The Kickham Comment - Boston Criminal Attorney Blog
Things aren’t getting much better for Neil Entwistle as the trial moves into its seventh day now. Of course, bear in mind that at this procedural point in the trial, it wouldn’t be expected that Entwistle’s world would look too bright, but as I said in my last post on this trial, Entwistle’s lawyers have their work cut out for them.
In just one day today, the jury heard testimony from several different witnesses, which in sum paints a portrait of a man exhibiting consciousness of guilt, and displaying behavior that is consistent with a person running from a criminal act. Among the witnesses today: From a Citizens Bank employee: Testimony of how Neil Entwistle successfully withdrew $400 from one ATM after the murders occurred, then made several other attempts to obtain more cash withdrawals, only to be denied. From British Airways representatives: Testimony of Entwistle’s purchase of one-way tickets to England, with no luggage in tow. From Rachel Entwistle’s friend Joanna Gately: Testimony that it was her opinion that it was Neil who wanted to purchase a BMW SUV, and not Rachel (Neil and Rachel had asked Rachel’s mother Priscilla and stepfather Joe Matterazzo to co-sign a loan for them to buy a BMW SUV; Priscilla and Joe had declined the request.). Joanna Gately also testified today of how Rachel failed to meet Gately and her sister at Rachel’s house in Hopkinton the day after the murder on Jan. 21 2006, and of how Gately had made the first call to the Hopkinton Police Department for a wellness check, and how she and her sister Maureen slept in their car overnight in the Entwistle’s driveway, waiting for Rachel to return, after the Hopkinton Police made that first check and found nothing unusual inside the home. Gately also testified to how, the next day, a neighbor opened the Entwistle’s garage door with the key code, and Joanna Gately walked through the house herself, actually walking by the bed that Rachel and Lillian’s bodies were later found in, underneath a comforter, unaware of what the prosecution claims lay under the covers of that bed.
Given that the whereabouts of Rachel’s stepfather, Joe Matterazzo, on the day of the murder, have been accounted for and corroborated by several witnesses, exactly who else does Weinstein plan to allege committed these murders? (The only other person who had access to this gun was Joe Matterazzo, who owned it and stored it at his Carver home under lock and key.) As I said, unless Weinstein had some kind of unexploded evidentiary bombshell in his files, I don’t relish his job here. If he advances some kind of theory that Rachel killed her baby and then committed suicide, I think he’d do his client (and possibly himself) far more harm than good. Such a strategy smacks of desperation, cowardice, and smearing the reputation of this victim and her dead infant. Given the evidence in this case, at this stage I’m thinking that Entwistle’s attorneys should have planned an insanity defense. I’m sure they didn’t because they’re relying on the circumstantial nature of the prosecutors’ evidence here. Note to defense team: “circumstantial” doesn’t mean “weak.”
I’ll be providing on-air analysis and commentary tomorrow (Wednesday, June 11) on Tru TV’s “Best Defense With Jami Floyd” (Tru TV was formerly Court TV); Tru TV now provides national trial coverage as part of its “In Session” trial coverage across the U.S.