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>>> DID YOU MAKE SOME PLANS? >> WE DID. >> AND WHAT PLANS DID YOU MAKE AS A RESULT OF THAT PHONE CALL? >> I WAS GOING TO, WITH MY SISTER, GO AND VISIT HER THAT FOLLOWING SATURDAY. >> SO THAT WOULD BE SATURDAY, JANUARY 21st, 2006? >> YES. AS SOON AS I WAS READY TO GO, I CALLED RACHEL BECAUSE WE WERE RUNNING LATE. >> WERE YOU ABLE TO GET THROUGH TO HER? >> NO. >> AND THAT WAS ONLY THE BEGINNING OF JOANNA GATELY'S LONG ORDEAL TO FIND HER MISSING FRIEND. RACHEL ENTWISTLE WAS LATER FOUND MURDERED IN HER MASSACHUSETTS HOME. THAT'S COMING UP RIGHT NOW ON OPEN COURT. GOOD MORNING AND WELCOME TO OPEN COURT. I'M LISA BLOOM. 27-YEAR-OLD RACHEL ENTWISTLE AND HER -MONTH-OLD DAUGHTER LILLIAN WERE SHOT TO DEATH IN THE BEDROOM OF THEIR HOME. RACHEL'S HUSBAND WAS ARRESTED FOR THE CRIME BUT ONLY AFTER POLICE TRACKED HIM DOWN TO HIS NATIVE ENGLAND. THE PROSECUTION'S CASE IS UNDER WAY. THE JURY HAS JUST HEARD FROM RACHEL'S GOOD FRIEND JOANNA GATELY. >> BETH KARAS JOINS US LIVE FROM MASSACHUSETTS WITH THE BIGGEST MOMENT FROM THE TRAIL YESTERDAY. GOOD MORNING, BETH. >> Reporter: GOOD MORNING, LISA. AS YOU JUST MENTIONED, JOANNA GATELY TESTIFIED YESTERDAY AFTERNOON, A DEAR FRIEND OF RACHEL ENTWISTLE'S SINCE THEIR COLLEGE DAYS. SHE AND HER SISTER WERE SUPPOSED TO HAVE DINNER ON SATURDAY NIGHT, JANUARY 21st, 2006, WITH RACHEL, NEIL, AND LILLIAN. THEY WENT TO THE HOUSE JUST BEFORE 7:30 P.M. AND FOUND NO ONE HOME. JOANNA GATELY DESCRIBED WHAT THEY DID. >> WHEN YOU GOT TO THE FRONT DOOR, WHAT DID YOU DO? >> WE RANG THE DOORBELL. >> DID YOU GET AN ANSWER? >> NO. >> WHAT DID YOU DO NEXT? >> WE KNOCKED ON THE GLASS DOOR AND OPENED THE GLASS DOOR TO KNOCK ON THE WOODEN DOOR INSIDE. >> DID YOU GET A RESPONSE FROM THAT? >> NO. >> WHAT DID YOU DO NEXT? >> WE MAY HAVE CIRCLED THE HOUSE AGAIN. EVENTUALLY WENT BACK TO THE CAR. I WAS ON THE PHONE WITH PRISCILLA MOST OF THE NIGHT. >> AFTER A PERIOD OF TIME DID SOMEBODY ELSE ARRIVE AT 6 CUBS PATH? >> AFTER A PERIOD OF TIME PRISCILLA DECIDED TO CALL THE POLICE. >> Reporter: SHE HAD CALLED THE POLICE TOGETHER WITH PRISCILLA MATTERAZZO, THE MOTHER OF RACHEL ENTWISTLE. JOANNA GATELY SAID SHE WAS ON THE PHONE WITH PRISCILLA MATTERAZZO THROUGHOUT THAT EVENING AND THE NEXT DAY. THE POLICE ARRIVE. TWO OFFICERS DO A CURSORY SEARCH. THEY SEE NOTHING OUT OF THE ORDINARY. JOANNA WENT IN WITH HER SISTER. SHE WAS ABLE TO WALK THE DOG AND THEN PUT THE DOG BACK. SHE STAYED UP ALL NIGHT SITTING VIGIL OUTSIDE THAT HOUSE ONLY LEAVING PERIODICALLY TO USE A RESTROOM ELSEWHERE AND STARTING UP THE CAR TO WARM IT UP. IT WAS THE DEAD OF WINTER. IT WAS JANUARY 21st, AND THE NEXT DAY, OF COURSE, SHE GOES TO THE POLICE STATION LATE AFTERNOON, EARLY EVENING, WITH THE MATTERAZZOS TO FILE A MISSING PERSON'S REPORT. THAT'S WHEN SHE LEARNS THAT THE BODIES HAVE BEEN FOUND. >> AS YOU SAY, IT WAS SO COLD. HAD TO HAVE BEEN SO COLD IN BOSTON IN JANUARY. YOU SEE PICTURES OF THE SNOW-COVERED HOUSE AND SNOW-COVERED STREETS. TO SIT OUT AND DO THAT ALL NIGHT VIGIL UNDER THOSE CONDITIONS, PARTICULARLY LOYAL FROM JOANNA GATELY. WE HAVE A BITE OF HER ON THE STAND TALKING ABOUT BEING IN THE POLICE STATION WHEN SHE GOT THE NEWS. TAKE A LISTEN. >> AT SOME POINT IN TIME DID YOU RECEIVE SOME NEWS ABOUT RACHEL ENTWISTLE AND LILLIAN ENTWISTLE? >> YES. >> DID YOU SPEND AN ADDITIONAL PERIOD OF TIME AT THE STATION THAT EVENING? >> YES. >> WHAT DID YOU DO WHEN YOU WERE THERE? >> I WAS INTERVIEWED BY ONE OF THE DETECTIVES. THEY TOOK MY FINGERPRINTS. I SPENT SOME TIME -- MY FAMILY CAME. >> WHAT ABOUT MAUREEN? WAS SHE THERE AS WELL? >> YES. >> AND DO YOU RECALL WHAT TIME YOU LEFT? >> AROUND MIDNIGHT. >> ABSOLUTELY EMOTIONAL I THINK TESTIMONY. IF I HAD BEEN IN THAT COURTROOM. BETH, HOW IS THE JURY REACTING TO JOANNA GATELY? >> Reporter: YOU KNOW, THE JURY JUST PAID VERY CLOSE ATTENTION. VERY CLOSE ATTENTION, BUT THEY HAVE BEEN WITH ALL OF THE WITNESSES, 23 WITNESSES HAVE TESTIFIED SO FAR IN THREE DAYS. THE PROSECUTION SAID THEY'RE KIND OF AHEAD OF SCHEDULE AT THIS POINT. I DON'T KNOW IF THINGS WILL SLOW DOWN, BUT IT MAY NOT TAKE THE AMOUNT OF TIME THEY ORIGINALLY ANTICIPATED BECAUSE IT'S MOVING AT SUCH A CLIP. IN FACT, TODAY THEY'RE SETTING UP MONITORS IN THE COURTROOM DIRECTLY IN FRONT OF THE JURY BECAUSE LATE MORNING THE JURY IS GOING TO SEE PHOTOS AND/OR VIDEO FROM THE SCENE, AND IT'S NOT GOING TO BE DISPLAYED TO THE PUBLIC GALLERY, BUT THE JURORS WILL SEE THE MASTER BEDROOM. >> IT'S ALSO CHILLING THAT JOANNA GATELY, ALONG WITH THE POLICE, WALKED THROUGH THAT HOME AND I THINK MOST OF US BELIEVE THAT THE BODIES WERE IN THE BED AT THAT TIME WITH THE COMFORTER OVER THEM. I GUESS IT'S POSSIBLE THE BODIES COULD HAVE BEEN SOMEWHERE ELSE, ULTIMATELY MOVED THERE, BUT IT SEEMS AS THOUGH THAT IS WHERE THEY WERE KILLED. THE BODIES WERE THERE THE WHOLE TIME. THE POLICE MISSED IT. JOANNA GATELY MISSED IT, BUT SHE DESCRIBED THE INTERIOR OF THAT HOME WHEN SHE WALKED THROUGH. HOW DID SHE DESCRIBE THE INSIDE OF THE HOME? >> Reporter: WELL, THE JURY HAD SEEN A DIAGRAM, A LAYOUT OF THE HOME. THERE'S -- THE BASEMENT LEVEL, THE FIRST FLOOR AND SECOND FLOOR. THE LIVING ROOM AND FAMILY ROOM ON THAT FIRST FLOOR, AND SHE SAID THERE WAS A TELEVISION ON IN THE FORMAL LIVING ROOM. SHE DIDN'T CHANGE THE CHANNEL OR ANYTHING. IN FACT, AFTER HER WALK THROUGH OF THE HOUSE, AT ONE POINT SHE STAYED IN THERE TO WAIT I THINK FOR THE ARRIVAL OF THE POLICE OR AT ONE POINT SHE STAYED INSIDE WITH HER SISTER, JUST WATCHED WHAT WAS ON THE TV NOT KNOWING THESE BODIES WERE UPSTAIRS. SHE DESCRIBED FOUR BEDROOMS UPSTAIRS, BUT SHE HEARD MUSIC. SHE DIDN'T KNOW THE MUSIC WAS COMING FROM BABY LILLIAN'S ROOM UNTIL AFTER SHE LEFT THE MASTER BEDROOM. THERE WAS A LARGE WALK IN CLOSET. JOANNA GATELY HAD ASSISTED IN THE MOVE AND THEY DIDN'T HAVE THAT MANY THINGS IN THE HOUSE AT THAT POINT. SHE DIDN'T SEE ANYTHING REALLY OUT OF THE ORDINARY IN THE CLOSET. SHE WENT IN THE BATHROOM, AND NO ONE REALLY FOCUSED ON THE BED OR WENT OVER TO THE BED. IT JUST LOOKED LIKE IT WAS UNMADE. RACHEL ENTWISTLE IS A SMALL WOMAN. SHE WAS ABOUT 5 FEET TALL, MAYBE AN INCH ARE SO TALLER THAN THAT. IF SHE WAS CURLED UP IN BED, HAD BEEN SLEEPING, THAT MIGHT BE THE THEORY SHE WAS KILLED IN HER SLEEP, SHE HAD HER BABY NESTLED INTO HER, THE BANK KETS PILED ON TOP OF THEM MAY HAVE BEEN AN UNDERSTANDABLE OVERSIGHT ON THE PART OF THOSE WHO WERE MAKING THIS CURSORY SEARCH LOOKING FOR A PERSON IN DISTRESS. >> AND WE ALSO HEARD SOME TESTIMONY YESTERDAY FROM PARKING LOT STAFF AT LOGAN AIRPORT. WHY WAS THAT SIGNIFICANT, BETH? >> Reporter: WELL, THIS WAS TO TRACE THE STEPS OF NEIL ENTWISTLE IN THE 24-HOUR PERIOD OR SO AFTER WHAT THE PROSECUTION SAYS WAS THE TIME OF THE SHOOTING. AT ABOUT 7:00 IN THE MORNING ON FRIDAY JANUARY 20th, THEY SAY THE SHOOTINGS TOOK PLACE. ROUGHLY AROUND THEN. HE LEAVES FOR ENGLAND ON A ONE-WAY TICKET CHECKING NO LUGGAGE AT 8:15 THE FOLLOWING MORNING. SO HE CAN BE SEEN OR AT LEAST THE CAR LEASED TO THE ENTWISTLES IS CAUGHT ON VIDEO AND THEN THERE ARE PARKING TICKETS ENTERING LOGAN AIRPORT, ONE OF THE PARKING FACILITIES, EXITING A LITTLE OVER AN HOUR LATER, AND THEN RE-ENTERING. THIS IS THE EVENING OF THE 20th, LIKE 8:14 I THINK IT ENTERS. LEAVES AROUND 9:35ISH AND THEN COMES BACK AROUND 10:15ISH, GIVE OR TAKE A FEW MINUTES. HE'S PHOTOGRAPHED AT A PAY -- PARKING PAY MACHINE AT ABOUT THE 9:30 -- WELL, ACTUALLY THE PHOTO SAYS 10:00 SOMETHING, 10:30, BUT IT LOOKED LIKE THEY HADN'T CHANGED THE CLOCK TO DAYLIGHT SAVINGS. THEN THERE ARE ATM RECORDS THAT SHOW HE WAS TRYING TO TAKE OUT CASH WITH A DEBIT CARD AT AN ATM MACHINE AT LOGAN. I THINK HE LEFT BECAUSE HE WASN'T SUCCESSFUL GETTING CASH AT LOGAN. HE DOES ULTIMATELY GET $400 ELSEWHERE. IT HASN'T BEEN EXPLAINED WHY HE DENIED IT. ONE OF HIS ACCOUNTS HAD AN OVERDRAFT PROTECTION, AND SO HE DOES GET SOME CASH. SO THE JURY HEARD ABOUT HIS ATTEMPTS AND WHERE THESE PLACES ARE, THE ATM MACHINES, AND THERE'S ALSO -- SO THEY SEE VIDEO OF HIM AT THE ATM MACHINES AND THEN PICTURES OF HIM AT THE PARKING PAY MACHINE. >> ALL RIGHT. I HAVE SEVERAL GUESTS JOINING ME NOW. FIRST HERE IN NEW YORK, JASON FREEDMAN IS A FORMER PROSECUTOR. WELCOME TO THE PROGRAM, JASON. >> THANK YOU. >> AND COURTY PILCHMAN IS A KR BASED CRIMINAL DEFENSE ATTORNEY AND FORMER PROSECUTOR. WELCOME TO NEW YORK. >> THANK YOU. >> AND JOINING US LIVE FROM MASSACHUSETTS IS CRIMINAL DEFENSE ATTORNEY JOE O. TERRY. LET ME START WITH YOU SINCE YOU ARE OUR LOCAL ATTORNEY TODAY. THE JURY HEARD SOME TESTIMONY YESTERDAY ABOUT THE DOG, SALLY. NOW, YOU KNOW, I HAVE BEEN A PRACTICING LAWYER FOR MANY YEARS, BUT FIRST AND FOREMOST, I'M A DOG LOVER, AND WHEN I HEAR ABOUT THIS DOG BEING LEFT IN THAT HOME UNATTENDED TO, POTENTIALLY LEFT TO JUST STARVE TO DEATH, IT DOESN'T MAKE ME FEEL ALL WARM AND FUZZY ABOUT NEIL ENTWISTLE. WHAT DO YOU DO ABOUT THAT ON THE DEFENSE SIDE? >> WELL, AS A DOG LOVER MYSELF, I DON'T THINK IT'S VERY NICE, AND I THINK THE DOG LOVERS ON THE JURY ARE GOING TO HATE HIM MORE FOR THAT THAN ALMOST ANYTHING ELSE HE Z THE FACT OF THE MATTER IS IT'S NOT REALLY JERMAINE TO THE CASE BUT IT'S ONE OF THOSE LITTLE THINGS THAT ELLIOT WEINSTEIN IS SO GOOD AT TAKING AND TWISTING -- NOT TWISTING, PRESENTING IN A WAY THOSE HELPFUL TO HIS CLIENT. >> WHEN YOU SAY TWISTING, YOU SAY IT WITH LOVE. >> I SAY IT WITH LOVE BECAUSE THAT'S WHAT WE DO AS DEFENSE LAWYERS. WE TAKE THINGS THAT ARE SAID AND WE TWIST THEM AND TURN THEM AND TURN THEM UPSIDE DOWN TO SHOW THE INCONSISTENCIES THAT ARE INHERIT IN WHAT THEY SAY. >> I DON'T KNOW IF I'M