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>>> SHE WAS LAYING ON HER LEFT SIDE, HER FACE WAS SOMEWHAT DOWNWARD AND HER RIGHT ARM WAS OVER ACROSS THE VICTIM. >> POLICE DESCRIBE A DISTURBING MURDER SCENE. MOTHER AN BABY SHOT TO DEATH IN THEIR BED. NOW WE'RE LEARNING AT THE CRIME SCENE INVESTIGATION. THAT'S COMING UP RIGHT NOW ON OPEN COURT. GOOD MORNING. WELCOME TO "OPEN COURT." I'M LISA BLOOM. 27-YEAR-OLD RACHEL ENTWISTLE AND HER DAUGHTER LILLIAN WAS FOUND MURDERED IN THEIR MASSACHUSETTS HOME IN 2006. THE VICTIM'S HUSBAND NEEL ENTWISTLE NOW STANDS TRIAL FOR THE CRIME. PROSECUTORS WERE QUESTIONING POLICE WITNESSES ABOUT WHAT THEY FOUND AT THE SCENE AND THE FORENSIC TESTING THEY PRM FORMED ON THE EVIDENCE. CORRESPONDENT BEST KARAS JOINS US NOW LIVE FROM MASSACHUSETTS WITH THE BIGGEST MOMENT FROM THE TRIAL FRIDAY. GOOD MORNING, BETH. >> Reporter: GOOD MORNING, LISA. WELL, THE COMMON WEALTH DID INDEED CALL A NUMBER OF WITNESSES LAST WEEK WHO PROCESSED THE CRIME SCENE, THE MASTER BEDROOM THAT THEY HAD MOVED INTO DAYS BEFORE. IT'S WHERE THE BODIES OF LILLIAN AND MARY WERE FOUND. THE LAST ONE OF THE WEEK WAS A CHEMIST WITH THE MASSACHUSETTS STATE POLICE. SHE COLLECTED EVIDENCE FROM A PILLOW ON THE MASTER BED. >> DID YOU GET A RESULT FROM PERFORMING THAT GUNSHOTS ARE DUE TEST? >> YES, I DID. >> AND IS THAT SOMEHOW REFLECTED OR DEPITHED IN THAT PHOTOGRAPH? >> YES, IT IS. >> AND WHAT RESULT DID YOU GET? >> THIS PHOTOGRAPH SHOWS A POSITIVE TEST FOR PAR TICK LATE LEAD. >> SO THIS WAS THE PILLOW UNDERNEATH THE MOTHER RACHEL ENT WILLSLE'S HEAD. NOW, AT THE TIME THAT THIS GUNSHOT RESIDUE WAS COLLECTED, THE POLICE APPARENTLY DID NOT KNOW ABOUT ANY OTHER BULLET HOLE EXCEPT FOR THE ONE THAT WENT INTO AND THROUGH THE BABY'S CHEST. THAT'S QUITE A DISTANCE FROM HER HEAD. IT WASN'T UNTIL AUTOPSY, ACCORDING TO REPORTS, WE HAVEN'T HEARD THE TESTIMONY YET, NOT UNTIL AUTOPSY DID THE AUTHORITIES DISCOVER A BULLET HOLE TO HER HEAD WITH THIS GUNSHOT RESIDUE, OF COURSE, SUPPORTS THAT. >> BETH, WAS ANY GUNSHOT RESIDUE FOUND IN NEEL ENTWISTLE'S CAR AT LOGAN AIRPORT? >> Reporter: YES, THEY DID TEST THE STEERING WHEEL AND A NUMBER OF OTHER PLACES. >> THAT'S OBVIOUSLY GOING TO BE IMPORTANT EVIDENCE IF THERE'S GUNSHOT RESIDUE ON THE STEERING WHEEL OR SOMEWHERE ELSE ON THE CAR. THAT'S GOING TO BE A GOOD LINK OF NEEL ENTWISTLE BEING THE SHOOTER. BETH, I WANTED TO ASK YOU ABOUT OTHER EVIDENCE IN THE CAR. A COUPLE OF SETS OF KEYS WERE FOUND IN NEIL ENT WHESLE'S CAR AT THE AIRPORT, RIGHT? >> Reporter: YES, WHEN THE POLICE FOUND THE CAR IT WAS WITHIN ABOUT AN HOUR OR TWO OF THE BODIES BEING DISCOVERED. AND THAT REPORT BEING RADIOED INTO THE POLICE. AND THEN AUTHORITIES AT LOGAN AIRPORT LOCATED THE CAR. THERE WAS ALREADY LIKE A BULLET TO BE ON THE LOOKOUT FOR IT. AND IT WAS LOCKED. INSIDE THERE WAS THE PARKING TICKET THAT HE HAD TO RETRIEVE FROM A MACHINE TO GET INSIDE. AND THERE WERE TWO SETS OF KEYS. THERE WERE CONSOLES, WHICH WAS TESTIFIED TO, A CENTER CONSOLE, DASH CONSOLE AND GLOVE DEPARTMENT. NOTHING OFFED SHARE VALUE IN THE GLOVE COMPARTMENT. BUT THE TWO CONSOLES HAD EVIDENCE TAKEN INTO EVIDENCE AND THERE WAS KEYS ON THE CENTER CONSOLE AND THE DASH CONSOLE. NOW, WE HEARD TESTIMONY THAT THERE WERE KEYS -- WE'VE HEARD IT IN OPENING STATEMENTS -- KEYS