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>>> WE'RE LIVE IN MASSACHUSETTS AS PROSECUTORS MAKE THEIR CASE. THE BEST DEFENSE STARTS RIGHT NOW. >>> THIS IS THE BEST DEFENSE. I'M RIKKI KLIEMAN IN FOR JAMI FLOYD THIS WEEK. IT IS SUCH A PLEASURE FOR ME TO BE BACK WITH YOU. TODAY THE COMMONWEALTH CASE AGAINST NEIL ENTWISTLE CONTINUES IN A MASSACHUSETTS COURTROOM. PROSECUTORS ARE HOPING TO PROVE THE 29-YEAR-OLD FATALLY SHOT HIS WIFE AND 9 NONLD DAUGHTER BEFORE FLEEING THE COUNTRY. DEFENSE ATTORNEYS SAY ENTWISTLE HAD NOTHING TO DO WITH THE CRIMES. CORRESPONDENT BETH KARAS JOINS US NOW WITH THE LATEST. BETH, VERY IMPORTANT EVIDENCE THAT WE HAVE HEARD THIS MORNING BECAUSE WE'RE STARTING TO LOOK AT THOSE SURVEILLANCE VIDEOS. TELL US ABOUT IT. >> Reporter: THAT'S RIGHT. A COUPLE OF EMPLOYEES OF MASS PORT, THE MASSACHUSETTS PORT AUTHORITY, HAVE BEEN TESTIFYING. ONE IS ACTUALLY ON THE STANDSTILL. THE FIRST ONE, MICHAEL SHEEHAN, HE'S ACTUALLY THE THIRD WITNESS OF THE FOUR SO FAR TODAY, WAS IN CHARGE OF PARKING AT THE HOTEL. HE DESCRIBED AT THE LOGAN AIRPORT THE LAYOUT OF THE PARKING GARAGES AND WHERE NEIL ENTWISTLE'S LEASED BMW WAS FOUND. HE ALSO TESTIFIED THROUGH BUSINESS RECORDS ABOUT THE PARKING TICKETS THAT ENTWISTLE HAD OBTAINED. HE ENTERED THE AIRPORT 8:14 P.M. FRIDAY, JANUARY 20th. THE POLICE AND PROSECUTORS BELIEVE THE MURDERS HAPPENED AROUND 7:00 IN THE MORNING. HE ENTERS THAT EVENING BUT LEAVES AGAIN ABOUT 9:34. HE PAID TO LEAVE AND EXITED AT 9:38. WE SAW IMAGES OF THE LICENSE PLATE COMING AND GOING PRESUMABLY. IT'S STILL ATTACHED TO HIS CAR AND HE'S DRIVING IT. HE RETURNED AGAIN AT 10:14 AND TOOK A MORNING FLIGHT, ABOUT 8:15 FLIGHT ON THE 21st TO ENGLAND, TO LONDON. THE SECOND WITNESS WHO'S ON THE STAND RIGHT NOW ACTUALLY IS SHOWING -- THEY SHOWED A ONE MINUTE SURVEILLANCE SECURITY VIDEO AT THE -- WHAT THEY CALL THE REVENUE GENERATING MACHINE WHERE HE ACTUALLY PAID FOR THE PARKING. BECAUSE HE HAD BEEN THERE JUST OVER AN HOUR, LEFT, AND RETURNED. IN HIS STATEMENT TO POLICE HE SAYS HE WENT AND GOT GAS. HE WAS CONSIDERING GOING BACK TO HOPKINTON BUT DIDN'T, BOUGHT GAS AND WENT BACK TO THE AIRPORT AND DECIDED TO GO HOME. THE TIME ON THE STAMP ON THE VIDEO IS OFF BY AN HOUR. IT REGISTERS AT ABOUT, LIKE, 10:36, 10:38 OR SO HE'S PAYING TO LEAVE. THE WITNESS BEFORE HER SAYS THAT IT WAS REALLY AN HOUR EARLIER. SHE DOES NOT KNOW THE EXPLANATION FOR THE SIN KRONIZATION. IT MAY BE A DAYLIGHT SAVINGS MATTER WHERE THEY DIDN'T CHANGE THE VIDEO. >> OKAY, BETH. >> YOU SEE HIM CLEARLY IN A TURTLE NECK, BLUE GENES. YOU SEE HIS WED RING. THE DEFENSE WAS BRINGING OUT HE WAS MAKING NO EFFORT TO HIDE HIS IDENTITY. HE HAS NO DISGUISE, A GLASSES HAT OR ANYTHING TO HIDE HIMSELF. >> EVENTUALLY WE KNOW HE LEAVES. CLEARLY HE HAD COME INTO THE AIRPORT. IT'S THE ODD FACT HE LEAVES AND COMES BACK AGAIN. THANKS SO MUCH, BETH. WE ARE GOING TO SEE YOU AGAIN LATER IN THE SHOW. WATCHING WITH US TODAY RIGHT HERE WITH ME, MY GOOD FRIEND, CRIMINAL DEFENSE ATTORNEY STEVE IS A VAR DA. I'M GOING TO ASK YOU TO STAND BY, STEVEN. WE'RE GOING TO GO BACK LIVE. ELLIOTT WINE STEEN IS CROSS EXAMINING. >> ALL RIGHT. LADIES AND YES MEN IT'S JUST ABOUT FIVE AFTER 11. WE'LL TAKE THE MORNING RECESS AT THIS TIME AND RESUME IN THE COURTROOM AT 25 PAST. >> ALL RISE. >>> WELL, SEE, SOMETIMES WITH LIVE TV AND A TRIAL THESE THINGS HAPPEN WHERE THE CROSS WAS SO BRIEF OF THIS PARTICULAR WITNESS THAT WE REALLY DID NOT GET TO HEAR THAT CROSS. BUT DON'T WORRY. I PROMISE WE'LL GET TO IT AT SOME POINT. IF NOT DURING MY SHOW ON BEST DEFENSE WE'LL GET IT TO YOU DURING THE DAY. LET ME GO BACK OUT TO BETH KARAS FOR A MOMENT IF I MAY. BETH, ONE OF THE ISSUES IN THIS CASE, I THINK, HAS TO BE FOR THE DEFENSE, LOOK, HE JUST FOUND THEIR WIFE AND DAUGHTER DEAD IN THEIR BED. AND HE JUST DOESN'T KNOW WHAT TO DO. HE IS IN A TOTAL PANIC. HE REALLY DOESN'T KNOW WHAT HE'S EVEN DOING. HE'S IN SHOCK. HE'S IN PANIC. SO THAT'S WHY THE DEFENSE WOULD SAY HE WOULD GO INTO THE AIRPORT AND THEN LEAVE THE AIRPORT, TRY TO GO BACK TO HOP KIN TONK, NOT GET THERE, GET GAS FOR THE CAR AND THEN COME BACK TO THE AIRPORT. BY ANY STRETCH IT IS IR RATIONAL BEHAVIOR. ONE WOULD HAVE TO SAY. BUT IT ALSO PLAYS FOR THE PROSECUTION, DOESN'T IT? >> Reporter: YES. ABSOLUTELY. YOU KNOW, THESE -- THESE ARE ARGUMENTS THE DEFENSE CAN AND SHOULD MAKE. THERE ARE A FEW FACTS HERE THAT ARE NOT HELPFUL AT ALL. ONE IS HIS FAILURE TO CALL 911 WHEN HE FIND HIS WIFE AND BABY DEAD IN BED. HE SAYS, I KNEW THEY WERE DEAD. NOTHING COULD BE DONE. HE DOESN'T CALL THE POLICE. ALSO THE WEAPON THAT WAS USED TO KILL RACHEL AND LILLIAN BELONGS TO HIS FATHER-IN-LAW. AND HAS HER DNA ON IT FROM BRAIN OR BLOOD. WE DON'T KNOW THE SOURCE YET BUT I BELIEVE THAT'S WHAT IT IS. AND HIS DNA ON THE GRIP. HE HAD USED THE GUN IN THE PAST. AND HE SAYS HE WANTED TO TELL -- HE CONSIDERED KILLING HIMSELF BUT HE COULDN'T GET IN THE HOUSE AND KEYS TO THAT HOUSE ARE IN THE CAR THAT HE HAS ABANDONED AT LOGAN AIRPORT. IF THE MURDER WEAPON HADN'T -- HADN'T BEEN FOUND, PERHAPS, AND HADN'T BEEN TIED TO HIS IN-LAWS AND MAYBE HE HAD CALLED THE POLICE, I DON'T KNOW. MAYBE IT WOULD BE A STRONGER ARGUMENT FOR THE DEFENSE. BUT THERE ARE SOME -- SOME FACTS THAT ARE VERY DAMAGING TO HIM. >> I THINK THAT'S THE UNDERSTATEMENT OF THE DAY, BETH KARAS. WITH THAT, LET ME TAKE IT OVER -- STAY WITH ME, BETH. LET ME TAKE IT OVER TO STEVE. I HAVE OFTEN SAID TO ASSOCIATES WHO WORKED FOR ME WHEN I WAS A PRACTICING CRIMINAL DEFENSE LAWYER, WHEN THEY WOULD COME IN AND SAY, RIKKI, THIS IS IMPOSSIBLE, THERE'S NOTHING I CAN DO, THERE'S NO DEFENSE HERE, AND I WOULD SAY NO CASE IS IMPOSSIBLE. SO WITH THAT PREFACE, THIS IS ONE TOUGH CASE FOR A DEFENSE LAWYER. I REALLY THINK UNLESS YOU CAN GET TO SOMEBODY ELSE TO BLAME, YOU'RE IN TROUBLE. >> I THINK THE BEST DEFENSE TO TRY AND CAST REASONABLE DOUBT IF IT'S POSSIBLE IN THIS CASE IS TO LOOK AT THE TIMELINE AFTER THE MURDER. WE HAVE A CIVILIAN SEARCH OF THE HOUSE, POLICE SEARCH OF THE HOUSE, SECOND POLICE SEARCH OF THE HOUSE. NOT UNTIL THE THIRD POLICE SEARCH OF THE HOUSE ARE THE BODIES DISCOVERED. AND IN THAT TIMELINE THE DEFENDANT LEAVES THE JURISDICTION. IF THE TIMELINES HAD COINSIDED, I THINK IT WOULD BE WORSE FOR THE DEFENSE. BUT THE FACT THAT THERE WERE SEARCHES OF THE HOUSE THAT DID NOT TURN UP THE BODIES UNTIL AFTER HE WAS -- HAD LEFT AND COULD DOCUMENT WHERE HE WAS PLAYS TO THE DEFENSE'S ADVANTAGE. >> AM I UNDERSTANDING YOU CORRECTLY, STEVE, WHAT YOU'RE SAYING IS WE REALLY DON'T KNOW WHAT TIME THEY DIED? >> THERE'S BEEN NO TESTIMONY SO FAR FROM A MEDICAL EXAMINER PINPOINTING TIME. IT COULD BE BECAUSE OF THE WAY THEY WERE KILLED, PERHAPS THE MOST DAMAGING TESTIMONY ANTICIPATED FROM THE MEDICAL EXAMINER AND THE POLICE THAT DISCOVERED THE BODIES WAS A TOTAL LACK OF BLOOD BECAUSE OF THE SMALL CALIBER GUN THAT WAS USED TO KILL THEM. AND THE DEFENDANT'S DESCRIPTION IN THE POLICE INTERVIEWS LATER AND WITH HIS FATHER-IN-LAW, THAT HE SAW BLOOD AND PANICKED AND LEFT. >> RIGHT. LET ME BRING THAT BACK TO BETH KARAS. I THINK THAT IS A VERY VALID POINT. THE PERSON WHO COMES CLOSEST TO PINNING THE TIME IS NEIL ENTWISTLE HIMSELF BY HIS OWN STATEMENTS. RIGHT, BETH? >> Reporter: THAT'S RIGHT. HE SAYS THAT HE HAD FED HIS BABY IN THE MORNING AND THEN WENT AND DID ERRANDS AT 9:00 AND CAME BACK AT 11:00 AND FOUND THEM DEAD. BUT I DON'T KNOW YET HOW THE MEDICAL EXAMINER BACKS IT UP TO 7:00 IN THE MORNING. PEOPLE TALKED TO RACHEL, TWO FRIENDS AND HER MOTHER, AT LEAST THOSE THREE PEOPLE WE KNOW TALKED TO HER ON THURSDAY NIGHT AND EVERYTHING SEEMED FINE. NO ONE DETECTED ANYTHING WRONG, FOR EXAMPLE, IN THE RELATIONSHIP. THAT'S SORT OF REMINISCENT OF THE LAST CONVERSATION LACY PETERSON'S FAMILY HAD WITH HER BEFORE SHE DISAPPEARED ON DECEMBER 23rd, 2002. BUT WE DON'T KNOW THE TEMPERATURE INSIDE THE HOUSE. WE KNOW IT WAS COLD OUT. BUT THERE ARE A LOT OF FACTORS THAT THE MEDICAL EXAMINER HAS TO TAKE INTO CONSIDERATION. BUT THEY WERE THERE FOR ALMOST THREE DAYS. IF THE MEDICAL EXAMINER IS ACCURATE. OF COURSE, THERE WAS -- DECOMPOSITION WAS SETTING IN. >> RIGHT YOU ARE. SO WE GO FROM THE LAST POINT IN TIME THAT ANYONE TALKED TO RACHEL, WHICH IS THURSDAY NIGHT. NEIL ENTWISTLE'S OWN STATEMENT THAT WHEN HE COMES BACK TO THE HOUSE AFTER GOING SOME ERRANDS OR GOING OUT TO START TO DO SOME ERRANDS, THAT WHEN HE COMES BACK TO THE HOUSE, THAT THEY -- HE FINDS THEM DEAD. THAT'S AT LEAST THE END POINT FROM THE DEFENSE POINT OF VIEW WHEN HE SAYS HE SAW THEM. IT GIVES YOU A LOT OF TIME BETWEEN THURSDAY NIGHT AND FRIDAY. WHO THAT HELPS IN THE END, WHO KNOWS. LISTEN, YOU KNOW I LOVE HEAR FEDERAL GOVERNMENT YOU, ALL OF YOU VIEWERS. COME ON. KEEP THOSE