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>> >> TODAY ON THE "BEST DEFENSE," WAS NEIL ENTWHISTLE EMOTIONAL OVER THE KILLING OF HIS WIFE AND DAUGHTER, OR WAS IT SOMETHING MORE SINISTER? THE BEST DEFENSE NOW. THIS IS "THE BEST DEFENSE." I'M RICKY CLIMBER, SITTING IN WOULD YOU DO IF YOU WENT HOME AND FOUND YOUR WIFE AND INFANT DAUGHTER DEAD, SHOT AS THEY LAY IN BED? WOULD YOU CALL 911 IMMEDIATELY, OR WOULD YOU COVER THEM UP, LEAVE THE HOUSE, DRIVE AROUND, GO TO THE AIRPORT AND FLY TO THE FAMILY IN ENLAND IN NEIL ENTWHISTLE SAID HE CHOSE THE LATTER COURSE OF ACTION BECAUSE HE WAS SO DISTRAUGHT AND OVERWHELMED AT HIS LOSS. BUT MASSACHUSETTS AUTHORITIES DON'T BELIEVE HIM. THEY SAY ENTWHISTLE KILLED HIS WIFE AND DAUGHTER AND HE'S NOW BACK IN THE UNITED STATES STANDING TRIAL FOR A DOUBLE MURDER. TODAY LIVE TESTIMONY TESTIMONIES. THERE IS A COURT RECESS, SO IT GIVES US TIME TO GO TO OUR CORRESPONDENT BETH KARAS, WHO JOINS US. BETH, I WANT TO GO BACK, IF I MAY, FIRST TO YESTERDAY. BECAUSE IT REALLY WAS A PROFOUND 18 MINUTES OF WATCHING RETO A VIDEOTAPE BEING SHOWN. WE COULDN'T SEE THE TAPE, THE JURY AND NEIL ENTWHISTLE'S TABLE COULD. BUT THOSE REACTIONS, AND THE PRESS REACTION TO THAT, REALLY GOT TO ELLIOT WEINSTEIN AND STEPHANIE PAIGE TO TALK TO THE PRESS, WHICH THEY RARELY DO. TELL US ABOUT IT. >>> INDEED THEY DID. AND GOOD MORNING, RICKRICKI. THERE WERE A LOT OF COMMENTS AFTER NEIL ENTWHISTLE WAS OBSERVED WATCHING THE CRIME SCENE VIDEO. OF COURSE, WE COULDN'T SEE WHAT HE WAS LOOKING AT BUT WE KNEW BECAUSE THE JUDGE HAD ADMONISHED THE JURORS IN ADVANCE THEY WILL BE SEEING SOME GRAPHIC IMAGES IN THE VIDEO. IN THAT TO KEEP THEIR EMOTIONS INTACT AND DECIDE THIS CASE BASED ON THE FACTS ALONE. JURORS DIDN'T BREAK DOWN CRYING, BUT THERE WERE A FEW DISCERNIBLE ACTS OF EMOTION, LIKE, YOU KNOW, A HAND TO THE FACE OR TO THE MOUTH ON THE PART OF ONE JUROR. NEIL ENTWHISTLE CRIED A LOT DURING THIS VIDEO. AND WE CAN ONLY IMAGINE HE STARTED CRYING WHEN THE BODIES WERE SHOWN. BUT THERE WERE TIMES WHEN HE WASN'T OBVIOUSLY SOBBING WHEN HE AN EXPRESSION ON HIS FACE THAT SOME PEOPLE THOUGHT LOOKED LIKE HE WAS SMILING. AND THE DEFENSE ATTORNEYS GOT WIND OF THOSE REMARKS AND WERE VERY UPSET AND AT THE END OF THE DAY, AND THEY RARELY DO IT, AS YOU SAY, THEY STEPPED UP TO THE MICROPHONES AND TALKED TO THE MEDIA, STEPHANIE PAGE AND ELLIOT WEINSTEIN SPOKE BUT STEPHANIE PAIGE HAD STRONG COMMENTS TO MAKE, LIKE ELLIOT. HERE'S WHAT SHE SAID. >>> THERE'S NO WAY NEIL WOULD BE LAUGHING. HE'S GRIEVING. HE'S LOST HIS WIFE, HE'S LOST HIS BABY. YOU HEARD WHAT A LOVING FATHER HE WAS AND LOVING HUSBAND HE IS. YOU HAVE A RESPONSIBILITY. YOU KNOW HE WASN'T LAUGHING. IT'S NOT WORTH A CHEAP HEADLINE OR A CHEAP SOUND BITE ON ONE OF YOUR CABLE SHOWS. IT IS SO OFFENSIVE. >> SO THEY WERE SO UPSET AND APPREHENSIVE ABOUT THE SHOWING OF THE VIDEO AND HOW NEIL ENTWHISTLE WAS GOING TO REACT THAT ELLIOT WEINSTEIN HAD TOLD US AT THE SAME PRESS CONFERENCE THAT THEY HAD DIVIDED THEIR LABOR AND WEINSTEIN'S JOB WAS TO WATCH THE VIDEO, WATCH THE EVIDENCE AND PAGE'S JOB WAS TO KEEP AN EYE ON ENTWHISTLE, TO MAKE SURE HE WAS OKAY. >> BETH, CERTAINLY BECAUSE IT WAS DURING "THE BEST DEFENSE" THAT WE WATCHED THESE 18 MINUTES AND, CERTAINLY, YOU CAN SEE HE'S CRYING AND GRIMACING AND HIS FACE IS VIRTUALLY CON TORTED. THE ONE THING I DO SAY ABOUT THE CAMERA IN THE COURTROOM, THE CAMERA IS VERY GOOD AT SHOWING TWO-DIMENSIONAL THINGS. THE CAMERA IS NOT OFTEN GOOD ABOUT SHOWING THREE-DIMENSIONAL THINGS AND CERTAINLY YOU AND OTHERS WHO HAD BEEN IN THE COURTROOM WERE ABLE TO OBSERVE HIS REACTION. I THINK IN A WAY THAT IS FAR BETTER THAN PERHAPS WHAT WE SEE TWO-DIMENSIONALLY. >> NO QUESTION ABOUT IT. WHENEVER I'M IN THE COURTROOM, I TAKE IT ALL IN AND YOU'RE SEEING JUST WHAT THE CAMERA IS POINTING AT AND WE ARE CHOOSING TO SHOW AT THAT POINT. BUT IT WAS A VERY SOMBER COURTROOM. YVONNE ENTWHISTLE, ENTWHISTLE'S MOTHER, SHE SORT OF COLLAPSED. HER HUSBAND ALSO WAS CONSOLING HER. SHE COULDN'T SEE THE MONITOR. IT APPEARS THAT SHE WAS CRYING BECAUSE HE WAS CRYING. SHE SAW HOW UPSET HE WAS. ON THE OTHER SIDE OF THE COURTROOM, THE MATTERAZZOS WERE VERY STOIC. THEY COULD NOT SEE THE MONITOR. THEY SORT OF KEPT THEIR HEADS DOWN AND THEY JUST DIDN'T EMOTE AT ALL. BUT THERE'S NO NOISE, YOU KNOW, COMING OUT OF THE VIDEO EXCEPT LOW MUSIC YOU COULD HEAR THAT WAS COMING FROM THE BABY'S ROOM, SOME CLASSICAL MUSIC. ENTWHISTLE IS FACING THE JURY. HE WAS FACING THE JURY AT THAT POINT, ALTHOUGH NOT VISIBLE TO ALL JURORS BECAUSE THE MONITOR IS IN FRONT OF HIM AND MONITORS IN FRONT OF THE JURORS. UNLESS YOU WERE CRAZY, HE'S NOT GOING TO SMILE OR LAUGH IN FRONT OF THE JURY THAT'S DECIDING HIS FATE. >> AND, BETH, WE DID SEE STEPHANIE PAGE WATCHING HIM PRETTY CONTINUOUSLY THROUGHOUT. SHE WOULD LOOK AT THE SCREEN AND SHE WOULD LOOK AT HIM AND SHE WAS CERTAINLY MONITORING HIM. DID HE APPEAR TO ME, MY IMPRESSION, TO BE IN A GREAT DEAL OF PAIN AT WATCHING THIS VIDEO. I'M ALSO GLAD THAT YOU CLARIFIED ALSO ABOUT HIS MOTHER BECAUSE I WAS WATCHING HIS MOTHER AS WELL DURING THE VIDEO, AND HIS MOTHER WAS WITH HIS BROTHER, AND SHE LOOKED LIKE SHE WAS IN AGONY. SO MY SUPPOSITION WAS THAT SHE COULD SEE -- WE COULD WATCH HER NOW, THE FATHER AND MOTHER OF NEIL ENTWHISTLE, THE BROTHER, WE CAN WATCH THEM NOW. I ACTUALLY THOUGHT THAT SHE COULD SEE THE VIDEO, AND SO YOU'RE MAKING IT CLEAR THAT HER AGONY, TOO, IS AT WATCHING WHAT IS HAPPENING TO HER SON. AND I HOPE THAT CLARIFIES FOR OUR VIEWERS. YOU KNOW, THESE ARE DIFFICULT, DIFFICULT MOMENTS. IN FACT, I WANT TO BRING MY GUESTS INTO THIS CONVERSATION BECAUSE I THINK IT'S IMPORTANT THAT WE'RE GOING TO SEE YOU. SO STAY RIGHT HERE. DON'T GO ANYWHERE. WATCHING WITH US TODAY, BOTH CRIMINAL DEFENSE ATTORNEY AND FORMER PROSECUTOR, MY DEAR FRIEND JAY FAHEY HERE IN NEW YORK. IN MASSACHUSETTS, CRIMINAL DEFENSE ATTORNEY AND FORMER PROSECUTOR AGAINST ME, JOHN LATENT. I WILL ASK YOU TO STAND BY, JOHN, AS I TALK TO JAY. JAY, ONE OF THE THINGS THAT I MENTIONED YESTERDAY THAT I DO THINK THAT BEARS REPEATING IS THAT YOU COULD DO WHATEVER YOU COULD AS A DEFENSE LAWYER TO INSTRUCT YOUR CLIENT THAT THIS IS GOING TO BE A VERY DIFFICULT 18 MINUTES FOR HIM. BUT THERE IS NO WAY TO REALLY COACH HIM IN ANY WAY BECAUSE IF HE CRIES, SOME PEOPLE WHO HAVE A BIAS, WILL SAY IT'S CROCODILE TEARS. IF HE DOESN'T CRY, SOME PEOPLE WILL SAY HE'S STOIC. IF HE LOOKS AT THE VIDEO, PEOPLE WILL SAY AS MY GUESTS DID YESTERDAY, HE SHOULD HAVE LOOKED AWAY. IF HE LOOKS AWAY, PEOPLE WILL SAY HE SHOULD LOOK AT THE VIDEO. THERE'S NO RIGHT WAY FOR A DEFENDANT TO BEHAVE. >> THERE'S NO RIGHT WAY. THERE'S ABSOLUTELY NO RIGHT WAY. I'M SMILING AND LAUGHING AND GLADDING THE DEFENSE ATTORNEY TOOK THE POSITION IT WOULDN'T BE FAIR AND TRY TO GET A STORY OUT HE WAS LAUGHING OR GIGGLING OR SOMEHOW SMILING IN THE VIDEO BUT YOU CANNOT CONTROL A CLIENT IN THAT POSITION. IT'S TOO EMOTIONAL FOR HIM, NUMBER ONE. BUT THE INTERPRETATIONS A JURY CAN HAVE, AGAIN, CAN GO ALL OVER THE MAP. EVERYBODY DEALS WITH GRIEF IN A DIFFERENT WAY. THEY ARE STARING AT HIM WONDERING WHAT HE'S THINKING. IF THEY WANT TO THINK ILL OF IT, THEY WILL THINK ILL OF IT. >> REGARDLESS. NONE OF US, INCLUDING THOSE OF US WHO ARE ON TELEVISION ALL THE THE TIME, REALIZE, NONE OF US REALIZE REALLY HOW CERTAIN EXPRESSIONS WE HAVE ARE PERCEIVED BY OTHERS. YOU KNOW, A GRIMACE WITH SOMEONE WHOSE LINES GO UP, AGONIZING GRIMACE, COULD APPEAR TO SOMEONE ELSE TO MEAN SOMETHING DIFFERENT. IT'S A VERY, VERY DIFFICULT POSITION. YOU KNOW, I'M ALSO WONDERING, JOHN, I HAVE NOT EVEN THOUGHT OF THIS YESTERDAY BUT I DID THINK ABOUT IT OVERNIGHT, IF THERE WASN'T EVEN SOME POSSIBILITY OF HAVING NEIL ENTWISTLE NOT HAVE TO WATCH THIS, BUT THAT, OF COURSE, YOU'RE IN ANOTHER COMMENTARY WITH THE JURY, RIGHT? >> WELL, I THINK THE PROBLEM WAS NOT HAVING NEIL ENTWHISTLE WATCH THE VIDEOTAPE IS TWO-FOLD. FIRST, THE JURY IS GOING TO WANT TO SEE HIM WATCH THE VIDEO AND IS GOING TO WANT TO GAGE HIM WATCHING THE VIDEO. THE SECOND IS, HE HAS THE RIGHT TO BE PRESENT DURING THE ENTIRETY OF THE TRIAL. THE PLAYING OF THE VIDEOTAPE IS EVIDENCE IN THE CASE, AND I THINK THE JURY WOULD THINK IT VERY STRANGE IF HE WERE NOT IN THE COURTROOM FOR THAT AND PERHAPS DRAW SOME ADVERSE INFERENCES TO HIM FROM THAT. >> FAIR ENOUGH. I THROW THESE IDEAS OUT THERE BECAUSE I'M ALWAYS CURIOUS WHAT VERY GOOD LAWYERS HAVE TO SAY IN RESPONSE. LET'S PUT ASIDE YESTERDAY. LET ME RETURN TO BETH KARAS. BETH, TELL US WHAT'S GOING ON THIS MORNING AND WHAT'S WE'RE