TO BOTH THE BOTH HOMES IN THE CAR. THIS HAS NOT BEEN TESTIFIED TO YET. I BELIEVE THAT WE WILL HEAR THAT THOSE TWO SETS OF KEYS WERE TO THE TWO HOMES. NEIL ENTWISTLE TOLD A TROOPER ON THE TELEPHONE IN A TWO-HOUR PHONE INTERVIEW, THE JURY HASN'T HEARD THAT TAPE YET -- A FEW DAYS AFTER THE I'LL CANNINGS, THAT HE COULDN'T GET INTO HIS IN-LAW'S HOME BECAUSE HE CONSIDERED GOING IN THERE AND TAKING ONE OF HIS GUNS TO KILL HIMSELF. PROSECUTOR SAID HE TOOK ONE OF THOSE GUNS TO KILL HIS FAMILY, NOT HIMSELF. AND HE SAYS HE COULDN'T GET IN. SO WE NEED TO HEAR THE TESTIMONY LINKING THOSE VERY VISIBLE KEYS IN THE DASHBOARD TO THE HOME. >> OOPS. HE SAYS HE COULDN'T GET IN AND THEN TURNS OUT HE HAD THE KEYS ALL ALONG. ANY BLOOD FOUND IN THE CAR, BETH? >> Reporter: NO, I DON'T BELIEVE -- WELL, THEY TEST FOR THE PRESUMPTIVE TEST FOR THE PRESENCE OF BLOOD AND I DON'T RECALL THERE BEING ANY XWLOOD IN THE CAR. IT WASN'T A VERY BLOODY SCENE. HIS SARKS REMEMBER, IN THE PHIL SPECTOR CASE THERE WERE JUST A FEW SPATTERS ON THE WHITE JACKET OF PHIL SPECTOR AND THE PROSECUTION SAID HE SHOT IT -- SHOT HER AND TEN JURORS BELIEVED THAT. BUT IT WASN'T, YOU KNOW, IT WASN'T A BLOODY SCENE. THEY SAY IT WAS A VERY, VERY CLOSE RANGE SHOT TO HER. >> ALSO WE HEARD TESTIMONY FROM AN eBAY FRAUD INVESTIGATOR. WHAT WAS THAT ABOUT, BELT BETH? >> Reporter: THAT WAS TO SHOW ACTIVITIES BY ACCOUNTS SHOWN BY THE ENTWISTLES, THERE HAD BEEN ONLINE BISSELLING SOMETHING ONLINE WHICH HAD BEEN GOING ON SATISFACTORILY UNTIL DECEMBER 05, MID TO LATE DEGS, JANUARY, 06. SOMETHING WAS HAPPENING IN THE HOUSEHOLD BECAUSE ALL OF A SUDDEN THERE WERE DISGRUNTLED BUYERS. THE ENTWISTLES BEING THE SELLERS. REPORTS HAVE BEEN THAT AMONG THE THINGS BEING SOLD WERE -- WAS SOFTWARE FOR PEOPLE TO GET INTO THEIR OWN ADULT PORNOGRAPHY BUSINESS. WE HAVEN'T HEARD THAT YET. AND SOMETHING, YOU KNOW, I DON'T KNOW IF HE WAS CASH ROLL PROBLEMS IF YOU BELIEVE THIS WAS NEIL ENTWISTLE DOING THIS AND HE COULDN'T SATISFY CUSTOMER ORDERS. eBAY SHUT HIM DOWN AND THE JURY HEARD ABOUT A LOT OF COMPLAINTS. >> THE THEORIES BEING THIS WAS BASICALLY A SCAM ON eBAY TO GET MONEY AND MAYBE NEVER INTEPDED TO COME THROUGH. ONE POSSIBLE DEFENSE THEORY WOULD BE THAT SOME INTRUDER, SOME UNKNOWN PERSON CAME AFTER RACHEL ENTWISTLE BECAUSE HER NAME WAS ON THE ACCOUNT AS WELL. AND BETH, HADN'T THERE BEEN -- I KNOW THE JURY HASN'T HEARD THIS YET -- BUT ACCORDING TO THE REPORTS WASN'T THERE ANGRY CUSTOMERS WHO MADE THREATS -- MAYBE THAT'S TOO STRONG. HAD SOME ANGRY LANGUAGE ABOUT RACHEL ENTWISTLE, CALLING HER THE WORD THAT RHYMES WITH WITCH? >> Reporter: YES. ONE OF THOSE ACCOUNTS WAS IN HER NAME. THERE HAD BEEN REPORTS OF EXACTLY RIGHT, AN ANGRY USER OF eBAY, BUYER PERHAPS, CALLING HER NAMES, SWEARING ABOUT HER. >> GETTING MAD AT HER. LET'S TAKE A QUICK LOOK AT A SOUND BITE FROM THAT eBAY FREUD PERSON ON THE STAND ON FRIDAY. >> BUYER COMPLAINT RECEIVED ON TRANSACTION ID 6F3RKS 6F2563008644, WHICH OCCURRED ON DECEMBER 29th, 2005 FOR 3249 TOWN, ATTACH CASE PP-135-935-985 HAS BEEN CREATED. DISPUTE REASON IS NONRECEIPT AND PROTECTION TYPE IS eBAY SELLER PROTECTION POLICY. >> WHO COULD FORGET TRANSACTION NUMBER, BUT WHAT THIS BOILS DOWN TO IS THAT THERE WAS A DISPURT FOR NONRECEIPT. I.E., SOMEBODY PAID SOME MONEY AND THEY DIDN'T GET