E-MAILS COMING. YOU CAN REACH ME BY LOGGING ON TO CNN.COM/CRIME. CLICK ON BEST DEFENSE OR JUST E-MAIL ME DIRECTLY AT BEST DEFENSE AT&T CNN.COM. >>> OKAY. I PROMISED YOU THAT WE MISSED A LITTLE BIT OF ELLIOTT WINE STEEN'S CROSS-EXAMINATION OF THE WOMAN WHOSE NAME IS MARY ANN CHANDLER. SHE'S FROM THE PORT AUTHORITY. IT HAS TO DO WITH HIS INTERESTING VIDEO SURVEILLANCE. LET'S HEAR THAT CROSS. >> DID YOU PREPARE THAT LITTLE VIDEO, EXHIBIT 17? >> NO, I DID NOT. >> DID YOU PREPARE WHAT HAS BEEN MARKED H FOR IDENTIFICATION? >> I DID NOT PREPARE IT. IT WAS TAKEN FROM THE SURVEILLANCE SYSTEM. IT WAS RECORDED BY THE SYSTEM. >> DID YOU RETRIEVE THIS FROM THE SYSTEM? >> THAT TAPE IS THE ACTUAL SYSTEM TAPE, YES. >> WHAT DO YOU CALL THESE THINGS. THESE VCR THINGS? TAPES. AND IT'S EXHIBIT H IN THE CASE. >> CORRECT. >> YOU WERE ASKED TO DO THAT? >> YES. >> AND WHEN WERE YOU ASKED TO DO THAT? >> OUR OFFICE WAS ASKED TO DO THAT A WHILE AGO. I DON'T RECALL EXACTLY WHEN. >> IN 2006 OR 2007 OR 2008? >> I DO NOT RECALL. >> WERE YOU ASKED BY POLICE? >> YES. >> STATE POLICE? >> YES. >> STATE POLICE WHO WORK OUT AT THE AIRPORT ON A REGULAR BASIS? >> YES. TO THE BEST OF MY KNOWLEDGE, THAT'S WHERE THE REQUEST CAME FROM. >> DID YOU SPEAK WITH A FELLOW NAMED ROBASHO FROM THE STATE POLICE? >> YES. >> MARTY? >> YES. >> DO YOU KNOW HIM. >> YES, I DO. >> AND HE'S PART OF THE OFFICER CORPS, ONE OF THE TOP ECHELON OF THE STATE POLICE ASSIGNED TO LOGAN AIRPORT? >> THAT'S CORRECT. >> AND YOU WORKED WITH -- IS MARTY A LIEUTENANT THESE DAYS OR IS HE EVEN HIGHER. >> I BELIEVE HE IS LIEUTENANT. >> AND YOU WORKED WITH HIM IN CONNECTION WITH FINDING THE PARTICULAR SURVEILLANCE TAPE THAT HE WAS LOOKING FOR? >> CORRECT. >> AND DID YOU WORK WITH ANY OTHER STATE POLICE INVESTIGATORS? >> NO. >> IT WAS JUST YOU AND LIEUTENANT ROBASHO? >> AND SEVERAL OTHER PEOPLE FROM MY OFFICE. >> SO FROM THE STATE POLICE JUST THE LIEUTENANT -- >> CORRECT. >> -- AND OTHER OF YOUR COWORKERS AT THE AIRPORT? >> CORRECT. >> AND HE HAD A NAME AND A TIME THAT WAS PART OF THE CONVERSATION THAT YOU ALL HAD IN ORDER TO LOCATE WHAT BECOMES NOW EXHIBIT H HERE IN COURT? >> WE WOULD HAVE HAD A PAY ON FOOT MACHINE AND A TIME THAT WE WOULD HAVE BEEN LOOKING FOR. >> AND THERE WAS CONVERSATION THAT YOU HAD WITH THE LIEUTENANT ABOUT THE PURPOSE, WHY YOU WERE LOOKING TO GET THIS TAPE? >> I WAS NOT PART OF THAT DISCUSSION, NO. >> SO AS FAR AS YOUR INVOLVEMENT WAS, IT WAS JUST THE TIME? >> THE TIME AND THE PAY ON FOOT MACHINE -- >> AND THE DATE. >> -- AND THE DATE. >> AND YOU WENT THROUGH THE LIBRARY OF TAPES? >> WE WOULD HAVE KNOWN -- WE KEEP A LOG OF WHAT NUMBER TAPE IS IN THE MACHINE AT A CERTAIN DATE. WE WOULD HAVE THEN IDENTIFIED WHICH CAMERA WAS TRAINED ON THAT PARTICULAR PAY ON FOOT LOCATION. AND WE WOULD THEN HAVE IDENTIFIED THE TAPE THAT WOULD HAVE GIVEN US THE INFORMATION FOR THE DATE, THE TIME, AND THE LOCATION. >> IT'S ALWAYS INTRIGUING TO ME, BETH KARAS, IN THE WORLD IN WHICH WE LIVE TODAY, I'M VERY MINDFUL OF IT IN LONDON, BECAUSE MY HUSBAND DOES A LOT OF WORK WITH -- OR CONSULTATION BACK AND FORTH WITH SCOTTLAND YARD. THEY HAVE CC TVS. EVERYWHERE YOU WALK IN LONDON YOU'RE GOING TO BE SEEN. IT'S REALLY HELPFUL TO THE POLICE. OF COURSE, IT CREATES A DEBATE ABOUT CIVIL LIBERTIES AND POLICE -- PUBLIC SAFETY ISSUES. AND OF COURSE TERRORISM ISSUES. HERE THE AIRPORT IS CERTAINLY A PLACE WHERE WE WOULD HAVE NO EXPECTATION OF PRIVACY. WE WOULD KNOW THERE WOULD BE CAMERAS EVERYWHERE. BUT IN THE END, BETH, THESE FACTS THAT WE SEE HIM GO INTO THE AIRPORT, WE SEE HIM EXIT OR THE CAR EXIT, WE SEE THE CAR COME BACK, WE SEE HIM AT THE ATM, THAT'S -- WE KNOW FROM HIM THAT HE GOT ON A PLANE. SO DO THEY ADD ANYTHING TO THE PROSECUTION CASE? >> Reporter: WELL, YOU KNOW, THE PROSECUTION IS -- I DON'T WANT TO SAY OVERKILL. BECAUSE I DON'T LIKE TO REALLY CRITICIZE ANYONE. BUT THEY ARE THOROUGH. REALLY THOROUGH IN THEIR PRESENTATION HERE. FOR EXAMPLE, YESTERDAY PUTTING ON A HOST OF ALIBI WITNESSES JUST TO RULE OUT ANY POSSIBILITY IN ANYONE'S MIND THAT JOE MATTERAZZO WHO OWNED THE MURDER WEAPON, THE STEPFATHER OF RACHEL ENTWISTLE COULD HAVE DONE THIS HIMSELF. HIS WHERE ABOUTS ON THE DAY OF THE KILLING TOTALLY ACCOUNTED FOR. AND, I MEAN, HE TESTIFIED TO IT. AND THEN SEVERAL WITNESSES BACKED HIM UP. CORROBORATED HIM. HERE IT'S LARGELY UNCONTESTED THAT HE TOOK THESE STEPS. THAT HE WAS DRIVING THAT CAR. HIS IMAGE IS CAPTURED ON VIDEO. BUT THEY ARE LEAVING NO STONE UNTURNED HERE. I'LL TELL YOU, THOUGH, ONE THING THAT THE DEFENSE IS DOING, WHICH IS REALLY GOOD, IS THEY ARE BRINGING OUT THROUGH ALL THESE WITNESSES, MOST OF WHOM HAVE HAD CONTACT WITH RACHEL AND NEIL, CLOSE CONTACT, MAYBE LIMITED LIKE THE WELCOME GREETER IN THE NEIGHBORHOOD WHO SPENT 50 MINUTES, ALMOST AN HOUR WITH THEM A COUPLE WEEKS BEFORE THE KILLING, SAY THEY WERE A LOVING, DOTING, WONDERFUL COUPLE. AND SO IT LEAVES ONE WONDERING, WHAT HAPPENED TO NEIL ENTWISTLE IF, INDEED, HE DID THIS? DID HE JUST SNAP ONE DAY? AND I DO THINK THAT THAT IS A GOOD JOB THAT THE DEFENSE IS DOING. BECAUSE MAYBE IF JURORS FEEL HE'S RESPONSIBLE FOR IT, IT'LL MITIGATE. AND THEY'LL, YOU KNOW, KNOCK IT DOWN A DEGREE. >> I THINK THAT'S VERY WELL SAID ABOUT BOTH SIDES. AND STEVE SI VARDY, LET ME TAKE THAT TO YOU. ONCE UPON A TIME AND LONG AGO, THERE WAS A PROSECUTION OF SCOTT PETERSON. AND MANY OF US WHO PARTICIPATED IN TALKING ABOUT THE CASE OR WATCHING THE CASE, WHAT REALLY WENT THROUGH OUR HEADS AND OUR MOUTHS WAS WHAT REALLY HAPPENED IN THAT HOUSE? DID THEY HAVE A FIGHT? DID SCOTT WIND UP IN SOME KIND OF BATTLE WITH HER WHERE HE ACCIDENTALLY KILLED HER AND THEN HAD TO DO THIS ELABORATE COVER-UP? WE REALLY DON'T KNOW WHAT HAPPENED IN THE PETERSON HOUSE. WELL, IN THIS PARTICULAR CASE, WE CERTAINLY DON'T KNOW WHAT HAPPENED IN THE ENTWISTLE HOUSE AND WE WILL NEVER KNOW. I MEAN, PRECISELY WHAT HAPPENED. SO THE DEFENSE CAN USE THAT AS BEST TO MITIGATE. HERE'S THERE'S NO DEATH PENALTY. THESE JURORS AREN'T GOING TO -- THEY'RE EITHER GUILTY OR NOT GUILTY. THEY'RE NOT GOING TO COME BACK WITH A MANSLAUGHTER VERDICT ON THIS CASE OR COULD THEY? >> I DON'T THINK SO. IN THE PETERSON CASE THE MOTIVE WAS ANOTHER WOMAN AND HE WANTED TO PURSUE HIS LOVE INTEREST. IN THIS CASE HE'S PAINTED HIMSELF INTO FANTASY CORNER IN TERMS OF HIS EMPLOYMENT, FINANCES. HE WAS HEAVILY IN DEBT, NO PROSPECTS FOR EMPLOYMENT. HE WAS CLOSED OUT OF EBAY FOR DEFRAUDING PEOPLE ON EBAY. THE PROSECUTION CONSISTENT WITH THEIR BURDEN OF PROOF IS TRYING TO LEAVE NO STONE UNTURNED POINTING TO EVERY PIECE OF EVIDENCE THAT POINTS TOWARDS GUILT AND NOTHING TO THE IMAGINATION OF THE JURY. >> I THINK YOU'RE RIGHT. I THINK ONE OF THE DIFFICULTIES WITH THAT FOR PEOPLE, AS BETH KARAS POINTS OUT AND KEEPS GOING THROUGH MY MIND IS WE'VE HEARD WITNESS AFTER WITNESS AFTER WITNESS SAY JUST HOW LOVES THEY WERE AND HOW HE LOVED THIS BABY. AND SO YOU DO WONDER, I WONDER, AND MAYBE SOME OF YOU WILL LET ME KNOW THAT YOU WONDER, WHAT COULD HAVE GONE ON IN THAT HOUSE THAT DAY? COULD HE HAVE REALLY PREMEDITATED THIS, GONE AND GET THE GUN, COME BACK, KILLED HIS WIFE AND BABY, IF HE HAD THIS RELATIONSHIP, STRANGER THINGS HAVE HAPPENED. WELL, ONE OF THE KEY WITNESSES FOR THE PROSECUTION WAS THE VICTIM'S STEPFATHER. THAT'S JOSEPH MATTERAZZO. AMONG THE THINGS HE TESTIFIED ABOUT WERE HIS CONVERSATIONS WITH THE DEFENDANT SHORTLY AFTER THE MURDERS. MATTERAZZO TOLD THE JURY THAT NEIL ENTWISTLE CALLED HIM FROM ENGLAND AND TOLD HIM THAT HE FOUND HIS WIFE AND DAUGHTER'S BODIES WHILE CLEANING THE HOUSE. THE DEFENSE SAYS ENTWISTLE WAS SIMPLY A GRIEVING HUSBAND AND FATHER WHEN HE MADE THOSE PHONE CALLS. DEFENSE ATTORNEY ELLIOTT WINESTEIN TRIED TO HAMMER HOME THAT POINT DURING MATTERAZZO OES CROSS-EXAMINATION. THAT'S WHERE HE TOOK HIS BEST SHOT. >> NEIL CALLED YOU FROM ENGLAND IN 2006. HE WAS CRYING. AND WOMEN PERRING. YES? >> NO. >> YOU SAID WHEN YOU SPOKE TO HIM ON THE PHONE THAT HE WAS WHIMPERING. >> HE WAS WHIMPERING AND -- >> HE WAS UPSET? >> HE WAS NOT CRYING, BUT HE WAS WHIMPERING. >> YOU COULDN'T SEE HIM CRYING? >> GRANTED. >> SO YOU COULD HEAR WHIMPERING IN HIS TONE OF VOICE. YES? >> YES. >> AND THERE'S NO QUESTION BUT THAT HE WAS UPSET? >> EXCEPT THAT HE -- >> THERE WAS NO QUESTION BUT THAT HE WAS UPSET? >> YES, HE WAS UPSET, YEAH. >>> SO HE GOT HIS ANSWER. NO QUESTION THAT HE WAS UPSET. STEVE SI VARDY, I HAVE TAUGHT CROSS-EXAMINATION FOR YEARS. AND I HAVE TAUGHT IT BY BEING TAUGHT BY THE MASTERS. TERRY McCARTHY IN CHICAGO. LARRY, ROGER DODD, THE PEOPLE WHO HAVE WRITTEN THE BOOKS ON CROSS. AND THE BOOKS SAY, REPEAT THE QUESTION EXACTLY THE SAME WAY. DON'T CHANGE YOUR TONE OF VOICE. AND DON'T EVEN MAKE IT A QUESTION. HE