LETTING YOU OFF SO EASY ON THAT ONE, JOE. HERE IS A GUY WHO SAYS HE FINDS HIS WIFE AND BABY DEAD. HE PANICS. HE RUNS OFF. OKAY. HE DOESN'T CALL THE POLICE. OKAY. BUT HE LEAVES THE DOG THERE UNATTENDED? DOESN'T EVEN TAKE THE DOG SOMEWHERE -- I MEAN THE DOG IF IT HADN'T BEEN FOUND COULD HAVE STARVED TO DEATH. THAT'S HARD TO GET AROUND, ISN'T IT? >> THIS IS A GUY WHO JUST KILLED HIS WIFE AND KID IF YOU BELIEVE THE GOVERNMENT. WHAT THE -- DOES HE CARE ABOUT THE DOG? >> WHAT'S NOT GOING TO BE THE GREATEST ARGUMENT ON THE DEFENSE SIDE, IS IT? >> NO, NO, I DON'T THINK SO. >> OKAY. COURTNEY, LET ME BRING YOU IN AND LET'S TALK ABOUT SOME OF THE CLUES THAT I THINK THE JURY WAS PROBABLY LISTENING TO VERY CLOSELY YESTERDAY WHEN JOANNA GATELY WAS TALKING ABOUT HER WALK THROUGH OF THE HOME AT THE POINT WHERE EVERYBODY THOUGHT THE FAMILY WAS MISSING BEFORE ANYBODY KNEW MURDERS HAD TAKEN PLACE. SOME VERY STRANGE CLUES I PICKED UP ON. THE PHONE CARD WAS DISCONNECTED FROM THE CORDLESS PHONE BASE. THAT'S IN THE KITCHEN ON THE COUNTERTOP. THE TOILET WAS USED BUT UNFLUSHED IN THE MASTER BATHROOM. THE TV WAS ON IN THE LIVING ROOM, AND THERE WAS MUSIC COMING FROM THE BABY'S ROOM. WHAT DOES THAT ALL ADD UP TO IN YOUR VIEW? >> THOSE ARE GREAT POINTS, AND I JUST THINK THAT NEIL ENTWISTLE, AND CLEARLY THE EVIDENCE IN MY OPINION IS OVERWHELMING AS TO WHO DID THE CRIME, BUT, YOU KNOW -- >> DOES HE HAVE THE INITIALS N.E.? >> EXACTLY. >> HE'S TALKING THROUGH THE HOUSE VERY CASUALLY. WHAT I LIKE TO MENTION REAL QUICKLY IS I HAVE WATCHED ENOUGH COURT TV OR truTV AND CRIME SHOWS TO KNOW THAT PSYCHOLOGISTS HAVE TESTIFIED THAT WHEN SOMEONE KILLS ANOTHER PERSON AND THAT'S A FAMILIAR RELATIONSHIP, SUCH AS A HUSBAND AND WIFE, THEY COVER THE BODY TYPICALLY BECAUSE THEY DON'T WANT TO SEE THE DEAD BODY. I WONDER IF THE PROSECUTOR IS GOING TO TOUCH ON THAT. IF NEIL ENTWISTLE DID CORRECT THE CRIME, HE COVERED THE BODY, AND IF IT WAS A STRANGER OR A BUSINESS RELATIONSHIP, SOMEONE THAT DIDN'T KNOW RACHEL AND LILLIAN, THEY PROBABLY WOULD NOT HAVE COVERED THE BODIES. THERE'S NO NEED TO. I THINK THOSE OTHER SIGNS ABOUT THE PHONE, IT'S JUST NEIL ENTWISTLE WALKING AROUND THE HOUSE AND LIKELY NEEDING TIME AND TRYING TO COLLECT HIS THOUGHTS AS TO WHAT HE'S GOING TO DO. >> YEAH. GOT TO WONDER DID HE GO AND WATCH TV? AT WHAT POINT WAS THAT PHONE UNPLUGGED? WAS SHE GOING FOR THE PHONE? THESE ARE THINGS THAT WE MAY NEVER KNOW. JASON FREEDMAN, WHAT DO YOU MAKE OF THE FACT THAT THE POLICE WALKED THROUGH THAT HOME, RACHEL'S FRIEND WALKED THROUGH THAT HOME, THEY WERE ALL DESPERATELY SEARCHING. THEY LOOKED IN THE CLOSETS. THEY LOOKED EVERYWHERE, BUT THEY DIDN'T FIND THE BODIES RIGHT THERE IN THE BED WITH THE COMFORTER OVER THEM? >> I THINK THE FIRST TIME THEY ENTERED THE HOME I'M NOT SURE THEY WENT UPSTAIRS. IT WAS A WELLNESS VISIT, ANY SIGNS OF FORCED ENTRY OR FOUL PLAY. I BELIEVE THE SECOND TIME THEY ENTERED HOME, THEY DID GO UPSTAIRS AND ULTIMATELY THE BODIES WERE DISCOVERED. IT HAD TO DO WITH WHAT THEY WERE THINKING WHILE THEY WENT INTO THE HOUSE. THE SECOND TIME IS WHEN THEY FOUND THE DECEASED. >> PROSECUTORS SAY FINANCIAL PROBLEMS DROVE NEIL ENTWISTLE TO MURDER. YESTERDAY THE JURY ALSO HEARD FROM KIM PUIG WHO RENTED HER HOUSE TO THE ENTWISTLES. >> YOU OBVIOUSLY HAD NO CONCERNS ABOUT BEING PAID YOUR MONTHLY FEE FROM THE ENTWISTLES, ISN'T THAT RIGHT? >> I WOULD NOT SAY THAT THAT IS TRUE. I WOULD SAY WE WERE CONCERNED AND THAT'S WHY WE ONLY ENTERED A THREE-MONTH LEASE. >> SO TODAY'S QUESTION OF THE DAY IS, ARE FINANCIAL PROBLEMS MOTIVE FOR MURDER? YOU CAN SEND US YOUR ANSWERS. JUST LOGON TO CNN.COM/CRIME AND CLICK ON OPEN COURT, OR E-MAIL US DIRECTLY OPENCOURT@CNN.COM. WRITE A BRIEF ANSWER, AND WE'LL READ ONE OF YOUR RESPONSES AT THE END OF THE SHOW. WE'LL BE RIGHT BACK. >>> WE CONFIRMED HE HAD A TICKET? >> YES. >> HE WENT ON HIS WAY? >> YES. >> BOARDED THE PLANE? >> YES. >> THANK YOU VERY MUCH. >> PROSECUTORS SAY NEIL ENTWISTLE KILLED HIS WIFE AND DAUGHTER ON JANUARY 20th, 2006, THEN BOUGHT A ONE-WAY TICKET TO LONDON. SECURITY CAMERAS CAUSE ENTWISTLE IN THE DAYS AND HOURS LEADING UP TO HIS FLIGHT. SO NOW LET'S GO INSIDE THE EVIDENCE AND TAKE A CLOSER LOOK AT THAT SURVEILLANCE VIDEO THAT WAS SHOWN IN COURT YESTERDAY. IN THIS FIRST TAPE NEIL ENTWISTLE IS AT AN ATM AT A GROCERY STORE. >> THE FIRST TRANSACTION IS ON JANUARY 19th, 2006, AT 9:05 A.M., AND IT WAS A WITHDRAWAL FOR $40. >> THE NEXT DAY THE DEFENDANT IS CAUGHT ON SURVEILLANCE TAPE AGAIN. THIS TIME AT THE LOGAN INTERNATIONAL AIRPORT ATM. THE WITNESS SAID ENTWISTLE HAD SOME TROUBLE WITHDRAWING MONEY. >> ON JANUARY 20th, 2006, AT 2110 AND 54 SECONDS, 2111 AND 47 SECONDS, AND 2112 AND 17 SECONDS ALL AT THE SAME LOCATION, THERE WAS A $200 ATTEMPTED WITHDRAWAL WHICH WAS DENIED, $120 ATTEMPTED WITHDRAWAL WHICH WAS DENIED, AND A $100 WITHDRAWAL WHICH WAS DENIED. >> AND FINALLY WE SEE ENTWISTLE WALKING UP TO THE PAY ON FOOT MACHINE IN THE LOGAN AIRPORT GARAGE. THAT WAS ON THE NIGHT OF JANUARY 20th. DURING CROSS-EXAMINATION MASSACHUSETTS PORT AUTHORITY EMPLOYEE MICHAEL SHEEHAN SAID HE NOTICED SOMETHING ABOUT THE DEFENDANT IN THAT VIDEO. >> Translator: WHEN YOU LOOK AT HIS LEFT HAND, SIR, YOU SEE A WEDDING RING ON HIS HAND, ISN'T THAT CORRECT? >> YES. WELL, A RING. >> A RING. WORN ON A FINGER THAT IS USUALLY WORN -- WHERE YOU USUALLY WEAR YOUR WEDDING RING? >> YES. >> SO WHEN PIECED TOGETHER, THE EVIDENCE FROM THE AIRPORT GARAGE SHOWS ENTWISTLE'S BMW ENTERED THE PARKING FACILITY, EXITED, AND THEN ENTERED AGAIN ALL ON THE NIGHT OF JANUARY 20th, AND, BETH KARAS, I THINK YOU HAD A GOOD THEORY THAT HE WAS TRYING TO GET CASH, HE COULDN'T GET CASH AT THE AIRPORT ATM FOR SOME REASON, SO HE LEFT TO GET CASH SOMEWHERE ELSE. DID HE PAY FOR HIS ONE-WAY TICKET TO ENGLAND WITH A CREDIT CARD ULTIMATELY? >> Reporter: YES. HE USED A VISA CARD BECAUSE A COUPLE OF EMPLOYEES FROM BRITISH AIRWAYS ALSO TESTIFIED YESTERDAY, AND ONE OF THEM SAID THAT HE BOUGHT THE ONE-WAY TICKET WITH A VISA CARD. AT THE TIME HE TRIED TO BUY THE TICKET AT THE TICKET COUNTER THEIR COMPUTERS WERE DOWN AND THEY SENT HIM TO CALL AN 800 NUMBER. ULTIMATELY HE DOES THAT. HE'S PATIENT ABOUT T HE GOES -- HE'S THE LAST PERSON ON THE PLANE, BY THE WAY. FLIGHT NUMBER 238 LEFT AT 8:15 IN THE MORNING. HE WAS ORIGINALLY SCHEDULED TO LEAVE LATER THAT DAY, BUT HE WAS ABLE TO GET THE EARLIER FLIGHT. AND THEY CONFIRMED THAT HE WAS IDENTIFYING HIMSELF AS HIMSELF. WASN'T USING A DIFFERENT NAME. DIDN'T CHECK LUGGAGE. THE DEPARTURE TIME OF THE FLIGHT, ET CETERA. >> ALL RIGHT. AND THERE IS A SHOT OF NEIL ENTWISTLE THAT WE JUST SAW ARRIVING LIVE IN THE COURTROOM THIS MORNING TAKING A SEAT BETWEEN HIS ATTORNEYS, STEPHANIE PAGE AND ELLIOT WEINSTEIN, GETTING THAT COURT UNDER WAY PROBABLY VERY SHORTLY, SO WE, OF COURSE, WILL GO IN LIVE AS SOON AS THAT BEGINS. JOSEPH O TERRY, LET ME ASK YOU THIS QUESTION, WHY DOES NEIL ENTWISTLE HAVE SUCH A BURNING NEED FOR CASH IF HE'S BUYING HIS TICKET WITH THE VISA CARD AND GOING HOME TO MOMMY AND DADDY IN ENGLAND. >> IN AN AIRPORTS YOU CAN SPEND A TON OF MONEY JUST HANGING AROUND. YOU HAVE TO EAT. YOU BUY BOOKS. YOU CERTAINLY DON'T WANT TO WALK AROUND WITHOUT ANY MONEY. THIS GUY TOOK OUT $40 THE DAY BEFORE. I MEAN, WHAT KIND OF GUY TAKES $40 OUT OF -- >> A GUY WHO DOESN'T HAVE VERY MUCH MONEY. >> THAT'S WHAT I'M -- THAT'S JUST ABOUT WHAT I WAS ABOUT TO SAY. HE HAS NO MONEY. HE'S TRYING TO GRAB A FEW DOLLARS SO HE HAS SOMETHING IN HICKS HIS POCKET. WHAT WE CALL IN THE BUSINESS WALKING AROUND MONEY. >> WALKING AROUND MONEY. BUT YOU COULD USE YOUR VISA CARD FOR PRACTICALLY -- NOT TO BE DOING A COMMERCIAL FOR VISA HERE, BUT YOU COULD USE IT FOR PRACTICALLY EVERYTHING IN THE AIRPORT AND WHEN YOU TRAVEL INTERNATIONAL IT'S USUALLY BETTER TO USE YOUR CREDIT CARD. >> COURTNEY, LET ME BRING YOU IN. DO YOU THINK THE DEFENSE COULD ARGUE THIS IS PART OF HIS ERRATIC BEHAVIOR BECAUSE HE WAS PANICKING AFTER FINDING HIS WIFE AND BABY? >> THAT'S A TOUGH SELL BECAUSE MOST PEOPLE THAT ARE GOING TO FIND THEIR WIFE AND THEIR BABY THAT THEY LOVE SO MUCH DEAD IN BED, THE LAST THING THEY WILL BE WORRIED ABOUT IS MONEY, AND, YOU KNOW, IT CERTAINLY GOES TO THE FACT HE'S FRANTIC, DOESN'T KNOW WHAT HE'S DOING. YOU CAN USE YOUR VISA CARD ANYWHERE AND SO HE DIDN'T HAVE A NEED TO HAVE CASH. MAYBE HE JUST THOUGHT WHEN HE ARRIVED AT HIS PARENTS' HOME HE NEEDED SOME CASH FOR WHATEVER REASON. WHETHER HE WANTED TO GET ON THE INTERNET OR IF HE WANTED TO HAVE SOME POCKET MONEY, BUT LIKE YOU SAID, THE GUY DIDN'T HAVE A LOT OF MONEY. WHY WAS MONEY THE LAST THING HE'S TAKING WITH HIM? >> THERE'S ATM MACHINES ALL OVER LONDON. SEVERAL FRIENDS AND RELATIVES HAVE NOW TESTIFIED THAT NEIL AND RACHEL ENTWISTLE SEEMED LIKE THE PERFECT COUPLE. BUT THAT PICTURE WAS SOON SHATTERED. THERE'S MORE LIVE TESTIMONY COMING UP AHEAD. STAY TUNED. >> BASED ON YOUR OBSERVATIONS OF THE VARIETY OF TIMES YOU HAD SEEN THE DEFENDANT AND RACHEL TOGETHER, CAN YOU DESCRIBE THEIR RELATIONSHIP UP TO AND INCLUDING THEIR MARRIAGE IN AUGUST OF 2003? >> THEY SEEMED TO GET ALONG VERY WELL. THEY SEEMED TO HAVE A FRIENDSHIP AS WELL AS SEEMED TO LOVE AND RESPECT EACH OTHER. >>> THERE'S STILL TIME TO GET YOUR THOUGHTS IN TO OPEN COURT AND ANSWER OUR QUESTION OF THE DAY. ARE FINANCIAL PROBLEMS MOTIVE TOR MURDER? LOGON TO CNN.COM/CRIME AND CLICK ON OPEN COURT OR E-MAIL US DIRECTLY AT OPENCOURT@CNN.COM, AND THAT IS WHAT IS ALLEGED BY PROSECUTORS IN THIS CASE. LIVE ACTION HAS JUST STARTED UP IN THAT COURTROOM. THE HONORABLE DIANE KOTTMYER ON THE BENCH. LET'S LISTEN IN. >> RAISE