Michael Skakel
Michael Skakel (Jason Rearick)

A lawyer for Michael Skakel is seeking to keep the government from using audio tapes made by the Kennedy cousin for a memoir as evidence in his upcoming murder retrial.

Skakel, the nephew of Robert F. Kennedy’s widow, Ethel, was freed from prison last year after a judge ruled his trial attorney failed to adequately represent him in 2002 when he was convicted of fatally bludgeoning Martha Moxley in Greenwich when they were both 15.

The Greenwich Time newspaper reports Skakel’s new attorney on Tuesday sought to suppress the evidence seized from ghostwriter Richard Hoffman and rhave it returned it to Skakel. Attorney Stephen Seeger says an investigator misled Hoffman to get the tapes, on which Skakel says he masturbated in a tree outside Moxley’s window the night she was killed.

According to the motions, state investigator Frank Garr “essentially duped” Hoffman in 1999 to obtain tapes, photographs and documents by convincing him he possessed a warrant for their collection. The writer “had no choice but to provide the private and confidential materials to Garr,” the motions state.

The motions claim Garr used unlawfully obtained materials in his 2013 book “Conviction: Solving the Moxley Murder” in violations of Skakel’s civil rights. “The lead inspector in a criminal case has to play by the rules, not use imaginary warrants to seize personal effects, some of which make their way into the inspector’s book,” Seeger told the Greenwich Time. “That simply undermines the process and brings the system of justice into ill repute.”