IN EXCHANGE WHAT THEY THOUGHT THEY WERE SUPPOSED TO GET, NAMELY THE SOFTWARE FROM NEIL ENTWISTLE. THIS IS JUST THE PROSECUTOR. THIS IS JUST THE BEGINNING ON THE eBAY DISPUTES. FIRST, HERE IN NEW YORK, JOANNA GREENWALD IS A GRILL DEFENSE ATTORNEY AND FORMER PROSECUTOR. GREAT TO SEE YOU. >> GREAT TO SEE YOU. >> AND JENNIFER, THE CRIMINAL DEFENSE ATTORNEY, SHE HAS OFFICING IN NEW YORK, NEW JERSEY AND CHICAGO. YOU'RE VERY BUSY. WELCOME TO THE PROGRAM. >> AND JOINING US FROM MASSACHUSETTS TOM McCAIN, TOM, THANKS FOR JOINING US SO EARLY IN THE MORNING. >> HAPPY TO BE HERE. >> TOM, LET ME START WITH YOU SINCE YOU ARE OUR LOCAL GUIDE TO THIS CASE. HOW IMPORTANT DO YOU THINK THESE eBAY DISPUTES, THE FINANCIAL PROBLEMS THAT THE PROSECUTOR IS GOING TO TRY TO DEMONSTRATE IN THIS CASE, HOW IMPORTANT IS THAT GOING TO BE ULTIMATELY TO THE JURY? >> I DON'T THINK CRITICAL. I THINK THE CRITICAL ISSUE IS LINKING OF THE MURDER WEAPON, THE GUN. AND IF THEY CAN SHOW THAT THAT IS A MURDER WEAPON, YOU KNOW, ALL THIS OTHER, THE eBAY STUFF PROVIDES A MOTIVE THAT THINGS ARE JUST UNRAVELING FOR NEIL. BUT I DON'T THINK THAT THE MOTIVE IS NEARLY AS IMPORTANT AS THE EXCLUSIVE OPPORTUNITY TO REALLY HAVE THE MURDER QUESTION. >> THE TIMING IS CERTAINLY GOOD FOR THE PROSECUTION ON THESE eBAY COMPLAINTS BECAUSE IT'S BY THE THIRD WEEK OF JANUARY 2006. THAT IS JUST BEFORE THESE MURDERS. SO I THINK THE PROSECUTION IS GOING TO SHOW THAT ALL OF THESE STRESSORS WERE REALLY BUILDING IN NEIL ENTWISTLE'S LIFE. JOANNA GREENWALD, LET ME BRING YOU IN AND SLEUTH THIS OUT A LITTLE BIT. NEIL ENTWISTLE LEAVES IN THE CAR, IN THE CONSOLE, HIS OWN KEYS INCLUDING THE KEY TO THE CAR ITSELF, THE BMW, HE LEAVES THOSE IN THE CARS AND GETS A ONE-WAY TICKET TO ENGLAND. WHY WOULD HE LEAVE THE KEYS? >> HE IS IN A HURRY. HE WANTED TO GET OUT OF THERE. AND IN NEW YORK STATE, I'M NOT SURE ABOUT IN MASSACHUSETTS, THIS WILL BE A NEGATIVE INFERENCE THAT COULD BE A CHARGE TO THE JURY HIS FLEEING THE SCENE. NOT CALLING THE POLICE AND GOING THERE P. SO BASICALLY THEY'RE GOING TO HASH THIS OUT. HE WENT TO THE AIRPORT AND TOOK OFF. AND SO HE WANTED TO GET OUT OF THERE SO BAD HE LEFT BEHIND THESE TWO SETS OF KEYS THAT UNFORTUNATELY ONE OF THEM REALLY TAKES AWAY FROM WHAT HIS ALIBI THAT HE STATED IS THAT HE WENT TO HIS IN-LAWS TO KILL HIMSELF AND THE DOORS WERE LOCKED AND NOW HE HAS THE KEYS. IT'S BASICALLY, THIS IS NOT WHAT EXACTLY HAPPENED. AND AGAIN, HE'S JUST TAKING OFF, GOING TO ENGLAND, GOING BACK TO HIS PARENTS. COULDN'T CARE LESS. >> I THINK NOT PLANNING TO COME BECOME. P LEAVING THE KEYS. YOU HAVE THE CAR. >> JENNIFER, NONE OF THIS INSIDE, THOUGH. I SUPPOSE IF ARGUMENT IS HE WAS IN SUCH A PANIC, SO TRAUMATIC TO FIND HIS WIFE AND BABY MURDERED. WASN'T THINKING CLEARLY. HOW MANY OF US HAD THE SITUATION WHERE WE DIDN'T REALIZE WE HAD KEYS, IT WAS KIND OF A MINOR CONFUSION OP NEIL ENTWISTLE'S PART. IS THAT AN ARGUMENT THAT THE DEFENSE CAN MAKE? >> ABSOLUTELY. IF HE DID HAVE THIS GUILTY CONSCIENCE AND TRYING TO FLEE THE SCENE HE WOULD HAVE MADE MORE OF AN EFFORT TO COVER HIS TRACKS IF HE WAS AS CALCULATED AS THE PROSECUTION IS GOING TO MAKE HIM OUT TO BE. WHY WOULD HE MAKE SUCH A ROOKIE MOVE AND LEAVE THE KEYS? >> JENNIFER, WHAT ABOUT IF, IN FACT, THE DEFENSE CAN SHOW WHAT THE PROSECUTION FAILS