct afterwards was reprehensible and inexcusable.

I remain, therefore, as puzzled as ever."

Jason:

Factually, you are 100 percent correct.

However, I think the American public has boiled down Chappaquidick to a drunk driving accident, a woman being killed in that accident, and drunken behavior after the accident.

Most of the behavior you describe in your column probably occurred while Kennedy was still drunk. You are 100 percent correct in ripping Kennedy for his behavior several hours later because it is irresponsible beyond belief, but most people just don't know the details of that behavior.

I'm a news junkie and I didn't know the details of that behavior.

If Americans were more focused on the cover-up they would be harsher on Kennedy. But, they're not.

It appears, though, that your column might do some good. I see that a writer named Sally Swift has said that she was inspired by your column to write about what her friend told her is the real story of Chappaquidick.

Perhaps, Ms. Swift's column will be noticed by someone who will seek to take legal action against Ms. Swift's friend and others who were complicit in the cover-up.

Shalom,
ZWrite
I think the reason Americans love the Kennedy Family is because they were the first political family that we grew up watching on TV. As with all TV most is illusion not reality. Before the days of 24/7 news coverage, most coverage was heavily edited and it was considered bad form to bash the president or project negative information. Most coverage was more image than substance and for that reason the image is what people see not the actual person.
At a Haloween party in October 1969, a fellow guest told me that he had learned from Kenny O'Donnell, JFK's assistant, that Teddy and another woman, headed east in his Olds, when, spotting a cop, he got out and the other woman drove the car into the water off the dike bridge. Teddy and the woman were taken to Edgartown, the woman left the island early in the morning.
Mary Jo was in the car, unbeknownst to Teddy and date, and she suffocated.
Teddy learned about the death midmorning. Then, in Hyannisport, "Bobby's guys" fabricated Teddy diving to help Mary Jo story. O'Donnell, unhappy about not telling the true story, in a drunken state, told the story above to my party friend.
Bob in RI