GOING TO RETURN TO AFTER THE RECESS. >> A CIVILIAN EMPLOYEE OF THE MASSACHUSETTS STATE POLICE, JOHN SOARES, HAS BEEN ON THE STAND ALL MORNING. HE BEGAN HIS TESTIMONY YESTERDAY, AND HE IS ONE OF A FEW PEOPLE WHO COLLECTED EVIDENCE AT THE TWO CRITICAL SCENES. THE MASTER BEDROOM OF THE HOME AND THE BMW FOUND AT LOGAN AIRPORT. HE WAS COLLECTING WHAT WAS BLOOD, AT LEAST PRESUMPTIVELY TESTED POSITIVE FOR BLOOD, AND ITEMS FROM THE BED. BUT SOME BLOOD STAINS ON THE WALL. AND HE WAS ALSO COLLECTING GUNSHOT RESIDUE, AT LEAST DOING THE KIT ON THE HANDS OF RACHEL ENTWHISTLE. WE KNOW NO RESULTS OF ANY OF THE TESTS. WE COLLECTED EVIDENCE AND SUBMIT TD FOR ANALYSIS. WE WILL HEAR THE RESULTS LATER. AMONG THE THINGS THAT HE SWABBED IN THE BMW OR COLLECTED WERE THE STEERING WHEEL FOR GUNSHOT RESIDUE AND WATER BOTTLE IN THE CAR, IN THE CENTER CONSOLE. YOU SEE, THEY NEEDED TO GET ENTWHISTLE'S TN DNA. HE'S OUT OF THE COUNTRY. NO WORD FOR HIM TO SUBMIT, AT LEAST PREARREST, FOR A SWAB, BUCCAL SWAB FOR DNA. AND IT WASN'T UNTIL THE DNA RESULTS CAME BACK WITH HER DNA ON THE MUZZLE ON THE GUN AND HIS ON THE GRIP OF THE GUN, THAT THE DISTRICT ATTORNEY'S OFFICE FELT THEY HAD ENOUGH EVIDENCE, PROBABLE CAUSE, FOR THE ARREST WARRANT AND THAT HAPPENED FEBRUARY 7th. THE ARREST WARRANT WAS ISSUED IMMEDIATELY. HE WAS PICKED UP IN LONDON ON FEBRUARY 9th. ALL OF THIS PREDATES THE COLLECTION OF ITEMS THINGS. HE DID THE WATER BOTTLE TO GET SOME OF HIS DNA SO THEY COULD COMPARE IT TO WHAT WAS COLLECTED FROM THE GUN AND OTHER PLACES. >> OKAY. WE WILL TAKE A PAUSE AND WE WILL TAKE YOU BACK INTO THE MASSACHUSETTS COURTROOM AFTER THEY FUNNISH THEIR MORNING RECESS. FIRST, YOU KNOW I LOVE TO HEAR FROM YOU. KEEP SENDING ME THOSE E-MAILS. LET ME KNOW WHAT YOU THINK ABOUT THIS TRIAL OR ANYTHING ELSE ON YOUR MIND. LOGON TO CNN.COM/CRIME AND CLICK ON "BEST DEFENSE." OR E-MAIL ME DIRECTLY AT "BEST DEFENSE"@CNN.COM. I READ THEM ALL. I REALLY DO. >>> PROSECUTORS INTEND TO INTRODUCE EVIDENCE THAT THERE WAS A DARKER SIDE TO NEIL ENTWHISTLE, THAT WAS THE OTHERWISE LOVING AND CARING HUSBAND AND FATHER WAS ALSO TROLLING THE INTERNET IN SEARCH OF COMPANIONSHIP. BUT WHILE THE COMPUTER MAY EASILY BE EXAMINED TO SEE WHICH WEBSITES WERE VISITED, IT MIGHT BE MUCH HARDER TO DETERMINE WHO PERFORMED THOSE SEARCHES. ESPECIALLY IF THE COMPUTER WAS NOT TESTED FOR CERTAIN THINGS. YESTERDAY DEFENSE ATTORNEY ELLIOT WEINSTEIN UNDERSCORED THAT POINT WHEN HE CROSS-EXAMINED SERGEANT MARY RITCHIE OF THE MASSACHUSETTS STATE POLICE CRIME SCENE UNIT. AND THAT'S WHERE THE DEFENDANT TOOK ITS BEST SHOT. >> WERE YOU EVER PRESENTED A LAPTOP COMPUTER IN CONNECTION WITH THIS INVESTIGATION FOR FINGERPRINT ANALYSIS? >> NO. >> BASED ON YOUR REVIEW OF THE CRIME SCENE SERVICES, FORENSIC LABORATORY JACKET, WAS ANYBODY EVER PRESENTED WITH A LAPTOP COMPUTER FOR FINGERPRINT COMPARISON ANALYSIS? >> NO. >> WELL, THAT COULD ACTUALLY BE A VERY GOOD POINT FOR THE DEFENDANT. BECAUSE THE PROSECUTION IS TRYING TO PAINT NEIL ENTWHISTLE AS LEADING A DOUBLE LIFE IN ESSENCE. LET ME GO BACK TO OUR OWN BETH KARAS. BETH, WHAT ARE SOME OF THE ITEMS DEALING WITH THESE COMPUTERS THAT THE PROSECUTION WANTS THE STORY TO SEE AT SOME POINT? >> WELL, THERE ARE TWO LAPTOP COMPUTERS SEIZED FROM THE ENTWHISTLE HOME. FIRST IT WENT THROUGH SEARCH WARRANTS AND INVESTIGATED AND THERE WILL BE AN EXPERT TALKING ABOUT THAT. AND THE OTHER D.A., DANIEL BENNETT, IS THE ONE WHO WILL BE PRESENTING A LOT OF SCIENCE EVIDENCE. THERE ARE A NUMBER OF SEARCHES ON THE COMPUTER AND THEY ARE NOT JUST A WEEK BEFORE THE KILLING BUT THE KEY DATES ARE THAT WEEK BEFORE THE KILLINGS, JANUARY 16, 17th, 18th. THE KILLINGS ARE THE MORNING OF THE 20th. ON THOSE THREE DATES, WE KNOW THAT HE WAS ON THE 16th AND 17th SEARCHING FOR WAYS TO KILL -- I SHOULDN'T SAY HE. SOMEONE ON THE LAPTOP WAS SEARCHING FOR WAYS TO KILL A PERSON WITH A KNIFE, SUICIDE, EUTHANASIA, BANKRUPTCY. AT THE SAME TIME, AND SOMETIMES THE SAME DAY, THERE WERE SEARCHES FOR ESCORT SERVICES IN THE BOSTON AND WORCESTER AREA. WORCESTER IS A LITTLE WEST OF HERE. AND EVEN MAPQUEST FOR DIRECTIONS PERFORMED TO SOME OF THE THOSE LOCATIONS. SO, WE DON'T KNOW IF IT WAS NEIL ENTWHISTLE BUT I'M SURE WE ARE GOING TO HEAR THERE WERE LIMITED USERS OF THAT COMPUTER OR THE HISTORY WILL SHOW E-MAILS FOR RACHEL AND NEIL AND NO OTHER PERSON. I MEAN, I GUESS ONE COULD -- ONE COULD SPECULATE, EVEN IF IT DOESN'T SOUND TOO REASONABLE, THAT RACHEL ENTWHISTLE WAS MAKING ALL OF THESE SEARCHES, INCLUDING FOR ESCORT SERVICES, BUT I DON'T KNOW THAT, THAT WILL FLY WITH THE JURY. >> THERE ARE ALSO, BETH, LET ME GIVE YOU A QUICK FOLLOWUP. BOTH OF THOSE COMPUTERS WERE ALSO IN THE MATTERAZZO HOME WERE THEY MOVED TO THE ENTWHISTLE HOME? >> YOU KNOW, THEY HAD LIVED SEPTEMBER TO DECEMBER WITH THE MATTERAZZOS, AND I DON'T KNOW WHEN THEY OBTAINED THOSE COMPUTERS. THIS IS A GOOD QUESTION. I'M ASSUMING THEY BOTH. THEY MIGHT HAVE REQUIRED ONE CLOSER IN TIME TO MOVING INTO THE HOPKINTON HOME. THEY STARTED MOVING IN THERE JANUARY 7th. I DON'T BELIEVE THEY STARTED SLEEPING THERE UNTIL THE 14th AND THE MURDERS WERE ON THE 20th. BUT THEY ALSO -- THERE IS A COMPUTER IN THE MATTERAZZO HOME AND THERE IS TESTIMONY, YOU KNOW, ENTWHISTLE DID USE AN OFFICE ABOVE THE GARAGE AT THE MATTERAZZO HOME. WHEN HE LAST VISITED THEIR HOME, ONCE THEY HAD ALREADY MOVED TO HOPKINTON WITH RACHEL AND WILLIAM, IT WAS THE MONDAY BEFORE ON THE 16th. HE DID GO TO THE OFFICE AND GET ON A COMPUTER THERE. DON'T KNOW WHAT THE COMPUTER SHOWS FOR ANY SEARCHES ON JANUARY 16th. BUT I'M ASSUMING THEY HAD THEIR LAPTOPS AT THE MATTERAZZO HOME. WE WILL NEED TO HEAR THAT, THOUGH. >> JAY FAHY, I ACTUALLY HAD SOME THOUGHTS AS SOME OF THESE COMPUTER SEARCHES WERE DONE AT A TIME WHEN THE COMPUTER MAY HAVE BEEN AT THE MATTERAZZO HOME. THE DIFFICULTY NOW, I THINK, AS I HEAR BETH IS THAT MANY OF THE SEARCHES WERE DONE IN THE WEEK BEFORE THESE MURDERS AND, OF COURSE, THEN THE PEOPLE WHO ARE LIVING IN THAT HOME ARE NEIL AND RACHEL, UNLESS THERE'S EVIDENCE THAT THE MATTERAZZOS CAME INTO THAT HOME ON A VARIETY OF OCCASIONS. >> THIS COULD BE VERY PROBLEMATIC. ONE OF THE THINGS THEY WILL BE LOOKING AT, I'M SURE, E-MAILS BEFORE GOING TO THESE WEBSITES, TALKING ABOUT MURDER OR SUICIDE OR ESCORT SERVICES AND E-MAILS RIGHT AFTER THAT. IF SOMEONE LOGGED -- THE LOG-IN TIME, WHAT OVER THINGS ARE THERE. >> WHO ELSE WOULD BE THERE. >> I THINK THAT WILL BE VERY INSIGHTFUL. BUT THIS WILL OBVIOUSLY CREATE SOME PROBLEMS. >> IT'S VERY INTERESTING. IT MAKES ME ACTUALLY THINK ABOUT MY OWN COMPUTER USE WHEN I'M DOING E-MAILS AND I NEVER THINK ABOUT THE FACT I GO OFF MY E-MAIL ON ON TO THE INTERNET, USUALLY I'M LOOKING UP THE WEATHER CHANNEL BECAUSE I'M GETTING ON AN AIRPLANE. JOHN LACHANCE, ELLIOT WEINSTEIN IS A METICULOUS CROSS-EXAMINER AND IT LOOKS TO ME FROM HIS WORK THIS MORNING AND YESTERDAY, NOW WHAT HE IS DOING IS SAYING, LOOK, YOU DID A LOT OF THINGS, YOU POLICE OFFICERS, IN YOUR SEARCHES, BUT YOU DIDN'T DO EVERYTHING. THE DIFFICULTY, OF COURSE, IS WE NEED TO FIND OUT WHO ELSE MIGHT HAVE BEEN INVOLVED, FROM THE DEFENSE POINT OF VIEW. THAT'S THE HARD PART FOR THE DEFENSE, ISN'T IT? >> WELL, I THINK SO. IT'S ALWAYS DIFFICULT TO TRY TO FRAME A DEFENSE AROUND BLAMING SOMEONE ELSE UNLESS YOU'VE GOT, PARDON THE EXPRESSION, A SMOKING GUN OR SOME OTHER KIND OF EVIDENCE DIRECTLY LINKING ANOTHER PERSON. BUT YOU WERE JUST TALKING ABOUT THE TWO COMPUTERS AND YOU'RE TALKING ABOUT THEM BEING IN THE HOUSE AT THE TIME THE SEARCH WAS DONE. THE FACT IS, WE DON'T KNOW OR LEAST I HAVE NOT SEEN ANYTHING IN THE PRESS TO INDICATE WHEN THOSE COMPUTERS WENT FROM THE MATTERAZZO HOME TO THE ENTWHISTLE HOME IN HOPKINTON. IT MAY BE THAT THEY WERE LEFT THERE OR ONE OF THEM WAS LIEFT THERE FOR A PERIOD OF TIME AND BROUGHT UP TO THE HOPKINTON HOUSE LATER ON. PART OF THE PROBLEMS WITH FORENSICS IS IT OOSUSUALLY CAN L US THINGS THAT CONNECT ONE PERSON OR ONE ITEM TO ANOTHER BUT HAS VERY LITTLE POSSIBILITY OF TELLING US WHAT THE TIMING WAS, AND THAT MAY BE SOMETHING OF EXTREME IMPORTANCE IN THIS CASE. >> JAY FAHY, WE MAY NOT KNOW THE EXACT TIMING, BUT WE CAN GET SOME SUBSTANCEATION OF TIME. AND I THINK -- I WOULD NEVER PUT NEIL ENTWHISTLE ON THE WITNESS STAND. HE'S MADE ENOUGH STATEMENTS ALREADY. BUT I THINK HE'S GOING TO BE DIFFICULT TO SHOW THAT THIS COULD HAVE BEEN DONE BY SOMEONE ELSE WITHOUT NEIL ENTWHISTLE TESTIFYING. YET HAVING HIM TESTIFY IS A POTENTIAL FOR DISASTER. >> THIS IS A VERY TOUGH, TOUGH ISSUE FOR THE DEFENSE ATTORNEYS. I MEAN, THEY ARE GOING TO -- WHY DID HE FLEE OR FLEE OR GO OR WAS -- WHY WAS HE SO DISTRAUGHT THAT HE WENT BACK TO ENGLAND IS THE QUESTION? >> MAJOR QUESTION. >> HOW DOES HE EXPLAIN THAT? HOW DOES HE EXPLAIN THAT THERE MAY HAVE BEEN SOME OF HIS DNA ON THE GUN? THEY ARE GOING TO ATTACK THAT. BUT IF HE DOES NOT TAKE -- THIS IS AN IMPOSSIBLE QUESTION. IF HE DOES NOT TAKE THE STAND, THERE'S SO MUCH ISSUES OUT THERE THAT WILL BE IN THE JURORS' MINDS, DESPITE THE FACT THEY ARE TOLD BY THE JUDGE HE DOESN'T HAVE THE DUTY OR RESPONSIBILITY TO TAKE THE STAND. IN A CASE LIKE THIS, IF HE WAS EMOTIONALLY STRONG ENOUGH WITH ENOUGH PREP, I MIGHT PUT HIM ON THE STAND. BUT THAT'S A VERY PERM THING. >> YOU DON'T KNOW BECAUSE YOU DON'T KNOW. >> THE JURY WILL WANT HIM TO TAKE THE STAND. HE HAS NO PRIOR RECORD AND THERE ARE A LOT OF UNANSWERED QUESTIONS HERE YOU WILL NOT BE ABLE TO GET OUT MERELY THROUGH CROSS-EXAMINATION. >> I CAN SEE FROM MY MONITOR EVERYONE IS RISING, WHICH LOOKS TO ME LIKE THE JURY IS PROBABLY COMING IN. JOHN LACHANCE, LET ME TRY TO SQUEEZE IN A QUICK FOLLOWUP TO JAY WITH YOU. KNOWING WHAT YOU KNOW NOW AND UNDERSTANDING YOU HAVE NEVER MET NEIL ENTWHISTLE OR HAD A CONVERSATION WITH HIP, MIG HIM,T YOU PUT HIM ON THE STAND AS A DEFENSE LAWYER? >> I THINK YOU ALWAYS HAVE TO LEAVE THAT OPEN AS AN OPTION BECAUSE THERE MAY BECOME A POINT IN THE TRIAL THAT HE'S THE ONLY ONE WHO CAN EXPLAIN AN EXTREMELY CRUCIAL POINT WHICH YOU CAN ONLY WIN WITHOUT. THAT'S THE KIND OF EVALUATION THAT YOU HAVE TO MAKE AND YOU HAVE TO PREPARE HIM TO TESTIFY, EVEN IF HE'S NOT -- EVEN IF YOU DON'T THINK YOU'RE GOING TO PUT HIM ON. >> BETH, AS WE'RE STILL WAITING FOR THIS JURY AND, AGAIN, I MAY JUST BREAK IN WITH YOU, BUT THERE'S A LOT OF STATEMENTS. HOU HOU HOW MANY STATEMENTS DO WE KNOW NEIL ENTWHISTLE MADE, THAT HE'S TALKED TO PEOPLE? >> I DIDN'T REALIZE YOU WERE TALKING TO ME. FOUR PHONE CALLS TO JOE MATTERAZZO. ONE PHONE CALL TO TROOPER MATTING, WHICH WAS RECORDED OVER THE PHONE. WE ONLY KNOW THE BROAD STROKES ABOUT THAT. THE POLICE HAVE SAID HIS STATEMENTS DON'T JIVE WITH THE EVIDENCE AT THE SCENE. SO HE MIGHT HAVE SAID THE POSITION OF THE BODIES HE FOUND THEM IN IS DIFFERENT FROM WHAT THEY WERE IN, SOMETHING LIKE THAT. ALSO, HE SPOKE TO FRIENDS IN THE UK. STATEMENTS IN GENERAL TO FRIENDS IN THE UK WERE REFERRED TO THE IN THE PROSECUTOR'S STATEMENT OF THE CASE. HOWEVER, AND THERE ARE SOME PEOPLE -- A LOT OF PEOPLE FROM THE UK ON THE WITNESS LIST WITH 28 NAMES. SOME ARE SCOTLAND YARD, POLICE WITNESSES. BUT SOME MAY BE FRIENDS OR ACQUAINTANCES TO WHOM HE MADE STATEMENTS. >> FAIR ENOUGH. COURT HAS BEGUN. ELLIOT WEINSTEIN CONTINUING HIS CROSS-EXAMINATION OF JOHN SOARES. >> GUNSHOT RESIDUE EVIDENCE. >> YES, I DID. >> AND YOU DISCUSSED THAT THE EVIDENCE ITEMS THAT WERE COLLECTED ULTIMATELY WERE SENT TO THE ARSON UNIT FOR ANALYSIS OF THE ITEMS COLLECTED? ? >> THAT'S CORRECT. >> FOR THE MOST PART, THAT WAS ANALYSIS OF THE GUNSHOT RESIDUE COLLECTION ON THE STUBS. >> THAT'S CORRECT. >> AND YOU'RE GENERALLY FAMILIAR WITH WHAT GUNSHOT RESIDUE IS, AREN'T YOU? >> YES, SIR. >> AND MAYBE LIKE THE SOUND OF THE WORDS, IT'S THE RESIDUE FROM GUNSHOT. >> THAT'S CORRECT. >> SOMETIMES MORE PRECISELY DEFINED AS THE RESIDUE FROM THE PRIMER OF THE BULLET. >> CORRECT. >> WITHOUT US TRYING TO BE VALESTITIANS, FIREARM, FIRED AND THEN SOME KIND OF EXPLOSION. >> THAT'S FAIR TO SAY, YES. >> AND THEN POWER AND OTHER ORGANIC MATERIAL SPRAYS OUT. >> THAT'S CORRECT. >> AND THAT IS WHAT HAS THE MORE PRECISE LABEL AND SCIENTIFIC COMMUNITY OF GUNSHOT RESIDUE. >> THAT'S CORRECT. >> AND ONE REASON THAT YOU TEST FOR THE PRESENCE OF GUNSHOT RESIDUE, IT HELPS YOU DETERMINE WHETHER OR NOT SOMEBODY HAS HANDLED THE FIREARM. >> YES. >> AND ANOTHER REASON IS TO DETERMINE WHETHER SOMEONE WAS IN THE AREA WHEN A FIREARM DISCHARGED. >> THAT'S ALSO CORRECT. >> AND SO YOU HAD GUNSHOT RESIDUE INQUIRY WITH RESPECT TO THE VARIOUS ITEMS YOU TALKED ABOUT THIS MORNING. >> YES. >> BOTH ITEMS OF CLOTHING. >> THAT'S CORRECT. >> AND ON ITEMS OF BEDDING. >> THAT'S ALSO CORRECT. >> AND HANDS? >> YES. >> AND THAT -- YOU DESCRIBED FOR US, HAVEN'T YOU, THE UNIVERSE, THE ENTIRETY OF THE SCIENTIFIC EXAMINATION FOR THE PRESENCE OF GUNSHOT RESIDUE INSIDE OF THE MASTER BEDROOM. >> FOR PRIMARY PRESENCE, YES. >> THANK YOU VERY MUCH. >> SIR, THE TESTS WERE ALL CALLED BLOOD THAT YOU REFERRED TO EARLIER, WHEN YOU RECEIVE A NEGATIVE RESULT, WHAT SORT OF INFORMATION DOES THAT PROVIDE YOU AS A CHEMIST OR FORENSIC EXAMINER? >> THAT NO BLOOD IS PRESENT ON THAT SURFACE. >> DOES IT GIVE YOU ANY OTHER INFORMATION OTHER THAN THAT? >> NO, IT DOES NOT. >> BACK -- IF I CAN TAKE YOU BACK TO THE SCENE AT 6 CUBS PATH, DO YOU RECALL WHETHER OR NOT YOU AND CHEMIST DIGAN EXAMINED THE SCENE FOR HAIRS, FIBERS AND THE LIKE? >> YES, WE DID. >> AND DO YOU HAVE A RECOLLECTION AS TO WHETHER OR NOT ANY HAIRS OR FIBERS WERE RECOVERED? >> HAIRS WERE RECOVERED. >> DO YOU RECALL WHERE THEY WERE RECOVERED? >> THE FLOOR BED FRAME ON THE RIGHT SIDE, AS YOU WERE LOOKING AT THE BED IN THE ROOM. >> WAS THERE A REASON OR REASONS YOU HAD MADE A DETERMINATION NOT TO DO TESTS FOR BLOOD IN AREAS OR CERTAIN AREAS IN 6 CUBS PATH? >> YES, THERE WAS. >> WHAT WAS THAT REASON OR OTHER REASONS? >> THERE WAS A SIGNIFICANT AMOUNT OF VISIBLE BLOOD WITHIN THAT ROOM. >> IS THERE A REASON OR REASON WHY YOU DETERMINED NOT TO DO FURTHER -- EXCUSE ME, FURTHER GUNSHOT RESIDUE TESTS ON THE BMW ON THE 24th OF JANUARY? >> COULD YOU REPEAT THE QUESTION, PLEASE. >> WAS THERE A REASON THAT YOU HAD FOR NOT DOING ADDITIONAL GUNSHOT RESIDUE TESTS BEYOND THE STEERING WHEEL ON JANUARY 24th, 2006? >> IT WAS IN MY OPINION, THAT WAS THE MOST PROBABLE AREA FOR TRANSPORTATION OF THOSE MATERIALS. >> IS THAT BASED ON YOUR UNDERSTANDING OF THE CHARACTERISTICS OF GUNSHOT RESIDUE? >> THAT'S CORRECT. >> NOTHING FURTHER. >> GOOD MOMENT. AS WE KNOW BY NOW, NEIL ENTWHISTLE IS ACCUSED OF AN INCREDIBLY BRUTAL MURDER, A CRIME UNTHINKABLE TO MOST. KILLING NOT ONLY HIS WIFE, THEY SAY, BUT ALSO HIS BABY DAUGHTER. IF HE IS CONVICTED OF HE'S MURDERS, HIS PUNISHMENT WILL BE NO FREIGHT GREATER FOR KILLING A CHILD. WE WANT TO KNOW, DO YOU THINK A CHILD KILLER SHOULD RECEIVE MORE SEVERE PENALTY THAN IF HE OR SHE KILLS AN ADULT? OUR "BEST DEFENSE" CREW WENT OUT TO GET THE WORD ON THE STREET. >> I THINK IT SHOULD BE THE SAME PENALTIES, DEFINITELY. TO BREAK A LAW AND TO TAKE A LIFE, IT DOESN'T MATTER WHAT YOUR AGE IS, YOU SHOULD KNOW NOT TO DO THESE THINGS. >> I WOULD SAY SO, YES. >> IT'S HEINOUS AND DISGUSTING AS THAT IS, THE LAWS IN OUR COUNTRY DON'T REALLY PROVIDE FOR THAT PUNISHMENT TO BE DIFFERENT THAN THE KILLING OF AN ADULT. WHETHER IT'S RIGHT OR NOT ISN'T THE ISSUE. IT'S THE EQUITY OF LAW. >> THAT'S A HARD QUESTION. >> IT'S MORE OF A SEVERE CRIME. >> NO, A PERSON, SAME THING. MURDER IS MURDER. >>> WE HAVE A NEW PROSECUTOR WHO IS ASKING QUESTIONS. THIS IS DAVID BENNETT. THE PERSON HE IS QUESTIONING IS JEREMY ROIBEL, WHO IS BRINGING IN RECORDS FROM PAYPAL AND EBAY. >> DO THOSE RECORDS HAVE INFORMATION ABOUT ACCOUNTS MR. ENTWHISTLE HAS? >> YES. >> CAN I APPROACH THE WITNESS, YOUR HONOR? >> I PLACE A DOCUMENT BEFORE YOU, SIR. DO YOU RECOGNIZE THAT DOCUMENT? >> I DO. >> WHAT IS THAT? >> THIS IS THE ADMINISTRATIVE TOOLS PAGE FOR THE PAYPAL ACCOUNT BELONGING TO NEIL ENTWHISTLE. IT'S BASICALLY THE BACK END OF THE PAYPAL SYSTEM. WE HAVE THE FRONT END BEING THE TOOL THAT PEOPLE WOULD USE IF THEY WERE GOING TO SEND THE PAYPAL PAYMENT. AND THEN WE HAVE THE BACK END, AND THE BACK END IS WHAT A PAYPAL EMPLOY WOULD LOOK AT IF THERE WERE ANY ISSUE THAT CAME OUT. WE WOULD NOT SEE YOUR PAYPAL ACCOUNT BUT THE ADMINISTRATIVE TOOLS FOR EACH INDIVIDUAL ACCOUNT. >> AND IS THAT PAGE IN THE DOCUMENTS THAT I PLACED IN FRONT OF YOU, DID THOSE COME FROM THE CD THAT'S ALREADY BEEN MARKED INTO EVIDENCE? >> YES. >> AT THIS TIME, YOUR HONOR, I ASK TO MARK THAT AS AN EXHIBIT ALSO. >> I APOLOGIZE, YOUR HONOR. I SHOULD HAVE WALKED BY. >> WOULD YOU SHOW IT TO COUNSEL, PLEASE? >> VERY INTERESTING THAT THEY ARE GOING TO THE SIDEBAR. WHAT HAPPENED HERE, OF COURSE, IS THE ASSISTANT DISTRICT ATTORNEY HAD THE WITNESS IDENTIFY SOME ACCOUNTS FROM EBAY, BROUGHT THEM OVER TO THE DEFENSE TABLE. AS YOU CAN SEE, THERE WAS A BIT OF DISCUSSION AMONGST THE TWO DEFENSE LAWYERS AND NEIL ENTWHISTLE AND MR. WEINSTEIN ASKED IF HE COULD APPROACH THE BENCH. JAY, ORDER ORDINARILY, THESE THINGS ARE SETTLED OUT PRETRIAL. >> USUALLY OFTEN TIMES EVERYBODY KNOWS WHAT THE EVIDENCE IS GOING TO BE. YOU OFTEN WILL