TO SHOW THAT THERE WAS ANY BLOOD IN THE CAR. LET'S SAY THERE IS NO BLOOD IN THE CAR, THERE IS NO GRUN SHOT RESIDUE IN THE CAR. HOW SIGNIFICANT IS THAT FOR THE DEFENSE? >> IT'S VERY SIGNIFICANT. THEY ASK ARGUE THAT IN THE KILLING SUCH AS THIS, SUCH A VIOLENT KILLING, GUNSHOT RESIDUE, GUN SPLATTER, YOU WOULD SEE SOME TYPE OF EVIDENCE IN THE CAR, WHETHER IT'S UNSEEN BLOOD, SOME TYPE OF BIOLOGICAL EVIDENCE SHOULD BE THERE, GUNSHOT RESIDUE, UNSEEN BLOOD, THOSE TYPES OF THINGS. THEY'RE GOING TO BE ABLE TO ARGUE THIS PER SWASIVELY TO THE JURY, I THINK. >> CRIME SEEN INVESTIGATOR TESTIFIED ABOUT WHAT HE FOUND IN NEIL ENTWISTLE'S BMW. THE CAR WAS LEFT AT THE LOGAN AIRPORT PARKING GARAGE. THEY TOLD THE JURY HE FOUND A SET OF BMW KEYS AND A SET OF HOUSE KEYS LEFT IN THE CAR. >> IN THE CENTER CONSOLE, WHAT, IF ANYTHING, DID YOU SEE OR FIND IN THERE? >> IN THE CENTER CONCEAL, NEAR THE GEARSHIFT, THERE WAS A SET OF BMW KEYS. >> ANYTHING ELSE IN THAT CENTER CONSOLE ALONG WITH THE KEYS? >> YES, SIR, THERE WASS WILL A PARKING RECEIPT. >> AND THE SECOND CONSOLE THAT YOU EXAMINED? >> THE SECOND CONSOLE I EXAMINED WAS IN THE CENTER CONSOLE. A SET OF HOUSE KEYS. >> I'M ASKING THE QUESTION THAT I'VE BEEN PONDERING LATELY, WHY DID NEIL ENTWISTLE LEAVE THE KEYS IN THE CAR? WHAT DO YOU THINK? LOGON TO CNN.COM/CRIME AND CLICK ON OPEN COURT OR E-MAIL US DIRECTLY AT OPENCOURT@CNN.COM. WRITE A BRIEF ANSWER AND WE WILL READ ONE OF YOUR RESPONSES AT THE END OF THE SHOW. >>> WELCOME BACK. LIVE TESTIMONY HAS JUST STARTED UP FOR THE MORNING IN MASSACHUSETTS. ON THE STAND, DIANA CONTINUED DIRECT EXAMINATION. LET'S TAKE A LOOK. >> WHAT DID YOU DO WITH IT? >> I PRESERVED THEM IN WHAT WE CALL PAPER, SIMILAR TO WAX PAPER. AND AFTER I LEFT THE SWAB DRY I PUT THEM INSIDE THIS PAPER AND THEN I PRESERVED THEM IN A HEAT-SEALED PACK, ASSIGNED THEM AN ITEM NUMBER AND PRESERVED THEM FOR FURTHER TESTING IN OUR EVIDENCE CONTROL UNIT. >> WHAT ITEM NUMBERS WERE ASSIGNED TO THOSE SAWBINGES? >> MAY I REFER TO MY NOTES? >> YEA >> I'M REFERRING TO PAGE J-27. I TOOK A CUTTING FROM THE PORTION OF THE THAT WAS F-6.2. IS WILL ME PRE PAIRED WHAT WE CALL DNA SNIPPET, WHICH IS A PORTION OF THAT CUTTING FOR THE DNA UNIT. IT'S BASICALLY JUST PREPPING A SAMPLE FOR THEM. THAT WAS 5-6.2.1. THE RED/BROWN STAINS, THE TWO SWABS WERE 5-6.1. >> WERE THOSE ITEMS EVENTUALLY SUBMITTED TO THE DNA UNIT FOR ANALYSIS? >> THEY WERE PRESERVED FOR THE DNA UNIT FOR ANALYSIS IN OUR EVIDENCE CONTROL UNIT. >> I PLACE TWO PHOTOGRAPHS IN FRONT OF YOU, MA'AM. PLEASE LOOK AT EACH ONE OF THEM AND LET US KNOW IF YOU RECOGNIZE WHAT IS SHOWN IN THEM. >> YES, I DO RECOGNIZE THEM. >> WHAT DO THEY SHOW? >> THESE ARE PHOTOGRAPHS THAT I TOOK OF PILLOWCASE NUMBER FOUR. >> DO THEY FAIRLY AND ACCURATELY SHOW THE PHOTOGRAPH AS IT APPEARED TO YOU IN YOUR LABORATORY AND DURING THE TEST THAT YOU PERFORMED? >> YES. >> NEXT EXHIBIT, YOUR HONOR? >> ANY OBJECTION? ALL RIGHT. MAY BE MARKED WITHOUT OBJECTION 1 EXHIBIT NUMBER AND THE NUMBER OF PHOTOGRAPHS IS 3, A, B, AND C. >> DEANNA DYGAN IS A CHEMIST AND FORENSIC SCIENTIST WITH THE MASSACHUSETTS STATE POLICE. SHE WENT TO THE CRIME SCENE IMMEDIATELY UPON THE BODY BEING DISCOVERED ON JANUARY 23rd, 2006. EXAMINED THE MASTER BEDROOM AND CRIME SCENE. LET'S LISTEN IN. >> MA'AM, CAN YOU