YOUR RIGHT HAND, SIR. DO YOU SOLEMNLY SWEAR THE TESTIMONY YOU ARE ABOUT GIVE SHALL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH SO HELP YOU GOD? >> I DO. >> PLEASE TAKE THE STAND. WATCH YOUR STEP. PLEASE STATE YOUR NAME AND SPELL YOUR FOR THE RECORD. >> MICHAEL SUTTON S-U-T-T-O-N. >> GOOD MORNING, SIR. >> GOOD MORNING. >> HOW ARE YOU EMPLOYED? >> POLICE OFFICER. >> HOW LONG HAVE YOU BEEN A POLICE OFFICER? >> 22 YEARS. >> AND WHERE WERE YOU BEFORE YOU WERE WITH THE HOCKINGTON POLICE DEPARTMENT? >> MENDEN POLICE. >> WHAT IS YOUR PRESENT RANK? >> SERGEANT. >> HOW LONG HAVE YOU BEEN A SERGEANT? >> 14 YEARS. >> AND JUST BRIEFLY OUTLINE YOUR TRAINING AND EXPERIENCE OVER THE COURSE OF YOUR POLICE CAREER. >> STANDARD POLICE TRAINING FROM MASSACHUSETTS, THE BASIC ACADEMY. WHEN I WAS WITH THE TOWN OF MENDEN, IN-SERVICE TRAINING BACK AT THE ACADEMY EACH YEAR. SINCE THEN -- >> WOULD YOU TRY TO JUST SLOW DOWN A LITTLE BIT, SIR. THANK YOU. >> I'M SORRY. WHEN I WAS PROMOTED TO SERGEANT, I RECEIVED SERGEANT TRAINING. I RECEIVED A FEW SPECIAL TRAININGS OUT OF THE FIREARMS INSTRUCTOR AND INTERNAL AFFAIRS INVESTIGATOR. >> WHEN DID YOU BECOME A VTH, SIR? >> 14 YEARS AGO. >> AND IN JANUARY OF 2006, WHAT WERE YOUR DUTIES AND RESPONSIBILITIES? >> I WAS THE -- THE PATROL SUPERVISOR ON THE EVENING SHIFT. >> I WANT TO CALL YOUR ATTENTION, IF I COULD, TO JANUARY 21st, SATURDAY, JANUARY 21st, 2006. WERE YOU ON DUTY THAT DAY? >> YES, I WAS. >> WHAT WAS YOUR SHIFT? >> 4:00 P.M. TO MIDNIGHT. >> WHAT WAS YOUR YOU A SIGNMENT THAT EVENING? >> THE EVENING SHIFT SUPERVISOR. >> AS AN EVENING SHIFT SUPERVISOR, WHAT WERE YOUR RESPONSIBILITIES? >> SUPERVISE THE OTHER PATROL OFFICERS, DETECTIVE, DISPATCHER ON THAT SHIFT. >> DID YOUR WORK INVOLVE BEING IN THE STATION OR OUT OF THE STATION? >> I'M ASSIGNED TO A PATROL UNIT. I SPEND MORE TIME IN THE STATION THAN A PATROLMAN WOULD. GENERALLY IN A CAR. >> AT APPROXIMATELY 8:31 ON THAT SHIFT, WERE YOU DISPATCHED SOMEWHERE OR DID YOU GO SOME PLACE? >> YES, I DID. >> WHERE DID YOU GO? >> I WAS DISPATCHED TO 6 CUBS PATH. >> WHERE WERE YOU WHEN YOU WERE FIRST DISPATCHED TO 6 CUBS PATH? >> I DON'T RECALL EXACTLY, BUT I WAS OUT IN THE CAR. >> ON THE ROAD? >> YES. >> THAT WAS 6 CUBS PATH IN THE TOWN OF HOCKINGTON? >> CORRECT. >> HOW LONG DID IT TAKE YOU TO GET THERE FROM THE POINT THAT YOU WERE LOCATED AT WHEN YOU GOT THE DISPATCH 124? >> APPROXIMATELY 6 OR 7 MINUTES. >> CAN YOU DESCRIBE WHAT YOU OBSERVED WHEN YOU ARRIVED OUTSIDE THE PREMISES? >> THERE WERE TWO FEMALES WAITING THERE FOR ME. I HAD BEEN TOLD THAT AHEAD OF TIME WHEN I WAS SENT THERE. >> ANY VEHICLE OR VEHICLES ON OR NEAR THE HOME? >> THERE WAS ONE VEHICLE IN THE DRIVEWAY. >> WHERE IN THE DRIVEWAY IN RELATION TO THE HOME ITSELF? >> I DON'T RECALL -- >> WAS THAT THE DRIVEWAY -- THE STREET END OR THE HOME END OF THE DRIVEWAY? >> THE HONL END OF THE DRIVEWAY BECAUSE I WAS ABLE TO PARK MY CRUISER IN THE DROOIWAY BEHIND IT. >> WHAT DID YOU DO NEXT? >> EXITED THE CAR AND SPOKE WITH ONE OF THE TWO FEMALES. >> AND DID YOU LATER LEARN HER NAME? >> YES. >> AND WHAT WAS THAT? >> JOANNA GATELY. >> BY THE WAY, SIR, THE WEATHER THAT EVENING, DO YOU RECALL WHAT IT WAS? >> IT WAS VERY COLD. >> DID YOU SPEND A PERIOD OF TIME HAVING CONVERSATION WITH MISS GATELY? >> YES, I DID. >> AND AFTER HAVING AN OPPORTUNITY TO SPEAK WITH HER, WHAT DID YOU DO NEXT? >> I -- IMMEDIATELY AFTER SPEAKING WITH HER, I CHECKED THE PROPERTY. >> AND DESCRIBE HOW YOU CHECKED THE PROPERTY. >> STARTING AT THE FRONT DOOR, I WALKED AROUND THE PROPERTY, COUNTERCLOCKWISE. CHECKED ALL THE OTHER WINDOWS, DOORS, MAKING OBSERVATIONS. >> DESCRIBE THE OBSERVATIONS THAT YOU MADE. >> ALL THE WINDOWS AND DOORS WERE CLOSED, LOCKED. ALL OF THE WINDOWS ON THE FIRST FLOOR THAT I WOULD BE ABLE TO SEE INTO HAD BLINDS DRAWN. >> DID YOU WALK AROUND THE BACK OF THE HOME? >> YES. >> WERE YOU ABLE TO GET TO THE POINT OF THE REAR DOORS, REAR SLIDER AREA? >> YES. >> DESCRIBE WHAT YOU COULD SEE IN THAT AREA. >> THERE WAS A LIGHT ON INSIDE. THAT DOOR DIDN'T HAVE BLINDS. I WAS ABLE TO LOOK INTO THAT ROOM. >> AFTER THAT, MAKING THOSE OBSERVATIONS THERE, YOU CONTINUED AROUND THE HOUSE? >> YES. >> DESCRIBE YOUR OBSERVATIONS ON THE BALANCE OF THE BACK OF THE HOUSE AND AROUND THE SIDE OF THE HOUSE. >> BEFORE I GOT TO THE BACK OF THE HOUSE I PASSED THE GARAGE DOORS. TWO-CAR GARAGE, THEY WERE BOTH CLOSED. THE DOORS DON'T HAVE ANY WINDOWS. THE GARAGE IS BELOW GRADE SO THERE AREN'T ANY WINDOWS. I WAS UNABLE TO LOOK INSIDE THE GARAGE. >> DO YOU RECALL PASSING BY A SHED AREA? >> THERE WAS A SHED NEXT TO THE GARAGE. >> WHAT DID YOU NOTICE ABOUT THAT? >> I ISN'T -- IT'S NOT ATTACHED TO THE HOUSE, IT WOULDN'T HELP ME GAIN ENTRY INTO THE HOUSE. I DIDN'T GO INTO IT AT THAT TIME. I MADE NOTE OF IT. I CHECKED THE BACK DOOR ABOVE THE SHED AND THE SLIDERS INTO GO INTO THE BASEMENT AND THEY WERE LOCKED AS WELL. >> WHAT DID YOU DO NEXT? >> CONTINUED AROUND THE HOUSE ENDING UP BACK AT THE FRONT DOOR. >> WHEN YOU GOT BACK THERE, THE TWO WOMEN YOU HAD MET WHEN YOU FIRST GOT TO THE HOME, WERE THEY STILL THERE? >> YES, THEY WERE. >> WHERE WERE THEY? >> WAITING FOR ME AT THE FRONT DOOR. >> ANYBODY ELSE FROM THE HOCKINGTON POLICE DEPARTMENT ARRIVE? >> OFFICER O'NEIL ARRIVED WHILE YOU WAS WALKING AROUND THE HOUSE. HE WAS IN THE FRONT YARD AS WELL AT THAT POINT. >> DID YOU MEET WITH HIM? >> YES, I DID. >> DID YOU HAVE A CONVERSATION WITH HIM? >> YES, I DID. >> AS A RESULT OF HAVING THAT CONVERSATION, DID YOU DECIDE TO DO SOMETHING NEXT? >> WE DECIDED TO ATTEMPT TO GAIN ENTRY TO THE HOUSE TO CONDUCT A WELL-BEING CHECK ON THE RESIDENCE. >> WERE YOU ABLE TO GAIN ENTRY TO THE HOUSE? >> YES. >> DESCRIBE HOW YOU DID THAT. >> AFTER CHECKING THE OTHER DOORS I DECIDED IF I COULD GET IN THE EASIEST DOOR TO TRY TO GET INTO WOULD BE THE FRONT DOOR. IT WAS MY OPINION THERE WAS NO DEAD BOLT ENGAGED IN THAT DOOR. USING A PLASTIC LAMINATED CARD WE WERE ABLE TO SLIP THE LOCK ON THE OTHER LOCK ASSEMBLY IN THE DOOR TO GET THE DOOR TO OPEN. >> AND WHEN YOU OPENED THE DOOR, DID YOU GO INSIDE? >> YES, WE BOTH DID. >> OFFICER O'NEIL WENT IN AS WELL? >> YES. >> IMMEDIATELY UPON ENTRY WHAT, IF ANYTHING, DID YOU OBSERVE OR NOTICE? >> THE HOUSE -- THERE WERE VARIOUS LIGHTS ON. THERE WAS A TELEVISION ON IN ONE ROOM. COY HEAR MUSIC IN ANOTHER. THERE WAS A DOG BARKING FROM INSIDE THE HOUSE. BUT THERE DIDN'T APPEAR TO BE ANYONE THERE INITIALLY AS I CAME IN THE FRONT DOOR. >> INTO WHAT ROOM DID YOU ENTER AS YOU WENT THROUGH THE FRONT ROOM? >> IT ENTERS INTO A FOYER. WHERE DID YOU AND OFFICER O'NEIL GO NEXT? >> WE CHECKED THE LRNL, THE DINING ROOM, AND PROCEEDED THROUGH THE FOYER IN THE KITCHEN, WHICH IS AT THE REAR OF THE HOUSE. >> DID YOU SEE ANYBODY IN EITHER OF THE LIVING ROOM OR THE DINING ROOM? >> NO, I DIDN'T. >> THAT NOISE THAT YOU HAD HEARD REFERRING TO A TELEVISION, DID YOU LEARN WHERE THAT WAS? >> TELEVISION WAS ON IN THE LIVING ROOM. >> AND -- >> TO THE LEFT OF THE FRONT DOOR. >> AND THE DINING ROOM, WHAT SIDE WOULD THAT BE ON? >> TO THE RIGHT ENTERING THE FRONT DOOR, TO THE RIGHT. >> AND YOU PROCEEDED STRAIGHT AHEAD INTO THE KITCHEN AREA? >> WE DID. >> DESCRIBE WHAT YOU AND OFFICER O'NEIL DID NEXT. >> HE THEN WENT THROUGH THE KITCHEN TO HIS RIGHT INTO A FAMILY ROOM, WHICH IS WHERE THE DOG WAS LONGTED IN A KENNEL. I WENT TO THE LEFT THROUGH THE KITCHEN TO A HALF BATH LAUNDRY ROOM BEHIND THE KITCHEN. >> DID YOU SEE OR FIND ANY PERSONS? >> NO. >> DID YOU SEE OR FIND ANY APPARENT DAMAGE TO THE INSIDE OF THE PREMISES AT THAT POINT, EITHER WINDOWS OR PERSONAL BELONGINGS IN THE HOME? >> NO, NOTHING LOOKED SUSPICIOUS OR OUT OF PLACE. >> DID YOU MAKE NOTE OF THE GENERAL CONDITION OF THE KITCHEN AREA? >> THE KITCHEN AREA AND THE HOUSE IN GENERAL LOOKED LIVED IN. THE KITCHEN HAD DISHES AND FOOD OUT AS IF SUN SOMEONE HAD JUST FINISHED A MEAL BUT THEY HADN'T CLEANED UP YET. >> WHAT, IF ANYTHING, DID YOU AND OFFICER O'NEIL DECIDE TO DO NEXT, SIR? >> I THEN ASKED HIM TO GO DOWN INTO THE BASEMENT AND MOSTLY FOR THE PUPS OF CHECKING THE GLAGE, SEE IF THE CAR WAS IN THERE WHILE I WENT UP TO THE SECOND FLOOR AND TOOK A LOOK IN THE BEDROOMS. >> DID YOU SEE OFFICER O'NEIL HEAD IN THE DIRECTION OF THE BASEMENT? >> YES. >> WHERE DID YOU GO? >> I WENT TO THE SECOND FLOOR. >> DESCRIBE THE ROUTE YOU TOOK TO GET TO THE SEND FLOOR. >> THE STAIRCASE LEAVES THE FOYER AND TURNS AT A RIGHT ANGLE AND EMPTIES OUT ONTO THE SECOND FLOOR INTO A HALLWAY. >> WHAT, IF ANY, OBSERVATIONS DID YOU MAKE WHEN YOU GOT UP TO THE SECOND FLOOR, THE TOP OF THE SECOND FLOOR LANDING? >> THERE APPEARED TO BE FOUR BEDROOMS OFF THE HALLWAY AND A BATHROOM. THE FIRST BEDROOM ON MY IMMEDIATE RIGHT AT THE TOP OF THE STAIRS WAS THE ONE THAT HAD THE MUSIC PLAYING IN IT THAT I COULD HEAR FROM DOWNSTAIRS. >> DID YOU DO ANYTHING WITH THAT MUSIC? >> NO. >> AND WHEN YOU WERE DOWNSTAIRS AND NOTICED THE TV ON, DID YOU DO ANYTHING WITH THAT? >> NO. >> WHAT DID YOU DO NEXT AFTER GETTING TO THE TOP OF THE STAIRS, MAKING NOTE OF THE MUSIC? >> WHAT DID I DO AFTER I MADE NOTE OF THE MUSE SNIK? >> RIGHT. >> I LOOKED INTO THAT ROOM. IS. >> DID YOU SEE ANYTHING IN THERE? >> NO. IT APPEARED TO BE A BABY'S ROOM. >> WHERE DID YOU GO NEXT? >> I WENT STRAIGHT AHEAD. THERE WERE TWO BEDROOMS STRAIGHT AHEAD. NEITHER APPEARED TO BE THE MASTER BEDROOM. NEITHER APPEARED TO BE BEING E USED AT THAT TIME. IT APPEARED THEY HADN'T FINISHED UNPACKING. >> DID YOU FIND ANYBODY IN THOSE ROOMS? >> NO. >> WHERE DID YOU GO NEXT? >> INTO THE BATHROOM. >> WHAT DID YOU SEE THERE? >> THERE WAS NO ONE IN