WAS UPSET. HE WAS UPSET. THERE'S NO QUESTION HE WAS UPSET. THAT'S GOOD WORK. >> YOU WANT TO REINFORCE THE ANSWER BEFORE YOU ASK THE QUESTION AND LEAVE NO POSSIBILITY FOR THE WITNESS TO WANDER. THE WITNESS TRIED TO IMPOSE -- INSERT SOME EXTRA WORDS. AND THE DEFENSE ATTORNEY CUT HIM OFF IMMEDIATELY, REPOSED THE QUESTION IN A FORM THAT REQUIRED AN AFFIRMATIVE ANSWER. >> FAIR ENOUGH. BETH KARAS. WHEN WE HAVE THIS JUXTAPOSITION OF ALL OF THESE WITNESSES WHO HAVE TESTIFIED, INCLUDING THE PEOPLE WHO HAVE REASON TO LOATHE NEIL ENTWISTLE MOST, WHICH IS THE MATTERAZZO FAMILY, ALL OF THESE PEOPLE STILL SAY THEY WERE A LOVING COUPLE. HE WAS A LOVING HUSBAND. HE WAS A LOVING FATHER. EVERYTHING SEEMED FINE. DOES THAT CREATE A SITUATION WHERE YOU MAY HAVE HEARD OR NOT ANY POSSIBILITY WHERE THIS DEFENDANT COULD TESTIFY? >> Reporter: YOU KNOW, I GUESS THERE'S -- WELL, THERE'S ALWAYS A POSSIBILITY. I'VE HEARD NOTHING ABOUT THAT. AND I'M ALWAYS SURPRISED WHEN A DEFENDANT DOES TESTIFY. IN A SELF-DEFENSE CASE, OF COURSE, THEY ALMOST HAVE TO TESTIFY. BUT THAT'S NOT THE DEFENSE HERE. YOU KNOW, AND HE CERTAINLY TALKED ENOUGH. HE SPOKE FOR FOUR CONSECUTIVE DAYS AFTER THE MURDERS BY TELEPHONE FROM ENGLAND TO HIS FATHER-IN-LAW, JOE MATTERAZZO, CALLED HIM EVERY MORNING, MONDAY THROUGH THURSDAY AFTER THE FRIDAY MURDERS. HE SPOKE WITH TROOPER MANNING FOR TWO HOURS ON THE TELEPHONE. THAT WAS AN AUDIORECORDED CALL I BELIEVE THE JURY IS GOING TO HEAR. SO HE KIND OF WAS A BLABBER MOUTH. AND SO THAT MIGHT MEAN, YOU KNOW, A LITTLE EVIDENCE THAT POSSIBLY HE'LL WANT TO TALK TO THE JURY AS WELL. BUT I'D BE SURPRISED. >> I THINK THAT'S THE PERFECT ANSWER. WE'RE GOING TO TAKE A BREAK. WE'RE GOING TO BE BACK WITH MUCH MORE. THEY SHOULD BE LIVE WHEN WE COME BACK, SO DON'T GO AWAY. >>> WE HAVE A NEW WITNESS JUST SWORN IN. JULIAN. LET'S LISTEN. >> WHERE DO YOU LIVE? >> MASSACHUSETTS. >> DO YOU WORK? >> I DO. >> WHAT DO YOU DO FOR WORK. >> I'M AN INVESTIGATOR WITH CITIZENS BANK. >> HOW LONG HAVE YOU BEEN WITH CITIZENS BANK? >> EIGHT YEARS. >> AS AN INVESTIGATOR IN GENERAL WHAT ARE YOUR DUTIES AND RESPONSIBILITIES? >> I INVESTIGATE FINANCIAL CRIMES COMMITTED AGAINST THE BANK. AND WORK WITH LAW ENFORCEMENT. >> LET ME ASK YOU THIS. ARE PART OF YOUR RESPONSIBILITIES INCLUDE BEING RESPONSIBLE FOR A CUSTODIAN OF THE RECORDS OR KEEPER OF THE RECORDS? >> YES. >> AND DO THOSE RECORDS ALSO INCLUDE BOTH PAPER DOCUMENTS AND COMPUTER BASED DOCUMENTS? >> YES. >> AND WHETHER OR NOT THEY ALSO INCLUDE VIDEO, ATM, SURVEILLANCE PHOTOGRAPHS AND THE LIKE? >> YES. >> AND CAN YOU GENERALLY DESCRIBE THE TYPES OF DOCUMENTS AND RECORDS THAT ARE PART OF THE RECORDKEEPING SYSTEM WITH CITIZENS BANK? >> THEY COULD INCLUDE ACCOUNT HISTORY, ACCOUNT ACTIVITY. ANY TRANSACTIONS COMMITTED ON THE ACCOUNT WOULD BE INCLUDED IN THOSE DOCUMENTS. AS WELL AS DEB IT, ATM CARD TRANSACTIONS. >> ARE THERE BANK STATEMENTS THAT ARE PART OF THOSE RECORDS? >> YES. >> PHOTOGRAPHS, AS WE SAID, SURVEILLANCE TAPES? >> YES. >> RECEIPTS THAT ARE GENERATED BY THE SYSTEM, ARE THOSE ALL PART OF THE RECORDS THAT YOU'RE RESPONSIBLE FOR AS A CUSTODIAN? >> YES. >> AND THOSE RECORDS AT CITIZENS BANK, ARE THEY MADE IN GOOD FAITH IN THAT THEY'RE MADE ACCURATELY OR ATTEMPTED TO BE MADE ACCURATELY? >> YES. >> AND THOSE RECORDS, ARE THEY KEPT IN THE REGULAR COURSE OF BUSINESS OF CITIZENS BANK? >> YES. >> AND ARE THEY MADE -- IS IT THE REGULAR COURSE OF BUSINESS OF CITIZENS BANK TO MAKE THOSE RECORDS AT OR ABOUT THE TIME OF THE VARIOUS TRANSACTIONS REFLECTED IN THOSE RECORDS THAT YOU'VE DESCRIBED? >> YES. >> I WANT TO CALL YOUR ATTENTION, MA'AM, IF I COULD TO EARLY 2006, IN PARTICULAR TOWARD THE END OF JANUARY 2006. WERE YOU ASKED TO SEARCH FOR CERTAIN RECORDS IN THE CUSTODY OF CITIZENS BANK? >> YES. >> AND WERE THOSE RECORDS PERTAINING TO A NEIL ENTWISTLE AND RACHEL ENTWISTLE AND ANY ACCOUNT OR ACCOUNTS THEY MAY HAVE HAD IN 2005 AND 2006? >> YES. >> WERE YOU ABLE TO LOCATE ANY RECORDS? >> YES. >> CAN YOU GENERALLY DESCRIBE THE TYPES OF RECORDS AND ACCOUNTS THAT YOU WERE ABLE TO LOCATE? >> THERE WERE THREE BANK ACCOUNTS THAT I WAS ABLE TO FIND. >> AND THE OWNER OR OWNERS OF THOSE ACCOUNTS, IF YOU RECALL? >> I BELIEVE ONE WAS A JOINT ACCOUNT WITH RACHEL ENTWISTLE AND PATRICIA MATTERAZZO. AS WELL AS THERE WAS AN ACCOUNT -- A CUSTODIAL ACCOUNT FOR LILLIAN ENTWISTLE AND A THIRD ACCOUNT WITH RACHEL AND NEIL ENTWISTLE. >>> ONE OF THE THINGS THAT WE SEE A GREAT DEAL IN CASES, BUT PARTICULARLY IN CASES INVOLVING BANK RECORDS, TELEPHONE RECORDS, CELL PHONE RECORDS, WOULD BE A CUSTODIAN OF RECORDS. THE CUSTODIAN OF RECORDS DOESN'T KNOW ANYTHING ABOUT THE INDIVIDUALS. THE CUSTODIAN OF RECORDS SIMPLY MUST SAY THAT THESE ARE RECORDS KEPT IN THE USUAL COURSE OF BUSINESS. AND THERE'S A FEW QUESTIONS THAT GO IN THAT FOUNDATION LITANY. IN ORDER TO ADMIT THESE RECORDS. AND, OF COURSE, WHAT WE CAN EXPECT TO FIND, I THINK IS A FAIR STATEMENT, IS THAT HE WAS IN FINANCIAL DIFFICULTY. >> I PLACED A PACT OF DOCUMENTS IN FRONT OF YOU. COULD YOU LOOK AT THOSE? >> YES. >> WHAT IS THAT? >> IT'S ACCOUNT HISTORY FOR THAT JOINT ACCOUNT. >> THAT PARTICULAR ACCOUNT? >> CORRECT. >> AND DOES IT COVER THE RELEVANT PERIOD OF TIME THAT YOU WERE ASKED TO SEARCH FOR? >> YES. >> THE NEXT EXHIBIT, YOUR HONOR? >> DO YOU HAVE ANY OBJECTION? ALL RIGHT. IT MAY BE MARKED. >> EXHIBIT 18 MARKED, YOUR HONOR. >> MA'AM, USING EXHIBIT 18, IF I COULD TELL US THE TYPE OF ACCOUNT THAT IS? >> IT'S A JOINT CHECKING ACCOUNT. >> WHEN WAS THAT ACCOUNT FIRST OPENED? >> AUGUST 23rd, 2004. >> AND THE NAME OR NAMES ASSOCIATED WITH THAT ACCOUNT? >> RACHEL ENTWISTLE AND PRISCILLA MATTERAZZO. >> IS THERE AN ADDRESS ASSOCIATED WITH IT? >> 41 TREMONT STREET IN CARVER, MASSACHUSETTS. >> AND WHAT PERIOD OF TIME DOES THAT SET OF RECORDS COVER? >> AUGUST 23rd, 2004, TO JANUARY 17th, 2006, I BELIEVE. >> IS THAT WHAT THE DOCUMENTS SAY? >> YEAH. I BELIEVE IT'S 2006. >> AND CAN YOU TELL US WHAT THE STARTING BALANCE IN THAT ACCOUNT WAS IN AUGUST OF 2004? >> WHEN THE ACCOUNT WAS OPENED, IT WAS OPENED UP WITH AN INITIAL DEPOSIT OF $100. >> AND CAN YOU TELL US THE LAST ENTRY IN JANUARY OF 2006, AND THE BALANCE? >> $958.90. >> ARE YOU FAMILIAR WITH THE TERM OVERDRAFT PROTECTION? >> YES. >> WHETHER OR NOT THAT -- WHAT IS THAT SERVICE PROVIDED? >> IF A CUSTOMER DOES NOT HAVE ENOUGH MONEY IN THEIR ACCOUNT AND THEY HAVE AN OVERDRAFT PROTECTION LINE OF CREDIT, IF THEY TRY TO DO A TRANSACTION IT WILL THEN KICK INTO THE OVERDRAFT PROTECTION AND THE MONEY WILL COME OUT OF THAT LINE OF CREDIT. THEN THE CUSTOMER WOULD BE EXPECTED TO PAY THAT BACK WITHIN A MONTHLY PERIOD. >> SORT OF LIKE A SHORT-TERM LOAN IN CASE YOU GO OVER THE AMOUNT OF MONEY IN YOUR ACCOUNT? >> YES. >> WAS OVERDRAFT PROTECTION ASSOCIATED AND OFFERED WITH THAT PARTICULAR ACCOUNT? >> IT WOULD HAVE BEEN OFFERED, BUT IT WAS NOT ATTACHED TO THAT PARTICULAR ACCOUNT. >> SO THAT'S SOMETHING -- THAT'S A SERVICE THAT CITIZENS PROVIDES, YOU'VE REQUESTED, OR DOES IT AUTOMATICALLY COME WITH AN ACCOUNT. >> IT'S TYPICALLY SOMETHING THAT WOULD BE REQUESTED OR DISCUSSED WITH THE BANK. AND IT WAS NOT ATTACHED TO THAT ACCOUNT. >> NOW, YOU MENTIONED THAT THERE WAS A SECOND ACCOUNT, A TRUST ACCOUNT INVOLVING RACHEL ENTWISTLE? >> YES. >>> WHAT I CAN SEE AT THIS MOMENT YOU CANNOT SEE, IS THAT THE PROSECUTOR HAS WALKED OVER TO ELLIOTT WINESTEIN AND HAS SHOWN HIM SOME DOCUMENTS THAT HE'S WORKING WITH AND WHISPERED IN HIS EAR. WE DO NOT IN THIS CASE FILM THE DEFENSE TABLE FROM THE FRONT. AND THAT MAY HAVE TO DO WITH THE FACT OF POSSIBLE ATTORNEY-CLIENT PRIVILEGE CONVERSATIONS OR NOTES. SO WE ARE NOT FILMING THAT. SO THAT'S WHY YOU DOEPT SEE IT. >> HAVE YOU HAD A CHANCE TO LOOK AT THOSE? >> YES. >> WHAT DOES THAT REFLECT? WHAT ACCOUNT IS THAT RELATED TO? >> IS A TRUSTEE ACCOUNT FOR LILLIAN ROSE ENTWISTLE AND RACHEL ENTWISTLE AND NEIL ENTWISTLE ARE THE INDIVIDUALS ON THE ACCOUNT. >> AND ARE THOSE AMONG THE FINANCIAL DOCUMENTS THAT YOU WERE ASKED TO LOOK FOR BACK IN LATE JANUARY OF 2006? >> YES. >> IS THERE ANY OBJECTION? IT MAY BE MARKED. >> EXHIBIT 19 MARKED. >> MA'AM, USING EXHIBIT 19, TELL US THE TYPE OF ACCOUNT THAT IS. >> IT'S A STATEMENT SAVINGS ACCOUNT. >> AND WHAT IS THAT, IN GENERAL? >> A SAVINGS ACCOUNT TO SAVE MONEY AND EVIDENTLY THIS ONE WAS FOR LILLIAN ROSE ENTWISTLE. >> THAT WAS MY NEXT QUESTION. WHAT NAME OR NAMES ARE ASSOCIATED WITH THAT ACCOUNT? >> RACHEL ENTWISTLE, NEIL ENTWISTLE, AND LILLIAN ROSE ENTWISTLE. >> WHEN WAS THAT ACCOUNT OPENED? >> 11-9-2005. >> AND WHAT WAS THE OPENING AMOUNT? >> $60 DEPOSIT WAS THE INITIAL DEPOSIT. >> THE LAST ENTRY ON THOSE RECORDS? >> JANUARY 3rd, 2006. >> AND THE BALANCE AS OF THAT DATE, THE