STIPULATE TO DIFFERENT PIECES OF EVIDENCE. ESPECIALLY SOMETHING LIKE THIS SINCE HE'S THE CUSTODIAN OF RECORDS. >> HE DOESN'T HAVE ANY PERSONAL INFORMATION. >> IT'S JUST RECORDS FROM A COMPANY. SOMETIMES A PROSECUTOR WOULD WANT TO HAVE A WITNESS TO SAY WHAT IT IS TO HAVE A BETTER IMPACT BUT GENERALLY A JUDGE WILL OFTEN TRY TO FORCE PEOPLE TO DO STIPULATIONS JUST TO MAKE THE TRIAL MOVE SMOOTHER. BUT THERE SHOULDN'T BE EVIDENTIARY ISSUES WITH SOMETHING LIKE THIS? >> NO, IT'S INTRIGUING. I'M SURPRISED MYSELF. JOHN LACHANCE, YOU WERE A FEDERAL PROSECUTOR, AS I WELL REMEMBER, IN THE FEDERAL COURT MOST TIMES, JOHN, THINGS ARE ALL PREMARKED. ALL OF THAT IS TAKEN CARE OF. SO THEN THEY JUST COME IN, RIGHT? >> WELL, NORMALLY, THE JUDGES THERE MAKE YOU MARK THE EXHIBITS THAT ARE AGREED TO AND THEN ANY EXHIBITS THAT ARE NOT AGREED TO ARE PUT ON A SEPARATE LIST, AND THOSE ARE INTRODUCED OR THE ATTORNEYS ATTEMPT TO INTRODUCE THEM DURING THE COURSE OF THE TRIAL. BUT MOST TIMES THE IDEA IS TO SPEED UP THE TRIAL, NOT WASTE THE JURORS' TIME. YOU CAN, YOU KNOW, SOMETIMES BE PENALIZED BY THE JURY IF THEY OBSERVE YOU APPARENTLY, YOU KNOW, JUST BLOCKING THINGS TO TRY TO BLOCK THEM FOR NO APPARENT REASON. >> I THINK THAT'S VERY TRUE. RIGHT NOW I CAN SEE WHEN I LOOK DOWN AT MY MONITOR, THEY ARE STILL AT THE SIDEBAR. IT'S A GOOD TIME FOR A BREAK, RIGHT? GOOD TIME TO LOOK AT OUR 13th JUROR QUESTION. TODAY WE WANT TO KNOW, WILL ENTWHISTLE'S BEHAVIOR IN COURT AFFECT THE JURY? VERY INTERESTING. SO FAR, ONLY 54% OF YOU ARE SAYING YES. 46% OF YOU VOTING NO. I HAVE TO THINK ABOUT THAT. LOGON TO CNN.COM/CRIME TO CAST YOUR VOTE. THIS IS "THE BEST DEFENSE." >>> THE WITNESS ON THE STAND, JEREMY ROYBAL, IS A FRAUD INVESTIGATOR FOR EBAY. HE HAS JUST GOTTEN TO THE POINT WHERE HE'S TALKING ABOUT AN ACCOUNT SET UP BY NEIL ENTWHISTLE. >> IN TURNING TO PAGE TWO OF THAT DOCUMENT, DOES IT HAVE URL INFORMATION? >> IT -- IT SHOULD, BUT IT DOESN'T ALWAYS HAVE TO. HOLD ON. YOU SAID PAGE TWO. I DON'T SEE IT ON PAGE TWO. OH, ALTERNATE URL. THERE IS ONE BUT IT'S NOT POPULATED, THE FIELD ISN'T. >> NOW LOOKING DOWN ON PAGE TWO, LOWER DOWN ON THE DOCUMENT, DOES IT HAVE A LINE FOR TIME CREATED? >> IT DOES, YES, SIR. >> WHAT IS THE TIME CREATED ON THIS DOCUMENT? >> OCTOBER 13th, 2004, AT 4:15:37 PACIFIC DAYLIGHT TIME. >> AS THE OFFICIAL RECORD KEEPER FOR EBAY, WHAT IS THE SIGNIFICANCE OF THAT TIME? >> COULD YOU REPHRASE THE QUESTION, PLEASE? >> WHAT'S THE SIGNIFICANCE OF THAT TIME? >> I WILL SEE YOU AT THE SIDEBAR, PLEASE. >> THIS IS A SITUATION WHERE YOU DO HAVE METICULOUS DEFENSE ATTORNEYS BUT YET THEY HAVE NOT BEEN GOING UP TO THE SIDEBAR FOR OBJECTIONS VERY OFTEN AT ALL. JAY FAHY, THE QUESTION WAS, WHAT IS THE SIGNIFICANCE OF THE TIME? AND THAT -- THAT MAY BE THE PROBLEM, RIGHT, THAT PHRASE? >> THAT PHRASE MIGHT BE BECAUSE HE MAY NOT -- I DON'T KNOW IF THE PROPER FOUNDATION WAS LAID THAT HE WOULD KNOW ALL OF THE PHRASES IN THAT PARTICULAR DOCUMENT, TO, YOU KNOW, THE PREDICATE QUESTION PROBABLY SHOULD HAVE BEEN, DO YOU UNDERSTAND EVERYTHING THAT'S WRITTEN ON THAT PAGE? CAN YOU TELL US, IS THERE A MENTION OF TIME? WHAT DOES IT SAY ABOUT TIME? WHAT IS THE SIGNIFICANCE OF THAT? BUT THIS IS NOT A MAJOR -- ANY DECENT LITIGATOR IS GOING TO KNOW THAT YOU MAY HAVE NEEDED TO LAY A LITTLE MORE THAN A FOUNDATION. >> I DON'T EITHER. JOHN LACHANCE, AS I CONTINUE TO WATCH THIS IN MY MONITOR TO SEE WHEN IT BREAKS, THE QUESTION ABOUT TIME, THOUGH, COULD BE VERY SIGNIFICANT IN THIS CASE BECAUSE OF WHEN THESE ACCOUNTS WERE SET UP AND THEN WHEN THEY FALL APART, WHICH WE BELIEVE THE PROSECUTION WILL ATTEMPT TO SHOW, THAT TIME IS A FACTOR IF THE TIME IS RECORDED CORRECTLY. SO I DO THINK IT'S IMPORTANT TO BOTH SIDES, YES? >> POTENTIALLY. I THINK WHAT MAY BE THE ISSUE REGARDING THE SIGNIFICANCE OF THE TIME, WHAT THEY MAY BE GETTING TO IS THE FACT THAT IT IS PACIFIC TIME, AND THE REASON IT'S PACIFIC TIME IS BECAUSE THAT'S WHERE THE HEADQUARTERS OF EBAY IS LOCATED, SO THAT CONSISTENTLY THE TIMES ON THE -- ON THE RECORDS ARE GOING TO BE PACIFIC TIME, NOT EASTERN TIME. >> OH, I GOT IT. >> THAT'S THE ONLY THING I CAN THINK OF. THAT'S THE ONLY THING I CAN THINK OF. >> THAT'S GOOD. I HAVE THIS FACTOR THAT I HAVE A BLACKBERRY, AND MY BLACKBERRY GIVES ME PACIFIC TIME BECAUSE I LIVE IN CALIFORNIA BUT MY PHONE NUMBER IS A 917 AREA CODE, WHICH IS A NEW YORK PHONE NUMBER, BECAUSE I'VE ALWAYS KEPT IT. AND WHEN I KEPT THAT NEW YORK 917 PHONE NUMBER, IF I GET A VOICEMAIL MESSAGE, IT WILL GIVE IT TO ME IN NEW YORK TIME SO I ALWAYS IN CALIFORNIA HAVE TO SUBTRACT THREE HOURS. FASCINATING. LET'S SEE WHAT'S HAPPENING IN COURT. >> SIR, HOW ARE THESE RECORDS CREATED? >> THESE RECORDS ARE CREATED -- WELL, WHEN THE USER PRESSES ENTER, THEY ARE POPULATED INTO THEIR EXPACORE RESPONDING COLUM. THEY ARE NOT STORED, THEY ARE IN A DATABASE IN SPREAD SHEET FASHION WITH COLUMNS AND ROWS. AND EACH COLUMN AND ROW HAS A SPECIFIC NAME. WHEN AN INDIVIDUAL IS CREATING A PAYPAL ACCOUNT AND PRESSES ENTER, THE CORRESPONDING INFORMATION GOES TO ITS APPROPRIATE COLUMN OR ROW. SO WHEN I CALL UP AN ACCOUNT SUCH AS THIS ONE ON MY ADMIN TOOLS, I CAN SEARCH USER PAGE SO IT BRINGS EVERYTHING UP IN THIS FASHION. SO TO ANSWER YOUR QUESTION, THIS IS MADE WHEN AN INDIVIDUAL PRESSES ENTER, IT GOES IMMEDIATELY INTO THE KPENDING PLACE. >> HOW IS IT TO YOUR KNOWLEDGE THIS INFORMATION IS CREATED? >> I WAS MAYBE THE FOURTH CUSTOMER SERVICE REPRESENTATIVE AT PAYPAL. I TESTED MANY OF THE PRODUCTS. I JUST KNOW HOW IT WORKS FROM AN INTIMATE KNOWLEDGE OF THE SYSTEM. >> AND FROM YOUR INTIMATE KNOWLEDGE OF THE SYSTEM, IS THERE A LINE ON THE ACCOUNT INFORMATION THAT SAYS TIME CREATED? >> YES, THERE IS. >> AND WITH REGARDS TO THE DOCUMENTS WHICH YOU HAVE ALREADY BEEN -- THE IDENTIFICATION, IS THERE A TIME NEXT TO THAT TIME CREATED? >> THERE IS. >> WHAT IS THE TIME AND DATE? >> THE TIME AND DATE SOCKET 13th, 2004, AT 4:50 AND 37 SECONDS PACIFIC DAYLIGHT TIME. >> AND BASED ON YOUR KNOWLEDGE OF HOW THE DOCUMENTS ARE CREATED AND THE PURPOSE WHICH THEY ARE CREATED FOR, WHAT IS THE REASON THAT, THAT TIME IS THERE? >> JUST TO KEEP TRACK OF WHEN THE ACCOUNT WAS CREATED. >> OKAY. SO THAT'S THE FIRST TIME THE ACCOUNT WAS CREATED, IS THAT CORRECT? >> YES, SIR. >> AT THIS TIME, YOUR HONOR, I WOULD OFFER THIS DOCUMENT AS AN EXHIBIT. >> AS I UNDERSTAND IT, THERE IS AN EXHIBIT THAT THE NUMBER OF THE EXHIBIT THAT IS THE DVD, PLEASE. EXHIBIT 60 THAT THIS IS A PRINTOUT OF A PORTION OF THE CONTENTS OF EXHIBIT 60? >> THAT'S CORRECT, YOUR HONOR. >> IS THERE AN OBJECTION? >> YES. >> AT THE PRESENT TIME, IT WILL REMAIN MARKED FOR IDENTIFICATION AND I WILL HEAR YOU WHEN WE BREAK. >> OKAY, THANK YOU, YOUR HONOR. >> THANK YOU. >> IF I MAY TALK TO THE WITNESS, YOUR HONOR? >> SIR, I PLACE ANOTHER DOCUMENT IN FRONT OF YOU. DO YOU RECOGNIZE WITH THAT DOCUMENT IS? >> I DO. >> WHAT IS THAT DOCUMENT? >> THIS IS THE ACCOUNT INFO ADMINISTRATIVE TOOLS PAGE WITH THE USER WITH THE SAME NAME AS OUR LAST NEIL ENTWHISTLE AND DIFFERENT E-MAIL ADDRESS. >> WHAT DOES DD-2 INDICATE IS THE E-MAIL ADDRESS? >> DD-2 -- >> IF YOU COULD, THE E-MAIL ADDRESS. >> ADMIN@SR PUBLICATIONS.DO.UK. >> SIR, WITH REGARDS TO THAT, IS THERE A -- ALONG WITH AN E-MAIL ADDRESS ON PAGE TWO OF THAT DOCUMENT, IS THERE A URL? >> THERE IS. >> WHAT'S A URL? >> HTTP CLONE WWWRSRPUBLICATIONS.DO.UK. >> WHAT IS A URL, SIR? >> AN URL IS A WEB ADDRESS, A WEB ADDRESS OF A SITE. >> WITH REGARD TO THIS PARTICULAR DOCUMENT ON PAGE THREE, IS THERE A TIME CREATED ON THAT PARTICULAR DOCUMENT? I'M SORRY, ON PAGE TWO. >> THERE IS. >> WHAT IS THE TIME CREATED ON THAT DOCUMENT? >> FEBRUARY 6th, 2003, AT 5:43.01 PACIFIC STANDARD TIME. >> WITH REGARDS TO THE DOCUMENT ITSELF, WHAT DOES THAT MEAN? >> IT MEANS -- THE ACTUAL CREATION TIME IS WHEN THE INDIVIDUAL CREATING THE ACCOUNT CLICKS, THEY AGREE TO THE USER AGREEMENT, SO THERE'S A SMALL RADIAL BUTTON ONE HAS TO CLICK IN AND INDICATE THEY HAVE READ IT OR AGREE TO IT AND SUBMIT. AS SOON AS YOU SUBMIT SO THE INDIVIDUAL CREATING THE ACCOUNT SUBMITS THAT PAGE, THEY HAVE CREATED THEIR PAYPAL ACCOUNT. >> THANK YOU. >> ON FEBRUARY 6, 2003, AT 5:43.01 PACIFIC STANDARD. >> NOW, I PLACE ANOTHER DOCUMENT IN FRONT OF YOU WITH DD-3 ON IT. DO YOU RECOGNIZE THAT DOCUMENT? >> I DO. >> WHAT IS THAT DOCUMENT? >> THIS IS ALSO A DIFFERENT ADMIN TOOL, PAYPAL ADMIN TOOLS ACCOUNTS PAGE FOR THE SAME NEIL ENTWHISTLE AND STILL A DIFFERENT E-MAIL ADDRESS. >> WHAT IS THIS E-MAIL ADDRESS? >> SALES@SRPUBLIC KAKS.CO.UK. >> AS FAR AS THIS DOCUMENT, DOES