THERE? >> DID YOU LOOK IN THE TUB AREA? >> YES. >> WHAT DID YOU SEE? >> THE TUB STILL HAD WATER IN IT. IT APPEARED THEY HAD BEEN GIVING THE BABY A BATH. >> WHERE DID YOU GO NEXT? >> INTO THE MASTER BEDROOM DOOR. >> DESCRIBE HOW YOU GOT THERE FROM THE BATHROOM. >> WITH THE BATHROOM DOOR TO MY RIGHT, IT'S STRAIGHT AHEAD SEVERAL FEET. >> DID YOU ENTER THAT BEDROOM? >> YES, I DID. >> HOW FAR DID YOU ENTER THAT BEDROOM? >> JUST ONE STEP, LIKE THE OTHER ROOMS. >> AND DESCRIBE WHAT YOU COULD SEE WHEN YOU STEPPED INTO THAT BEDROOM. >> STEPPING INTO THE BEDROOM I COULD SEE AROUND THE OPEN BEDROOM DOOR. THERE WAS A BATHROOM TO THE RIGHT. I COULD SEE INTO THE BATHROOM. >> WHAT DID YOU SEE IN THE BATHROOM? >> I DIDN'T SEE ANYTHING. >> ANY PERSONS? >> NO. COULD YOU SCAN THE BALANCE OF THE ROOM FROM WHERE YOU WERE? >> YES. >> DESCRIBE WHAT YOU COULD SEE. A LARGE BED IN THE CENTER OF THE ROOM. IT WAS UNMADE. IT LOOKED AS IF ALL THE BEDDING, COMFORTER, BLANKETS, WAS PILED UP IN THE MIDDLE OF THE ROOM. NOTHING LOOKED OUT OF PLACE. >> WHAT DID YOU DO NEXT? >> I RETURNED DOWN TO THE FOYER. >> ANY LIGHTS ON IN THE MASTER BEDROOM? >> YES. THERE WAS A LAMP ON IN THE MAST ARE BEDROOM. >> WHAT ABOUT THE BALANCE OF THE UPSTAIRS? DO YOU RECALL WHETHER ANY LIGHTS WERE ON? >> THERE WAS ENOUGH LIGHT UP THERE I DID NOT HAVE TO USE A FLASHLIGHT TO WALK AROUND. I DON'T RECALL WHAT OTHER SPECIFIC LIGHTS WERE ON OTHER THAN THE LAMP IN THE MASTER BEDROOM AND A LIGHT ON IN THE BABY'S ROOM. >> OTHER THAN GOING INTO THE ROOMS AS YOU HAVE DESCRIBED, DID YOU DO OR TOUCH ANYTHING ELSE? >> NO. >> TOUCH ANYTHING ON THE TOP FLOOR, THE SECOND FLOOR? WHAT DID YOU DO AFTER THAT, SIR? >> I RETURNED TO THE FOYER WHERE I MET OFFICER O'NEIL. >> AND DID YOU AND OFFICER O'NEIL HAVE A BRIEF CONVERSATION? >> YES. >> AS A RESULT OF THAT CONVERSATION, WHAT, IF ANYTHING, DID YOU AND THE OTHER OFFICER DO NEXT? >> WE THEN RETURNED OUTSIDE TO SPEAK WITH MISS GATELY. >> DID YOU HAVE A CONVERSATION WITH HER? >> YES. >> WHERE WAS SHE IN RELATION TO THE HOME? >> JUST OUTSIDE THE FRONT DOOR. >> WHAT ABOUT THE OTHER WOMAN THAT -- >> SHE WAS WITH HER THERE AS WELL. >> AFTER SPEAKING WITH MISS GATELY, DID YOU DO SOMETHING ELSE? >> YES. >> OKAY. WHAT DID YOU DO? >> I THEN ALLOWED MISS GATELY TO COME BACK INTO THE HOUSE FOR THE PURPOSE OF TAKING THE DOG OUT. >> DID SHE GO IN ALONE OR DID YOU GO IN WITH HER? >> I WENT WITH HER. >> WHAT ABOUT OFFICER O'NEIL? >> I DON'T RECALL SPECIFICALLY RECALL. I BELIEVE HE CAME BACK IN THE HOUSE. >> DID YOU GO IN WITH MISS GATELY, AND SHE RETRIEVES THE DOG. THEN WHAT HAPPENS? >> WE GO BACK OUT THROUGH THE FRONT DOOR WITH THE DOG. >> SHE LEFT THE HOUSE? >> YES. >> YOU LEFT THE HOUSE? >> YES. >> WHAT HAPPENED? >> WHILE SHE WAS WALKING THE DOG, I WALKED OUT TO THE MAILBOX CHECKED TO SEE IF THERE WAS ANY MAIL DELIVERED. >> WAS THERE ANY MAIL IN THERE? >> THERE WERE TWO PIECES. >> I LOOKED AT THE MAIL TO DETERMINE HOW LONG THEY HAD BEEN SITTING IN THE BOX. NEITHER PIECE OF MAIL HAD A POSTMARK. I BROUGHT THEM BACK TO THE HOUSE WITH ME. >> YOU WENT BACK INTO THE HOUSE? >> YES. >> DID YOU GO IN ALONE? >> I WENT BACK IN WITH MISS GATELY WHEN SHE BROUGHT THE DOG BACK IN. >> DID SHE PUT THE DOG BACK IN THE SAME PLACE THAT SHE GOT THE DOG FROM? >> YES. >> DID YOU SEE HER GO ANYPLACE ELSE WHEN SHE WENT THERE? >> NO. >> AND WHAT ROUTE DID SHE TAKE WHEN SHE WENT INTO GET THE DOG AND THEN LEAVE TO TAKE THE DOG? >> STRAIGHT THROUGH THE FOYER FROM THE FRONT DOOR TO THE KITCHEN AND THEN OVER TO THE KENNEL WHICH IS JUST INSIDE THE FAMILY ROOM. >> WHAT HAPPENED NEXT, SIR? >> MISS GATELY, MYSELF, AND OFFICER O'NEIL WERE IN THE KITCHEN AT THAT MOMENT -- >> DID YOU HAVE FURTHER CONVERSATION WITH MISS GATELY? >> YES, I DID. >> AS A RESULT OF THAT, DID YOU ALLOW MISS GATELY TO DO SOMETHING? >> I ALLOWED HER TO LEAVE A NOTE ON THE KITCHEN TABLE. >> DID SHE DO THAT? >> YES, SHE DID. >> THEN WHAT HAPPENED, SIR? >> WHILE SHE WAS LEAVING THE NOTE I OBSERVED A BILL OF SOME SORT FROM BMW. >> WHERE DID YOU SEE THAT? >> ON THE COUNTER JUST INSIDE THE KITCHEN DOOR WHERE I HAD PUT THE MAIL FROM THE MAILBOX. >> AND WHAT, IF ANYTHING, DID YOU DO WITH THAT BILL? >> I LOOKED AT THE BILL. IT WAS OPEN. I COULD SEE IT WITHOUT TOUCHING IT. FOR THE PURPOSE OF PINNING THE VIN FOR THE VEHICLE THAT THE FAMILY LEASED. >> DID YOU OBTAIN THAT VIN NUMBER? >> YES, I DID. >> WHAT A VIN NUMBER, SIR? >> VEHICLE IDENTIFICATION NUMBER. >> WHAT, IF ANYTHING, DID YOU DO WITH THAT NUMBER? >> I RELAYED THAT TO THE DISPATCHER. >> HOW DID YOU RELAY THAT? >> MY CELL PHONE. >> AND THEN WHAT DID YOU DO, SIR? >> I ASKED HIM TO TRY TO DETERMINE THE PLATE NUMBER FOR THE VEHICLE FROM THE VIN. >> DID YOU HAVE AN OCCASION TO MAKE ANY OTHER OBSERVATIONS IN THE KITCHEN AREA WHEN YOU WERE IN THERE? >> NO. >> WAS THERE A TABLE IN THERE? >> YES. >> AND WHAT, IF ANYTHING, DID YOU SEE ON THE TABLE? >> OTHER THAN THE NOTE THAT MISS GATELY LEFT, THERE WAS A CAMERA THERE OFFICER O'NEIL HAD EXAMINED. >> YOU WERE THERE WHEN HE WAS DOING THAT? >> YES. >> WHEN WAS HE DOING THAT IN RELATION TO YOUR OBSERVATIONS OF THE BILL? >> WHILE I WAS RAE LAYING THE VIN BACK TO THE DISPATCHER. >> AND THEN WHAT HAPPENED NEXT, SIR? >> WE LEFT THE HOUSE. THROUGH THE FRONT DOOR. >> AND YOU AND OFFICER AND MISS GATELY? >> YES. >> DID YOU HAVE FURTHER CONVERSATION WITH MISS GATELY OUT FRONT? >> YES. >> AFTER THAT CONVERSATION WHAT DID YOU DO? >> I SPOKE WITH WHO I NOW KNOW TO BE MRS. MATTERAZZO BY PHONE, BY MISS GATELY'S PHONE. >> PRISCILLA MATTERAZZO? >> YES. >> HOW DID THAT COME ABOUT? >> I DON'T KNOW WHO CALLED WHO, BUT AS I WAS SECURING THE FRONT OF THE HOUSE MISS GATELY WAS ON HER CELL PHONE WITH MRS. MATTERAZZO, AND SHE WAS RELAYING TO HER -- >> YOU HAD AN OCCASION TO SPEAK TO MISS MATTERAZZO FOR A PERIOD OF TIME? >> SHE ASKED ME TO SPEAK WITH HER. >> AS A RESULT OF THAT CONVERSATION, WERE THERE CERTAIN STEPS THAT YOU DECIDED TO TAKE? >> YES. >> AND DID YOU EXPLAIN TO MISS MATTERAZZO WHAT THOSE STEPS THAT YOU WERE GOING TO TAKE? >> YES. >> WHAT DID YOU TELL HER? >> I TOLD HER AS A FOLLOW-UP WITH WE WOULD PUT OUT A GENERAL BROADCAST FOR THE FAMILY AND THE VEHICLE. I EXPLAINED TO HER WHAT THAT WAS. I TOLD HER THAT WE HAD RUN THE PLATE AND I EXPLAINED TO HER WHAT A RECENT QUERY WAS. THAT'S MY PURPOSE FOR RUNNING THE PLATE. SHE ASKED ME ABOUT CHECKING THE HOSPITALS AND WAS GIVEN SOME PHONE NUMBERS OF THE AREA HOSPITALS. >>> BACK IN JANUARY OF 2006 THE ENTIRE ENTWISTLE FAMILY, MOTHER, FATHER, AND BABY DAUGHTER WERE MISSING. ON THE STAND NOW IS SERGEANT MICHAEL SUTTON OF THE HOPKINTON P.D. DESCRIBING THE SEARCH. TAKE A LISTEN. >> EXHIBIT "L" FOR IDENTIFICATION. >> YOUR HONOR, CAN YOU SEE THAT? SIR, IF YOU COULD TAKE A LOOK AT WHAT'S MARKED "L" FOR IDENTIFICATION. TELL US WHETHER YOU RECOGNIZE WHAT THAT SHOWS. >> THAT'S THE FIRST FLOOR FLOOR PLAN OF THE HOUSE. >> 6 CUBS PATH, HOPKINTON? >> YES. >> DOES IT DISPLAY THE RELATIVE LOCATIONS OF THE ROOMS AND THE LAYOUT OF THE ROOMS ON THE FIRST FLOOR? >> YES, IT DOES. >> IS THAT HOW IT APPEARED TO YOU WHEN YOU AND OFFICER O'NEIL ENTERED THAT HOME ON THE EVENING OF JANUARY 21st, 2006? >> YES. >> NOW, IF YOU COULD USING THAT POINTER, TAKE US THROUGH THE ROUTE THAT YOU AND OFFICER O'NEIL TOOK WHEN YOU FIRST ENTERED THE HOME. >> WE CAME THROUGH THE FRONT DOOR. WE LOOKED INTO THE LIVING ROOM AND DINING ROOM THROUGH THESE DOORS. WALKED STRAIGHT THROUGH THE FOYER INTO THE KITCHEN. HE THEN LOOKED INTO THE FAMILY ROOM BY TALKING THIS WAY. I WALKED DOWN HERE AND CHECKED THIS BATHROOM. ALSO LOOKED DOWN ONTO THIS PORCH IN THE BACK DARR AREA. >> I DIDN'T HEAR WHAT YOU GIST SAID. IF YOU COULD WHEN YOU'RE SPEAKING FACE THE JURY AND MR. FABBRI. >> JUST THE LAST PART, YOUR HONOR? >> YES, PLEASE. >> AFTER I CHECKED THE BATHROOM, I THEN CHECKED -- LOOKED INTO THIS PORCH AREA BY LOOKING THROUGH THE WINDOW IN THE KITCHEN. >> SIR, WHEN YOU SAY HE, TO WHOM ARE YOU REFERRING? >> OFFICER O'NEIL. >> JUST SO THE RECORD IS CLEAR. AFTER YOU AND OFFICER O'NEIL TOOK THAT ROUTE, MADE THOSE OBSERVATIONS, DESCRIBE THE SECOND SEGMENT OF YOUR TRAVEL THROUGHOUT THE HOUSE. >> WE MET BACK THE WAY WE CAME IN, WALKED BACK OUT INTO THE FOYER. HE THEN WENT INTO THE BASEMENT VIA THE STAIRS HERE AND I WENT TO THE SECOND FLOOR ON THAT STAIRCASE. >> WHEN YOU GOT TO THE TOP OF THE STAIRS, THAT'S WHEN YOU MADE NOTE OF THE MUSIC? >> YES. >> "M" FOR IDENTIFICATION. >> "M" FOR IDENTIFICATION, SIR, HAVE YOU HAD A CHANCE TO LOOK AT THAT? >> YES. >> AND AGAIN YOU HAVE TO KEEP YOUR VOICE UP WHEN RESPONDING. WHAT DOES THAT SHOW? >> THAT'S THE FLOOR PLAN FOR THE SECOND FLOOR OF THE HOUSE. >> DOES IT FAIRLY, GENERALLY, AND ACCURATELY DISPLAY THE LAYOUT OF THE ROOMS AS YOU OBSERVED THEM ON THE EVENING OF JANUARY 21st, 2006? >> IT DOES. >> NOW, IF YOU COULD, USING AGAIN THAT POINTER, TAKE US ALONG THE PATH THAT YOU HAD TRAVELED AFTER YOU GOT TO THE TOP OF THE STAIRS. >> TOP OF THE STAIRS ARE HERE. THIS IS THE FIRST BEDROOM, THE BABY'S ROOM TO THE RIGHT, THE ROOM THAT I HEARD THE MUSIC COMING FROM. THE OTHER TWO BEDROOMS WOULD BE STRAIGHT AHEAD. BATHROOM OVER HERE, MASTER BEDROOM THERE. >> NOW, IF YOU COULD POINT OUT ON THAT DIAGRAM IN THE MASTER BEDROOM THE APPROXIMATE LOCATION AT WHICH YOU STOPPED WHEN YOU ENTERED THE ROOM. >> I TOOK ROUGHLY ONE STEP IN TO ABOUT HERE SO I COULD SEE TO MY RIGHT PAST THIS OPEN DOOR AND I COULD ALSO SEE THE REST OF THE ROOM. >> YOU TURNED AROUND AND WALKED OUT AFTER MAKING OBSERVATIONS? >> YES. >> SHOW US THE ROUTE YOU TOOK BACK DOWNSTAIRS. >> I JUST RETURNED TO THE STAIRS AND RIGHT