LAST ENTRY? >> $450.05. >>> AND, AGAIN, AT THIS TIME YOU CAN SEE -- YOU CAN SEE THE PROSECUTOR TALKING TO ELLIOTT WINESTEIN BUT YOU COULD SEE HIM, BUT NOT THE DEFENSE TABLE. >> I HAVE PLACED IN FRONT OF YOU A THIRD SET OF DOCUMENTS. AND I SEE THAT YOU'RE LOOKING AT IT. TAKE SOME TIME AND FAMILIARIZE YOURSELF WITH THAT, PLEASE. >>> EVENTUALLY THE JURY, OF COURSE, WILL HAVE THESE RECORDS IN THE JURY ROOM. >> WHAT IS THAT? >> IT'S ACCOUNT HISTORY FOR A JOINT ACCOUNT WITH RACHEL ENTWISTLE AND NEIL ENTWISTLE. >> ARE THOSE AMONG THE DOCUMENTS THAT YOU WERE REQUESTED TO LOOK FOR BACK IN JANUARY OF 2006? >> YES. >> IT MAY BE MARKED. >> EXHIBIT 20, MARKED. >> THANK YOU. >> MA'AM, USING EXHIBIT 20 CAN BE YOU TELL US THE NAME OF NAMES ASSOCIATED WITH THAT ACCOUNT. >> RACHEL ENTWISTLE AND NEIL ENTWISTLE. >> WHAT TYPE OF ACCOUNT IS IT? >> CHECKING ACCOUNT. >> WHEN WAS IT FIRST OPENED? >> NOVEMBER 9th, 2005. >> THE OPENING BALANCE, PLEASE? >> IT WAS OPENED WITH AN INITIAL DEPOSIT OF $50. >> THE LAST TRANSACTION REFLECTED IN THOSE -- IN THAT SET OF DOCUMENTS, EXHIBIT 20? >> JANUARY 23rd, 2006. >> AND WHAT TYPE OF TRAN SAX WAS THAT? >> IT WAS A $400 ATM WITHDRAWAL WHICH THE FUNDS CAME OUT OF THE OVERDRAFT PROTECTION. >> AND, OF COURSE, WE KNOW THOSE ARE THE ACTIVITIES OF NEIL ENTWISTLE. WHILE THEY ARE LOOKING AT DOCUMENTS FOR A MOMENT, LET'S TAKE A BREAK. WE'LL BE BACK WITH MUCH MORE LIVE TESTIMONY. DON'T GO AWAY. MICROPHONE. MICROPHONE. >>> WITNESS BY WITNESS, PROSECUTORS ARE BUILDING THEIR MURDER CASE AGAINST KNEEL ENTWISTLE. DOES THE EVIDENCE ADD UP TO A GUILTY VERDICT? WE'RE LIFE IN MASSACHUSETTS WHEN THE BEST DEFENSE RETURNS. >>> LET'S GO BACK IN LIVE. THE WITNESS ON THE STAND TALKING ABOUT BANK RECORDS INCLUDING THOSE VERY, VERY IMPORTANT ATM WITHDRAWALS. >> -- AND THEY WOULD BE RECORDED, THE TRANSACTIONS. >> AND THROUGH THE SYSTEM AND THE INFORMATION THAT'S INPUTTED INTO THE SYSTEM AND OUTPUTTED FROM THE SYSTEM YOU WERE ABLE TO CORRESPOND THE COMPUTER INFORMATION, THE TRANSACTION INFORMATION TO A PARTICULAR PHOTOGRAPH? >> YES. >> AND THOSE PHOTOGRAPHS IN THAT PACKET ARE THE PARAGRAPHS THAT YOU WERE ABLE TO RETRIEVE ASSOCIATED WITH THE TRANSACTIONS ON THE SUMMERY SHEET? >> YES. >> AND IN WHAT FORM CAN YOU RETRIEVE THOSE DOCUMENTS? IS IT ONLY IN PAPER FORM OR IS THERE ANOTHER FORM? >> NO. YOU -- A VIDEO OR STILL SHOTS THAT YOU CAN CREATE FROM THAT VIDEO. >> NEXT EXHIBIT, YOUR HONOR? >> ANY OBJECTION? IT MAY BE MARKED. >> EXHIBIT 21 MARKED. >>> AGAIN, YOU'VE GOT A SITUATION WHERE THE PROSECUTOR IS SHOWING SOMETHING TO ELLIOT WINESTEIN AND, OF COURSE, THEY'RE RECORDS. YOU HAVE TO REMEMBER THERE'S VERY OPEN DISCOVERY IN MASSACHUSETTS. IT'S NOT LIKE MR. WINESTEIN AND MS. PAGE HAVE NOT SEEN THESE BEFORE. THEY HAVE. BUT IT'S THE WAY THAT IT IS DONE IN A FORMAL PROCESS. IT'S MARKED FOR IDENTIFICATION. IT IS THEN BROUGHT OVER TO THE DEFENSE. AND THEN, OF COURSE, YOU'RE DEALING WITH THE ULTIMATE SUBMISSION INTO EVIDENCE. >> YOUR HONOR, CAN EVERYONE SEE THAT? MA'AM, DO YOU RECOGNIZE WHAT'S DEPICTED IN I FOR IDENTIFICATION? >> YES. IT'S THE SUMMERY SHEET OF THE TRANSACTIONS. >> THE SAME SUMMERY SHEET THAT'S NOW PART OF EXHIBIT 21? >> YES. >> AND IF YOU COULD, IF YOU COULD STAND DOWN, AND USING THE POINTER NEXT TO YOU, STARTING AT THE BOTTOM, IF YOU COULD TELL US WHAT THE INFORMATION IS FOR EACH OF THE TRANSACTIONS DESCRIBING -- WHY DON'T YOU FIRST START BY DESCRIBING IN GENERAL THE COLUMNS AND WHAT THEY REPRESENT. >> THIS COLUMN IS THE DATE AND THE TIME -- >> EXCUSE ME. COULD YOU PLEASE KEEP YOUR VOICE UP AND WHEN YOU SPEAK, TURN YOUR FACE TOWARDS THE COURTROOM IF YOU WOULD. >> SURE. >> SO THE FIRST COLUMN IS THE DATE AND THE TIME. >> MIGHT IT HELP IF I TWIST THAT A LITTLE BIT TOWARDS YOU, MA'AM? >> YES. THAT SHOULD BE FINE. THANK YOU. THIS IS THE -- THE SECOND COLUMN IS THE CARD NUMBER THAT WAS USED TO PERFORM THESE TRANSACTIONS. >> CAN THERE SOMETIMES BE MORE THAN ONE CARD ASSOCIATED WITH AN ACCOUNT? >> YES. >> AND THE NEXT COLUMN? >> THIS IS THE TERMINAL ID NUMBER? >> WHAT DOES THAT MEAN? >> WHERE THE TRANSACTION TOOK PLACE. >> NEXT COLUMN? >> WHAT TYPE OF TRANSACTION? >> WHAT ARE THE DIFFERENT TYPES OF TRANSACTIONS THAT YOU CAN EXECUTE OR PERFORM ON AN ATM MACHINE. >> A WITHDRAWAL, DEPOSIT, BALANCE INQUIRY. >> TRANSFERS? >> TRANSFERS, PIN CHANGE, PERSONAL IDENTIFICATION NUMBER CHANGE. >> NEXT COLUMN? >> THE REQUESTED AMOUNT. AND I'M -- I THINK THIS WOULD HAVE BEEN -- I'M NOT QUITE SURE WHAT THAT -- THAT IS FOR. >> THERE'S NO INFORMATION IN THAT COLUMN? >> THERE'S NO INFORMATION. AS WELL AS THE STAND-IN COLUMN, AND THEN THE RESULT, WHICH IS WHETHER OR NOT THE TRANSACTION WAS APPROVED OR DENIED. >> AND ARE THERE DIFFERENT WORDS OR TERMS THAT CAN APPEAR IN THE RESULT COLUMN? >> YES. IT WOULD EITHER BE APPROVED, WHICH WOULD INDICATE THAT THE TRANSACTION WENT THROUGH, OR DENIED. OR REVERSED, WHICH TYPICALLY IS THE CUSTOMER HAS REQUESTED TO REVERSE THAT TRANSACTION AND NOT GO THROUGH WITH IT. >> CHANGE WHAT THEY'RE DOING ON THE MACHINE? >> YES. >> I TAKE IT THE DATES AND TIMES GO CON LOGICALLY FROM THE BOTTOM UP ON THAT FORM? >> YES. >> STARTING FROM THE BOTTOM IF YOU COULD ONE BY ONE GROUP THEM IF THEY'RE RELATED TO EACH OTHER, TELL US WHAT THE TRANSACTIONS ARE, THE DATE AND TIME OF THEM, WHERE THEY TOOK PLACE, THE AMOUNT AND THE RESULT. >> THE FIRST TRANSACTION WAS ON JANUARY 19th, 2006. AT 9:05 A.M. AND IT WAS A WITHDRAWAL FOR $40, WHICH WAS APPROVED. >> AND WHERE DID THAT TAKE PLACE? >> I'M NOT 100% SURE. I WOULD HAVE TO BE ABLE TO IDENTIFY THAT LOCATION NUMBER. >> OKAY. WOULD THOSE LOCATIONS BE IN THE DOCUMENTS THAT ARE NOW MARKED EXHIBIT NO. 21? >> YES. >> THE NEXT TRANSACTION UP? >> IT WAS JANUARY 19th, 2006, AT 3:54 P.M. AND I BELIEVE THAT THIS WOULD BE A PREAPPROVAL FOR A DEBIT CARD TRANSACTION FOR $7.04. AND THIS TRANSACTION WOULD COINSIDE AS THE APPROVAL. >> THOSE TWO TRANSACTIONS ARE RELATED? >> THEY'RE THE SAME TRANSACTION. >> WHAT'S THE AMOUNT? >> $7.04. >> AND THE FINAL RESULT? >> IS THAT IT WAS APPROVED. IT WENT THROUGH. >> AND THE WAY THOSE ENTRIES APPEAR ON THAT FORM, WHAT TYPE OF TRANSACTION -- CAN YOU TELL WHAT TYPE OF TRANSACTION IT IS? >> IT WOULD HAVE BEEN A POINT OF SEAL TRANSACTION, A PURCHASE SOMEWHERE. AND IT COMES THROUGH AS AN APPROVAL. AND THEN ONCE IT'S ACTUALLY PROCESSED AND HITS THE ACCOUNT, IT THEN COMES THROUGH AS AN APPROVED TRANSACTION. >> NEXT ONE UP? >> JANUARY 20th, 2006. AT 2030. AND IT WAS A $400 ATM WITHDRAWAL WHICH WAS APPROVED. >> AND THE LOCATION OF THAT? >> I'D HAVE TO REFER TO THE OTHER DOCUMENTS TO DETERMINE THAT. >> AND IF I COULD JUST GO UP TO THE NEXT SERIES OF TRANSACTIONS, INCLUDING THE DATES AND TIMES AND THE TYPES OF TRANSACTIONS AND RESULT? >> FOR EACH OF THESE? >> YES, IF YOU COULD. >> JANUARY 20th, 2006, AT 2033 AT THE SAME LOCATION. AND, AGAIN, I'D HAVE TO REFER TO THE OTHER DOCUMENTS TO DETERMINE EXACTLY WHAT TYPE OF TRANSACTION THIS WAS. AND THEN ON JANUARY 20th, 2006, AT 2033:48, SHORTLY AFTER THAT, THERE WAS ANOTHER TRANSACTION ATTEMPT OF SOME SORT. >> AND THE AMOUNT ASSOCIATED WITH THAT TRANSACTION? >> IT'S NOT INDICATED HERE. SO I, AGAIN, WOULD HAVE TO REFER TO THE OTHER DOCUMENTS TO DETERMINE EXACTLY WHAT WAS HAPPENING. >> THE RESULT OF THAT TRANSACTION? >> IT WAS DENIED. >> SO I SEE ON THERE THERE'S A SERIES OF 3? >> YES. >> DO THEY APPEAR ON THE SAME DATE? >> YES. >> AND WHAT ABOUT TIME? >> YES. THEY WERE ALL WITHIN ONE MINUTE. >> LOCATION? >> SAME LOCATION. >> AND THE RESULT? >> DENIED. >> MOVING UP TO THE NEXT ONE. >> JANUARY 20th, 2006. AT 2110:04. A DIFFERENT LOCATION. AND IT WAS A $400 WITHDRAWAL WHICH WAS APPROVED. >> AND CONTINUING UP THE NEXT THREE TRANSACTIONS? >> THE NEXT THREE TRANSACTIONS WERE DONE ON JANUARY 20th, 2006, AT 2110:54, 2111:44, AND 2112:17, ALL AT THE SAME LOCATION. IT WAS A $200 ATTEMPTED WITHDRAWAL WHICH WAS DENIED, $120 ATTEMPTED WITHDRAWAL WHICH WAS DENIED, AND A $100 WITHDRAWAL WHICH WAS DENIED. >> AND THE NEXT TWO TRANSACTIONS, TELL US WHAT THEY'RE ABOUT, WHEN THEY TOOK PLACE, WHERE, THE AMOUNT AND THE RESULT. >> JANUARY 22nd, 2006. AT 2314:36, I WOULD HAVE TO REFER, AGAIN, TO THE OTHER DOCUMENTS TO DETERMINE WHERE IT TOOK PLACE. BUT IT APPEARS TO BE A WITHDRAWAL THAT WAS DENIED FOR $88.78. >> YOU CAN HAVE A SEAT, MA'AM. >> THANK YOU. >> EXHIBIT 21, YOUR HONOR. MA'AM, IF YOU COULD, STARTING WITH THE -- AGAIN CHRONOLOGICALLY WITH THE FIRST TRANSACTION, WHICH WOULD BE THE BOTTOM TRANSACTION, THE TERMINAL ID, I BELIEVE IT'S MZ 3689. COULD YOU TELL US WHERE IT'S LOCATED? 