IT HAVE A TIME CREATED ON THAT? >> IT DOES, YES. >> WHEN WAS THAT DOCUMENT CREATED? >> THIS WAS CREATED MAY 27th, 2003, AT 8:18.01 PACIFIC DAYLIGHT TIME. >> DOES IT HAVE AN ADDRESS ON THE DOCUMENT, ON PAGE ONE? >> IT DOES, YES. >> WHAT IS THE ADDRESS. >> THE ADDRESS IS 3 LAKE GROVE, DETWICH, SHORTENED FOR WORCESTER AND THE POSTAL CODE IN THE UK. >>> WE'RE COMING TOWARDS THE TOP OF THE HOUR. WHILE THERE'S A PAUSE, GOOD TIME TO TAKE A BREAK. WE WILL BE BACK WITH MUCH MORE LIVE TESTIMONY FROM THE MASSACHUSETTS COURTROOM. CALL TODAY FOR THE GOLD DON'T GO AWAY. >>> THIS IS "THE BEST DEFENSE." BY ALL ACCOUNTS NEIL ENTWISTLE WAS A LOVING HUSBAND AND ATENTATIVE FATHER, BUT WAS HE ALSO CAPABLE OF MURDERING HIS FAMILY AS THEY LAY PEACEFULLY IN BED? ENTWISTLE CLAIMS HE RETURNED HOME TO FIND RACHEL AND 9-MONTH-OLD LILLIAN DEAD. A MASSACHUSETTS PROSECUTOR BELIEVES ENTWISTLE HIMSELF IS THE MAN THAT FIRED THE SHOTS THAT ENDED THEIR LIVES. JOINING US NOW LIVE FROM OUTSIDE THE WOBURN COURTHOUSE OUR CORRESPONDENT BETH KARAS. BETH, AS WE'VE BEEN LISTENING TO THIS TESTIMONY WE HAVE A NEW PROSECUTOR AND A NEW WITNESS. TELL US WHAT'S GOING ON. >> YES, THE NEW WITNESS, WITNESS NUMBER 30 IN THE CASE. HE IS A FRAUD INVESTIGATOR FOR eBAY FOR EIGHT YEARS NOW. HE STARTED OUT AT PAYPAL, BUT WHEN eBAY BOUGHT PAYPAL HE BECAME AN EMPLOYEE OF eBAY. HE'S BEEN WITH THE COMPANY FOR EIGHT YEARS AND HE'S GOING THROUGH A CD THAT HE HAD PREPARED PURSUANT TO A SUBPOENA FOR NEIL ENTWISTLE'S RECORDS ON eBAY. HE'S GOING THROUGH A NUMBER OF E-MAIL ADDRESSES AND DATES THEY WERE CREATED IN 2003 AND '04 AND ONE EVEN CREATED IN 2006 AND THEY DEAL WITH LOOKS LIKE PERSONAL AND PRIVATE. ONE OF THEM IS FOR RACHEL. IT IS UNDER HER NAME, eBAY@ENTWISTLE.U.S., CREATED ABOUT 15 DAYS BEFORE SHE WAS KILLED. THERE'S THE SRPUBLICATIONS.CO.UK. WE'LL HEAR THAT RELATED TO AN ONLINE PORNOGRAPHY BUSINESS. I THINK HE MAY HAVE BEEN SELLING SOFTWARE TO HELP PEOPLE GET INTO THE ADULT PORN BUSINESS. THIS WITNESS IS ONLY ESTABLISHING WHEN ACCOUNTS WERE CREATED. DON'T KNOW IF HE'LL GO INTO DETAILS ABOUT THE TYPE OF BUSINESS. HOWEVER, HE IS A FRAUD INVESTIGATOR AND HE MAY ALSO TALK ABOUT HOW NEIL ENTWISTLE WAS BASICALLY BOOTED OFF OF eBAY BECAUSE OF A LOT OF COMPLAINTS ABOUT HIM IN DECEMBER '05 AND EARLY JANUARY '06. >> ALL RIGHT, VERY WELL SUMMARIZED, AS USUAL, BETH. THANK YOU. WE'LL HEAD BACK INTO THE COURTROOM. STILL WATCHING WITH US, JAY FAHY. I'LL ASK YOU TO STAND BY AS WE RETURN AND GO LIVE. NOW, SIR, IS IT -- OKAY, THANK YOU. SIR, ON YOUR COMPUTER SCREEN, YOU'LL HAVE TO TURN YOUR FACE SO THE JURY CAN HEAR YOU AS WE TALK. I APOLOGIZE. >> THAT'S ALL RIGHT. >> SPEAK UP, SIR, JUST SO THAT EVERYBODY -- MAKE SURE ALL THE JURORS IN THE BACK. >> ALL RIGHT. >> ON THE COMPUTER SCREEN IN FRONT OF YOU, DO YOU RECOGNIZE WHAT IS ON THERE? >> I DO. >> WHAT IS ON THERE? >> THIS IS THE FILE THAT I SENT. I WOULD NORMALLY CALL IT THE FIRST NAME AND LAST NAME OF THE PERSON BUT BECAUSE WE HAVE TWO PEOPLE ON THE SUBPOENA, MAYBE EVEN A THIRD, I DIDN'T REALLY KNOW TO WHAT IT WAS PERTAINING SO I NAMED IT THE MOST COMMON LAST NAME. >> YOU JUST CLICK ON SOMETHING. WHAT DID YOU CLICK ON? >> I APOLOGIZE. I CLICKED ON THE ORIGINAL FOLDER, THAT FIRST FOLDER YOU ALL SAW CONTAINS FIVE INDIVIDUAL FOLDERS, EACH REPRESENTING ONE PAYPAL ACCOUNT. >> NOW, SIR, ON THE SCREEN -- IF YOU COULD GO UP THERE. SPEAK UP. THEN YOU'LL HAVE TO RETURN TO THE SEAT. >> ARE ALL OF YOU ABLE TO SEE THIS OKAY? >> THERE ARE FIVE YELLOW BOXES ON THE SCREEN. COULD YOU IDENTIFY WHAT EACH BOX IS, STARTING ON THE LEFT-HAND SIDE? >> HERE WE HAVE ENTWISTLE, LAST NAME, FIRST, AND THE PRIMARY E-MAIL ADDRESS OF THE ACCOUNT IN QUESTION, YOU ARE ABLE TO HAVE A NUMBER OF E-MAIL ADDRESSES BUT ONLY ONE PRIMARY. THIS HERE IS THE PRIMARY E-MAIL. FOLLOWING DOWN BELOW THAT -- >> AND, SIR, WHEN YOU SAY THE FIRST ADDRESS, FOR THE RECORD THE UPPER LEFT-HAND BOX, ONCE YOU CLICKED ON, WHAT IS THE NAME ON THAT BOX? >> THE NAME ON THIS BOX HERE IS ENTWISTLE, NEIL. E-MAIL ADDRESS, ENTWISTLE@IEE.ORG. >> NOW RIGHT BELOW IT, THE SECOND YELLOW BOX, THE SECOND YELLOW BOX, SIR, IF YOU COULD POINT TO THAT AND READ THAT INFORMATION. >> AGAIN, LAST NAME FIRST, ENTWISTLE FOLLOWED BY FIRST NAME NEIL-PAYPAL@U NEIL-PAYPAL@UK.COME. >> GO TO THE YELLOW BOX BELOW THAT. >> ENTWISTLE, RACHE RACHEL-eBAY@ENTWISTLE.U.S. >> GOING OVER TO THE RIGHT-HAND SIDE THERE'S TWO FOLDERS. >> FIRST ONE IS ENTWISTLE, NEIL-PAYPAL@ENTWISTLE.US. >> RIGHT BELOW THAT BOX ON THE RIGHT-HAND SIDE WHAT'S THE NAME ON THAT BOX AND THE E-MAIL ADDRESS? >> ENTWISTLE, NEIL-SALE@SRPUBLICATIONS.CO.UK. >> IF YOU COULD RE-TAKE THE STAND, SIR. WHAT IS THE SIGNIFICANCE WITH REGARDS TO RECORDS? WHAT IS THE REASON THAT THERE ARE FIVE SEPARATE FOLDERS ON THE COMPUTER? >> EACH FOLDER REPRESENTS A UNIQUE PAYPAT ACCOUNT, AN INDIVIDUAL PAYPAL ACCOUNT. >> ONCE AGAIN WHAT IS PAYPAL. >> PAYPAL IS ONION LINE PAYMENT MECHANISM WHEREBY YOU ARE ABLE TO ASSOCIATE A FINANCIAL INSTRUMENT, WHETHER IT BE CREDIT CARD OR BANK ACCOUNT, WITH YOUR PAYPAL ACCOUNT AND SEND MONEY TO A PERSON WHO ALSO WOULD HAVE A PAYPAL ACCOUNT. IT IS A MONEY TRANSMISSION, SENDING -- A PAYMENT MECHANISM. >> I'D ASK YOU TO TURN YOUR CHAIR TO THE COMPUTER AT THIS POINT AND CLICK ON THE UPPER LEFT-HAND BOX WHICH SHOULD BE NEIL ENTWISTLE@IEE.OR >> HERE WE'RE DEALING WITH THINGS THAT ARE PROBABLY VERY FAMILIAR TO MANY OF YOU DEALING WITH PAPAL ACCOUNTS AND DEALING WITH eBAY. THIS IS VERY IMPORTANT TO THIS PROSECUTION BECAUSE WHAT THEY REALLY WANT TO SHOW ULTIMATELY IS THAT ALL THESE VARIOUS ACCOUNTS WERE SET UP, THAT MANY OF THEM RELATE TO THE ADULT ENTERTAINMENT BUSINESS, WHICH IS THE UCHL MICHL, AND THAT THESE ACCOUNTS, THESE GET-RICH-QUICK SCHEMES ABOUT SETTING UP YOUR OWN ADULT ENTERTAINMENT BUSINESS FOR OTHER PEOPLE, PEOPLE PAID MONEY ON eBAY, AND THEN NOTHING WAS FORTHCOMING, AND THAT THAT WAS PART OF WHAT WAS SQUEEZING NEIL ENTWISTLE, ACCORDING TO THE PROSECUTION, IN ORDER TO MAKE HIS DESPERATE ENOUGH TO KILL. THAT'S THEIR THEORY. SO JAY FAHY, I STILL SAY THIS. THIS IS A YOUNG MAN WHO APPEARED TO HAVE A LOT OF PROMISE. HE HAD A GOOD EDUCATION. FROM EVERYTHING WE KNOW ABOUT THAT, HE APPEARED TO HAVE A GOOD JOB WHEN HE WAS IN LONDON. IT MAY NOT BE QUITE AS MYSTERIOUS AS HE WANTED IT TO SEEM, OF A DEFENSE CONTRACTOR'S WORK. BUT FROM WHAT WE KNOW HE CERTAINLY APPEARED TO HAVE A GOOD JOB. THEY CERTAINLY HAD ENOUGH MONEY TO PUT INTO A BANK ACCOUNT WHEN THEY MOVED INTO THAT HOUSE, GET HE'S DOING THESE GET-RICH-QUICK SCHEMES AND THEY ARE ALL STARTING TO FOLD AROUND HIM. BUT, BOY, IT JUST SEEMS TO ME IT'S SUCH A LEAP FROM THAT TO KILLING YOUR WIFE AND A CHILD YOU APPEARED TO DOTE ON. >> IT DOES. A DIRECT CORRELATION, EVEN IF YOU'RE FAILING A LITTLE BIT FINANCIALLY OR EVEN IN A MAJOR WAY, TO KILL A 9-MONTH-OLD CHILD, THEN YOUR 27-YEAR-OLD WIFE, IT MAKES NO SENSE. THERE MIGHT BE ANOTHER ANGLE THEY'RE TRYING TO INDIRECTLY GET TO ALSO. IF WE REMEMBER FROM THE LAPTOP COMPUTERS, HE WAS GOING TO SITES FOR ESCORTS, HE WAS GOING TO -- SOMEONE WAS GOING TO SITES FOR HOW TO GET TO PARTICULAR LOCATIONS FOR ESCORT SERVICES. THAT, IN AN INDIRECT WAY, TIES HIM WITH SETTING UP PORN SITES AND THINGS LIKE THAT. THE PROSECUTION I THINK IS ALSO TRYING TO MAKE THAT CONNECTION. MAYBE A DOTTED LINE CONNECTION INSTEAD OF A STRAIGHT-LINE CONNECTION. >> JOHN, THERE IS ALWAYS THAT -- I CALL IT "IT GIVES ME THE WILLIES" FACTOR IN A CASE WHERE, AND THIS WHERE YOU START GETTING NEAR THE ADULT PORN BUSINESS AND ESCORT SERVICES, THAT, AS MUCH AS ONE MIGHT TRY TO SEPARATE THAT OUT FROM THE FACT OF A HOMICIDE CASE, THAT HAS -- THAT HAS A SPILLOVER EFFECT. DOESN'T IT? >> OH, I THINK IT DEFINITELY DOES. I THINK PART OF WHAT THAT KIND OF EVIDENCE DOES IS TO PREJUDICE THE JURY AGAINST ENTWISTLE AS A PERSON AND TO GIVE THEM THE CHANCE TO DRAW INFERENCES THAT THEY'RE NOT SUPPOSED TO DRAW WHICH ARE THAT SOMEBODY WHO'S DOING THESE KINDS OF THINGS ON THE INTERNET, WHO'S MAKING THESE KINDS OF SEARCHES IS A BAD PERSON, AND BECAUSE HE'S A BAD PERSON, THAT HE'S MORE LIKELY TO HAVE COMMITTED THE OFFENSES THAN OTHERWISE. AND I THINK THAT THE ATTEMPT TO -- I DON'T KNOW EXACTLY WHAT YOU CALL IT. I THINK IT'S MORE OF A DIRTYING UP THE DEFENDANT SO THAT THE JURY IS MORE WILLING TO BELIEVE WHAT THE PROSECUTION HAS FOR EVIDENCE, CREATES PROOF BEYOND A REASONABLE DOUBT. >> WELL, IT'S CERTAINLY INTERESTING, IF THAT'S THE WORD I'M GOING TO ATTACH TO IT AT THE MOMENT. I MEAN THE PROSECUTION CERTAINLY CAN GO FORWARD TO SHOW MOTIVE AND ALSO IT'S