BACK DOWN THE STAIRS. >> MARKED "N" FOR IDENTIFICATION. >> HAVE YOU HAD A CHANCE TO LOOK AT THAT, SIR? >> YES. >> WHAT DOES IT SHOW? >> IT SHOWS THE LAYOUT OF THE MASTER BEDROOM WITH THE ADJOINING BATHROOM AND CLOSET. >> FAIRLY AND ACCURATELY GENERALLY SHOW THE WAY THAT ROOM WAS SET UP THAT EVENING? >> YES, IT DOES. >> NOW, FIRST USING THE POINTER, SHOW THE JURY AND EVERYBODY IN THE COURTROOM HOW YOU ENTERED THAT ROOM, THE POINT AT WHICH YOU STOPPED APPROXIMATELY. >> ENTERED FROM THE HALL THROUGH THIS DOOR. STOPPED APPROXIMATELY HERE. >> SO JUST BEYOND THE DOOR THAT ALLOWS YOU -- >> THE DOOR WAS OPEN MORE THAN DEPICTED IN THE DRAWING. >> AND YOU LOOKED INTO THE BATHROOM? >> YES. >> AND DID YOU SCAN THE REST OF THE BEDROOM? >> YES. >> DID YOU GO FURTHER UP TO THAT CLOSET AREA? >> NO. I NEVER WENT FURTHER THAN STEPPING INSIDE THE DOOR. >> THERE'S A MARKER THERE BEFORE YOU ON THE WITNESS STAND. IF YOU COULD USE THAT AND PUT YOUR INITIALS AT THE POINT YOU RECALL STOPPING WHEN YOU ENTERED THAT NIGHT. AND FOR THE RECORD YOU PUT M.S. ON THAT DIAGRAM? >> YES. >> SIR, YOU CAN RESUME THE STAND. >> AND THAT IS SERGEANT MICHAEL SUTTON ON THE STAND DESCRIBING IN DETAIL THE SEARCH THAT HE DID OF THAT HOME, THE SEARCH THAT INITIALLY DID NOT FIND THE BODIES OF RACHEL AND LILLIAN ENTWISTLE, WHICH WERE RIGHT THERE IN THAT BED THAT YOU SAW ON THAT FLOOR PLAN OF THE MASTER BEDROOM JUST UNDERNEATH A COMFORTER. WELL, WE'RE TAKING A SHORT BREAK. YOU CAN TAKE A MOMENT TO WRITE TO US AND ANSWER OUR QUESTION OF THE DAY, ARE FINANCIAL PROBLEMS MOTIVE FOR MURDER? JUST LOGON TO CNN.COM/CRIME AND CLICK ON OPEN COURT OR E-MAIL US DIRECTLY AT OPENCOURT@CNN.COM. WE'LL BE RIGHT BACK. >>> WELCOME BACK. THROUGH A HOPKINTON POLICE SERGEANT THE JURY HAS NOW SEEN PICTURES OF THE INTERIOR OF THE ENTWISTLE HOME. DOES IT SHOW NEIL ENTWISTLE IS THE ONE WHO KILLED HIS WIFE AND BABY? THE JURY IS SURELY LOOKING FOR CLUES IN THESE PICTURES. LET'S TAKE A LOOK. >> WHEN YOU GOT ON DUTY, SIR, WHAT DID YOU DO FIRST? DID YOU HAVE ANY PARTICULAR ASSIGNMENT OR YOU JUST ASSUMED YOUR RESPONSIBILITIES AS SHIFT SUPERVISOR? >> I CHECKED THE LOG, SEE WHAT'S BEEN HAPPENING SINCE I WAS LAST ON DUTY, CHECKED MY E-MAIL, ET CETERA. >> APPROXIMATELY 5:00 THAT EVENING DID SOMEBODY COME INTO THE STATION? >> YES. >> WHO CAME IN? >> MS. GATELY WITH WHO I NOW KNOW TO BE HER SISTER WITH WHO I NOW KNOW TO BE MR. AND MRS. MATTERAZZO. >> DID MS. GATELY HAVE ANYTHING WITH HER. >> SHE HAD THE DOG THAT HAD BEEN AT THE HOUSE. >> DID YOU HAVE AN OPPORTUNITY TO SPEAK TO THEM? >> YES. I WENT OUT TO THE LOBBY AND SPOKE WITH THEM. >> AFTER HAVING THAT OCCASION TO TALK BRIEFLY, WHAT DID YOU DO NEXT, SIR? >> I THEN ESCORTED THEM INTO THE CONFERENCE ROOM OFF OF THE LOBBY, INTRODUCED THEM TO OFFICER DA BOAR. >> THAT WOULD BE GREG DA BOAR. >> FOR THE RECORD HOW DO YOU SPELL HIS THAT I MEAN D-E-B-O RRKZ R-R. >> WHAT DID YOU DO NEXT. >> I INSTRUCTED HIM TO COMPLETE A MISSING PERSONS REPORT. >> WHERE DID YOU GO. >> E WENT AND LOCATED DETECTIVE VAN RALTEN. >> THAT WOULD BE DETECTIVE SCOTT VAN RALTEN. >> YES. >> DID THE TWO OF YOU SPEAK? >> YES, WE DID. >> AS A RESULT OF THAT CONVERSATION WHAT, IF ANYTHING, DID YOU THEN DO NEXT. >> I THEN LEFT THE STATION AND MET OFFICER O'NEIL BACK IN THE NEIGHBORHOOD OF CUTS PATH. >> WHEN YOU GOT THERE WHAT -- YOU SPOKE TO OFFICER O'NEIL? >> YES. >> AFTER THAT WHAT DID YOU DO. >> WE THEN CANVASSED THE OTHER NEIGHBORS AROUND THE ENTWISTLE HOUSE. >> BY CANVASSING THE NEIGHBORS, DESCRIBE WHAT YOU AND OFFICER O'NEIL DID. >> WENT DOOR TO DOOR AND SPOKE WITH THE NEIGHBORS ON EITHER SIDE OF THAT HOUSE ON THAT STREET. >> WERE YOU ABLE TO SPEAK TO ALL OF THE NEIGHBORS OR ONLY SOME OF THE NEIGHBORS. >> ONLY SOME. >> AS A RESULT OF MAKING THAT CANVASS OF THE NEIGHBORHOOD, DID YOU AND OFFICER O'NEIL THEN DO SOMETHING NEXT? >> OFFICER O'NEIL CLEARED, WENT BACK ON PATROL. I THEN WAS CONTACTED BY DETECTIVE VAN RALTEN SO I STAYED THERE IN THE NEIGHBORHOOD. >> ABOUT WHAT TIME WAS THIS, SIR? >> 6:00 P.M. >> WHAT HAPPENED NEXT, SIR? >> I WAITED AT SIX CUT PATHS TO WAIT FOR OFFICER O'NEIL TO ARRIVE. >> DID HE ARRIVE? >> YES. >> DID YOU HAVE A CONVERSATION WITH HIM? >> YES. >> AS A RESULT OF THE CONVERSATION WHAT DID YOU DO? >> WE DECIDED TO REENTER THE HOUSE. >> HOW DID YOU DO THAT? >> HE HAD OBTAINED THE GARAGE DOOR CODE FROM JOANNA GATELY AT THE STATION. WE USED THAT TO GO IN THE GARAGE DOOR INSTEAD OF GOING IN THE FRONT DOOR LIKE I HAD THE PREVIOUS NIGHT. >> WERE YOU ABLE TO GET THE DOOR OPEN WITH THAT CODE? >> IT OPENED THE DOOR, YES. >> YOU AND DETECTIVE VAN RALTEN ENTER THAT GARAGE? >> YES. >> WHAT OBSERVATION DID YOU MAKE, IF ANYTHING, WHEN YOU WERE IN THERE? >> NOTHING IN THE GARAGE. >> NO VEHICLES. >> ABSOLUTELY IN VEHICLES. >> WAS NA THE FIRST TIME YOU HAD BEEN IN THE GARAGE. >> YES. >> THEN WHERE DID YOU GO. >> INTO THE DOORWAY TO THE FINISHED BASEMENT. >> WAS THE DOORWAY OPEN OR CLOSED. >> CLOSED. >> WHAT DID YOU DO WHEN YOU GOT INTO THE BASEMENT? >> MADE OUR WAY TO IF FIRST FLOOR. >> AS YOU FIRST ENTERED THE BASEMENT, WHAT, IF ANYTHING, DID YOU OBSERVE OR NOTICE? >> I NOTICED A SLIGHT ODOR IN THE BASEMENT. >> AND DID WROU SPEAK TO SERGEANT -- DETECTIVE VAN RALTEN ABOUT THAT? >> I MENTIONED IT TO HIM. >> AND AFTER THAT WHERE DID YOU GO? >> WE WENT TO THE FIRST FLOOR. >> AND WHEN YOU GOT UP TO THE FIRST FLOOR, WHAT, IF ANYTHING, DID YOU NOTICE? >> WHEN I GOT TO THE FIRST FLOOR I NOTICED THE ODOR WAS STRONGER. AND I ALSO NOTICED IT WAS AN ODOR THAT WAS NOT PRESENT IN THAT PART OF THE HOUSE WHEN I WAS THERE THE NIGHT BEFORE. >> OTHER THAN THAT ODOR, THE CONDITION OF THE FIRST FLOOR WHEN YOU GOT THERE, WAS IT ANY DIFFERENT IN TERMS OF THE TELEVISION, THE LIGHTING, AND THE LOCATION OF ITEMS? ANY DIFFERENT THAN WHAT YOU HAD SEEN WHEN YOU LAST LEFT THE EVENING BEFORE? >> EVERYTHING APPEARED EXACTLY THE WAY I HAD LEFT IT. >> WHAT HAPPENED NEXT, SIR? >> WE DIDN'T STAY ON THE FIRST FLOOR AS PLANNED. WE CONTINUED UP TO THE SECOND FLOOR. BASICALLY FOLLOWING THE ODOR. >> AND WHERE DID YOU LAND WHEN YOU GOT TO THE SECOND FLOOR? TOP OF THE STAIRS. >> TOP OF THE STAIRS IN THAT HALLWAY, YES. >> WHERE DID YOU GO NEXT? >> WE THEN WENT INTO THE MATHER BEDROOM. >> AND DID THE BOTH OF YOU ENTER, YOU AND -- >> WE BOTH ENTERED THE MASTER BEDROOM. >> WHO ENTERED FIRST? >> I DON'T RECALL, BUT WE BOTH WERE IN THE ROOM AT THE SAME TIME. >> DID YOU GO TO ANY PARTICULAR PLACE ONCE YOU ENTERED? >> I WENT LEFT AS I CAME IN THE DOOR. WALKING ACROSS THE FOOT OF THE BED AROUND TO THE OTHER SIDE OF THE BIDE. >> AND WHAT ABOUT DETECTIVE VAN RALTEN? >> HE INITIALLY WENT TO THE BATHROOM. >> AND DID YOU GET OVER TO THE OTHER SIDE OF THE BED? >> YES, I DID. >> DID YOU MAKE ANY OBSERVATIONS OF THE FLOOR AREA ON THAT SIDE OF THE BED? >> ON THE OTHER SIDE OF THE BED I NOTICED A PAIR OF WHAT APPEARED TO BE READING GLASSES AS WELL AS WHAT APPEARED TO BE A WOMAN'S WRISTWATCH ON THE CARPET NEXT TO THE BED. >> HAD YOU NOTICED THEM THE NIGHT BEFORE? >> NO. I COULD NOT HAVE SEEN THEM THE NIGHT BEFORE FROM MY VANTAGE POINT. >> MAKING THE OBSERVATION OF THOSE ITEMS, WHAT DID YOU DO? >> I THEN LIFTED THE CORNER OF THE COMFORTABLE CLOSEST TO ME. >> WHEN YOU LIFTED IT, HOW HIGH DID YOU LIFT IT? >> I DIDN'T LIFT IT VERY HIGH. APPROXIMATELY SIX INCHES TO A FOOT AT THE MOST. >> WHAT, IF ANYTHING, DID YOU OBSERVE WHEN YOU LIFTED THAT CORNER OF THE COMFORTER. >> I OBSERVED WHAT APPEARED TO BE AN ADULT FOOT. >> THEN WHAT DID YOU DO, SIR? >> I LOWERED THE COMFORTER. I CALLED TO DETECTIVE VAN RALTEN TO COME TO ME. >> DID HE COME OVER THERE? >> YES, HE DID. >> THEN WHAT HAPPENED? >> I LIFTED IT A SECOND TIME EXACTLY THE SAME WAY I HAD THE FIRST TIME TO SHOW HIM WHAT I HAD SEEN. >> AND WHAT HAPPENED NEXT OR WHAT DID YOU DO NENGS? >> WE THEN BOTH MADE OUR WAY TO THE OPPOSITE CORNER OF THE BED. >> BEFORE LEAVING DID YOU DO ANYTHING WITH THAT COMFORTER THAT YOU HAD LIFTED THE SECOND TIME? >> I RETURNED IT TO THE SAME POSITION IT WAS IN BEFORE I TOUCHED IT. >> WHAT ABOUT THE FIRST TIME YOU LOWERED IT BEFORE DETECTIVE VAN RALTEN CAME OVER. DID YOU LOWER IT TO THE SAME POSITION OR A DIFFERENT POSITION. >> I LIFTED IT STRAIGHT UP, LOWERED IT BACK DOWN INTO THE SAME POSITION. I LIFTED IT TWICE. >> WHAT ABOUT THE HEIGHT THE SECOND TIME YOU LIFTED IT. >> APPROXIMATELY THE SAME HEIGHT. SIX INCHES TO A FOOT. >> AND YOU SAID YOU AND THE DETECTIVE THEN WENT TO ANOTHER CORNER OF THE BED? >> THE DIE YAG NOLL OPPOSITE CORNER FROM WHERE WE SAW THE FOOT. >> THIS WOULD NOW BE THE HEAD OF THE BED? >> YES. >> WHERE'S THAT AREA IN RELATION TO THE LAMP YOU HAD MENTIONED? >> IT WOULD BE NEXT TO THE LAMP. >> WHEN YOU GOT THERE WHAT DID YOU DO? >> I THEN LIFTED THE COMFORTER IN THAT CORNER IN A SIMILAR MANNER AS THE OTHER SIDE OF THE BED. >> WHAT DID YOU SEE WHEN YOU LIFTED THAT? >> I FIRST OBSERVED A SMALL BABY'S FACE. >> WHAT PORTION OF THE FACE COULD YOU SEE? >> I WAS LOOKING DOWN AT THE TOP OF THE HEAD, THE FOREHEAD, EYES, NOSE. >> AND THEN WHAT DID YOU DO? >> AS I CONTINUED TO RAISE THE COMFORTER SLIGHTLY MORE, I LOOKED TO THE -- TO THE RIGHT OF THE BABY'S FACE AND SAW A WOMAN'S FACE. >> AND THEN WHAT DID YOU DO, SIR? >> I HELD THE COMFORTER UP FOR A COUPLE OF SECONDS WHILE I HAD CONVERSATION WITH DETECTIVE VAN RALTEN. THEN I LOWERED THE COMFORTER TO THE EXACT SAME POSITION IT HAD BEEN IN BEFORE. >> AND THEN WHAT DID YOU AND DETECTIVE VAN RALTEN DO NEXT? >> WE THEN IMMEDIATELY LEFT THE BEDROOM, RETURNED TO THE FIAR. >> OTHER THAN THE TWO CORNERS OF THE COMFORTER THAT YOU'VE DESCRIBED, TOUCHING THEM IN THE