'Justice wasn't served': Grand jury foreman says he's still frustrated Ted Kennedy was never indicted 50 years after the senator crashed into a Chappaquiddick pond leaving a woman, 28, behind in the car to die

  • Sen. Ted Kennedy's car plunged into Massachusetts pond July 18, 1969, killing Robert F. Kennedy's former campaign team member Mary Jo Kopechne 
  • Sen. Kennedy described his failure to report the accident to police for 10 hours as 'indefensible,' attributing the delay to exhaustion, shock and a concussion 
  • Jury foreman claims they were blocked from reviewing much of the evidence, which meant they did not indict Kennedy for the Chappaquiddick crash
  • He says he is still frustrated by the judge's refusal to subpoena anyone at a party  they'd attended, stymieing efforts to determine whether Kennedy was drinking 
  • Leslie Leland said if they'd 'been allowed to do our job, there would have been an indictment and a request to have a jury trial'  

The foreman in the grand jury that didn't indict US Sen. Edward M. Kennedy after his Oldsmobile sedan veered off a narrow bridge on Chappaquiddick Island on July 18, 1969 says he's still frustrated justice wasn't served for 28-year-old Mary Jo Kopechne who died. 

Kennedy, 37, survived, following the incident where his car plunged off an extension of the resort island of Martha's Vineyard and into a moonlit pond 50 years ago Thursday but the Massachusetts Democrat waited 10 hours to report the accident to police, and the 'whys?' dogged him for the rest of his days.

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Half a century later, what did and didn't happen on Chappaquiddick Island continues to fascinate and Leslie Leland - who was a young pharmacist when he was swept up in the aftermath - continues to be annoyed by the judge's refusal to subpoena anyone who was at the party they had attended that night.

The 79-year-old claims key investigative documents were not shared, stymieing the grand jury's efforts to determine whether Kennedy had been drinking.

'If we'd been allowed to do our job, there would have been an indictment and a request to have a jury trial,' he said. 'Justice wasn't served. There were so many discrepancies, but we weren't allowed to do our jobs to get to the truth - whatever the truth may have been.'  

Sen. Ted Kennedy's car plunged into Massachusetts pond July 18, 1969, killing Robert F. Kennedy's former campaign team member Mary Jo Kopechne. In this July 19, 1969 file photograph, crowds watch as the car is pulled from water at the Dyke Bridge in Edgartown, Mass. It's been 50 years since the fateful automobile accident that killed the woman and thwarted Kennedy's presidential aspirations
Sen. Kennedy described his failure to report the accident to police for 10 hours as 'indefensible,' attributing the delay to exhaustion, shock and a concussion. In this July 22, 1969 file photograph, Kennedy arrives back home in Hyannis after attending the funeral of Mary Jo Kopechne in Pennsylvania. Kopechne drowned when a car driven by Kennedy went off a bridge on Chappaquiddick Island, at the eastern end of Martha's Vineyard

Kennedy was driving after the party when his car flipped into the chilly waters, trapping Kopechne inside. She had been a campaign worker for Kennedy's brother, Robert, who was assassinated the previous year in Los Angeles during California's Democratic presidential primary.

Kennedy, who managed to free himself from the submerged vehicle, said he tried in vain to rescue Kopechne. He later described his failure to report the accident to police for 10 hours as 'indefensible,' attributing the delay to exhaustion, shock and a concussion.

The nation, too, was shocked. But it was also distracted by the historic Apollo 11 moon landing, which eclipsed news coverage. 

Kennedy, who insisted he hadn't been drinking, pleaded guilty to leaving the scene of an accident and received a suspended sentence of two months in jail. He was never indicted.

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'I was young, and I believed in the system,' Leland continued. 'I believed everyone played by the same rules. I learned they don't.'

He recalls getting death threats and 24-hour police protection.

'Every time there's an anniversary, it's like it happened yesterday,' Leslie Leland, who served as foreman of the grand jury that investigated, told The Associated Press in a telephone interview from his home on the Vineyard. 

Leslie H. Leland (pictured March 28, 1970) a druggist and foreman of the Dukes County grand jury, was in charge of the jury conducting an independent probe into the death of Kopechne
Kennedy was driving after the party when his car flipped into the chilly waters, trapping Kopechne inside. He managed to free himself from the submerged vehicle and said he tried in vain to rescue Kopechne
In this July 20, 1969 file photograph, undertakers wheel the body Kopechne to a waiting hearse at the Scranton-Wilkes Barre airport in Scranton, Pennsylvania. Leland claims key investigative documents were not shared, stymieing the grand jury's efforts to determine whether Kennedy had been drinking

For Kopechne's family, bitterness has given way to a desire to honor her memory by telling her story and awarding scholarships in her name to bright young students, said William Nelson, a cousin born three years after she died. Kopechne's father died in 2003; her mother died in 2007.

'We've shifted into trying to have Mary Jo's life mean something,' said Nelson, of Slatington, Pennsylvania. 'She was kind of glossed over as the girl in the car. It was all about Ted Kennedy. She would have gone on to do great things.'

Kopechne's commitment to civil rights drew her to Robert Kennedy's campaign. Relatives believe she would have pursued more activism and perhaps a political career of her own.

'Mary Jo was ahead of her time for women in 1969, so I'm pretty sure she would have pioneered a new path for women in Washington,' Nelson said. 'The true tragedy of that night in Chappaquiddick is she never got that chance.'

And what of Kennedy's own legacy?

Were it not for Chappaquiddick, Kennedy may well have been the Democrat who denied Richard Nixon a second term in 1972. But he didn't dare run then, and a later presidential campaign in 1980 fizzled.

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Leland says he is still frustrated by the judge's refusal to subpoena anyone at a party they'd attended, stymieing efforts to determine whether Kennedy was drinking. The foreman recalls getting death threats and 24-hour police protection

'The phenomenon of the personal becoming political began with Chappaquiddick,' said Patrick Maney, a Kennedy expert and professor of political science at Boston College. 'There was something different in American politics after Chappaquiddick than there was before.'

Even so, Kennedy went on to serve another four decades in the Senate, where he was one of the nation's longest serving and most influential legislators of the 20th century, securing his place in the pantheon of American politics.

In 'True Compass,' a memoir published shortly after his 2009 death, Kennedy called Chappaquiddick 'a horrible tragedy that haunts me every day of my life.'

Not surprisingly, nothing is planned to mark Thursday's anniversary at the Edward M. Kennedy Institute for the United States Senate, erected in his memory in the shadow of the John F. Kennedy Presidential Library & Museum in Boston.

On its website, Chappaquiddick - which inspired a 2018 film of the same name - appears only in a few obscure interviews conducted as part of an oral history project.

Leland said about the incident (pictured July 19, 1969): 'I was young, and I believed in the system. I believed everyone played by the same rules. I learned they don't'
In this July 25, 1969 file image from a television broadcast, U.S. Sen. Edward Kennedy makes a national address concerning the controversy surrounding an accident

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