DEALING ULTIMATELY WITH A FINANCIAL MOTIVE, NOT THAT HE WAS LIKE AFTER INSURANCE OR ANYTHING LIKE THAT, BUT THE FACT THAT THE PROSECUTION IS ATTEMPTING TO SAY THAT THIS IS A GUY WHO HAD THESE GET-RICH-QUICK SCHEMES AND THEY WERE ALL GOING DOWN THE CHUTE AND HIS CREDIT WAS GOING DOWN THE CHUTE AND ULTIMATELY HE JUST COULDN'T COPE ANYMORE AND IT'S A GOOD STRATEGY FOR THE PROSECUTION. A VERY DIFFICULT ONE TO OVERCOME FOR THE DEFENSE. I CAN LOOK DOWN AT MY MONITOR. THEY ARE STILL AT SIDEBAR SO MUCH MORE FROM THE MASSACHUSETTS COURTROOM AFTER THIS BREAK. AND A LOOK AT WHAT SOME OF YOU HAVE BEEN SAYING ABOUT THIS CASE. DENISE IN NEBRASKA WRITES -- IF NEIL ENTWISTLE IS INNOCENT, THEN WHY WOULD HE PANIC AND LEAVE THE COUNTRY? I WOULD THINK HE WOULD WANT TO FIND OUT WHAT HAPPENED TO HIS FAMILY HE SUPPOSEDLY LOVED SO MUCH. MOST INNOCENT PEOPLE WOULD CALL THE POLICE RIGHT AWAY. JANET FROM ARIZONA SAYS, ALTHOUGH MR. ENTWISTLE IS A SUSPECT, WE HAVEN'T HEARD THE DEFENSE CASE YET. THERE'S ALMOST ALWAYS TWO SIDES TO EVERY STORY. LET'S KEEP AN OPEN MIND. THANKS FOR THOSE COMMENTS. KEEP THEM COMING. WE'LL BE RIGHT BACK. >>> WELCOME BACK. WE ARE STILL IN THE ENTWISTLE COURTROOM IN WOBURN, MASSACHUSETTS, BUT IN THE MIDST OF TRYING TO GET IN THIS EVIDENCE, ABOUT eBAY AND PAYPAL, THAT THE PROSECUTION HAS BEEN ATTEMPTING TO DO, THAT AT SOME POINT THE DEFENSE WENT TO THE SIDEBAR AND THERE WAS ANOTHER OBJECTION AND THEY ARE MAKING IT VERY DIFFICULT, WHICH THEY SHOULD BE DOING, IF IT'S APPROPRIATE, MAKING IT VERY DIFFICULT FOR THE PROSECUTION TO GET THIS STUFF IN. SO THE JUDGE MADE A DECISION THAT, RATHER THAN HAVE THE JURY SIT THERE WHILE THEY WERE TRYING TO ARGUE THIS OUT, THAT SHE DECLARED A TEN-MINUTE RECESS. WHILE WE HAD THAT OPPORTUNITY, IT'S PROBABLY TIME FOR THOSE OF YOU WHO HAVE NOT SEEN THIS CASE FROM THE VERY BEGINNING, WE FIRST STARTED TO SHOW IT LAST FRIDAY WITH OPENING STATEMENTS AND THE FIRST WITNESSES, IT IS TIME FOR US TO TAKE A LOOK AT HOW THIS WHOLE CASE DEVELOPED WITH A REPORT FROM BETH KARAS. >> WE BELIEVE POSSIBLY THAT THIS WAS INTENDED TO BE A MURDER-SUICIDE, BUT WE CANNOT CONFIRM THAT. OBVIOUSLY THE MURDER WAS AFFECTED. THE SUICIDE WAS NOT. >> Reporter: ON A QUIET WINTER NIGHT IN A SUBURB OUTSIDE OF BOSTON, THE POLICE WERE CALLED TO THE HOUSE OF NEIL AND RACHEL ENTWISTLE. GUESTS HAD ARRIVED FOR A CONTINUER PARTY BUT THE FAMILY WAS NOWHERE TO BE FOUND. POLICE DID A CURSORY SEARCH OF THE HOUSE TWICE BEFORE MAKING A GRUESOME DISCOVERY. >> NEIL ENTWISTLE, WITH A FIREARM THAT WE BELIEVE HE HAD SECURED AT SOME TIME BEFORE THAT, SHOT RACHEL ENTWISTLE IN THE HEAD, THEN PROCEEDED TO SHOOT BABY LILLIAN WHO WAS LYING ON THE BED NEXT TO HER MOTHER. >> Reporter: THE ONE THING THEY COULD NOT FIND WAS NEIL ENTWISTLE. MASSACHUSETTS INVESTIGATORS LEARNED HE HAD RETURNED TO HIS PARENTS' HOME OUTSIDE OF LONDON. >> NEIL ENTWISTLE WAS ARRESTED THIS MORNING JUST BEFORE NOON LONDON TIME, JUST BEFORE 7:00 OUR TIME, ON TWO CHARGES OF MURDER. THE MURDER OF RACHEL ENTWISTLE AND LILLIAN ENTWISTLE. >> Reporter: ENTWISTLE WAIVED EXTRADITION AND RETURNED TO THE UNITED STATES TO FACE THE CHARGES. SPECULATION IS THAT FINANCIAL DIFFICULTY MAY HAVE PLAYED A ROLE IN THE MURDERS. >> YOU WILL BE HELD WITHOUT BAIL UNTIL SUCH TIME. >> Reporter: THE ARRAIGNMENT IN A MASSACHUSETTS COURTROOM ATTRACTED NATIONAL MEDIA ATTENTION. >> IT IS CLEAR NOW THAT MR. ENTWISTLE HAS BEEN FORMALLY CHARGED IN THIS COURT WITH TWO CRIMES OF MURDER. BY HIS PLEA OF NOT GUILTY, THE PROCESS THAT WE THINK IS IMPORTANT IN THIS COUNTRY OF JUSTICE, AND FAIRNESS, IS UNDER WAY. >> Reporter: DESPITE HIS PLEA OF NOT GUILTY, SIX WEEKS AFTER HIS ARRAIGN PT, A GRAND JURY INDICTED ENTWISTLE FOR THE MURDERS OF HIS WIFE AND BABY DAUGHTER. >> I'M GOING TO VIGOROUSLY, AGGRESSIVELY, AND SUCCESSFULLY DEFEND MR. ENTWISTLE. I'M GOING TO DO THAT IN THE ONLY ARENA THAT COUNTS, AND THAT'S THE COURTROOM. >> WELL, I'VE ALWAYS HAD THESE TWO HATS THAT I PUT ON, AND AS I GO TO YOU, JOHN LACHANCE, I WILL MENTION THEM. ONE IS MY JOURNALIST HAT HERE AT truTV AND "IN SESSION," AND MY OTHER HAT IS I SAY, GOSH, I WANT TO HEAR EVERYTHING, ALL KINDS OF THINGS FROM THE DEFENSE LAWYER. THEN I PUT ON MY CRIMINAL DEFENSE HAT AND SAY, IF I'M DEFENDING THIS CASE I DON'T WANT THIS CASE TRIED IN THE MEDIA. IT IS A DILEMMA, THOUGH, ISN'T IT, FOR THE DEFENSE LAWYER? BECAUSE SOMETIMES YOU DO HAVE TO TALK TO THE MEDIA. >> ABSOLUTELY. THE FACT IS THAT THE PROSECUTOR'S OFFICE, REPRESENTING THE PUBLIC AND THE GOVERNMENT, HAS AN OBLIGATION TO DISCLOSE CERTAIN INFORMATION ABOUT THE CASES THAT THEY'RE PROSECUTING. AND WHEN THEY DO THAT, THEY OFTEN PRESENT INFORMATION THAT BUTTRESSES THE CASE AND, IN EFFECT, CAN TEND TO PREJUDICE THE INDIVIDUALS WHO ARE GOING TO BE SITTING ON THAT JURY. SO A DEFENSE ATTORNEY IN SUCH A CASE -- AND ESPECIALLY IN A HIGH-VISIBILITY CASE -- HAS AN OBLIGATION TO ATTEMPT TO LEVEL THE PLAYING FIELD AND TO PRESENT INFORMATION, GENERALLY INFORMATION THAT'S DISCLOSED IN COURT OR THROUGH PLEADINGS, THAT TEND TO BALANCE OUT THE CASE SO THAT WHEN IT COMES TIME FOR JURY SELECTION, YOU'RE NOT TOTALLY OVERWHELMED BY THE AMOUNT OF PUBLICITY THAT'S GOTTEN OUT. AND SOME OF THAT PUBLICITY IS EITHER MISREPORTED AT TIMES OR IS MISINTERPRETED AT TIMES, AND THAT'S WHY TRIALS ARE THE WAY THEY ARE. SOMEBODY'S GOT TO BE ABLE TO SIT THROUGH THE EVIDENCE FROM BEGINNING TO END AND BE ABLE TO EVALUATE THE EVIDENCE AND TO DO THAT WITHOUT ANY PREDISPOSITION TO ONE SIDE OR THE OTHER. >> RIGHT. JAY FAHY, ONE OF THE THINGS I THINK OUR VIEWERS MAY NOT BE FAMILIAR WITH IS THE FACT THAT THE AMERICAN BAR ASSOCIATION AND STATE BAR ASSOCIATIONS HAVE SET UP VERY STRICT ETHICAL STANDARDS ABOUT PUBLICITY COMING FROM LAWYERS. AND YOU BEST FOLLOW THOSE RULES OR YOU'RE IN TROUBLE. >> AND THOSE RULES SHOULD BE IN EFFECT. I FOUND MORE RECENTLY PROSECUTORS, D.A.'S OFFICES, ARE VERY CAREFUL ABOUT WHAT THEY SAY IN THEIR PRESS RELEASES. THEY CALL THEM THE ACCUSED, THESE ARE ONLY CHARGES, MOST D.A. PRESS STATEMENTS SAY "THESE ARE ONLY CHARGES AGAINST A PARTICULAR DEFENDANT." I THINK THAT'S A VERY GOOD THING BECAUSE THERE IS SO MUCH ROOM TO PREJUDICE THE POTENTIAL JURY POOL THAT THAT NEEDS TO HAPPEN. >> AND RESPONDING, JAY, IF YOU WILL TO JOHN LACHANCE'S POINT, SOMETIMES THE DEFENSE REALLY HAS TO RESPOND IN THE PRESS, BECAUSE THE PROSECUTOR DOES LET OUT -- APPROPRIATELY. I'M NOT SAYING UNETHICALLY OR INAPPROPRIATELY. APPROPRIATELY THE PROSECUTION CAN LET OUT A STATEMENT OF WHAT THE CHARGES ARE AND CERTAIN FACTS ABOUT THE CASE. CERTAINLY THE NOW-ATTORNEY GENERAL OF MASSACHUSETTS WAS THEN THE D.A. KNOWS HOW TO HANDLE THE PRESS IN AN ETHICAL MANNER. BUT IF YOU SAY NOTHING, YOU REALLY HAVE THE POSSIBILITY OF A TAINTED JURY POOL. >> YES. AND I THINK THE COMMENTS THAT WE JUST SAW TWO MINUTES AGO WERE PERFECT, THAT I'M NOT GOING TO FIGHT THIS IN THE PRESS, WE'RE GOING TO GO TO COURT, THEY'RE GOING TO BE PUT TO THEIR BURDEN OF PROOF AT THE END OF THE DAY MY CLIENT IS GOING TO BE FOUND INNOCENT. THAT'S A PERFECT THING FOR A DEFENSE ATTORNEY TO SAY. >> ONE OF THE MORE COMPLICATED ISSUES IN THIS AREA IS WHEN YOU HAVE NOT JUST A HIGH-PUBLICITY CASE BUT A HIGH-PUBLICITY CLIENT. I'VE REPRESENTED MAYORS AND SHERIFFS AND EVEN MARTHA STEWART WHERE YOU'RE PLAYING ALMOST THREE-DIMENSIONAL CHESS WHERE THE PERSON HAS A PUBLIC PERSONA AND ARE FORCED TO RESPOND IN THAT WAY, EVEN THOUGH THE DEFENSE ATTORNEYS SOMETIMES ARE TRYING TO MUZZLE THEIR PARTICULAR CLIENT BUT THEY CAN'T BECAUSE, AGAIN, IT IS A PUBLIC PERSONA. THAT GETS EVEN MORE COMPLICATED, MORE PROBLEMATIC. >> AS I CONTINUE TO WATCH THE MONITOR TO SEE WHAT'S HAPPENING IN THE COURTROOM, THEY'RE STARTING TO COME TOGETHER. AND JOHN LACHANCE, LET ME TAKE A COMMENT OUT TO YOU. WE CERTAINLY SAW IT, NOT ONLY WITH POLITICIANS, BUT WE CERTAINLY HAVE SEEN IT WITH MAJOR FOOTBALL PLAYERS, MICHAEL VICK COMES TO MIND MOST RECENTLY, OF PEOPLE WHO DO HAVE A NEED TO RESPOND PUBLICLY, EVEN IF IT IS JUST A SENTENCE OR TWO. AND YET IN THIS PARTICULAR CASE I THINK THE PUBLICITY ABOUT THIS FLIGHT AFTER KILLING THIS MOTHER AND CHILD WAS SO DEVASTATING AND I THINK ELLIOT HAD TO TAKE THE STANCE HE TOOK. HE COULD NOT COME UP WITH SOME OTHER STORY. >> NO, YOU'RE RIGHT. I THINK THAT THE BEST THING THAT AN ATTORNEY CAN DO IN A HIGH-PUBLICITY CASE WHERE THE INDIVIDUAL ACCUSED IS NOT NECESSARILY A HIGH-PUBLICITY PERSON OR HIGH-PUBLICITY PERSONA, IS TO FOCUS ON THE SYSTEM AND WHAT THE PROCESS IS AND INDICATE THAT BECAUSE THERE ARE CERTAIN RULES THAT THEY HAVE TO FOLLOW