MANNER THAT YOU DESCRIBED, DID YOU DO OR TOUCH ANYTHING ELSE -- >> NO. >> -- UP STAIRS IN THAT MASTER BEDROOM? >> NO. >> OR ON THE SECOND FLOOR? >> NO. >> WHAT ROUTE DID YOU TAKE WHEN YOU LEFT THAT MASTER BEDROOM AND WENT BACK DOWN STAIRS TO THE FIRST FLOOR FOYER. >> WE WENT FROM THE MASTER BEDROOM TO THE TOP OF THE STAIRS AND STOOD IN FRONT OF THE INSIDE OF THE FRONT DOOR. >> WHAT DID YOU DO WHEN YOU GOT THERE? >> WE BOTH MADE PHONE CALLS. >> HOW LONG DID THAT TAKE? >> A COUPLE OF MINUTES. >> WHAT DID YOU DO NEXT? >> WE THEN BOTH AGREED WE NEEDED TO SEARCH THE HOUSE MORE THAN IT HAD BEEN FOR A POSSIBLE THIRD VICTIM. >> DESCRIBE WHAT YOU DID. >> I THEN WENT THROUGH EACH ROOM. I ACTUALLY LOOKED BEHIND THINGS AND IN CLOSETS, FOR EXAMPLE, THAT I HADN'T DONE PREVIOUSLY. >> WHAT FLOOR OR FLOORS DID YOU DO THAT ON. >> I DID THAT ON MOST OF THE FIRST AND SECOND FLOOR. >> AND WHAT ABOUT DETECTIVE VAN RALTEN? WHERE DID HE GO? >> I BELIEVE HE CHECKED PARTS OF THOSE FLOORS WITH ME AND HE WENT TO THE BASEMENT AND HE ALSO CHECKED THE ATTIC. >> AND WHAT ABOUT THE OTHER ROOMS AND CLOSETS ON THE SECOND FLOOR? DID YOU DO THAT OR DID DETECTIVE VAN RALTEN DO THAT? >> EACH OF US DID -- EACH OF US DID SOME OF THEM. >> DID YOU STAY TOGETHER WHEN YOU WENT THROUGH THE HOME? >> WE WERE MOSTLY TOGETHER EXPECT FOR WHEN HE WENT UP IN THE HATTIC, I DIDN'T GO UP THERE WITH HIM. WE THEN WENT OUTSIDE AND ALSO CHECKED OUTSIDE. >> WHAT PORTION OF THE OUTSIDE DID YOU CHECK? >> WENT AROUND TO THE BACK AND CHECKED THE SHED THAT I'D SEEN NEXT TO THE GARAGE. ACTUALLY WENT AND LOOKED IN IT THIS TIME AND LOOKED INTO THE HOT TUB WHICH WAS NEXT TO IT. THEN I RETURNED TO THE FRONT DOOR. >> FRONT DOOR OUTSIDE OR INSIDE. >> INSIDE. >> IN MAKING THOSE ADDITIONAL OBSERVATIONS GOING INTO THOSE AREAS, THOSE CLOSETS AND THE LIKE, DID YOU SEE OR FIND ANYONE ELSE? >> NO. >> WHAT DID YOU AND DETECTIVE VAN RALTEN DO WHEN YOU GOT BACK TO THE FRONT DOORWAY, FRONT TIEIER AREA? >> WE JUST STOOD BY UNTIL OTHER PEOPLE ARRIVED AND MAINTAINED SECURITY ON THE SCENE. >> MAKE ANY ADDITIONAL PHONE CALLS? >> WE MADE A SERIES OF PHONE CALLS. I DON'T RECALL TODAY IF I MADE THEM ALL PRIOR TO THE SEARCH FOR THE THIRD POSSIBLE VICTIM OR IF I MADE MOST OF THEM PRIOR AND ONE AFTER. BUT THERE WERE OTHER PHONE CALLS MADE AT THAT TIME. I KNOW HE MADE SOME AFTERWARDS. >> "N" FOR IDENTIFICATION, YOUR HONOR. >> I'M SORRY. THAT WAS "N"? >> CORRECT. >> SIR, AGAIN, USING THAT POINTER, STEP DOWN IF NECESSARY. REMEMBER TO KEEP YOUR VOICE GOOD AND HIGH. POINT OUT IF YOU COULD THE ROUTE THAT YOU TOOK WHEN YOU ENTERED THE MASTER BEDROOM ON THE EVENING OF SUNDAY, JANUARY 22nd, SOMETIME AFTER 6:00 P.M. >> TURNED LEFT AS I CAME IN THE DOOR. WALKED ACROSS THE FOOT OF THE BED OVER TO THIS AREA. >> AND IF YOU COULD USE THAT MARKER AND AGAIN PUT YOUR INITIALS AND A NUMBER ONE IN PARENTHESES NEXT TO IT AT THE APPROXIMATE LOCATION THAT YOU STOPPED. NOW USING THAT POINTER SHOW THE JURY AND EVERYBODY IN THE COURTROOM THE CORNER WHICH YOU LIFTED THAT COMFORTABLE INITIALLY. >> FIRST TIME, APPROXIMATELY THERE. >> AND THE SECOND TIME -- STRIKE THAT. WHEN YOU WERE OVER THERE, THAT LOCATION THAT YOU'VE NOTED, SHOW THE JURORS AND THE COURT WHERE DETECTIVE VAN RALTEN WAS. AND THE LUTE HE TOOK. >> AFTER GOING IN THE BATHROOM HE HAD GONE INTO THE CLOSET. WHEN I WAS OVER HERE LIFTING THE CORNER, HE WAS COMING OUT OF THE CLOSET. >> DETECTIVE VAN RALTEN THEN WENT WHERE? >> HE THEN CAME TO MY LOCATION HERE. >> AND THAT'S WHEN YOU LIFTED THAT COMFORTER UP THE SECOND TIME? >> YES. >> NOW, SHOW THE ROUTE THAT THE TWO OF YOU TOOK TO THE SECOND CORNER OF THE BED THAT YOU WENT TO. >> WE THEN WALKED AROUND TO THIS CORNER HERE. >> AND POINT TO THE LOCATION ON THE BED, THE APPROXIMATE LOCATION ON THE BED AND THE COMFORTER ON THAT SIDE OF THE BED THAT YOU LIFTED. >> APPROXIMATELY RIGHT HERE. >> AND FINALLY DESCRIBE THE ROUTE THAT YOU TOOK WHEN YOU LEFT THAT BEDROOM. >> WE BOTH LEFT THE BEDROOM OUT THE DOOR INTO THE HALL. DOWN THE STAIRS. >> NOW, FOR IDENTIFICATION, YOUR HONOR. SIR, I BELIEVE THAT'S THE FIRST FLOOR PLAN? >> YES, IT IS. >> POINT TO THE AREA AND YOU AND DETECTIVE VAN RALTEN FIRST WENT TO AFTER YOU CAME DOWNSTAIRS AFTER MAKING THE OBSERVATIONS THAT YOU TOLD US ABOUT. >> IN THE FRONT FOYER HERE. >> NOW, IF YOU COULD POINT OUT WITH THAT POINTER ON THAT DIAGRAM THE ADDITIONAL AREAS THAT YOU AND DETECTIVE VAN RALTEN CHECKED ON THE FIRST FLOOR THAT SUNDAY. >> WE CHECKED -- WE CHECKED EVERY ROOM. INCLUDING LOOKING INTO CLOSETS, AREAS THAT WERE CLOSED OFF FROM NORMAL VIEW. >> DID YOU GO INTO THE PORCH AREA? >> NO. I COULD SEE THROUGH THE HOLE INSIDE OF THE WORJ THROUGH THAT WINDOW. >> WHAT, IF ANYTHING, WAS IN THAT PORCH AREA? >> THERE WAS NO ADDITIONAL VICTIMS IN THERE. >>> WELCOME BACK. WE ARE LIVE. YOU ARE LOOK AGENT THE POLICE SERGEANT WHO FOUND THE BODIES OF LILLIAN AND RACHEL ENTWISTLE. HE'S DESCRIBING WHAT HAPPENED NEXT. LET'S LISTEN IN. >> SIR, I PLACED TWO PHOTOGRAPHS IN FRONT OF YOU. IF WE COULD START WITH THE TOP ONE, THE ONE THAT I HAD HAD ON TOP WHEN I GAVE IT TO YOU. HAVE YOU HAD A CHANCE TO LOOK AT THAT? >> YES. >> WHAT DOES THAT SHOW. >> IT SHOWS THE BED IN THE MASTER BEDROOM FROM THE PERSPECTIVE OF THE -- APPROXIMATELY WHERE I HAD WALKED TO WHEN I OBSERVED THE WATCH AND THE GLASSES. >> DOES IT FAIRLY AND ACCURATELY DEPICT THE VANTAGE POINT THAT YOU HAD ON THE EVENING OF JANUARY 22nd, 2006, WHEN YOU WALKED OVER TO THAT -- THE FAR SIDE OF THE BED? >> APPROXIMATELY. I WAS ACTUALLY A LITTLE CLOSER TO THE -- THE STOOL THAT'S IN THE PICTURE. IT'S FROM THAT VANTAGE POINT. >> CAN YOU SEE THE CORNER OF THE COMFORTER IN THAT PHOTOGRAPH THAT YOU TOLD US ABOUT? >> YES. >> CAN THIS BE MARKED AS THE NEXT EXHIBIT, YOUR HONOR? >> IT MAY BE MARKED. >> EXHIBIT 28. >> MAY I DISPLAY IT, YOUR HONOR? >> YES. >> SIR, AGAIN, STEPPING DOWN UP TO THE SCREEN USING THE POINTER, SHOW AS BEST YOU CAN THE ROUTE THAT YOU TOOK TO GET TO THAT FAR SIDE OF THE BED. >> FROM THE SCREEN IN THIS CORNER ALONG THE FOOT OF THE BED TO A POINT A LITTLE FURTHER THAN WHERE THE PHOTOGRAPHER'S STANDING. BETWEEN THE PHOTOGRAPHER AND THIS STOOL HERE. >> DESCRIBE WHAT YOU COULD SEE IN AND AROUND THE AREA OF THE STOOL. >> THAT'S THE AREA OF THE FLOOR. I OBSERVED THE WATCH AND THE READING GLASSES. >> ONCE AGAIN, IF YOU COULD POINT TO THE STOOL IN THAT PHOTOGRAPH? THE CORNER OF THE COMFORTER THAT YOU LIFTED FIRST AND THEN A SECOND TIME, POINT TO THAT, PLEASE. >> APPROXIMATELY RIGHT HERE. >> AND HOW FAR UNDER THAT COMFORTER WERE YOU ABLE TO SEE WHEN YOU LIFTED IT THE SIX OR SO INCHES, I THINK YOU SAID, YOU DID. >> I DIDN'T HAVE TO SEE VERY FAR. IMMEDIATELY UNDER THAT PORTION OF THE COMFORTER WAS THE FOOT. >> AGAIN, USING THAT POINTER, DESCRIBE THE ROUTE THAT YOU TOOK WHEN YOU WENT OVER TO THE OTHER SIDE, THE OTHER CORNER OF THE BED, AND MET DETECTIVE VanRAALTEN. >> I WALKED AROUND THE FOOT OF THE BED, UP THE OTHER SIDE, JUST BEFORE -- JUST IN FRONT OF THAT LAMP. >> HAVE YOU HAD A CHANCE TO LOOK AT THAT SECOND PHOTOGRAPH THAT I HAD PLACED BEFORE YOU EARLIER? >> YES. >> WHAT DOES THAT SHOW? >> IT SHOWS THE BEDROOM VANTAGE POINT OF APPROXIMATELY WHERE I WAS STANDING NEAR THE LAMP, THE LAST POSITION I POINTED OUT. >> AND DOES IT FAIRLY AND ACCURATELY SHOW THAT VANTAGE POINT AS YOU AND DETECTIVE VanRAALTEN HAD IT -- HAD ON THE EVENING OF SUNDAY, JANUARY 22nd, 2006 AFTER YOU WALKED FROM THE FAR FOOT OF THE BED TO THAT HEAD OF THE BED, THAT CORNER HEAD OF THE BED? >> YES, IT DOES. >> NEXT EXHIBIT, YOUR HONOR? >> ANY OBJECTION? IT MAY BE MARKED. >> EXHIBIT 29 MARKED. >> AND MAY IT BE DISPLAYED, YOUR HONOR? >> YES. >> ONCE AGAIN, SIR, STEP DOWN IF YOU COULD. USING THE POINTER, SHOW US HOW YOU APPROACHED THAT CORNER OF THE BED FIRST. >> I WENT FROM STANDING ON THE FAR SIDE OF THE BED, AROUND THE FOOT OF THE BED TO A POSITION OF APPROXIMATELY IN FRONT OF THE PHOTOGRAPHER'S VANTAGE POINT. >> AND WHERE WAS THE LAMP IN RELATION TO YOUR POSITION AS YOU STOOD THERE? >> IMMEDIATELY TO THE RIGHT JUST OUTSIDE THE FIELD OF VIEW OF THE PHOTOGRAPHER. >> WHEN YOU FIRST GOT OVER THERE, WHERE WAS DETECTIVE VanRAALTEN. >> HE WAS STANDING TO MY RIGHT. >> AND POINT, USING THAT POINTER, SHOW THE JURY AND THE COURT THE SECOND PORTION OF THE COMFORTER THAT YOU LIFTED. >> APPROXIMATELY THIS AREA HERE. >> AND SHOW US WHERE YOU PUT IT BACK DOWN. >> EXACTLY IN THE SAME SPOT. I LIFTED IT STRAIGHT UP. I PUT IT BACK INTO THE SAME POSITION. >> AND LASTLY SHOW THE ROUTE THAT YOU AND DETECTIVE VanRAALTEN TOOK AS YOU LEFT THE BEDROOM. >> WE THEN WALKED IN THIS DIRECTION ALONG THE BED TOWARDS -- TOWARDS THE OPEN DOOR. >> STRAIGHT OUT THE DOOR? >> YES. >> YOU MAY TAKE THE STAND AGAIN, SIR. >> LET ME ASK YOU, COUNSEL, FOR A MOMENT, PLEASE. >>> ALL RIGHT. WE'VE BEEN LOOKING CLOSELY AT THE TESTIMONY OF THIS POLICE SERGEANT ON THE STAND. THE INITIAL WALK-THROUGH OF THE HOUSE WHEN THE ENTWISTLES WERE REPORTED MISSING REVEALED NOTHING. BUT UPON CLOSER INSPECTION ON THE SECOND TIME, WE'RE NOW ZEROS IN ON THE BEDROOM AND ON THE BED ITSELF. AND YOU SAW THERE THE PICTURE OF THE BED WITH THE COMFORTER OVER IT. LOOKS TO BE LIKE ONE OF THOSE FLUFFY DOWN COMFORT EVERIES AND THE BODIES WERE BURIED UNDERNEATH THERE. HE'S ULTIMATELY THE ONE WHO LIFTED UP A CORNER, SAW A FOOT, CALLED HIS PARTNER TO COME IN AND THEY ULTIMATELY DISCOVERED THE BODIES. JASON FREEDMAN, LET ME BRING YOU IN, FORMER PROSECUTOR. THIS IS GAK GROUND, FINDING OF THE BODIES OVER ALL. HOW HELPFUL IS THIS TO THE PROSECUTION. BECAUSE TO SOME EXTENT THEY HAVE TO ADMIT THE POLICE OFFICERS BOTCHED THE