32 LYMAN STREET IN WEST BOROUGH, MASSACHUSETTS. >> ARE YOU FAMILIAR WITH THAT LOCATION? >> YES. >> IS THERE A CITIZENS BANK AT THAT LOCATION? >> YES. >> CAN YOU GENERALLY DESCRIBE THAT LOCATION, IS IT A FREE STANDING ATM, A BANK OR ANOTHER TYPE OF FACILITY. >> IT'S A BRANCH INSIDE A STOP AND SHOP. >> NEXT STRANS ACTION? AND GROUP THEM TOGETHER IF -- IF IT'S MORE HELPFUL. THE NEXT ONE IS WHAT'S DESCRIBED AS A POINT OF SALE. >> IT'S TIME FOR A BREAK. BUT PLEASE DON'T GO AWAY. MORE LIVE TESTIMONY FROM MASSACHUSETTS WHERE NEIL ENTWISTLE IS FACING DOUBLE MURDER CHARGES FOR THE SHOOTING DEATHS OF HIS WIFE AND BABY DAUGHTER. WE'LL BE RIGHT BACK. >>> UP NEXT ON "BEST DEFENSE". NEIL ENTWISTLE ACCUSED OF MURDERING HIS WIFE AND BABY. IS HE A COLD-BLOODED KILLER OR WRONGLY ACCUSED. OUR "BEST DEFENSE" STARTS RIGHT NOW. >> THIS IS THE "BEST DEFENSE." RACHEL SOUZA MET NEIL ENTWISTLE AS A COLLEGE STUDENT BACK IN 1999 WHEN SHE SPENT HER JUNIOR YEAR IN ENGLAND. A FEW YEARS LATER THE TWO MARRIED AND THEY EVENTUALLY HAD A BABY GIRL. NOW RACHEL ENTWISTLE AND HER DAUGHTER ARE DEAD. AND NEIL END WHICH ISSAL IS ON TRIAL FOR DOUBLE MURDER. THE COUPLE'S MOUNTING FINANCIAL PROBLEMS AND HIS DISSATISFACTION WITH HIS SEX LIFE DROVE HIM TO KILL. CORRESPONDENT BETH KARAS JOINS US LIVE FROM THE COURTHOUSE WITH THE LATEST. BETH, WE'RE LEARNING A BIT ABOUT NEIL ENTWISTLE'S MOVEMENTS IN TERMS OF FINANCIAL TRANSACTIONS, AREN'T WE? >> Reporter: YES, RIGHT NOW A WITNESS IS ON THE STAND GOING THROUGH THE RECORDS, SHE IS THE CUSTODIAN OF RECORDS FOR A BANK. SHE IS DEALING WITH ATTEMPTS TO TAKE OUT MONEY ON JANUARY 21 A DAY AFTER THE MURDERS, AT VARIOUS LOCATIONS AROUND LOGAN AIRPORT, AT THE AIRPORT. THEN THERE WAS A SUCCESSFUL WITHDRAWAL OF $400. SHE BACKTRACKED AND THEN GONE FORWARD TO SOME WITHDRAWALS IN THE UK. SO THAT SORT OF TRACKING HIS WHEREABOUTS THROUGH THE BANK RECORDS. BUT ALSO, IN THE BEGINNING OF HER TESTIMONY, SHE TALKED ABOUT THE JOINT ACCOUNTS THAT WERE ESTABLISHED FOR RACHEL ENTWISTLE AND HER MOM, THERE WAS A TRUST ACCOUNT FOR THE BABY AND THERE WAS A JOINT CHECKING ACCOUNT THAT RACHEL AND NEIL ENTWISTLE HAD SO THE JURY IS LEARNING A LITTLE BIT ABOUT THAT. THIS IS SOME OF THE MOTIVE EVIDENCE, ALTHOUGH THIS IS ACTUALLY MORE IMPORTANT FOR TRACKING HIS WHEREABOUTS, HOWEVER I DO EXPECT THE PROSECUTION TO DEVELOP THEIR FINANCIAL RECORDS MORE THOROUGHLY WITH OTHER WITNESSES BECAUSE THAT IS ONE OF THE MOTIVES TO THE PROSECUTION FOR THE CRIME. >> THANKS VERY MUCH. AND WE'RE GOING TO GO BACK INTO THE COURTROOM AND WHAT WE'RE LOOKING AT HERE IS A WITNESS THE PROSECUTOR AND THE POSSIBILITY OF LOOKING AT VIDEO FOOTAGE, SURVEILLANCE FOOTAGE THAT WILL SHOW US NEIL ENTWISTLE. >> WHAT WHICH HAVE IS A SITUATION WHERE WE DO GET TO SEE WHAT HE WAS UP TO. I SAY THIS, IF I MAY, THAT IT'S INTERESTING TO ME IF WE COULD ACTUALLY SEE HIS FACE. >> I DON'T KNOW HOW CLEAR HIS FACE WILL BE, I MEAN WE KNOW HE DID THIS, EVEN BY HIS OWN STATEMENTS. >> I'M SURE THE JURY IS GOING TO LOOK VERY CAREFULLY AT HIS BODY LANGUAGE, HIS EXPRESSIONS AS HE'S DOING IT, AS HE'S MAKING THESE WITHDRAWALS AFTER THE SHOCK OF DISCOVERING HIS WIFE AND DAUGHTER'S BODY, IT'S ALMOST INCONCEIVABLE. >> IT'S INTERESTING BECAUSE I CAN LOOK RIGHT NOW WITH THE REST OF OUR VIEWERS AS I GLANCE OVER TO MY MONITORS AND IT'S JUST LIKE WE DID WANT TO SEE HIM. IT MUST BE MUCH MORE CLEAR THAN THAT. IF I WERE A JUROR IN THIS CASE, I WOULD REALLY WANT TO WATCH THAT VERY, VERY CLOSELY DURING DELIBERATIONS BECAUSE I THINK WE ALWAYS TRY TO LOOK AT WHAT WE PERCEIVE SOMEONE'S DEMEANOR TO BE. I ALSO HAVE TOM McCAIN OUT IN THE FIELD, TOM McCAIN'S FORMER PROSECUTOR WITH ME OUT IN MIDDLESEX COUNTY. NOW A CRIMINAL DEFENSE LAWYER. DON'T YOU THINK, TOM, THAT THIS IS A SITUATION THAT YOU REALLY IF YOU'RE A JUROR WANT TO SEE WHAT HE LOOKS LIKE? >> WELL, I THINK YOU DO, ALTHOUGH IT IS A BIT AFTER THE FACT HERE. AND I'M NOT SURE IF YOU'RE GOING TO EXPECT HIM TO LOOK IN THE ANY SORT OF DISHEVELLED OR ANYTHING ELSE. I THINK THAT YOU MIGHT EXPECT SOME TYPE OF EMOTION OR A SENSE OF FLIGHT FROM HIS PART. AND, YOU KNOW, IT'S GOING TO CUT BOTH WAYS BECAUSE THE DEFENSE, I THINK IS TRYING TO PORTRAY HIM AS SOMEBODY WHO'S IN SHOCK. >> FAIR ENOUGH, BECAUSE HE'S EITHER IN SHOCK OR IN DISTRESS BECAUSE HE COMMITTED A HOMICIDE, TOM. OR HE'S IN SHOCK AND DISTRESS BECAUSE HE FOUND TWO BODIES. SO EITHER WAY, ALL OF HIS CRAZY MOVEMENTS, YOU KNOW, TOM, WHAT HAPPENED IS HE GOES TO THE AIRPORT, HE LEAVES THE AIRPORT, HE COMES BACK TO THE AIRPORT, HE'S TRYING TO GET MONEY TO BUY A TICKET, HE WINDS UP TAKING AN EARLIER FLIGHT. WHEN HE GETS TO ENGLAND, THERE WILL BE, WE EXPECT INFORMATION WE THROWS -- HE DROVE 800 MILES. HE SURELY DIDN'T GO STRAIGHT TO HIS PARENTS' HOUSE. THIS IS A GUY, TOM, WHERE THE PROSECUTION IS GOING TO SAY, CONSCIOUSNESS OF GUILT ALL OVER THE PLACE ON THIS FLIGHT. HOW DO YOU ANSWER THAT IF YOU'RE THE DEFENSE? >> I THINK THE ONLY THING YOU CAN SAY IS THERE BUT FOR THE GRACE OF GOD GO I, NONE OF US KNOW HOW WE WOULD HAVE REACTED IN THAT TYPE OF SITUATION AND HOPE THAT YOU GET A LITTLE BIT OR SOMETHING OUT OF THAT. BECAUSE THE CASE IS PRIMARILY HIS BEHAVIOR AFTER DISCOVERING THE BODIES. WHETHER HE KILLED THE TWO OR WHETHER HE JUST FOUND THEM, HIS BEHAVIOR WOULD INDICATE THAT HE WAS FLEEING AND AS YOU STATED, THE CONSCIOUSNESS OF GUILT. >> FAIR ENOUGH, I MARE THAT THEY ARE TALKING OVER THIS VIDEO, SO LET'S HEAR WHAT THEY HAVE TO SAY. >> AND WHETHER OR NOT THAT INFORMATION ALSO CORRESPONDS TO THE RECORDS THAT ARE NOW MARKED EXHIBIT 19 THROUGH 21, OR ACTUALLY 18, I THINK, THROUGH 21? >> YES. >> AND YOU HAD MENTIONED THE CARD OR CARDS USED SOMETIMES APPEARS ON THE LEFT SIDE THERE IN THAT BLOCK OF INFORMATION. THERE'S A SERIES OF Xs THAT YOU SEE FROM TIME TO TIME. WHAT DOES THAT REPRESENT? >> IT BLOCKS OUT THE FIRST SET OF DIGITS ON A CARD NUMBER AND PROVIDES THE LAST FOUR DIGITS. >> AND THE PURPOSE OF THAT IS? >> PRIVACY. FOR CITIZENS BANK CUSTOMERS, WHICH IN THIS CASE CITIZENS BANK CARD, THE FULL NUMBER IS AT THE TOP RIGHT OF THE SCREEN. >> BUT IF IT'S A NONCITIZEN'S BANK CARD, 12 OF THE 16 NUMBERS, IS IT FAIR TO SAY, WOULD BE BLOCKED OUT? >> CORRECT. >> AND IS IT ALSO FAIR TO SAY THAT IF THE FOUR DIGITS AT THE END OF THAT LINE OF Xs IS DIFFERENT DURING A SERIES OF TRANSACTIONS THAT THERE ARE DIFFERENT CARDS BEING USED? >> CORRECT. >> AGAIN, THOSE ARE PIECES OF BUSINESS AS WE WOULD SAY IN THE TV BUSINESS OR IN THE THEATER BUSINESS, BUT THESE ARE PIECES OF BUSINESS IN THE LEGAL WORLD TOO WHERE YOU'VE GOT A PROSECUTOR WHO NEEDS TO LAY THE PROPER FOUNDATION IN ORDER TO INTRODUCE NOT ONLY THESE BANK RECORDS, BUT CERTAINLY THE VIDEO SURVEILLANCE. I CANNOT SEE HIM ANY MORE THAN YOU CAN RIGHT NOW. SO I'M NOT SURE EXACTLY WHAT HE IS DOING. BUT THIS IS A PAINSTAKING, VERY THOROUGH PROSECUTOR AND THIS IS IMPORTANT EVIDENCE. I THINK THAT NEIL ENTWISTLE'S MOVEMENTS AS TOM McCAIN HAS POINTED OUT, HIS MOVEMENTS AFTER HE IS EITHER COMMITTED THESE CRIMES OR HE HAS FOUND THESE BODIES. SHOW US SOMETHING, AND IT'S GOING TO BE UP TO THE JURY TO DECIDE IF THIS IS WHAT WE CALL CONSCIOUSNESS OF GUILT OR IF HE IS SIMPLY IN SHOCK. WE REALLY DON'T KNOW. >> AND THERE'S ONE OTHER PIECE OF INFORMATION I WANT TO ASK ABOUT OVER THERE. THE SEQUENCE NUMBER? >> YES. >> WHAT DOES THAT REPRESENT? >> THE TRANSACTION, EACH TRANSACTION IS GIVEN A SEQUENCE NUMBER. AND IT'S LIKE A TRANSACTION NUMBER THAT WOULD BE ASSIGNED. >> IS THE TRANSACTION -- OR CAN YOU HAVE MORE THAN ONE TRANSACTION AT THE ATM MACHINE ITSELF DURING THE COURSE OF A VISIT? >> YOU CAN HAVE MORE THAN ONE TRANSACTION DURING THE COURSE OF A VISIT. >> DO THEY HAVE TO BE THE SAME OR CAN THEY BE DIFFERENT TYPES OF TRANSACTIONS. >> THEY CAN BE DIFFERENT TYPES OF TRANSACTIONS. >> WOULD THEY HAVE TO BE WITH DIFFERENT CARDS OR THE SAME CARD? >> COULD YOU WALK UP TO THE MACHINE AND USE ONE CARD FOR A SERIES OF TRANSACTIONS OR A SERIES OF CARDS FOR A SERIES OF TRANCE ACTIONS? >> YOU CAN DO EITHER. >> AND EITHER WAY, EACH OF THESE EVEPS IS A SEPARATE TRANSACTION AND GIVEN A SECOND NUMBER? >> YES. >> WHILE WE HAVE THIS PAUSE, LET'S TAKE A BREAK. WE'LL GET IT IN, WE'LL BE BACK WITH MORE LIVE TESTIMONY. >>> ELLIOT WINESTEIN BEGINNING HIS CROSS-EXAMINATION. LET'S LISTEN. >> SO THAT YOU WOULD BE ABLE TO DISCUSS THEM AND AID THE JURY TO UNDERSTAND WHAT ALL THIS PAPER MEANS? >> YES. >> AND YOU FIRST BECAME INVOLVED WITH THIS ASSIGNMENT AT THE REQUEST OF PEOPLE WITHIN CITIZEN'S BANK? OR POLICE? >> YES. >> WHICH ONE. >> I DON'T RECALL SPECIFICALLY HOW IT FIRST CAME TO ME. >> FOR CERTAIN, MASSACHUSETTS STATE POLICE WERE INQUIRING OF YOU AND CITIZENS BANK WITH RESPECT TO VARIOUS ACCOUNTS. THAT WERE HELD BY THE ENTWISTLES. >> I DON'T KNOW IF IT WAS SPECIFICALLY STATE POLICE, I DON'T KNOW WHO REQUESTED THE DOCUMENTATION. >> DID YOU