WITH REGARD TO PUBLICITY, THAT THEY'RE NOT GOING TO MAKE COMMENTS ABOUT THE FACTS IN THE CASE AND ARE GOING TO LET THAT PLAY OUT IN COURT FOR EVERYBODY TO SEE AT THE SAME TIME. >> JAY FAHY, WE WIND UP THEN, AS IT HAPPENED IN THIS CASE, THAT THEY TOOK SOME, I THINK, PRETTY GOOD PRECAUTIONS ABOUT PICKING THIS JURY. THE DEFENSE MOVED APPROPRIATELY FOR A CHANGE OF VENUE BECAUSE OF PRE-TRIAL PUBLICITY, BUT THE REALITY IS, IF YOU HAVE JURORS WHO SAY, YEAH, I HEARD ABOUT THE CASE, I READ ABOUT THE CASE, I SAW SOMETHING ABOUT THE CASE ON TV, BUT I HAVE AN OPEN MIND AND I CAN TRY THE CASE, I CAN BE A JUDGE OF THE FACTS ACCORDING TO WHAT I HEAR IN THE COURTROOM, AND I DON'T HAVE A BIAS. WELL, YOU CAN'T GET RID OF THAT JUROR. I MEAN BY CAUSE. >> RIGHT, YOU CANNOT. WHEN I GET A SITUATION LIKE THAT, THEN ANOTHER LEVEL OF ANALYSIS COMES. YOU WAIT UNTIL YOU'RE DOWN TO YOUR LAST COUPLE OF JURY CHALLENGES AND MAKE A DECISION. IF YOU KNOW SOMEONE HAS READ ABOUT IT OR HAS SEEN IT ON TV, I WOULD -- USUALLY I WOULD TRY TO GET RID OF THAT MONEY AS LONG AS I HAD ENOUGH ROOM IN MY JURY CHALLENGES. BECAUSE PEOPLE, I THINK, EVEN IF THEY'RE TRYING TO BE HONEST, IF THEY SUBLIMINALLY SEE OR READ ABOUT A NOTORIOUS CASE, THAT'S STILL IN THE BACK OF THEIR MIND AND I DON'T WANT TO TAKE THAT RISK WITH MY CLIENT IF I HAVE THE EXTRA CHALLENGES. >> WELL, I AGREE WITH YOU. AND YET, THERE MAY BE SOME TIMES, JAY, WHERE YOU'RE LOOKING AT A SITUATION AND THERE'S SOMETHING ABOUT THAT JUROR THAT IS INDEFINABLE, SOMETHING THAT YOU SUDDENLY DO WANT THAT JUROR AND YOU CAN'T QUITE DESCRIBE IT, OR -- >> OR THE OTHER WAY. >> -- OR THE OTHER WAY. OR PERHAPS, WHAT I HAVE OFTEN SAID IS THAT IF THE CLIENT SAYS, WHO'S SITTING NEXT TO YOU, I LIKE THAT PERSON, AND THE CLIENT RULES. >> RIGHT, CLIENT CONTROLS. HE COMES FIRST. BUT THAT'S ANOTHER HARD ART FORM. >> IT IS. IT IS. AND ONE OF THE THINGS HERE IS THAT IN THE STATE OF MASSACHUSETTS, THE JUDGE USUALLY IS THE PERSON WHO DOES THE -- WHAT WE CALL THE JURY VOIR DIRE, INTERROGATION OF THE JURY, JUST LIKE IN THE FEDERAL COURT AND OTHER STATES THE LAWYERS DO IT. I HAVE SOME THOUGHTS WHILE WE'RE WAITING FOR COURT TO START, AND IT HAS TO DO WITH THE JUDGE. SO SINCE THE MURDER OF RACHEL AND LILLIAN ENTWISTLE SOME TWO YEARS AGO, THE CASE MADE INTERNATIONAL HEADLINES AND NEIL ENTWISTLE'S TRIAL HAS BEEN HIGHLY ANTICIPATED SINCE HIS ARREST JUST WEEKS LATER. SO IT REALLY TAKES A STERN EFFICIENT JUDGE TO KEEP THIS HIGH-PROFILE CASE UNDER CONTROL, AND ONE WHO CAN BE FAIR O BOTH THE STATE AND THE DEFENDANT. SO JUST WHAT DO WE KNOW ABOUT THE JUDGE WHO PRESIDES OVER THIS CASE? LET'S TAKE A LOOK AT THAT JUDGE ON THE BENCH. THE HONORABLE DIANE KOTTMYER. SHE GRADUATED FROM BOSTON COLLEGE AND BOSTON COLLEGE LAW SCHOOL, WHICH BY THE WAY IS ALSO DEFENSE ATTORNEY ELLIOTT WEINSTEIN'S ALMA MATER. SHE WAS A FOUNDING MEMBER OF THE WOMEN'S BAR ASSOCIATION OF MASSACHUSETTS. SHE SERVED AS D.A. IN ESSEX COUNTY NORTH OF BOSTON AND AS A LAW CLERK IN THE UNITED STATES DISTRICT COURT FOR MASSACHUSETTS. SHE WAS APPOINTED TO THE BENCH AS AN ASSOCIATE JUSTICE OF THE MASSACHUSETTS SUPERIOR COURT IN 1995. WELL, JOHN LACHANCE, I'M GOING BACK OUT TO YOU BECAUSE YOU PROBABLY KNOW DIANE. I'VE KNOWN DIANE SINCE WE BOTH WERE LAW CLERKS AT THE SAME TIME IN THE FEDERAL COURT. I FIND DIANE TO BE ONE OF THE SMARTEST, MOST THOUGHTFUL PEOPLE. SHE WAS A GREAT LAWYER. SHE HAD A CELEBRATED CASE IN MASSACHUSETTS AS A PROSECUTOR, AS I RECALL, WHERE SHE PROSECUTED A HUSBAND FOR ALLEGEDLY RAPING HIS WIFE. IT WAS REALLY AN AMAZING CASE THAT WENT FORWARD. AND SHE'S HIGHLY RESPECTED ON THE BENCH, ISN'T SHE? >> YES, SHE IS, ARE BEING KI. AS A MATTER OF FACT I'VE NOT ONLY HAD THE OPPORTUNITY TO APPEAR IN FRONT OF HER, I'VE ALSO HAD THE OPPORTUNITY TO CROSS EXAMINE HER. AS YOU MAY RECALL, JUDGE KOTTMYER WAS WITH THE NEW ENGLAND STRIKE FORCE ON ORGANIZED CRIME BACK IN 1989. AND AT THAT TIME SHE SUPERVISED THE WIRETAP THAT CAUGHT THE GUILD STREET MAFIA INDUCTION CEREMONY IN BEDFORD. AND AS THINGS TURNED OUT I ENDED UP REPRESENTING AN INDIVIDUAL A FEW YEARS AGO AND THE ISSUE OF THE ROVING WIRETAP CAME UP AND SO I HAVE SEEN HER FROM BOTH SIDES OF THE WITNESS STAND AND THE BENCH. SHE'S EXTREMELY BRIGHT. SHE'S EXTREMELY METICULOUS. SHE'S VERY WELL SPOKEN. I THINK GETTING BACK TO WHAT YOU WERE SAYING ABOUT IMPANELLING A JURY, I THINK SHE DID HER BEST TO TRY TO IMPANEL A JURY, BUT JUDGES IN MASSACHUSETTS, UNFORTUNATELY, THE LAWYERS DON'T GET TO TALK TO THE PROSPECTIVE JURORS, AND THE PROSPECTIVE JURORS CAN BE ASKED QUESTIONS BY THE JUDGE, LIKE, YOU KNOW, YOU CAN BE FAIR, CAN'T YOU? WELL, THAT PRESENTS A PROBLEM AS TO WHETHER OR NOT THEY CAN RESPOND TO A JUDGE BY SAYING THAT THEY CAN'T BE FAIR. THERE IS AN ISSUE WITH VOIR DIRE IN MASSACHUSETTS, AND BOTH ON THE CIVIL SIDE AND ON THE CRIMINAL SIDE, PEOPLE ARE PUSHING HARD FOR MORE ATTORNEY PARTICIPATION IN THE VOIR DIRE PROCESS. >> WELL, I CERTAINLY AGREE WITH THAT. I'VE ACTUALLY FILED MOTIONS WHEN I WAS PRACTICING IN MASSACHUSETTS TO HAVE A LIMITED AMOUNT OF TIME TO DO MY OWN VOIR DIRE AS A LAWYER. I THINK IT'S REALLY HELPFUL. THERE ARE MASTERS OF VOIR DIRE. JERRY EXPENSE, BOY, THE COWBOY LAWYER OUT OF WYOMING, TO WATCH HIM VOIR DIRE A JURY OR TEACH IT IS REALLY A THING OF BEAUTY. WELL, BEFORE THE WITNESS GETS BACK ON THE STAND, LET ME TAKE THAT BOTTOM OF THE HOUR BREAK. WE'LL BE BACK WITH MUCH MORE. >>> WE RETURNED TO LIVE TESTIMONY IN THE COURTROOM. AGAIN THIS IS JEREMY ROYBAL. HE IS BEING EXAMINED BY THE PROSECUTOR, DAVID BENNETT. WE'RE DEALING WITH THESE PAYPAL AND eBAY ACCOUNTS. >> ARE THERE CERTAIN AT eBAY AND PAYPAL, ARE THERE CERTAIN INFORMATION THAT IS PUT INTO BOX E? >> YES. >> AND YOUR EXPERIENCE AS KEEPER OF THE RECORDS FOR eBAY AND PAYPAL, DO CERTAIN INFORMATION IN BOX E HAVE A MEANING TO YOU AS THE KEEPER OF THE RECORDS? >> YES. >> -- FOR eBAY AND PAYPAL? ALL RIGHT. NOW LET'S GO ON TO BOX D. WHAT IS BOX D? >> BOX D IS THE ACTION DATA. >> AS A KEEPER OF THE RECORDS FOR PAYPAL, DOES BOX D HAVE A MEANING TO YOU? >> IT'S -- YES. >> WHAT IS THE MEANING TO YOU OF BOX D? >> THE WITNESS MAY ANSWER. >> THE ACTION DATA COLUMN IS THE DATA THAT CORRESPONDS -- I THINK IT'S OUT OF BATTERIES. IT'S NOT MINE SO I'M NOT SO SURE. BUT I CAN ANSWER THE QUESTION WITHOUT THE VISUAL. >> IF YOU WOULD. >> SO AGAIN, IF YOU GUYS REMEMBER -- OKAY. ACTION DATA IS THE DATA THAT CORRESPONDS TO THE ACTION IN THE PREVIOUS COLUMN. >> NOW, SIR, WITH REGARDS TO THE COMPUTER, YOU NEED IT PLUGGED IN TO ACTUALLY SHOW THE DIFFERENT LINES. THAT'S FAIR TO SAY. CORRECT? >> YES, SIR, I DO. THERE MAY BE A -- IT MIGHT WORK. >> I THINK MY GUEST THE OTHER DAY MADE THE COMMENT THAT WHAT OFTEN HAPPENS IS THAT COMPUTERS GO DOWN, DVD PLAYERS DON'T WORK, CD PLAYERS DON'T WORK, FILMS DON'T WORK, THINGS BREAK DOWN IN THE COURTROOM AND I DISPUTED IT A BIT, BUT, BOY, HAVE WE REALLY SEEN IT IN THE LAST COUPLE OF DAYS. SO THEY ARE GOING TO THE SIDEBAR AND THAT GIVES ME AN OPPORTUNITY TO SPEAK WITH MY GUEST AND WHEN I FIND OUT THAT ALL THESE MICROPHONES ARE OPEN, WHICH I JUST FOUND OUT, WE CAN TALK. I'M SITTING ACROSS JAY FAHY, AND YESTERDAY A JUROR HAD BEEN DELAYED. AS A RESULT OF THE JUROR BEING DELAYED THERE WAS A TWO-HOUR DELAY IN COURT. THEN THE WHOLE POINT OF COMING INTO COURT WAS TO SEE THIS VIDEO FOR THE JURORS TO SEE THIS VIDEO OF 18 MINUTES OF THE SEARCH OF THE CRIME SCENE ITSELF AND THE VIEWING OF THE BODIES. AND THEY GO TO PUT IT IN, AND IT DOESN'T WORK. AND MY GUEST, JUST WITHOUT EVEN A QUESTION, SAYS TO ME, THEY NEVER WORK! AND I SAID, WELL, OF COURSE THEY WORK! BUT THE TRUTH IS, JUDGE KOTTMYER MADE THE COMMENT ABOUT IT IS FRIDAY THE 13th. BUT THE REALITY IS, JURIES MUST GO OUT OF THEIR MINDS WHEN THINGS LIKE THIS HAPPEN. >> THEY HAVE TO. AS A LITIGATOR, I'VE HAD ABOUT FOUR OR FIVE TIMES WHERE A TAPE RECORDER THAT I PLAYED 20 TIMES BEFORE I PLAYED IN COURT, ALL OF A SUDDEN THE MACHINE DOESN'T WANT TO WORK OR DISPLAYS DON'T WORK WHEN THEY SHOULD WORK. THESE THINGS HAPPEN ALL THE TIME. IT IS SO EMBARRASSING FOR THE ATTORNEY THAT'S TRYING TO PROFFER THAT PARTICULAR PIECE OF EVIDENCE. I WAS WATCHING THE PROSECUTOR'S FACE. HE WAS STOIC. HE WASN'T SIGHING OR THINGS LIKE THAT, BUT UNFORTUNATELY, IT IS VERY EMBARRASSING AND I THINK THE JURY DOES TAKE IT OUT AGAINST THE PERSON WHO IS TRYING TO PRESENT IT. TO A SMALL DEGREE. >> TO A SMALL DEGREE WHEN THEY'RE AGGRAVATED. BECAUSE IT IS FRIDAY! LET'S GO BACK IN. THEY'VE STARTED TO SPEAK AGAIN. >> OKAY. ARE YOU FAMILIAR WITH BOX D? >> I AM VERY FAMILIAR WITH