SEE 68A? BRING THE POINTER CAN YOU IF YOU COULD, AND ONCE WHEN YOUR OFF THE STAND, REMEMBER TO KEEP YOUR VOICE UP SO WE CAN GET IT RECORDED AND EVERYBODY CAN HEAR YOU. YOU HAD REFERENCED THREE STAINS. CAN YOU POINT THEM OUT, PLEASE? . >> YES. IDENTIFIED STAIN A, WHICH IS AT THE TOP RIGHT-HAND PORTION OF THE PILLOWCASE. STAIN "B" IS THE RED BROWN STAIN. STAIN "C" IS THE BOTTOM STAIN, MORE AT THE CENTER. >> YOU HADS WILL DISCUSSED, MA'AM, A STAIN OR AN AREA THAT YOU TESTED FOR THE PRESENCE OF SALIVA. POINT THAT OUT, PLEASE. >> IN THIS AREA. NEAR STAIN "B." >> SO A PORTION SOMEWHERE WITHIN STAIN "B"? >> YES. MY IT'S DIRECTLY IN THE MIDDLE OF THE STAIN. >> IF YOU COULD ORIENT THAT PHOTOGRAPH AND POINT TO THE PORTION OF THE PHOTOGRAPH THAT WAS FACING THE HEADBOARD END OF THE BED IN THE MASTER BEDROOM. >> THIS PORTION, THE VERY TOP ABOVE THE RED BROWN STAIN, UP, THAT WOULD BE THE HEADBOARD, UP IN THIS THIS AREA. >> AND WHICH PORTION OF THAT PHOTOGRAPH WAS FACING DOWN AND FACING THE TOP OF THE INFANT? >> THIS STAIN RIGHT HERE WAS AROUND THE MOUTH AREA OF THE INFANT. THESE TWO STAINS WERES WILL ON TOP AS WELL. THIS WAS ON THE MOUTH AREA. >> SO THE RECORD IS CLEAR, THE PORTION THAT WE'RE SEEING IN THE PHOTOGRAPH WAS FACEDOWN, IS THAT FAIR? >> THAT IS CORRECT. >> MA'AM, I'M GOING TO ASK YOU TO PUT AN ARROW WITH AN HB ON THAT PHOTOGRAPH SO WE CAN REFERENCE THE DIRECTION OF THE HEADBOARD. >> JUST FOR THE RECORD, THAT IS 68? >> YES, I'M SORRY. >> THANK YOU. >> AND IF YOU COULD JUST HOLD THAT UP TO SHOW THE JURORS AND THE COURT WHERE YOU PLACED THE INITIAL HB AND THE ARROW. MA'AM, WHAT DOES THAT PHOTO SHOW? >> THIS IS A CLOSE-UP OF THE RED BROWN STAINS THAT I REFERENCED BEFORE. >> AND THE GREEN ITEM OFF TO THE SIDE, OFF TO THE LEFT SIDE OF THAT PHOTOGRAPH, WHAT IS THAT? >> IT'S A RULER FOR A SCALE. I USED THAT TO SHOW THE SIZE OF EACH OF THE STAINS. 62, YOUR HONOR. >> ALL RIGHT. >> WHAT DOES THAT SHOW? >> THIS IS A PHOTO OF PILLOWCASE NUMBER FOUR. THIS IS AFTER I HAD DONE THE GUNSHOT RESIDUE TESTING ON THIS ITEM. >> DOES IT SHOW THE AREA OR AREAS WHERE YOU FOUND THE RESULT OF LEAD, I BELIEVE YOU INDICATED? >> YES. BLOW IT UP A LITTLE BIT, THERE WOULD BE PARTICLES FOUND IN THIS AREA. ONLY THREE PARTICLES. >> SORT OF IN THE CENTER AREA? >> THE CENTER, LEFT OF THE RED BROWN STAINS. >> AND OFF TO THE FAR SIDE OF THAT PHOTOGRAPH, OPPOSITE WHERE THE BLOOD STAINS ARE, SOME RED COLORATION AND YELLOW COLORATION, WHAT IS THAT OVER THERE? >> THAT'S BASICALLY FROM THE CHEMICALS THAT I'M USING FOR THE LEAD TESTS. >> WHAT'S THE SIGNIFICANCE OF THE COLORS? >> WELL, AT THIS POINT THERE'S NO SIGNIFICANCE TO THE ORANGE COLOR. THAT'S JUST THE COLOR THAT'S LEFT BEHIND FOR THE LED TEST. IT WILL BE TURN A PURPLE COLOR THAT YOU CAN'T NECESSARILY SEE IN THIS PICTURE BECAUSE THE PARTICLES WERE SO SMALL. THERE WERE SOME. >> YOU NOTICE THE PRESENCE OF IT? >> YES. >> YOU MAY RESUME THE STAND. THEN DID YOU PERFORM ONE OR MORE TESTS ON SOME SWAB IS S THAT HAD BEEN TAKEN FROM TWO WALLS ADJACENT TO THE BED IN THE MASTER BEDROOM? >> YES, I DID. >> TELL US WHAT YOU TESTED AND WHAT RESULTS, IF ANYTHING, YOU RECEIVED? >> I -- THERE WERE THREE SETS OF RED-BROWN STAINED SWABS. THOSE WERE DOCUMENTED VIA PHOTOGRAPHY AND I OBSERVED THE RED-BROWN STAIN ON THEM. I DID A