MEET WITH ANY STATE POLICE INVESTIGATORS? >> I DON'T RECALL. I DON'T BELIEVE SO. >> DID YOU MEET WITH ANY POLICE INVESTIGATORS? >> I DON'T BELIEVE SO. >> DID YOU MEET WITH THE PROSECUTORS? >> YES. >> IN PREPARATION FOR THE TESTIMONY YOU'VE GIVEN HERE? >> YES. >> AND TO MAKE THEM ABLE TO UNDERSTAND THE INFORMATION THAT'S ON THE VARIOUS EXHIBITS THAT ARE NOW HERE? >> YES. >> LET ME GET THIS. >> THANK YOU. >> YOU BROUGHT WITH YOU INFORMATION REGARDING THREE BANK ACCOUNTS AND AN ATM CARD? >> YES. >> THE CARD LINKS TO ONE OF THE ACCOUNTS? >> YES. >> WHAT WE'RE TALKING ABOUT IS THREE ACCOUNTS AND ONE ATM CARD? >> YES. >> LET ME FIRST ASK YOU QUESTIONS ABOUT EXHIBIT 21. THAT WAS ON TOP WHEN I GAVE TO IT YOU. AND EXHIBIT 21 #, THAT IS A SET OF DOCUMENTS OR PAPERS THAT RELATE TO A SET OF ATM TRANSACTIONS? >> YES. >> AND DID THE ATM TRANSACTIONS THAT ARE CONNECTED WITH ONE OF THE ACCOUNTS AND THAT WAS THE CITIZEN'S BANK, RACHEL AND NEIL ENTWISTLE JOINT ACCOUNT? >> CORRECT. >> EARLIER WE SAW SOME VIDEO CLIPS FROM SURVEILLANCE CAMERAS FROM ATM MACHINES. >> YES. >> NOT EVERY EVENT THAT IS CONTAINED WITHIN THAT EXHIBIT 21, THE ATM RECORDS WAS ALSO MEMORIALIZED WITH AN ATM SURVEILLANCE CAMERA? >> CORRECT. >> SO THAT WHERE YOU COULD DO THAT, YOU MATCHED IT UP AND SOME OF THAT'S BEEN SHOWN TO THE JURY? >> YES. >> AND THEN THERE IS A COUPLE OF ITEMIZED OR INDIVIDUAL TRANSACTIONS WITH A MERCHANT FOR EXAMPLE OR A STORE THAT WAS NOT CAPTURED BY THE STORE ON ANY KIND OF SURVEILLANCE SYSTEM THAT MARRIED INTO THE ATM SYSTEM? >> WELL, I CAN'T SPEAK FOR THE STORE'S SURVEILLANCE SYSTEM, BUT WE COULD NOT HAVE VIDEO IT WAS DONE AT A RETAIL ESTABLISHMENT. >> AND I'M JUST ASKING YOU ABOUT THE ATMs THAT THE CITIZEN'S BANK HAD. LIKE THERE'S A $7.04 TRANSACTION THAT YOU JUST DISCUSSED? >> YES. >> THERE'S NO CAMERA FROM CITIZEN'S THAT MATCHES UP TO THAT EVENT? >> NO. >> BUT THERE'S NO QUESTION THAT THAT CARD IS THE RACHEL AND NEIL ENTWISTLE JOINT ACCOUNT? >> CORRECT. >> EXHIBIT 18, THAT WAS THE JOINT ACCOUNT WITH RACHEL ENTWISTLE AND PRISCILLA MATTERAZZO? >> YES. >> A SMALL AMOUNT OF FUNDS AS A CLOSING BALANCE OR LAST AVAILABLE BALANCE? >> YES. >> THEN THERE IS EXHIBIT 19? >> YES. >> AND THAT'S THE TRUST ACCOUNT THAT WAS REFERRED TO, A CUSTODIAN ACCOUNT? >> CORRECT. >> THE NAME, THE FORMAL NAME OF THAT ACCOUNT AS CITIZEN'S HELD IT? >> RACHEL ENTWISTLE, NEIL ENTWISTLE, TRUSTEE FOR LILLIAN ROSE ECHT WHICH ISSAL. >> ESSENTIALLY MONEY THAT NEIL AND RACHEL PUT INTO THE BANK FOR THE BENEFIT OF LILLIAN ENTWISTLE. >> YES. >> A COMMON TYPE OF ACCOUNT THAT ANY BANK WOULD OFFER? >> YES. >> AND THAT ACCOUNT WAS OPENED WHEN? >> NOVEMBER 9, 2005. >> WITH A FIRST BALANCE OF $60? >> YES. >> AND THEN THERE'S FURTHER ACTIVITY IN THAT ACCOUNT FOR LILLIAN? >> YES. >> THERE'S INCREASE TO THAT ACCOUNT MADE DECEMBER 14 OF 2005? >> YES. FOR $200. >> AND AN INCREASE SPECIFICALLY MEANING THAT $200 WAS DLOZ -- DEPOSITED INTO THAT ACCOUNT? >> YES. >> IS IT ANOTHER INCREASE TO THAT ACCOUNT OR A DEPOSIT MADE INTO THAT ACCOUNT ON JANUARY 3 OF 2006? >> YES. >> FOR $100? >> YES. >> SO WHAT WE HAVE HERE IS AN ACCOUNT THAT OPENED WITH $60 AND WHEN YOU LAST PULLED RECORDS FOR THAT ACCOUNT, THE BALANCE OF ABOUT $450? >> RIGHT. >> AND JUST A COUPLE OF MONTHS' TIME? >> YES. >> THE OTHER ACCOUNT THAT YOU HAVE IS THE JOINT ACCOUNT WHICH MATCHES UP TO THE ATM CARD? >> YES. >> OPENED ON NOVEMBER 9, 2005 FOR $50. >> YES. >> AND IN EARLY JANUARY, THE BALANCE IN THAT ACCOUNT WAS SIGNIFICANTLY LARGER THAN THAT INITIAL $50, WASN'T IT? >> NO. >> WELL, ON JANUARY 6 OF 2006, WAS THERE ACTIVITY OUT OF THAT ACCOUNT? >> I'M SORRY YOU SAID EARLY JANUARY? >> YES, I DID. SO LET'S GO BACK TO MY QUESTION. IN EARLY JANUARY WAS THE BALANCE IN THAT ACCOUNT SIGNIFICANTLY MORE THAN THE INITIAL $50? >> YES. >> ALL RIGHT AND SPECIFICALLY NOW, IF YOU LOOK FOR THE ACCOUNT ACTIVITY ON JANUARY 6, THERE WAS A TRANSACTION? >> YES. >> A TRANSACTION FOR A LOT OF MONEY? >> YES. >> AND SPECIFICALLY WITHDRAWN FROM THAT ACCOUNT $8,100? >> CORRECT. >> DO YOU KNOW THAT THAT MONEY WAS USED TO PUT DOWN FOR THE FIRST THREE MONTHS OF THE RENTAL IN SIX CUBS PATH IN HOPKINTON? >> YES. >> DO YOU KNOW THAT? >> YES. >> THANK YOU VERY MUCH. >> SO WE LEARN SOME THINGS HERE FROM THE DEFENSE AND, STEVE, I WOULD HAVE SAID, WELL I HAVE NOTHING TO CROSS-EXAMINATION THIS WITNESS, WHY WOULD I CROSS-EXAMINATION? WELL I SAY FROM THE POINT OF THIS SHOW, "BEST DEFENSE," HE DID A VERY, VERY GOOD JOB. AND BEFORE YOU SAY SOMETHING, I CAN SEE THAT THERE'S A LITTLE REDIRECT, SO LET'S FIND OUT WHAT THE PROSECUTOR IS DOING. >> ASSOCIATED WITH THAT ACCOUNT BASED ON YOUR REVIEW OF THOSE RECORDS? >> NO. >> NO THERE IS NOT? >> NOT THAT I KNOW OF. >> DO YOU NEED TO LOOK AT THE RECORDS AS WELL? ARE YOU SURE? >> SURE. >> I CAN'T TELL FROM THESE DOCUMENTS THAT THERE IS, BUT THERE'S NO ATM OR DEBIT CARD TRANSACTIONS ASSOCIATED WITH THIS ACCOUNT. >> THANK YOU. >> LET ME GO OVER TO SUE WITH THAT THOUGHT. I THOUGHT ELLIOT WINESTEIN DID A GOOD JOB HERE, HE LET US KNOW ABOUT A LOVING FATHER WHO'S 2K30Z SITTING MONEY, EITHER HE WAS OR RACHEL WAS, FOR THE BENEFIT OF THEIR DAUGHTER. >> HE MINED THE WITNESS PRETTY WELL. HE SHOWED PERIODIC DEPOSITS FOR THE BENEFIT OF THE INFANT ALL THE WAY UP TO JUST WEEKS BEFORE THE DEATH OF THE INFANT TO CAST DOUBT ON ANY PLOT THAT THE DEFENDANT MIGHT HAVE BEEN HATCHING TO DISPOSE OF HIS WIFE AND DAUGHTER, WHY WOULD HE BE MAKING THESE DEPOSITS IF HE HAD FINANCIAL ISSUES? >> WE'RE GOING TO TAKE A VERY SHORT BREAK, BUT BEFORE WE DO, A LOOK AT ONE OF 217 PEOPLE EXONERATED BY POST CONVICTION DNA TESTING. IN 1997, RYE DWRAN MATTHEWS WAS CHARGED WITH THE FIRST-DEGREE MURDER OF A LOUISIANA CONVENIENCE STORE OWNER. JUST 17 YEARS OLD AT THE TIME, MATTHEWS WAS STOPPED SEVERAL HOURS OF THE CRIME BECAUSE THE CAR HE WAS IN RESEMBLED ONE DESCRIBED BY WITNESSES. HE WAS CONVICTED. BUT THROUGH MORE TESTING FROM THE CRIME SCENE MATCHED A DIFFERENT MAN. AFTER SPENDING FIVE YEARS IN PRISON, MATTHEWS BECAME THE 14th INMATE EXONERATED BY POST CONVICTION DNA TESTING. WE'LL BE RIGHT BACK. >>> DURING THE BREAK, WE JUST MISSED A LITTLE BIT OF LIVE TESTIMONY. BUT I WANT TO GO TO TOM McCAIN WHO'S BEEN LISTENING AND WATCHING ALONG WITH ME. TOM, THIS IS AN IMPORTANT WITNESS FOR THIS CASE. AND I'M GOING TO HAVE YOU SHARE IT WITH OUR VIEWERS WHAT YOU JUST HEARD AND SAW. >> WELL, BASICALLY WHAT YOU HAVE GOT IS A PRELIMINARY INTRODUCTION SETTING THE STAGE THAT SHE'S THE EMPLOYEE FOR BRITISH AIRLINES WHO WAITED ON NEIL END KWIS -- ENTWISTLE THE MORNING HE WAS GETTING READY TO FLEE, IF YOU WILL, THE UNITED STATES AND HEADING BACK TO ENGLAND, GETTING A ONE-WAY TICKET. >> WE CAN GO IN LIVE AND CONTINUE WITH THE TESTIMONY. >> I WOULD SAY IT WAS A NORMAL DEMEANOR, HE WAS PLEASANT, HE WAS CALM. POLITE. >> DID HE HAVE ANYTHING WITH HIM? TERMS OF LUGGAGE OR OTHER ITEMS? AT THAT TIME, WHETHER YOU NOTICED IT? >> NOT THAT I NOTICED. >> AFTER THAT BRIEF CONVERSATION, WHAT HAPPENED NEXT? >> I CONTINUED CARRYING ON WITH MY WORK. HE WALKED AWAY FROM THE COUNTER. AND I WOULD SAY HONESTLY I DON'T KNOW THE TIME FACTOR IN BETWEEN POSSIBLY A HALF AN HOUR, POSSIBLY 45 MINUTES, HE DID COME BACK TO ME AND TOLD ME THAT HE HAD CONTACTED RESERVATIONS AND GOTTEN A TICKET ON THE FLIGHT. >> WHERE WERE YOU WHEN HE CAME BACK? >> SAME POSITION THAT I WAS, POSITION 24. >> DID HE HAVE ANYTHING WITH HIM WHEN HE RETURNED? >> NOT THAT I NOTICED. >> AND AFTER THAT SECOND BRIEF CONVERSATION, WHERE HE SAID THAT HE HAD OBTAINED A FLIGHT, DID YOU HAVE FURTHER CONVERSATION? >> I DID. >> WHAT DID YOU SAY AND WHAT DO YOU RECALL HIM SAYING? >> HE TOLD ME THAT HE HAD ARRANGED FOR A TICKET BY THE 800-NUMBER. I INFORMED HIM THAT I DID NOT HAVE A COMPUTER SYSTEM TO VERIFY THAT HE HAD PURCHASED THE TICKET. AND I ASKED HIM HE WOULDN'T MIND WAITING UNTIL THE REST OF THE PASSENGERS HAD CHECKED IN, AT WHICH POINT I COULD DEAL WITH HIM AND POSSIBLY CONTACT ANOTHER STATION IN ORDER TO VERIFY THAT HE HAD IN FACT A TICKET NUMBER FOR THE FLIGHT. >> WHAT DID HE DO WHEN YOU TOLD HIM THAT? >> HE SAID FINE, NOT A PROBLEM. HE WALKED AWAY AND I REALLY DIDN'T WATCH WHAT HAPPENED TO HIM AFTER HE LEFT. >> DID YOU GO ON WITH YOUR DUTIES? >> I DID. >> AND WERE YOU ABLE AT SOME POINT IN TIME CONFIRM WHETHER OR NOT HE WAS ABLE TO GET A TICKET? >> YES. I WOULD SAY APPROXIMATELY 7:15 WHEN ALL THE REST OF THE PASSENGERS HAD BEEN TAKEN CARE OF, HE DID COME BACK TO THE COUNTER, AT WHICH POINT WE DID HAVE THE COMPUTER SYSTEM COME BACK, WE VERIFIED THAT HE DID HAVE AN ELECTRONIC TICKET TO THE FLIGHT AND WE CHECKED HIM IN. >> AND AT THAT POINT IN TIME, WHETHER HE HAD ANY LUGGAGE WITH HIM? >> HE DID NOT HAVE ANY LUGGAGE