JOB ON THE FIRST SEARCH, DIDN'T THEY. >> I DON'T KNOW IF THEY WANT TO ADMIT THEY BOTCHED THE JOB. IT HAD TO DO WITH THEIR FRAME OF MIND WHEN THEY WENT IN. THIS IS VERY IMPORTANT. A PROSECUTOR IS JUST TELLING A STORY TO THE JURY. EVERY DETAIL IN A STORY IS IMPORTANT. IMAGINE IF YOU WERE READING A NOVEL AND EVERY 20 PAGES OR SO THERE WERE A FEW PAGES MISSING. THE PROSECUTOR WANTS TO MAKE SURE THERE'S NO MISSING PAGES IN THE STORY THAT HE'S TELLING TO THE JURY. THAT'S WHY EVERY SINGLE DETAIL THAT'S BEING ILLICITED IS VITAL TO THE CASE IN MY OPINION. >> I THINK THAT'S WELL SAID, JASON. IN ADDITION, IT SOUNDS LIKE THEY WERE CLEARLY FOLLOWING PROTOCOLS WHEN THEY BEGAN LOOKING FOR NEIL ENTWISTLE. AND INITIALLY BELIEVED THAT HE MAY HAVE BEEN A VIOLENT CRIME VICTIM AS WELL. AFTER ALL, THE WIFE AND BABY ARE KILLED. PERHAPS NEIL ENTWISTLE SALS A VICTIM SO THEY DID THE RIGHT THING IN TREATING THE CRIME SCENE IN THAT MANNER, DIDN'T THEY? >> ABSOLUTELY. THEY CALLED IT A WELL BEING CHECKUP. THEY WERE INITIALLY GOING INTO THE HOME TO LOOK IF ANYTHING WAS OUT OF PLACE, NOT WHERE IT SHOULD BE, ANY SIGNS OF FORCED ENTRY, ANY OBVIOUS SIGNS THAT A CRIMINAL ACT HAD BEEN COMMIT PREPONDERANCE OF THE EVIDENCE THEY DIDN'T SEE IT WHEN THEY FIRST ENTERED THE HOME DURING THEIR CURSORY WALK THROUGH THE HOME. AND THE SECOND DAY THEY OBVIOUSLY DID A LITTLE MORE DETAILED SEARCH AND ULTIMATELY DISCOVERED THE BODIES IN THE UPSTAIRS BEDROOM. >> ALL RIGHT. LET'S GET THIS BREAK IN WHILE THERE'S A LACK OF ACTION IN THE COURTROOM FOR THE MOMENT. WE'LL BE RIGHT BACK WITH MORE LIVE TRIAL COVERAGE FROM MASSACHUSETTS. STAY WITH US. >>> WELCOME BACK. WE HAVE LIVE ACTION IN THAT MASSACHUSETTS COURTROOM. ON THE STAND, SERGEANT MICHAEL SUTTON. LET'S LISTEN IN. >> -- OTHER GENERAL DUTIES AND SPEEDOMETER -- RESPONSIBILITIES? >> YES. >> GOOD MORNING, MR. SUTTON. >> GOOD MORNING. >> YOU WERE AT SIX CUTS PATH ON JANUARY 21? >> CORRECT. >> YOU WERE THERE AGAIN ON JANUARY 22? >> YES, I WAS. >> AND YOU LEARNED THAT THINGS AREN'T ALWAYS AS THEY FIRST APPEAR TO BE? >> CORRECT. >> YOU WERE THERE ON THE 21st, YOU SPOKE WITH JOANNA GATELY? >> YES, I DID. >> AND MS. GATELY TOLD YOU THAT SHE HAD BEEN THERE FOR A WHILE? >> YES. >> AND SHE TOLD YOU THAT SHE HAD PLANS TO HAVE DINNER WITH RACHEL AND NEIL AND WITH LILLIAN ENTWISTLE? >> YES, SHE DID. >> AND SHE TOLD YOU THAT HER PLAN WAS TO BE THERE AT 5:00? >> THAT'S CORRECT. >> AND SHE TOLD YOU THAT SHE WAS MORE THAN TWO HOURS LATE FOR THE DINNER ENGAGEMENT THAT SHE WAS SUPPOSED TO BE AT AT 5:00? >> SHE TOLD ME SHE ARRIVED THERE APPROXIMATELY 7:00. >> AND SHE ABSOLUTELY TOLD YOU THAT SHE WAS SUPPOSED TO BE THERE AT 5:00? >> YEAH. SHE TOLD ME THAT. >> WHEN YOU WERE THERE, BEFORE YOU DID ANYTHING, YOU SAW THAT THE LIGHTS WERE ON IN THE HOUSE? >> YES. THERE WERE VARIOUS LIGHTS ON. >> YOU WERE THERE BECAUSE YOU WERE TRYING TO FIND OUT IF THERE WAS ANYBODY HOME? >> YES. >> AND TO SEE IF ANYBODY WAS INSIDE THE HOME, IF EVERYONE WAS OKAY? >> CORRECT. >> WHEN YOU SAW LIGHTS ON, THAT DIDN'T TELL YOU ONE WAY OR THE OTHER IF ANYBODY WAS IN THE HOUSE? >> NO. >> JUST TOLD YOU THE LIGHTS WERE ON? >> THAT'S RIGHT. >> AND IT'S NOT UNCOMMON IN YOUR TOWN TO HAVE HOMEOWNERS LEAVE THE LIGHTS ON IN THE EVENING? >> NO, IT'S NOT. >> OR IN THE EVENING WHEN THEY'RE AWAY FROM THE HOME? >> CORRECT. >> IN FACT, IT'S A PRETTY GOOD SECURITY MEASURE FOR A HOMEOWNER WHEN LEAVING THE HOME AT NIGHT TO LEAVE SOME LIGHTS ON? >> THAT'S CORRECT. >> INDEED, YOUR FELLOW OFFICERS, YOU, THE HOPKINTON POLICE, ADVISE HOMEOWNERS TO DO THAT? >> YES, WE DO. >> SO THE LIGHTS WERE ON, AND YOU DON'T KNOW WHETHER ANYONE WAS INSIDE? >> CORRECT. >> BUT YOU WANTED TO FIND OUT? >> YES, I DID. >> AND IN ORDER TO FIND OUT, YOU WERE GOING TO GET INSIDE THE HOUSE? >> AT SOME POINT I MADE THAT DECISION, YES. >> AND YOU WERE GOING TO ENTER THE HOUSE AS LONG AS YOU DIDN'T HAVE TO BREAK IN? >> AT THAT POINT IN TIME, YES. >> AND -- BUT YOU DID BREAK? . >> IT DEPENDS ON WHAT YOU MEAN BY BREAK IN, SIR. >> WELL, DID YOU HAVE ANYBODY WHO OWNED THE HOME'S PERMISSION TO WALK IN? >> NO. >> DID YOU HAVE ANYBODY'S PERMISSION, HOMEOWNER POSITION TO PICK THE LOCK? >> NO. >> SO YOU BROKE IN? >> USING THE PHRASE THAT WAY, YES, I DID. >> WELL, THAT'S WHAT IT MEANS, ENTERING WITHOUT PERMISSION. >> ONLY ONE PERSON CAN SPEAK AT ONCE. MR. WINESTEIN, ASK A QUESTION AND PLEASE WAIT UNTIL THE QUESTION IS FINISHED, AND THEN YOU MAY ANSWER THE QUESTION. >> ENTERING A RESIDENCE WITHOUT THE OWNER'S PERMISSION, BREAKING IN? >> YES. >> WELL, DID YOU LEARN FROM MS. GATELY THAT SHE HAD TRIED TO JIMMY THE LOCK TO THE FRONT DOOR? >> NO. >> WHAT YOU DID TO GET INTO THE HOUSE WAS USE THE CARD THAT YOUR COLLEAGUE, O'NEIL, HAD WITH HIM? >> YES. >> AND HAD MS. GATELY TOLD YOU THAT SHE TRIED SIMILARLY TO USE A CREDIT CARD TO JIMMY THAT LOCK? >> NO. I DON'T REMEMBER HER TELLING ME THAT. >> WHEN YOU SPOKE WITH HER BEFORE YOU MADE A DECISION TO ENTER 6 CUBS PATH, DO I UNDERSTAND SHE DIDN'T LET YOU KNOW THAT SHE HERSELF HAD TRIED TO USE A CREDIT CARD TO PASS THROUGH THAT LOCK AND GET INTO THE HOUSE? >> NOT THAT I REMEMBER. >> SHE DIDN'T TRY TO DO IT WHEN YOU WERE THERE? >> I DON'T HAVE A MEMORY OF HER TRYING TO GET INTO THAT DOOR THAT WAY, NO. >> BUT YOU WERE ABLE TO GET IN? >> YES. >> AND YOUR PURPOSE WAS TO DO A THOROUGH SEARCH? >> NO, IT WASN'T. >> SO YOUR PURPOSE WAS TO SEE IF THERE WAS ANYBODY HOME? >> CORRECT. >> SO -- AND TO SEE IF ANYBODY WHO WAS IN THE HOME WAS OKAY? >> CORRECT. >> TO SEE IF ANYBODY WHO WAS IN THE HOME MIGHT NEED ASSISTANCE? >> THAT'S CORRECT. >> TO SEE IF ANYBODY WHO MIGHT BE IN THE HOME MIGHT NEED THE ASSISTANCE OF YOU OR LAW ENFORCEMENT OFFICERS? >> CORRECT. >> TO SEE IF ANYBODY WHO MIGHT BE IN THE HOME MIGHT NEED THE ASSISTANCE OF SOMEBODY WITH MEDICAL TRAINING, A DOCTOR, A NURSE, AN EMT? >> THAT'S CORRECT. >> BUT YOU WEREN'T GOING TO HAVE -- DO A THOROUGH SEARCH? >> AGAIN -- >> WERE YOU GOING TO DO A THOROUGH SEARCH? >> I DON'T CONSIDER THAT A THOROUGH SEARCH, DOING A WALK-THROUGH. >> WELL, WE KNOW WHAT YOU DID. YOU TOLD US WHAT YOU DID. >> THAT WAS MY INTENT. >> SO YOUR INTENT WAS TO NOT DO A THOROUGH SEARCH? >> CORRECT. >> AND YOU DIDN'T? >> CORRECT. >> AND WHEN YOU SENT MR. O'NEIL AFTER YOU TWO HAD WALKED AROUND THE FIRST FLOOR TO GO DOWN TO THE BASEMENT LEVEL, YOU TOLD THE JURY JUST NOW, HE WAS, IN YOUR MIND, SUPPOSED TO GO CHECK TO SEE IF THERE'S A CAR IN THE GARAGE. >> THAT WAS ONE OF THE THINGS HE HAD TO DO, YES. >> AND YOU NEVER SAID A WORD THAT HE WAS GOING DOWN TO SEE IF THERE WAS ANYBODY THERE. >> NO. HE WAS DOIJ THAT AS WELL. >> WELL, YOU DIDN'T SAY THAT WHEN YOU WERE ASKED BY THE PROSECUTOR, DID YOU? >> NO, I DID. >> AND WHAT YOU FOCUSED ON IN TELLING THE JURY IN RESPONSE TO THE PROSECUTOR'S QUESTIONS WAS THAT O'NEIL WAS GOING DOWN TO SEE IF THERE WAS A CAR IN THE GARAGE. >> I BELIEVE I ANSWERED THE QUESTION THAT I SPECIFICALLY -- >> MY QUESTION TO YOU SIR -- >> WAIT ONE MOMENT. THE WITNESS MAY ANSWER THE QUESTION. >> THE QUESTION I ASKED, RESPECTFULLY, JUDGE. >> CAN YOU REPEAT THE QUESTION, PLEASE? >> ONE MOMENT, PLEASE. >> YES. YOU TOLD O'NEIL, DID YOU NOT, YOU TOLD THE JURORS, DID YOU NOT, IN RESPONSE TO THE PROSECUTOR'S QUESTIONS THAT YOU SENT O'NEIL DOWN SO HE COULD SEE IF THERE WAS A CAR IN THE GARAGE? >> IN RESPONSE TO THE PROSECUTOR'S QUESTION I SAID -- >> DID YOU OR DID YOU NOT, YES OR NO. >> THE WITNESS MAY ANSWER THE QUESTION. HE'S NOT REQUIRED TO ANSWER IT YES OR NO. YOU MAY ANSWER THE QUESTION. >> IN RESPONSE TO THE PROSECUTOR'S QUESTION I SAID THAT I SPECIFICALLY ASKED HIM TO CHECK AND SEE IF THERE'S A CAR THERE. I DIDN'T HAVE TO GIVE HIM FURTHER INSTRUCTION. WE WERE BOTH THERE ON A WELL BEING CHECK TO BEGIN WITH. >> YOU KNOW, AND IT'S CLEAR, YOU DIDN'T DO A THOROUGH JOB? >> OBJECTION, YOUR HONOR. >> SUSTAINED AS TO THE FORM OF THE QUESTION. >> DID YOU FIND ANY EVIDENCE OF BLOOD WHEN YOU WERE IN THE HOME ON THE 21st? >> NO. >> DID WROU FIND ANY KIND OF BROKEN OBJECTS? >> NO. >> DID YOU FIND ANYTHING THAT IN YOUR MIND SUNLIGHTED TO YOU THAT THERE WAS ANYTHING WRONG? >> NOT AT ALL. >> AND BECAUSE OF THAT YOU LEFT THE PLACE? >> THAT'S RIGHT. >> AND BECAUSE OF THAT YOU TOLD MS. GATELY AT SOME POINT THAT THE POLICE END OF THIS EVENING WAS DONE? >> NO, I DIDN'T SAY THAT, SIR. >> IN SUBSTANCE. IN SUBSTANCE THAT YOU ARE LEAVING. >> I OFFERED IF WE COULD DO ANYTHING ELSE FOR THEM, IF WE COULD HELP, I ALSO TOLD THEM OF OTHER THINGS WE WOULD BE DOING AS A FOLLOW UP. >> BUT YOU WEREN'T GOING BACK IN THE HOUSE? >> NOT THAT NIGHT, NO. >> DID SHE TELL YOU SHE WAS GOING TO STAY THERE? >> YES. >> AND DID YOU TELL HER, IT'S REALLY COLD, MAKE SURE YOU STAY WARM THROUGHOUT THE WINTER NIGHT. >> I WAS CONCERNED ABOUT THE COLD. WE SAID IT WAS COLD, SHE SAID SHE WAS GOING TO SIT IN THE CAR. >> DID THAT STRIKE YOU AS UNUSUAL. >> IT STRUCK ME AS CONSISTENT WITH HER STATE OF MIND. >> SO SHE WAS GOING TO STAY IN THE COLD NIGHT OUTSIDE IN HER CAR? >> YES. >> AND WAIT? >> THAT'S WHAT SHE TOLD ME. >> ALL RIGHT. YOU DIDN'T RETURN TO THAT HOME ON YOUR OWN FIRST THING IN THE MORNING ON THE 22nd, DID YOU? >> IN THE MORNING? NO, SIR. >> WHEN YOU GOT UP AND STARTED YOUR WORK, DID YOU DRIVE BY SIX CUBS PATH TO SEE IF MS. GATELY WAS STILL THERE? >> NO, I DID. >> DID YOU HAVE MS. GATELY'S CELL PHONE NUMBER? >> I DON'T KNOW. I DON'T KNOW IF WE HAD THAT RECORDED OR NOT. >> DID YOU HAVE ANYBODY FROM THE KINTON POLICE DURING THE COURSE OF THE EARLY MORNING HOURS CRUISE BY SIX CUBS PATH TO SEE IF MS. GATELY WAS OKAY? >> DID I? NO. >> DID YOU? >> NO. >> IN THE