CONFIRMATORY FEST OF HUMAN BLOOD. >> WHAT RESULT DID YOU GET? >> THEY WERE POSITIVE FOR HUMAN BLOOD. >> WHAT IF ANYTHING, DID YOU DO? >> I BASICALLY CREATED A DNA SNIPPET FROM EACH OF THE SWABS AND I PRESERVED THEM AGAIN IN THE PAPER AND HEAT-FILLED PACK AND HELD THEM FOR FURTHER TESTING. >>> THERE'S STILL TIME TO GET YOUR THOUGHTS IN TO "OPEN COURT" AND ANSWER OUR QUESTION OF THE DAY. WHY DID NEIL ENTWISTLE LEAVE TWO SETS OF KEYS IN HIS CAR AT THE AIRPORT? LOCK ON AND CLICK ON OPEN COURT OR E-MAIL US DIRECTLY AT OPENCOURT@CNN.COM. LET'S GO RIGHT BACK INTO THE COURTROOM NOW BECAUSE WE HAVE LIVE TESTIMONY. ON THE STAND A FORENSIC SCIENTIST TESTIFYING FOR THE COMMON WEALTH. >> MA'AM IF YOU COULD OPEN THAT BAG AND REMOVE THE CONTENTS. DO YOU RECOGNIZE THAT ITEM? >> YES, I DO. >> WHAT IS IT? >> IT'S ITEM 6-1. IT'S THE FLORAL UNDERPANTS THAT WERE OBSERVED ON THE ADULT FEMALE. >> DID YOU PERFORM ONE OR MORE TESTS ON THE PAIR OF UNDERWEAR? >> YES, I DID. >> WHAT TESTS OR TEST DID YOU PERFORM? >> I FIRST DID A VISUAL EXAMINATION TO RECORD ANY STAINING ON THE ITEM. I OBSERVED SOME BROWN STAINS ON THE EXTERIOR CROTCH AREA OF THE UNDERPANTS. IS WILL OBSERVED SOME YELLOW AND BROWN STAINS AND ALSO SOME APPARENT BROWN MATERIAL ON THE INTERIOR CROTCH AREA AS WELL. I PERFORMED A SCREENING TEST FOR THE PRESENCE OF BLOOD ON THE INTERIOR CROTCH AND IS WILL PERFORMED A CONFIRMATORY TEST FOR HUMAN BLOOD ON THE INTERIOR CROTCH AS WELL. >> WHAT RESULT DID YOU GET ON THOSE TWO BLOOD TESTS? >> THEY WERE BOTH POSITIVE. >> AND WHAT OTHER TEST OR TESTS DID YOU PERFORM? >> I CONDUCTED TESTS TO LOOK FOR SPERM CELLS OR SEMAL FLUID RESIDUE ON THE INTERIOR CROTCH AREA. >> WHAT RESULT, IF ANY, DID YOU RECEIVE? >> I DETECTED SPERM CELLS ON THE INTERIOR FRONT CROTCH, THE MIDDLE CROTCH AND THE REAR CROTCH AS WELL. >> WHETHER OR NOT ANY OF THOSE SAMPLES THAT YOU TESTED AND JUST DISCUSSED WERE PRESERVED FOR DNA? >> YES, THEY WERE. >> NOW, IF YOU COULD, TELL US WHAT WAS PRESERVED FOR DNA AND POINT OUT ON THAT ITEM THE AREA OR AREAS FROM WHICH THEY CAME. >> THIS IS THE FRONT PORTION OF THE UNDERPANTS, THE BACK PORTION OF THE UNDERPANTS. THERE IS -- I TOOK A CUTTING FROM THE FRONT WAIST -- NEAR THE WAISTBAND AREA. THAT WOULD BE JUST A YOLED CUTTING THAT WAS PRESERVED FOR FURTHER TESTING. ALL ITEMS WHERE WE -- CLOTHING ITEM OR BEDDING ITEMS WE TAKE A CONTROL CUTTING. >> WHAT'S THE PURPOSE OF THE CONTROL CUTTING? >> IT'S TEND TO USE IN FURTHER TESTING TO SHOW THAT THE FABRIC IS NOT INTERACTING WITH ANY TYPE OF ANALYSIS THAT WE DO AT THE LABORATORY. IF YOU CAN SEE, THE INTERIOR CROTCH AREA IS GONE OR MISSING. I REMOVED THAT PORTION FOR FURTHER TESTING. >> THAT ITEM WAS INTACT WHEN YOU FIRST SAW IT? >> YES BS, IT WAS. >> THE AREA OR AREAS THAT YOU PRESERVED FOR DNA TESTING INCLUDING THE ITEM NUMBERS? >> THE CROTCH CUTTING WAS DENOTED AS 6-1.1. I DID, LIKE I MENTIONED BEFORE, I TOOK FOUR AREAS FROM THE INTERIOR CROTCH AREA TO TEST FOR THE SPERM CELLS. THERE WERE TWO AREAS IN THE FRONT, THE MIDDLE PORTION OF THE CROTCH THAT HAD SPERM CELLS DETECTED ON THEM. AND THAT ITEM NUMBER WAS 6-1.1.1. THAT WAS DNA WITH ME FOR THAT AREA FOR FURTHER AREA. ALSO SPERM CELLS DETECTED IN THE INTERIOR REAR CROTCH AND THAT DNA SNIPPET HAD A NUMBER OF 6 6-1 -- EXCUSE ME, 6.