TO CHECK IN. >> DO YOU RECALL WHAT TIME HE BOARDED? >> WELL THAT FLIGHT WAS ABOUT 20 MINUTES LATE, SO I WOULD SAY PROBABLY CLOSE TO 8:00. >> AND EVENTUALLY BRITISH AIRWAYS FLIGHT 238 DEPARTED THAT MORNING? >> IT DID. >> AND WHERE WAS IT HEADED? >> TO LONDON, ENGLAND. >> AND WHETHER THE GENTLEMAN YOU NOW KNOW TO BE NEIL ENTWISTLE BOARDED THAT PLANE? >> YES, HE WAS. >> THIS IS ACTUALLY FASCINATING TESTIMONY FROM A NUMBER OF POINTS OF VIEW. NUMBER ONE IS, THE STATEMENT OF HOW CALM MR. ENTWISTLE WAS ABOUT GETTING THIS TICKET REARRANGING THE FLIGHT, HE HAD TO CALL THE 800 NUMBER, HE HAD TO WAIT. AND I THINK THAT WE'RE JUST ENDING THE DIRECT AND MR. WINESTEIN IS UP FOR CROSS. >> YOU ENCOUNTERED NEIL ENTWISTLE? >> THAT'S CORRECT. >> AND YOU HAD SPECIAL RECOLLECTION OF WHO HE WAS BECAUSE THIS WAS A FELLOW WHO YOU HAD TO DEAL WITH INDIVIDUALLY THAT MORNING? >> THAT IS CORRECT. >> AND YOU HAD TO DEAL WITH HIM SPECIALLY BECAUSE INITIALLY THE COMPUTER TICKETING SYSTEM WASN'T WORKING? >> THAT'S RIGHT. >> HE NEEDED TO BUY A TICKET, YES? >> YES. >> BUT HE COULDN'T BUY IT AT THE COUNTER BECAUSE THE ONLY WAY A CUSTOMER CAN PURCHASE A TICKET AT THE COUNTER IS IF THE COMPUTER IS WORKING? >> THAT'S CORRECT. >> SO HE WAS DIRECTED TO YOU AND YOU SAID THERE'S A FALL BACK SYSTEM. INSTEAD OF WORKING HERE WHERE THE HUMANS ARE AND THE COMPUTER, YOU HAVE TO GO USE THE TELEPH E TELEPHONE? >> ESSENTIALLY, YES. >> AND YOU TOLD HIM THE 800 NUMBER TO CALL? >> YES. >> AND YOU HAD A PLEASANT ENOUGH CHAT WITH HIM? >> YES. >> AND AS TIME GOES BY AND HE COMES BACK TO YOU, IN EFFECT SAYS, I WAS ABLE TO DO WHAT YOU TOLD ME TO DO, GET A TICKET BY CALLING? >> THAT'S CORRECT. >> BUT YOU COULDN'T CONFIRM IT? >> NOT AT THAT POINT. >> YOU NEEDED STILL TO GET INTO A COMPUTER OR SOME OTHER METHOD? >> ABSOLUTELY. >> YOU HAD HIM WAIT, YES? >> YES. >> DIDN'T ANNOY YOU? >> NOT AT ALL. >> DIDN'T HASSLE YOU? >> NO. >> DIDN'T TRY TO HURRY YOU UP? >> NO. DIDN'T TRY TO GET AHEAD OF THE CROWD OR ANYTHING? >> NO. >> WAITED PATIENTLY? >> YES. >> FOLKS BOARDED ON THE PLANE? >> YES. >> AND YOU HAD A MOMENT TO WORK WITH NEIL TO SEE ABOUT CONFIRMING WHAT HE TOLD YOU WHICH WAS THAT HE HAD PURCHASED A TICKET WITH A PHONE, I GUESS YOU CALL IT AN E TIRKT? >> AN ELECTRONIC TICKET. >> AN ELECTRONIC TICKET? >> YES. >> YOU STARTED TO CHECK ON THAT, YOUR COMPUTERS ARE UP AGAIN? >> THAT IS CORRECT. >> AND YOU CONFIRMED THAT HE HAD A TICKET? >> YES. >> AND HE WENT ON HIS WAY? >> YES. >> AND BOARDED THE PLANE? >> YES. >> THANK YOU VERY MUCH. >> THANK YOU, YOU MAY STEP DOWN. >> I THINK IT'S INTERESTING TESTIMONY AS I SAY FROM A NUMBER OF POINTS OF VIEW. TOM McCAIN, AS YOU HAVE LISTENED TO THIS, I THINK ELLIOT WINESTEIN, A GOOD LAWYER THAT HE IS, JUST GOT EXACTLY WHAT HE WANTED. DO YOU AGREE OR DISAGREE? >> NO, I AGREE. I MEAN I DON'T THINK THAT THERE'S A WHOLE LOT THAT HE CAN GET. HE BASICALLY SHOWED THAT NEIL ENTWISTLE WAS ENGLISH AND NOT FROM NEW YORK CITY. >> WELL, THAT'S A FAIR COMMENT. >> STEVE, AS THE NEXT WITNESS IS COMING UP TO THE STAND, I MAY SHUT YOU OFF FAIRLY QUICKLY. THE ONLY THING I THINK THE PROSECUTION GETS OUT OF THIS IS THE FACT OF FLIGHT, WHAT THE DEFENSE GETS OUT OF THIS IS THE FACT OF FLIGHT. SO I DON'T KNOW IF WE HAVE AN EVEN SPLIT HERE. >> I THINK IT'S KIND OF A WASH. BUT WE TALKED ABOUT HOW DOES SOMEBODY GO TO LOGAN AIRPORT WITH TWO HOURS NOTICE, GET A ONE-WAY TICKET WITH NO LUGGAGE AND NOT GET THE SCRUTINY OF HOMELAND SECURITY, IT'S BIZARRE. >> IT'S ACTUALLY A BIT OF FOOD FOR THOUGHT. WHICH I THINK WE ALL OUGHT TO BE THINKING ABOUT, AFTER ALL IT'S BRITISH AIRWAYS TOO. LET'S GO DOWN AND LISTEN TO THE TESTIMONY. >> CLOSER TO THE MICROPHONE SO THAT IT PICKS UP YOUR VOICE. THANK YOU. >> UH-HUH. >> GOOD AFTERNOON, MA'AM. >> GOOD AFTERNOON. >> WHERE DO YOU LIVE? >> I LIVE IN WINDHAM, NEW HAMPSHIRE. >> WHAT DO YOU FOR WORK? >> I'M THE TICKET AGENT AT LOGAN AIRPORT. >> HOW LONG HAVE YOU BEEN DOING THAT? >> 24 YEARS. >> HOW LONG AT LOGAN? >> 3 1/2. >> WHERE AT LOGAN AIRPORT IN PARTICULAR DO YOU WORK? >> TERMINAL E. >> AND TERMINAL E, IS IT KNOWN AS A PARTICULAR TERMINAL? >> IT'S THE INTERNATIONAL TERMINAL. >> BRITISH AIRWAYS AND A TICKET COUNTER AND OFFICES LOCATED THERE? >> THAT'S OUR OPERATIONS. >> AS A CUSTOMER SERVICE SUPERVISOR I THINK YOU SAID. >> I'M THE CUSTOMER SERVICE MANAGER. >> MANAGER, I APOLOGIZED. >> DUTIES AND RESPONSIBILITIES. >> DUTIES, TO OVERSEE THE OPERATION, TO MAKE SURE WE'RE COMPLIANT WITH THE CAA, FAA, CSA, DEPARTMENT OF TRANSPORTATION. GIVE THE STAFF THE TOOLS THEY NEED TO PERFORM THEIR JOBS. MAKE SURE THE PLANE GOES IN AND OUT SAFELY EVERY DAY. >> HOW LONG HAVE YOU BEEN DOING THAT? >> ABOUT 23 YEARS NOW. >> AND I TAKE IT YOU HAVE BECOME FAMILIAR WITH THE WORKERS OF BRITISH AIRWAYS, AND THE WORK G WORKINGS OF THE AIRWAYS IN GENERAL? >> WHAT DO YOU SEE AS BEING THE CUSTOMARY RECORDS AND DOCUMENTS AS A RESULT OF BRITISH AIRWAYS BUSINESS? >> IT'S MY JOB TO MAKE SURE THEY'RE MAINTAINED? >> AND WHAT TYPE OF SERVICE DOES BRITISH AIRWAYS PROVIDE TO THE PUBLIC? >> IT'S AIRLINE SERVICE TO LONDON. >> DOES IT FLY ANYWHERE ELSE IN LONDON, I'M SORRY IN ENGLAND? >> NOT OUT OF THE BOSTON LOGAN, NO. >> AND IN PROVIDING THAT SERVICE, AS BRITISH AIRWAYS MADE AVAILABLE A NUMBER OF DIFFERENT WAYS THAT A CUSTOMER CAN PURCHASE A TICKET? >> OH, YEAH. >> HOW CAN YOU DO THAT? >> YOU CAN PURCHASE ONLINE, YOU CAN PURCHASE THROUGH A TRAVEL AGENCY, YOU CAN CALL OUR RESERVATIONS CENTER, OR YOU CAN COME IN IN PERSON AND PURCHASE A TICKET. >> AND WHETHER OR NOT WHEN YOU FLY BRITISH AIRWAYS OUT OF LOGAN AIRPORT, TWO ENGLAND, IS THERE CERTAIN DOCUMENTATION THAT YOU HAVE TO HAVE OR PROVIDE TO BRITISH AIRWAYS BEFORE YOU CAN GET A TICKET, GET ON THE PLANE, ET CETERA? >> BEFORE YOU CAN GET ON THE PLANE, YOU HAVE TO PRODUCE A TICKET AND A DOCUMENT MEANING EITHER A PASSPORT IS DEFINITELY REQUIRED TO LEAVE THE COUNTRY AND DEPENDING ON WHAT YOUR FINAL DESTINATION IS, YOU COULD NEED A VISA. >> WHAT OTHER TYPES OF DOCUMENTS ARE GENERATED THAT YOU WORK WITH ON A DAILY BASIS IN CONNECTION WITH THE BUSINESS OF TICKETS BEING PURCHASED AND FLYING PEOPLE BRITISH AIRWAYS? >> WE GENERATE AT CHECK IN, WHEN A PASSENGER CHECKS IN, WE WOULD ISSUE A BOARDING CARD, WE WOULD ISSUE BAGGAGE TAGS, IF YOU HAVE BAGGAGE, WE WOULD ISSUE COUPONS FOR ANY EXCESS BAGGAGE THAT YOU PAID FOR OR ANY EXTRAS LIKE AN UNCOMPANIED MINOR WOULD HAVE TO PAY AN EXTRA FEE. >> ARE TICKETS ALSO ASSOCIATED? >> WELL, WHEN YOU STAY TICKETS, THEY PRODUCE A TICKET, WE DON'T PRODUCE A TICKET. >> BUT IT'S A DOCUMENT THAT'S GENERATED AS PART OF THE TRANSACTION? >> UH-HUH. WE TAKE THE TICKET IN EXCHANGE FOR YOUR TRAVEL. >> WHAT SORT OF RECORDS ARE MAINTAINED INSIDE BRITISH AIRWAYS TO REFLECT THAT THAT TRANSACTION, THAT TICKET HAD BEEN PURCHASED AND THE PERSON HAD ARRIVED AT THE AIRPORT AND GOT ON THE PLANE, ET CETERA. >> IT'S NUMEROUS. WE HAVE A PASSENGER NAME LIST, WHICH WE PRICHBT THE EVENING BEFORE TO LET US KNOW WHO'S GOING TO BE TRAVELING THE NEXT DAY, SO WE CAN PREPARE FOR CATERING, PREPARE FOR FUEL. THEN WE HAVE A CHECK IN LIST AND WE HAVE A SEAT LIST, WE HAVE SPECIAL MALE -- MEAL LIST, A SPECIAL PASSENGER LIST. THERE'S NUMEROUS LISTS. >> AND THOSE ARE GENERALLY GENERATED BY WAY OF A COMPUTER THESE DAYS? >> YES. >> FROM TIME TO TIME IN THE COURSE OF YOUR BUSINESS, ARE SOME OR ALL OF THOSE DOCUMENTS GENERATED MANUALLY? >> HOPEFULLY NOT, BUT WHEN WE HAVE TO, THEY ARE -- WE ARE REQUIRED TO MAINTAIN A FLIGHT FILE. WE WOULD ONLY DO IT MANUALLY WHEN THE COMPUTERS ARE DOWN. >> SO IS IT FAIR TO SAY WHETHER THEY'RE PRODUCED MANUALLY OR BY COMPUTER, THEIR RECORDS OF THE TRANSACTIONS THAT BRITISH AIRWAYS UNDERTAKES IN ITS PROVISION OF FLIGHT SERVICE TO CUSTOMERS? >> YES. IS IT THE REGULAR COURSE OF BRITISH AIRWAYS' BUSINESS TO MAKE THOSE RECORDS IN GOOD FAITH? >> OH, YEAH. >> AND FOR A BUSINESS PURPOSE? >> DEFINITELY. >> ARE THEY MADE IN THE REGULAR COURSE OF BRITISH AIRWAYS BUSINESS AS A FLIGHT PROVIDER? >> AND EVERY FLIGHT IT'S REQUIRED. >> IS IT THE REGULAR COURSE OF BRITISH AIRWAYS TO MAKE THOSE RECORDS AT OR ABOUT THE -- VARIOUS RECORDS AT OR ABOUT THE TIME OF THE TRANSACTION THAT TAKES PLACE AND THAT'S REFLECTED IN THOSE RECORDS? >> YES. >> I WANT TO CALL YOUR ATTENTION, MA'AM, TO SATURDAY, JANUARY 21st, 2006. WERE YOU ASKED AT SOME POINT IN TIME TO PROVIDE RECORDS ASSOCIATED WITH A FLIGHT LEAVING LOGAN AIRPORT, IN PARTICULAR FLIGHT, BRITISH AIRWAYS FLIGHT 238 LEAVING IN THE MORNING OF SATURDAY JANUARY 21st, 2006? >> YES. >> TIME TO TAKE A BREAK. BUT FIRST HERE'S A LOOK AT WHAT SOME OF YOU HAVE BEEN SAYING ABOUT THE CASE #. MARSHA IN VERMONT WRITES, THE ONLY WAY THE DEFENSE IS GOING WIN IN THIS CASE IS TO