I don't think it's unfair to make mention of what he did 40 years ago. It was a tragic thing that he was responsible for and no amount of good he did afterward can change the fact that he was responsible for a young woman's death.
That said, I do find Kevy's comment a tad bit in bad taste if only because it paints a rather unflattering picture of the Kopechne family as petty and spiteful. I can't put myself in the shoes of someone who's had to suffer such a tragedy, but I would hope for their sake that they've been able to move over the last 40 years such that they haven't spent it wishing death on someone.
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'He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.'
-TJ
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