-1.1.2. AND THE CONTROLLED CUTTING WAS 6-1.2. >> YOU MAY RETURN THAT TO THE BAG, MA'AM. >> THAT WAS EXHIBIT 62, IS THAT CORRECT? THAT'S WHAT WAS SAID ON THE RECORD. >> YES, 62. >> THANK YOU. THIS WILL BE 61, YOUR HONOR. DO YOU RECOGNIZE THE ITEM IN THAT BAG, EXHIBIT 61, FOR THE RECORD? >> YES, I DO. >> AND WHAT IS THAT? >> IT IS ITEM 6-2. IT IS A GREEN AND WHITE SHIRT THAT WAS ON THE ADULT FEMALE. >> MA'AM, I'M GOING TO ASK YOU A SERIES OF QUESTIONS. IF YOU CAN, BECAUSE OF THE SIZE OF IT, CLP IT ON THE BOARD ON THE'SLE EASEL? FRONT SIDE. THERE ARE ADDITIONAL CLIPS IF YOU NEED ONE, MA'AM. MA'AM, IF YOU COULD PUT THAT ON THE EASEL. AND I THINK THE POINTER IS SOMEWHERE NEAR THE WITNESS STAND. FIRST OF ALL, WHAT TEST OR TESTS DID YOU PERFORM ON EXHIBIT 61? >> I FIRST DID A VISUAL EXAMINATION OF THE ITEM AND DOCUMENTED WHERE THE RED-BROWN STAIN WERE NOTED. AS YOU CAN SEE, THERE ARE PLENTY OF RED-BROWN STAINING ON THE CHEST AREA, STOMACH AND ALSO, WE'LL GET TO IT, BUT ALSO THE BACK LEFT ARM HAD HEAVY BROWN STAINING AS WELL. >> AFTER DOING YOUR VISUAL EXAMINATION, WHAT DID YOU DO NEXT? >> I THEN WENT TO DO ANY DAMAGE ANALYSIS ON THE ITEM. I OBSERVED A TEAR APPROXIMATELY 3/8 OF AN INCH LONG ALONG THE TOP CHEST LINE OF THE SHIRT. >> ANY OTHER DAMAGE ON THAT? >> YES, THERE WAS. >> DESCRIBE THAT, PLEASE, AND WHERE YOU FOUND IT. >> THERE WERE THREE HOLES ON THE CHEST AREA. HOLE NUMBER ONE, I DESIGNATED AS HOLE NUMBER ONE WAS ON THE LEFT CHEST AREA, RIGHT HERE. THAT WAS TRIANGULAR IN SHAPE, APPROXIMATELY HALF INCH BY A QUARTER OF AN INCH, HALF INCH. ARE ALSO A FEW HOLE ACE LONG THE CENTER LEFT PORTION OF THE CHEST. HOLE NUMBER TWO WAS DIRECTLY BELOW HOLE NUMBER THREE. HOLE NUMBER TWO IS HALF AN INCH IN DIAMETER AND HOLE NUMBER THREE WAS APPROXIMATELY A QUARTER INCH IN DIAMETER. >> ANYTHING ELSE FOUND DURING YOUR DAMAGE ASSESSMENT OR DAMAGE EVALUATION OF THAT ARTICLE OF CLOTHING? >> NO, THAT WAS IT. >> WHAT DID YOU DO NEXT? >> I THEN WENT AHEAD AND PERFORMED GUNSHOT RESIDUE ANALYSIS ON THESE THREE HOLES. >> WHAT RESULT OR RESULTS DID YOU GET? >> I OBSERVED PARTICLES AROUND HOLE NUMBER ONE. >> THAT WOULD BE THE ONE ON THE LEFT SIDE? >> YES. >> WHAT ABOUT THE OTHER TWO HOLES THAT YOU JUST DESCRIBED, CLOSER TO THE CENTER? >> LEAD RESIDUES WERE DETECTED ON HOLE NUMBER ONE AND ALSO ON HOLE NUMBER TWO. HOLE NUMBER THREE WAS NEGATIVE FOR LEAD AND ALSO THE TEST FOR GUNPOWDER RESIDUES. >> TELL US WHAT YOU DID NEXT. >> I THEN PERFORMED TESTS FOR THE PRESENCE OF BLOOD ON THE RED-BROWN STAINED AREAS. IS WILL CONFIRMED HUMAN BLOOD ON THE RED-BROWN STAINED AREAS AS WELL. >> AND THE RESULTS? >> THEY WERE HUMAN POSITIVE FOR BLOOD AND ALSO THE SCREENING TEST WAS POSITIVE. >> IF I COULD JUST STEP BACK TO THE GUNSHOT RESIDUE TEST. WHETHER OR NOT IN PERFORMING THEM, YOU DETECTED ANY COPPER -- WELL, LET ME ASK YOU THIS FIRST. DOES A TEST DETECT OR LOOK FOR COPPER? >> YES. THE METALLIC RESIDUES, WE SEARCH FOR NICKEL, COPPER AND LEAD. >> WHAT DID YOU FIND? >> ON HOLE NUMBER ONE AND HOLE NUMBER TWO, LEAD WAS DETECTED, COPPER AND ANYTHING KELL WERE NEGATIVE. >> MA'AM, WHAT DID YOU DO NEXT? >> I THEN PERFORMED A SEARCH FOR SPERM CELLS. >> DID YOU FIND ANY? >> THERE WAS A WHITE STAIN IN THIS PORTION AROUND THE STOMACH -- LEFT STOMACH AREA. IT'S ACTUALLY GONE NOW BECAUSE I CUT IT