THIS COLUMN. >> AND HOW IS IT THAT YOU BECAME FAMILIAR WITH THIS COLUMN AS A KEEPER OF RECORDS FOR eBAY? >> REPETITION OF LOOKING AT THE RECORDS. IT DOESN'T MAKE SENSE. >> AS YOU LOOK AT COLUMN E, AS A KEEPER OF THE RECORDS FOR eBAY, HAVING WORKED THERE TEN YEARS, ARE THERE CERTAIN WORDS IN THERE THAT HAVE A MEANING TO YOU BECAUSE OF YOUR FAMILIARITY WORKING AT eBAY? >> YES, SIR. >> AND ARE THERE CERTAIN WORDS AND CODES THAT YOU HAVE SEEN REPETITIVELY OVER AND OVER AGAIN AS THE KEEPER OF RECORDS FOR eBAY? >> YES. >> AND WITHIN eBAY AND PAYPAL, WHICH IS A SUBDIVISION OF eBAY, ARE THERE CERTAIN CODES AND WORDS THAT ARE REPEATED THAT HAVE MEANING TO YOU PERSONALLY BECAUSE OF YOUR WORK AT eBAY AS KEEPER OF RECORDS? >> YES, SIR. >> NOW I'D ASK YOU TO GO TO LINE 213 ON THIS PARTICULAR ACTIVITY ACCOUNT. I WANT YOU TO, IF YOU COULD GO ALL THE WAY OVER TO THE LEFT. NOW, WITH REGARDS TO LINE 213, IS THERE A DATE ATTACHED TO LINE 213? >> YES. >> WHAT'S THE DATE? >> JANUARY 21st, 2006, 2:35:54 PACIFIC STANDARD TIME. >> BASED ON YOUR PERSONAL EXPERIENCE AS KEEPER OF RECORDS FOR eBAY, WHAT DOES THAT REFER TO? >> THE TIME THAT THIS -- THAT THIS IS THE TIME THAT THE ACTION WAS CONDUCTED. >> NOW I'M ASKING YOU NOW TO GO STRICTLY TO COLUMN C. COLUMN C. AND IN COLUMN C, IT HAS IP ADDRESS. WHAT DOES THAT SIGNIFY TO YOU AS A KEEPER OF RECORDS FOR eBAY OF YOUR PERSONAL KNOWLEDGE? >> OBJECTION. >> THE WITNESS MAY ANSWER. >> I CAN HAVE A STANDING OBJECTION? >> YES. >> THIS IS KIND OF FASCINATING, BECAUSE IT IS A TEMPEST IN A TEAPOT. THEY'RE SAYING YOU CAN'T JUST BE A KEEPER OF THE RECORDS HERE BUT YOU ALSO HAVE TO HAVE PERSONAL KNOWLEDGE AND THEY ARE DISTINCT. YOU CAN BE A KEEPER OF RECORDS THAT DOESN'T HAVE PERSONAL KNOWLEDGE OF ANYTHING. FINALLY THE JUDGE WAS GOING TO LET THE WITNESS ANSWER, BUT THEN ELLIOTT WEINSTEIN SAID, WELL, JUDGE, I'D LIKE A PROFFER OF WHAT THIS ANSWER IS GOING TO BE, THAT IS AN OFFER OF PROOF. THAT'S WHAT THEY'RE DOING NOW WHICH GIVES US AN OPPORTUNITY FOR A QUICK BREAK. BUT FIRST, A "BEST DEFENSE" LEGAL FLASHBACK. HARD TO BELIEVE THREE YEARS AGO TODAY, POPEYE CONMICHAEL JACKSON'S CHILD MOLESTATION TRIAL ENDED WITH THIS VERDICT, HEARD BY CROWDS OUTSIDE A SANTA MARIA, CALIFORNIA COURTROOM. >> VERDICT -- WE, THE JURY, IN THE ABOVE ENTITLED CASE, FIND THE DEFENDANT NOT GUILTY OF A LEWD ACT UPON A MINOR CHILD AS CHARGED IN COUNT 3 OF THE INDICTMENT, DATING JUNE 13th, 2005, FOREPERSON NUMBER 80. >> WAS IT REALLY THREE YEARS AGO? THE THEN-46-YEAR-OLD JACKSON WAS ACQUITTED OF CHARGES, INCLUDING CHILD MOLESTATION, ATTEMPTED CHILD MOLESTATION, CONSPIRACY, AND PROVIDING ALCOHOL TO MINORS. THE JURY FOUND JACKSON NOT GUILTY AFTER THE TRIAL WHICH CAPTURED THE MEDIA'S ATTENTION FOR NEARLY FOUR MONTHS. WE'LL BE RIGHT BACK. >>> WHAT CAUSED NEIL ENTWISTLE TO LEAVE THE COUNTRY? WAS IT PANIC OVER FINDING HIS FAMILY DEAD? OR WAS HE TRYING TO GET AWAY WITH THEIR MURDERS? MUCH MORE IN 90 SECONDS. >>> WE'RE GOING TO GO BACK INTO THAT COURTROOM. THE WITNESS CONTINUING, JEREMY ROYBAL, THE KEEPER OF RECORDS FOR BOTH THE PAYPAL AND eBAY RECORDS IN THIS CASE. >> -- FOR BUYER TRANSACTION NUMBER 58BO2497, ET CETERA, ENDING IN "K." ORIGINAL TRANSACTION WAS 3249, I BELIEVE BRITISH POUNDS. PB IS BRITISH POUNDS ON DECEMBER 30, 2005. MAXIMUM REFUND AVAILABLE AT THIS TIME IS 17 POUNDS. THE COVERAGE TYPE IS eBAY SELLER PROTECTION POLICY, ATTACH CASE NUMBER PP-133-540. THIS IS AN ADMINISTRATIVE -- JUST A NUMBER, ID NUMBER. >> JUST ANSWER THE QUESTION, SIR. JUST ANSWER THE QUESTION. >> THAT MOTION IS DENIED. MOTION TO STRIKE IS DENIED. >> PLEASE GO LINE 225, SIR. NOW ON LINE 225, IF YOU'LL GO TO BOX A, WHAT IS THE DATE? >> JANUARY 20th, 2006. AT 15:40:08. >> WITH REGARDS TO -- YES, YOUR HONOR. >> DO YOU NEED A MINUTE? ALL RIGHT. IF YOU NEED TO CONFER WITH COUNSEL, JUST ASK FOR TIME TO DO THAT. >> IT'S STRANGE IN THIS CASE, WHICH HAS GONE SO SMOOTHLY BASICALLY UP TO THIS POINT, AND I GUESS THAT WE'RE GOING TO GO RIGHT BACK IN. >> THERE'S NO WAY TO EXPAND BEYOND THE SIZE OF THE SCREEN SO I HAVE TO CLICK ON LINE, THEN YOU HAVE TO SEE IT WRAPPED AT THE TOP. IF YOU NOTICE UP HERE IT'S WRAPPED. >> ALL RIGHT. >> SIR, IN COLUMN A, ON LINE 225, WHAT IS THE DATE? >> JANUARY 20th, 2006. >> WHAT IS THE INFORMATION IN THE "ACTOR" COLUMN? >> NENTWISTLE AT IEE.ORGANIZE. >> WHAT IS THE INFORMATION IN THE "ACTION" COLUMN? >> BUYER COMPLAINT SUBMITTED. >> WHAT IS THE INFORMATION IN THE "ACTION DATA" COLUMN? >> BUYER COMPLAINT RECEIVED ON TRANSACTION I.D. 6FP652560T3888644, WHICH OCCURRED ON DECEMBER 29th, 2005, FOR 3249 POUNDS, ATTACK CASE 3 PP -- 1985 IS RECEIVED. DISPUTED IS NONRECEIPT. TYPE, SELLER PROTECTION POLICY. >> GO TO LINE 218, PLEASE, SIR. GO BACK TO THE DATE, POLICE. WHAT IS THE DATE AND TIME ON THAT? >> DATE IS JANUARY 20th, 2006, 17:21:04. >> AND WITH REGARDS TO THE ACTOR, WHO WAS THE ACTOR? >> BATCH ACTOR. >> WITH REGARDS TO THE ACTION, WHAT IS THE ACTION? >> CONFLICT RESOLUTION CASE CLOSED. >> IF YOU CAN EXPAND TO THE NEXT BOX, WHAT DOES IT SAY? >> AUTO REFUND INITIATED BECAUSE SELLER NEVER RESPONDED TO eBAY -- NEVER RESPONDED TO BUYER COMPLAINT FOR BUYER TRANSACTION 4Y435564GB732335A. ORIGINAL TRANSACTION WAS 215 -- 315.90 BRITISH POUNDS ON DECEMBER 29th, 2005. MAXIMUM REFUND AVAILABLE AT THIS TIME IS 105 BRITISH POUNDS. THE COVERAGE TYPE IS eBAY SELLER PROTECTION PLAN. ATTACK CASE PP 133447257 HAS BEEN CLOSED. >> WITH REGARDS TO LINE 223, CAN YOU GO TO THAT, PLEASE, SIR? >> YES. >> WHAT IS THE DATE AND TIME? >> JANUARY 20th, 2006, 17:15:11. >> WHO IS THE ACTOR, SIR? >> BATCH ACTOR. >> WHAT DOES THE ACTION, SIR? >> AGAIN, CASE CLOSED. RESOLUTION. >> WITH REGARD TO COLUMN E, WHAT DOES THAT SAY? >> AUTO REFINISHATED BECAUSE SELLER NEVER RESPONDED TO BUYER COMPLAINT FOR BUYER TRANSACTION AM987528WV634702F. ORIGINAL TRANSACTION, 3249, POUNDS AGAIN, ON DECEMBER 26th, 2005. MAXIMUM REFUND AVAILABLE AT THIS TIME IS 1749 POUNDS AND THE COVERAGE TYPE IS eBAY SELLER PROTECTION PLAN. ATTACK CASE PP-133-448-189 HAS BEEN CLOSED. >> WITH REGARDS TO JANUARY 20th, DO THESE RECORDS CONTAIN THE INFORMATION WHETHER OR NOT THERE WAS ANY LOG-INS FROM THE OWNER OF THIS ACCOUNT? >> YES. >> WHAT DO THESE RECORDS INDICATE WITH REGARDS TO WHETHER THERE WAS A LOG-IN FROM THE OWNER OF THE ACCOUNT? >> THERE IS NO LOG-IN. >> IF YOU GO TOP JANUARY 19th, PLEASE, SIR. DOES THE RECORDS FOR JANUARY 19th OF 2006 CONTAIN INFORMATION ABOUT WHETHER OR NOT THE OWNER OF THIS ACCOUNT EVER LOGGED IN? >> YES. >> DID THE OWNER OF THIS ACCOUNT EVER LOG IN? >> NO, SIR. >> WITH REGARDS TO JANUARY 18th, OF 2006, DOES THE INFORMATION IN THE RECORD INDICATE WHETHER THE OWNER OF THIS ACCOUNT EVER LOGGED IN? >> THE WITNESS MAY ANSWER. THE WITNESS MAY ANSWER. >> NO, SIR. >> WHEN YOU SAY "NO, SIR," WHAT DO YOU MEAN? >> NO, SIR, IT DOES NOT LOOK LIKE THE OPERATOR -- >> WHAT YOU KNOW. WHAT YOU KNOW. NOT WHAT -- >> NO, THE USER DID NOT LOG IN. >> WITH REGARDS TO JANUARY 17th OF 2006, LOOKING AT THAT INFORMATION, DID THE OWNER OF THIS ACCOUNT LOG IN ON JANUARY 17th OF 2006? >> OBJECTION. >> WHAT DO THE RECORDS REFLECT? >> I APOLOGIZE, YOUR HONOR. >> DO THE RECORDS REFLECT WHETHER THIS OWNER OF THIS ACCOUNT LOGGED IN ON JANUARY 17th OF 2006? >> NO OBJECTION. >> OBJECTION'S OVERRULED. >> THE RECORDS SUGGEST THAT HE DID NOT LOG IN. >> NOT WHAT THEY SUGGEST. LOOKING AT THE RECORDS, SIR -- >> NO. >> -- DID THE OWNER OF THIS ACCOUNT -- >> MAY SEE COUNSEL JUST FOR A MOMENT, PLEASE? >> WITH THAT, THE BEST DEFENSE WILL REST FOR TODAY. TIME NOW TO CHECK IN WITH JACK FORD FOR A LOOK AT WHAT'S COMING UP NEXT ON BANFIELD & FORD COURTSIDE. >> AS WE WRAP UP THIS WEEKEND, OUR COVERAGE, WE'LL SHOW YOU EVERYTHING THAT'S TAKEN PLACE INSIDE OF THAT COURTROOM. THE PROSECUTION, AS YOU KNOW, METICULOUSLY MOVING FORWARD IN ITS CASE. NEXT WITNESS IS ON THE STAND AFTER THIS ONE IN A LITTLE WHILE. WE'LL ALSO TALK WITH AN INTERESTING PERSON, JOURNALIST, WHO IS COVERING THIS TRIAL FOR BRITISH NEWSPAPERS. WE'LL GET A SENSE AS TO HOW THIS IS ALL PLAYING OVER THERE. WE'LL CONTINUE IN THE COURTROOM, A LOT GOING ON. >> BY THE WAY, JACK, I OWE YOU A BELATED BIRTHDAY THIS WEEK. >> THANK YOU VERY MUCH. >> AND I'D LIKE TO EXTEND THAT. SO THANKS. WE ARE GOING TO SEE YOU AND ASHLEIGH IN JUST A MOMENT. >> ALL RIGHT, RIKKI. HAVE A GOOD WEEKEND. >> FIRST A BIG THANKS TO MY GUEST JAY FAHY AND JOHN LACHANCE FOR JOINING ME TODAY. I HOPE TO SEE YOU AGAIN REALLY SOON. I'M RIKKI KLIEMAN. RON KUBY IS GOING TO BE HERE MONDAY FOR "BEST DEFENSE." PLEASE HAVE A GREAT WEEKEND. |