MORNING DID YOU LEAVE ANY KIND OF WORD AT THE STATION WHEN YOU STOPPED YOUR SHIFT THAT -- ON THE 21st THAT THERE'D BE A CIVILIAN POSSIBLY STAYING OUT IN THE COLD IN THE DRIVEWAY OUTSIDE OF SIX CUBS PATH? >> SUNDAY MORNING? >> WHEN YOU -- ON THE 21st WHEN YOU STOPPED WORKING. >> NO. I HAD NO KNOWLEDGE THAT WOULD BE OCCURRING. >> WELL, SHE TOLD ME SHE WAS GOING TO DO THAT. >> SHE TOLD ME SHE WAS GOING TO SIT IN HER CAR FOR A WHILE. I HAD NO IDEA SHE WOULD SIT THERE OVERNIGHT. >> SO YOU DIDN'T KNOW FROM MS. GATELY THAT SHE INTENDED TO STAY THROUGH THE NIGHT? >> NOT THAT NIGHT. >> DID YOU HAVE ANYBODY DRIVE BY AND CHECK ON THE PROPERTY WHEN YOU STARTED YOUR SHIFT ON THE 22nd? >> I DIDN'T SPECIFICALLY HAVE ANYONE DRIVE BY, NO. >> BUT AT SOME TIME ON THE 22nd, YOU AND VanRAALTEN WENT BACK? >> YES, WE DID. >> AND THAT'S WHEN YOU FOUND PEOPLE, BODIES, UPSTAIRS IN THE MASTER BEDROOM? >> CORRECT. >> SAME MASTER BEDROOM THAT YOU'D BEEN IN THE DAY BEFORE? >> THAT'S CORRECT. >> THAT'S ALL I HAVE FOR YOU. >> SIR, WHAT WAS YOUR PURPOSE IN BEING THERE ON SATURDAY, JANUARY 21st, 2006? >> I WAS ORIGINALLY SENT THERE TO SPEAK WITH SOME PEOPLE ABOUT POSSIBLY DOING A WELL-BEING CHECK. >> AND WHAT INFORMATION DID YOU HAVE, SIR, FROM ALL SOURCES PRIOR TO YOUR ARRIVAL AND PRIOR TO GETTING THERE? >> I KNEW THAT THE PEOPLE WHO MOVED THERE HADN'T BEEN LIVING THERE VERY LONG. I KNEW THAT THEY ARE USUALLY IN REGULAR AND CONSTANT CONTACT WITH THEIR FAMILY. AND THAT THEY HADN'T BEEN FOR TWO DAYS AT THAT POINT. I KNEW THAT MRS. MATTERAZZO HAD GONE TO THE HOUSE AND NOT -- >> OBJECTION. >> SUSTAINED. >> AND I KNEW THAT -- >> NO. I OBJECT. >> JUST A MOMENT. SIR. WOULD YOU PUT THE QUESTION AGAIN, MR. FABBRI? >> SIR, IS THERE ANY ADDITIONAL INFORMATION THAT YOU HAD OBTAINED WHEN YOU ARRIVED THERE? >> I RECEIVED DIRECT INFORMATION FROM MS. GATELY. >> AND DID YOU GET ANY INFORMATION FROM HER AS TO WHETHER OR NOT SHE HAD ATTEMPTED TO DETERMINE IF THERE WAS ANYONE IN THE HOUSE? >> YES. >> AND WHAT INFORMATION DID YOU OBTAIN? >> OBJECT. >> THE WITNESS MAY ANSWER THAT QUESTION. >> SHE HAD SHOWN UP FOR HER DINNER DATE. SHE HAD KNOCKED ON THE DOOR. SHE COULD NOT MAKE CONTACT WITH ANYONE IN THE HOUSE. >> AND CAN YOU DESCRIBE MS. GATELY'S DEMEERN AS YOU OBSERVED IT WHEN YOU ARRIVED WHEN YOU SPOKE TO HER? >> SHE APPEARED DISTRESSED. SHE WAS VERY ANXIOUS. >> AND WAS IT BEFORE OR AFTER THAT, RECEIVING THAT ADDITIONAL PIECE OF INFORMATION, OR PIECE OF INFORMATION FROM MRS. GATELY AND MAKING NOTE OF HER DEMEERN THAT YOU MADE A DECISION TO ENTER THE HOME. >> YES. BASED ON ALL THE INFORMATION THAT I HAD AT THAT POINT WAS MY REASON FOR WANTING TO BE INSIDE THE HOME. >> YOU WEREN'T GOING INTO THAT HOME ON YOUR OWN ACCORD, WERE YOU? >> NO. YOU WERE BEING ESSENTIALLY ASKED TO DO THE WELL-BEING CHECK? >> CORRECT. >> THAT'S ALL I HAVE, JUDGE. >> MS. GATELY HAD TOLD YOU THAT SHE HAD A DINNER DATE, YOU JUST SAID? >> YES. >> A DINNER DATE THAT SHE WAS SUPPOSED TO ARRIVE AT AT 5:00 P.M.? >> YES. >> AND THE CONCERN YOU HAD WAS FOR THREE PEOPLE? >> CORRECT. >> AND THE CONCERN THAT YOU HAD WHEN YOU SENT OUT YOUR BULLETINS WAS FOR THREE PEOPLE? >> YES, IT WAS. >> AND THE CONCERN THAT YOU HAD WHEN YOU WERE CHECKING HOSPITALS WAS FOR THREE PEOPLE? >> THAT'S CORRECT. >> AND YOU HAD BEEN IN CONTACT BY PHONE WITH PRISCILLA MATTERAZZO? >> YES, I DID. >> AND DID YOU MAKE AN EFFORT TO MAKE TELEPHONE CONTACT WITH NEIL ENTWISTLE'S PARENTS? >> NO, I DIDN'T. >> SO YOU WERE IN CONTACT WITH THE PARENTS OF RACHEL ENTWISTLE, AND YOU NEVER MADE ANY EFFORT TO CONTACT NEIL'S PARENTS TO SEE WHETHER OR NOT THEY HEARD FROM THE COUPLE AND KNEW WHERE THE COUPLE MIGHT BE? >> I NEVER MADE ANY EFFORT TO CONTACT MRS. MATTERAZZO EITHER. >> BUT YOU SPOKE WITH HER. >> SHE CONTACTED ME. >> YES. BUT YOU SPOKE WITH HER? >> YES, I DID. >> AND IT'S A FACT NOW, IS IT NOT, THAT YOU NEVER DID MAKE EFFORT TO REACH OUT TO NEIL'S PARENTS TO SEE WHETHER THEY KNEW WHERE THE FAMILY WAS? >> OBJECTION. >> THE WITNESS MAY ANSWER THAT QUESTION. >> I HAD NO KNOWLEDGE OF WHO NEIL'S PARENTS WERE TO MAKE THAT CONTACT. >> YOU'RE A POLICE OFFICER? >> YES. >> INVESTIGATOR? >> AT TIMES. >> HAVE THE RESOURCES OF LAW ENFORCEMENT IN THE TOWN OF HOPKINTON? >> YES. >> THE RESOURCES OF LAW ENFORCEMENT THROUGHOUT THE COMMONWEALTH OF MASSACHUSETTS. >> PARTIALLY. >> AND THE RESOURCES OF LAW ENFORCEMENT THROUGHOUT THE UNITED STATES OF AMERICA? >> AT TIMES. >> DIDN'T MAKE ANY EFFORT, DID YOU, TO FIND CONTACT WITH NEIL'S PARENTS TO SEE IF THEY KNEW WHERE THE COUPLE WAS? >> AT THAT TIME ON SATURDAY NIGHT, NO. >> HOW ABOUT ANY TIME? >> I WOULDN'T HAVE HAD REASON TO AFTER THAT. BUT, NO, NOT ON SATURDAY NIGHT. >> WELL, ON THE 22nd DID YOU HAVE -- DID YOU KNOW WHERE NEIL WAS? >> NO. >> YOU DIDN'T HAVE ANY REASON TO REACH OUT TO HIS PARENTS TO SEE IF HE WAS OKAY, WHERE HE WAS? >> THAT WASN'T MY ROLE AT THAT POINT? >> THAT WAS SOMEONE ELSE'S RESPONSIBILITY? >> OTHER PEOPLE WERE DOING THAT, YES. >> WHO WAS DOING THAT? >> I DON'T KNOW. >> SO YOU DON'T KNOW IF ANYBODY WAS DOING IT? >> I CAN'T GIVE YOU A NAME RIGHT NOW. I KNOW SOMEONE DID IT. >> HOW DO YOU KNOW THAT? YOU DON'T KNOW IT, YOU JUST ASSUME IT. >> KNOW. I KNOW CONTACT WAS MADE. I JUST DON'T KNOW THE DETAILS. I WASN'T PART OF IT. >> CONTACT WAS MADE BECAUSE NEIL ENTWISTLE SEVERAL DAYS LATER CALLED POLICE. >> OBJECTION, YOUR HONOR. >> THE OBJECTION IS SUSTAINED. >>> SAR SUTTON, PROBABLY BEST JUST TO SAY, NO, WE DIDN'T CALL THEM, PERIOD. THAT WOULD HAVE BEEN THE END OF THAT LINE OF CROSS-EXAMINATION. ARE FINANCIAL PROBLEMS MOTIVE FOR MURDER? WHEN WE COME BACK, WE'LL HEAR WHAT YOU HAD TO SAY ABOUT THAT AS WE REVEAL OUR ANSWER TO OUR QUESTION OF THE DAY. STAY WITH US. >>> THEY APPEARED TO BE THE PERFECT FAMILY. WHAT WAS REALLY GOING ON INSIDE THE WALLS OF THE ENTWISTLE HOME? MORE LIVE TRIAL COVER AHEAD ON OPEN COURT. >>> WE ASKED YOU TODAY IN OUR QUESTION OF THE DAY, ARE FINANCIAL PROBLEMS MOTIVE FOR MURDER? OUR ANSWER COMES FROM NANCY IN PHOENIX, ARIZONA. SHE WRITES, I THINK YOU HAVE TO BE PRONE TO MURDER TO START WITH, EVEN THOUGH FINANCIAL STRESS CAN HEIGHTEN AND BUILD MORE EMOTION. ANYTHING AND EVERYTHING CAN BE THE REASON, IF THAT'S A CASE. THANKS FOR THAT ANSWER, NANCY. AND THANKS FOR WATCHING. WELL THOUGHT OUT, I THINK. LET'S GO BACK INTO THE COURTROOM LIVE. A NEW WITNESS TOOK THE STAND OVER THE BREAK. STEVEN BENNETT FROM THE STATE POLICE. LET'S LISTEN. . >> I JUST PUT A PHOTOGRAPH IN FRONT OF YOU, SIR. PLEASE TAKE A MOMENT AND LOOK AT THEM. EXCUSE ME. HAVE YOU HAD A CHANCE TO DO THAT? >> YES, I HAVE. >> NOW, THAT TOP ONE, DO YOU RECOGNIZE THAT? >> YES. >> WHAT DOES THAT SHOW? >> IT -- THIS ONE HERE? >> THE TOP ONE, YES. >> THAT SHOWS THE REAR OF THAT VEHICLE THAT I DESCRIBED WITH THE PLATE NUMBER 65 KW 79 PARKED IN THE GARAGE. >> DOES THAT FAIRLY AND ACCURATELY DEPICT THAT VEHICLE AS YOU FIRST SAW IT WHEN YOU ARRIVED INTO THAT LEVEL 4 DD AREA? >> YES. >> THE NEXT EXHIBIT, YOUR HONOR? >> IT MAY BE MARKED. >> EXHIBIT 30 MARKED, YOUR HONOR. >> MAY I PUT IT ON DISPLAY, YOUR HONOR? >> YES. >> SO YOU RECALL THAT THE VEHICLE WAS -- WAS IT BACKED IN OR PARKED IN, IF YOU REMEMBER. >> IT WAS FRONT IN. SO THE BACK WAS TO THE BACK OF THE SPACE. IT WAS DRIVEN FRONT IN. >> DID YOU HAVE AN OCCASION TO MAKE OBSERVATION OF THE VEHICLE WHEN YOU FIRST ARRIVED? >> YES. I WALKED AROUND THE VEHICLE. >> DID YOU NOTICE WHETHER OR NOT IT WAS LOCKED OR UNLOCKED? >> IT WAS LOCKED. >> HOW DID YOU DETERMINE THAT? >> I TRIED THE DOOR JUST TO SEE IF IT WAS LOCKED. I SAW THE KNOBS DOWN AS WELL. >> INSIDE THE VEHICLE, COULD YOU SEE INSIDE? >> YES, I COULD. >> WHAT DID YOU SEE? TELL US WHAT YOU COULD SEE ON THE INSIDE? >> THE WINDOWS ARE PRETTY TINTED. BUT WHAT I COULD SEE WAS THE DRIVER'S FRONT SEAT WAS RECLINED. IT WAS BACK. NOT ALL THE WAY, BUT ABOUT HALFWAY BACK. >> DID YOU SEE ANYTHING IN THE BACKSEAT? >> NO. I COULDN'T SEE ANYTHING IN THE BACKSEAT THAT JUMPED OUT AT ME. >> WHAT ABOUT OTHER ITEMS INSIDE THE VEHICLE ITSELF? THE SECOND PHOTOGRAPH IN FRONT OF YOU, SIR, WOULD YOU LOOK AT IT. NOW, SIR, FAIR TO SAY YOU SPENT A FAIR AMOUNT OF TIME TAKING PHOTOGRAPHS OF THAT VEHICLE IN THE PARKING GARAGE. >> YES. TEN, 15 MINUTES. >> AND WHETHER OR NOT WHEN YOU ARRIVED OR AT OR ABOUT THE TIME OF YOUR ARRIVAL, ONE OR MORE OTHER STATE POLICE OFFICERS WERE IN THAT AREA? >> YES, THERE WAS. >> DID YOU HAVE AN OCCASION TO SEE OR MEET THAT OTHER OFFICER? >> YES, I DID. >> AND WHO WAS THAT. >> IT WAS TROOPER DANIEL SULLIVAN WHO'S ASSIGNED TO THE AIRPORT. >> AND AFTER TAKING PARAGRAPHS OF THAT VEHICLE, WHAT, IF ANYTHING, DID YOU DO OR WHAT IF ANYTHING WAS DONE WITH THAT VEHICLE? >> I CALLED THE DESK AT THE BARRACKS AND REQUESTED A RECORD -- >> THANKS TO OUR CORRESPONDENT, BETH KARAS, REPORTING LIVE FROM MASSACHUSETTS TODAY. THANKS ALSO TO YOUR GUESTS JOE O TERRY AND COURTNEY PILL CHMAN AND JASON FREEDMAN HERE IN NEW YORK. TIME NOW TO CHECK IN WITH RIKKI KLIEMAN WHO'S IN FOR JAMI FLOYD TO FIND OUT WHAT'S COMING UP NEXT ON BEST DEFENSE. >> HEY, LISA. I HAVE TO TELL YOU, JOE O TERRY WAS MY MENTOR. MY FATHER, MY BRAUR. HE WAS REALLY DEER TO ME. WHAT IS COMING UP NEXT ON BEST DEFENSE WILL BE A CONTINUATION WITH THE POLICE OFFICERS. WE'RE GOING TO GO THROUGH THAT CRIME SCENE. AND IT WILL BE CHILLING, INDEED. >> OH, BOY. ALL RIGHT, THANKS, RIKKI. ALWAYS GREAT TO HAVE YOU HERE. >>> THAT WRAPS UP MY TIME WITH YOU ON OPEN COURT. I'M LISA BLOOM. I'LL BE BACK HERE TOMORROW MORNING 9:00 A.M. EASTERN BRIGHT AND EARLY WITH MORE TRIAL COVERAGE. THANKS FOR WATCHING AND I WILL SEE YOU TOMORROW. |