HAVE ANOTHER SUSPECT TO INTRODUCE TO THE JURY. >> BARBARA FROM CALIFORNIA SAYS NEIL ENTWISTLE DEFINITELY HAS AN EVIL LOOK ABOUT HIM AND REMINDS ME OF SCOTT PETERSON. HOWEVER JUST MISS LOOK OR HIS ATTITUDE DOESN'T MAKE HIM GUILTY. I READ YOUR COMMENTS, KEEP THEM COMING, WE'LL BE RIGHT BACK. >>> LET'S CONTINUE WITH THE LIVE TESTIMONY, WE'RE DEALING WITH SOME RECORDS HERE HAVING TO DO WITH BRITISH AIRWAYS. >> AND THERE'S JUST A LITTLE PAUSE IN THE ACTION. ACTUALLY THAT'S A PRETTY GOOD VIEW OF THE COURTROOM FOR YOU THAT I CAN SEE. YOU GET A SENSE OF THE SIZE OF IT. JUDGE DIANE KOTTMYER ON THE BENCH. WHERE THE DEFENSE TABLE, WE DON'T VIEW THE DEFENSE TABLE PER RULING OF THE JUDGE FROM THE FRONT. THAT'S MR. ELLIOT WINESTEIN, THE DEFENDANT, STEPHANIE PAGE CO-COUNSEL ON THE OTHER SIDE. >> GET IT OFF THE RECORD, STEP OVER TO THE VIEWER, AND EXHIBIT NUMBER 21 IS ON THE SCREEN. CAN YOU TELL US THE VARIOUS PIECES OF INFORMATION THAT APPEAR ON THERE? >> IT SAYS J.A.X. WHICH STANDS FOR THE THREE-LETTER CODE FOR JACKSONVILLE. THAT IS WHERE OUR TELEPHONE CALL CENTER IS WHERE YOU MAKE RESERVATIONS. >> WHY WOULD THAT APPEAR ON THAT PARTICULAR DOCUMENT? WHAT'S THE SIGNIFICANCE OF IT APPEARS ON THAT DOCUMENT. >> EXCUSE ME, YOU HAVE TO -- IF YOU'RE ABLE TO, PLEASE PROJECT YOUR VOICE AND SPEAK MORE LOUDLY. >> I'M SORRY. >> THANK YOU. >> MA'AM, LET ME SUGGEST THIS, WHEN YOU TURN YOUR BODY THIS WAY AND SPEAK TOWARD ME. >> OKAY. WHAT THAT NOTIFIED ON ANY AND EVERY RESERVATION IS WHO IS THE PARTY THAT MADE THE BOOKING. IT COULD HAVE A TRAVEL AGENCY IN THERE, IT COULD HAVE AN AIRLINE. THIS ACTUALLY IS THE CODE FOR OUR CALL CENTER. AND IT ALSO INCLUDES THEIR AGENT WHO WAS 7 RR WHO MADE THE BOOKING. >> SO THERE'S AN AGENT NUMBER ON THERE. AND THE CALL CENTER, DO YOU REACH IT BY CALLING A 1-800-NUMBER? >> YES. >> CAN YOU TELL US BY THE DOCUMENT THE DATE AND THE APPROXIMATE TIME WHEN THE CALL WAS MADE OR THE REDS VEGAS WAS MADE? >> THE RESERVATION WAS MADE ON THE 21st OF JANUARY AT 20:06 ZULU TIME. >> AND WHAT IS ZULU TIME. >> IT'S BECAUSE WE'RE A BRITISH CARRIERS AND MOST BRITISH CARRIERS GO BY DULU TIME. IT'S MINUS FIVE HOURS. >> WHEN YOU SAY THE UNITED STATES, YOU MEAN THE AIRPORT OR AT LEAST LOGAN AIRPORT? >> YES. >> IS THE PASSENGER NAME ON THERE? >> IT'S ON HER, ENTWISTLE. NEIL, MR. >> AGAIN, IF YOU COULD FACE OUT. >> THE PASSENGER'S NAME IS LOCATED AT THE TOP, ENTWISTLE, MALE, MR. THE FLIGHT NUMBER, BRITISH AIRWAYS FLIGHT 238, THE B IS THE CLASS OF SERVICE HE BOOKED IN. THE 21st OF JANUARY. SIX STANDS FOR SATURDAY AND THE ROUTING WAS BOSTON TO LONDON HEATHROW. >> AND THE B STANDS FOR THE CLASS, WHAT CLASS WOULD THAT BE? >> THAT WOULD BE ECONOMY SEATS. >> THAT TELLS YOU THAT FLIGHT 238, HE HAD A SEAT ON THAT IN THE BUSINESS CLASS LEAVING THAT SATURDAY, THE 21st FROM BOSTON TO LOGAN? EXCUSE ME FROM -- >> A RESERVATION THERE. >> A RESERVATION FROM BOSTON TO LHR. >> LHR. >> AND THAT IS? >> THAT IS HEATHROW. >> AND IS THERE INFORMATION CONCERNING THE TYPE OF TICKET, ROUND TRIP, ONE WAY? >> IT'S A ONE-WAY TICKET BECAUSE IT DOES NOT SHOW THE RETURN FLIGHT. THERE'S ONLY ONE WHAT WE CALL SEGMENT. >> AND WHAT ABOUT THE PRICE INFORMATION, WHAT IT COST, HOW HE PAID, ET CETERA. TELL US WHERE THAT IS AND POINT IT OUT THE BEST YOU CAN. >> START OFF WITH IN ORDER TO MAKE A RESERVATION OVER THE PHONE, YOU HAD TO PAY A $20 CHARGE, A SERVICE FEE. THEN YOU COME DOWN FURTHER AND THERE'S YOUR TICKET NUMBER THAT SHOWS THAT THIS NUMBER, THIS TICKET NUMBER WAS ISSUED AT $787.50 AND THAT'S U.S. DOLLARS. ON THE 21st OF JANUARY. >> DOES IT INDICATE THE METHOD OF PAYMENT? >> FORM OF PAYMENT AND IT WAS A VISA CARD. THERE YOU HAVE YOUR $20 SERVICE CHARGE. AND YOU COME DOWN FURTHER, IT'S WHAT WE CALL A TICKET BY MAIL, BUT IT'S JUST A CODE THAT WE MUTT IN THERE, THIS IS ALSO HOW YOU PAY FOR AN E TICKET. SO YOU HAVE THE NAME ON THE CARD WAS NEIL ENTWISTLE. IT WAS A VISA. AND IT'S A VISA CARD NUMBER AND THE EXPIRATION WAS 12: -- 12/08. >> WHEN YOU SAY A VISA, NOT A TRAVEL VISA, THE CREDIT CARD. >> THE CREDIT CARD. >> THAT WOULD BE THE METHOD OF PAYMENT FOR THAT PARTICULAR -- >> AND THEN DOWN HERE IS WHERE YOU HAVE YOUR TICKET NUMBER AGAIN. THE BANK ISSUING THE VISA CREDIT CARD WAS BANK PROVIVIAN AND ONE OF THE REQUIREMENTS THAT BRITISH AIRWAYS HAS WHEN YOU PAY FOR A TICKET OVER THE PHONE, IN ORDER TO ENSURE THAT YOU ARE ACTUALLY THE CARD HOLDER, WE ASK FOR THE SECURITY NUMBER OFF OF THE BACK OF THE CREDIT CARD AND WE ALSO ASK FOR THE BILLING ADDRESS OF THE CREDIT CARD. AND THAT'S WHAT'S SHOWN RIGHT DOWN HERE. >> AND IS THERE ANY OTHER IDENTIFYING INFORMATION THAT APPEARS ON THERE? EMAIL INFORMATION OR THE LIKE THAT'S OFTEN GATHERED AS PART OF THE TRANSACTION, RESERVATION TRANSACTION? >> THERE'S NO E-MAIL ADDRESS ON HERE BECAUSE IT WAS GOING TO BE AN E TICKET. SO THAT'S WHERE THAT SHOWS UP HERE. E TICKET. SO WE DIDN'T INQUIRE TO HAVE AN E-MAIL ADDRESS AT THIS POINT BECAUSE HE'S FLYING ON THE DAY OF. >> NONETHELESS, I DRAW YOUR ATTENTION TO LINE SEVEN OR EIGHT. DOES THAT APPEAR TO BE AN E-MAIL ADDRESS. >> THIS IS AN E-MAIL ADDRESS, BUT IT WASN'T REQUIRED DEFINITELY THAT DAY. >> SO IT WASN'T ASSOCIATED WITH A TICKETING TRANSACTION? >> NO. >> THIS IS FOR LIKE FURTHER CORRESPONDENT THAT WE MAY HAVE TO DO WITH THE PASSENGER IN CASE THEIR FLIGHT'S DELAYED OR CANCELED. >> FINALLY FROM THAT, MA'AM, CAN YOU TELL US HOW THAT RESERVATION WAS DELIVERED, EITHER TO THE PURCHASER OR TO THE TICKET COUNTER? WAS IT DONE PHYSICALLY OR ELECTRONICALLY OR IS THAT INFORMATION ON THERE? >> IT WAS DONE ELECTRONICALLY AND THAT'S WHERE AN E TICKET, OKAY, E TICKET. AND THAT'S TWO, FOUR, SEGMENT FOUR. SO THAT'S CONFIRMED. >> YOUR HONOR, FOR THE RECORD, I'M GOING TO PUT PAGE TWO ON THE VIEWER. >> WELL, AS THEY TOOK A PAUSE FOR A MOMENT, IT GIVES ME A CHANCE TO CLOSE IT UP BY GOING BACK TO MY GUEST. OUT IN MASSACHUSETTS. TOM McCAIN, WHAT ARE YOUR THOUGHTS AT THIS STAGE OF THE TRIAL? >> I'M A LITTLE SURPRISED AT THE STEPS THAT MICHAEL FABBRI IS TAKING, THE PROSECUTOR. I DON'T THINK HE HAS GRABBED THE CASE YET. THE JURY, I THINK HAS A POSSIBILITY THAT THEY'RE GOING TO JUST WAIVER A LITTLE BIT AND NOT BE THAT INTERESTED. I'M SURPRISED THAT HE DIDN'T FOCUS INITIALLY ON THE MURDER SCENE AND GET THE ATTENTION OF THE JURY, TRAP THEM IN AND THEN MOVE TO THIS MATERIAL. >> INTERESTING THOUGHT. STEVE, WHEN WE'RE LISTENING WHERE THIS IS EARLY ON THE PROSECUTION SIDE OF THE CASE, SO ALMOST ALWAYS IT GOES FOR THE PROSECUTION UNTIL THE DEFENSE CAN BRING IT BACK. SO WHERE ARE YOU RIGHT NOW WITH THIS CASE, IF YOU'RE AN OBJECTIVE OBSERVER? >> I'M PUZZLED BY THE BEHAVIOR. I THINK THE PRUSER IS TRYING TO SHOW THAT THE DEFENDANT HAD A COMPLETE EMOTIONAL DISCONNECT AFTER THE -- EVEN IF HE'S -- AND HE IS PRESUMED INNOCENT, HE DISCOVERS THE BODIES OF HIS WIFE AND HIS DAUGHTER, HE'S ABLE TO DO ALL THESE TRANSACTIONS, ALL THESE ATM TRANSACTIONS, HE'S ABLE TO BUY A TICKET WITH VISA, HE'S ABLE TO GET HIMSELF ON THE PLANE TWO HOURS EARLIER THAN THE TICKET HE PURCHASED AND RESERVED. IT SHOWS A COMPLETE EMOTIONAL DISCONNECT AND I THINK THE PROSECUTION'S PAINTING HIM AS A COLD HEARTED KILLER. >> EITHER WAY, STEVE, RIGHT? EITHER WAY. >> EVEN IF HE IS INNOCENT, THERE'S SOMETHING EMOTIONALLY DISTURBED ABOUT HIM IN THAT HE'S SO DISCONNECTED, HE'S ABLE TO DO THESE THINGS WHEN MOST PEOPLE WOULD BE PARALYZED, CALL 911 AND BE ABSOLUTELY INCAPABLE OF DOING ANYTHING. >> FAIR ENOUGH. I FIND THIS CASE ABSOLUTELY FASCINATING FOR A NUMBER OF REASONS, INCLUDING THE FACT THAT I KNOW SO MANY OF THE PLAYERS AND IT'S BACK WHERE I PRACTICED LAW AS A YOUNG PROSECUTOR AND THEN AS AN OLDER CRIMINAL DEFENSE LAWYER. AND WITH THAT, THE "BEST DEFENSE" IS GOING TO REST FOR THE DAY. IT'S TIME NOW TO CHECK IN WITH ASHLEIGH BANFIELD FOR A LOOK AT WHAT'S COMING UP ON "BANFIELD & FORD." HOW ARE YOU ASHLEY? >> CAN YOU SEE WHAT I'M HOLDING IN MY HANDS? >> I CAN'T READ IT. >> IT'S VERY TRICKY IN TV SPEAK TO BE ABLE TO DO THIS. THIS IS THE FLURRY OF MOTIONS IN LIMB MINI. ALL THE THINGS THAT NEIL WENTISTAL'S DOES NOT WANT HIM TO SEE. DID I SAY 14? >> THERE'S -- DON'T LOSE THAT NUMBER. I HAVE ALWAYS WANTED TO SAY, DON'T LOSE THAT NUMBER. >> I BET YOU HAVE THOUGHT ABOUT IT EARLIER. >> WE HAVE BEEN PLAYING THIS ALL MORNING. I LIKE THAT. IT'S VERY CLEVER. >> I LOVE IT WHEN YOU COME VISIT. >> IT'S MY PLEASURE TO BE BACK HERE. ASHLEY WE'RE GOING TO SEE YOU AND JACK IN JUST A FEW MINUTES. BUT FIRST I WANT TO GIVE A BIG THANKS TO MY GREAT GUESTS HERE. STEPHEN AND TOM, THANKS FOR JOINING ME. AND I HOPE TO SEE YOU BOTH AGAIN REALLY SOON. I'M COMING BACK HERE TOMORROW FOR ANOTHER EDITION OF THE "BEST DEFENSE". THANKS FOR WATCHING. PLEASE STAY TUNED. |