OUT. THAT WAS A WHITE STAIN AND I DID DETECT SPERM CELLS IN THAT AREA. >> WHETHER OR NOT YOU PRESERVED ANY OF THOSE AREAS YOU TESTED FOR BLOOD OR SPERM CELLS OR FURTHER DNA TESTING? >> YES. >> TELL US WHAT YOU PRESERVED AND GIVE US THE ITEM NUMBERS AS WELL. >> I COLLECTED TWO SWABS FROM THE RED-BROWN STAINED AREAS AND IS WILL COLLECTED A CUTTING FROM WHERE THE WHITE STAINED AREAS WERE, WHERE THE SPERM CELLS WERE DETECTED. AND IS WILL TOOK A CONTROL CUTTING AS WELL. >> AND WHAT ITEM NUMBERS WERE ASSOCIATED WITH THOSE CUTTINGS FOR DNA? >> MAY I REFER TO MY NOTES? >> YES. >> THIS AREA DOWN HERE WAS THE AREA WHERE I COLLECTED WHERE THE HUMAN BLOOD WAS DETECTED AND THAT WAS ITEM NUMBER 6-2.4. >> THAT WOULD BE THE LOWER RIGHT, FOR THE RECORD? >> YES, THAT'S CORRECT. >> ANY OTHER AREA THAT YOU TOOK A CUTTING AND PRESERVED SOMETHING FOR DNA? >> THIS CUTTING RIGHT HERE, WHICH WAS ON THE LEFT STOMACH AREA, IT WAS DETECTED, SPERM CELL, 6-2.6. >> NOW, MA'AM, IF YOU COULD TURN THE SHIRT OVER, PLEASE. >>> TIME NOW TO TAKE A LOOK AT THE 13th JUROR QUESTION. IS THE FORENSIC EVIDENCE FOUND IN THE HOME HELPING THE PROSECUTION? LOGON TO CNN.COM/CRIME AND CLICK ON 13th JUROR TO CAST YOUR VOTE. AND SPEAKING OF FORENSIC EVIDENCE ON THE STAND NOW LIVE IS A FORENSIC SCIENTIST EXPLAINING THE FOREINSICS BEHIN THE BLOODY SHIRT AND UNDERWEAR TAKEN FROM THE BODY OF RACHEL ENTWISTLE AT THE CRIME SCENE. >> LEAD PARTICLES WERES WILL DETECTED. THIS WILL BE HOLE NUMBER THREE, DIRECTLY ABOVE HOLE NUMBER TWO, IN THE CENTER CHEST AREA. THAT WAS NEGATIVE FOR ANY RESIDUE. THIS IS A TEAR THAT I MENTIONED AT THE BEGINNING OF THE EXAMINATION THAT MEASURED APPROXIMATELY 3/8 OF AN INCH. >> FOR THE RECORD, ACROSS THE TOP PART OF THE COLLAR THERE. >> THAT'S CORRECT. >> YOU MAY RESUME TO THE STAND. MA'AM, AT SOME POINT IN TIME DID YOU RECEIVE AN EVIDENCE COLLECTION KIT FROM THE MEDICAL EXAMINER'S OFFICE? >> YES. >> AND DID YOU EXAMINE AND/OR PROCESS ONE OR MORE ITEMS IN THAT KIT? >> YES, I DID. >> TELL US WHAT YOU PROCESSED FIRST. >> IN FIRST PROCESSING THE EVIDENCE COLLECTION KIT I INVENTORY, TAKE NOTE OF WHAT'S INSIDE. THERE THE KITS ARE DESIGNED WHERE THERE ARE DIFFERENT AREAS OF DIFFERENT SWABS FROM DIFFERENT PARTS OF THE BODY ARE COLLECTED AND PLACED INTO THESE INDIVIDUAL ENVELOPES AND SUBSEQUENTLY PLACED INSIDE OF THIS EVIDENCE COLLECTION KIT. THE FIRST THING I DID WAS INVENTORY ALL OF THE ITEMS IN THE KIT. >> DELL US WHAT WAS IN THE KIT. >> THERE WAS A KNOWN BLOOD STANDARD AS WELL AS VAGINAL SWABS, EXTERNAL VAGINAL SWABS, ORAL SWABS AND CONTROL SWABS. THERE WERES WILL HUMAN HEAD HAIR COMBINGS AND STANDARDS, PUBIC HAIR AND COMBING AND STANDARDS AND FINGERNAILS, RAISINGS AND CLIPPINGS. >> TO WHOM DID THIS EVIDENCE COLLECTION KIT ASSOCIATE? >> RACHEL ENTWISTLE. >> TELL US WHAT YOU DID WITH THE STANDARDS AND DIFFERENT SAMPLES THAT WERE PART OF THAT KIT. >> I DOCUMENTED THE BLOOD STANDARD. IT WAS INSIDE OF A PURPLE TUBE, PURPLE TOP TUBE. I THEN SUBSEQUENTLY TOOK FOUR DROPLETS OF BLOOD FROM THE TUBE AND PLACED IT ON TO A ESPECIALLY-TREATED PAPER SO THAT WE COULD HAVE THAT PRESERVED IN OUR LABORATORY. I THEN WENT AHEAD AND DID BIOLOGICAL TESTING ON THE SWABS. >> LET ME STOP YOU THERE, IF I COULD. AS TO THAT SAMPLE FROM THE PURPLE TOP TUBE, WAS THAT PRESERVED FOR DNA ANALYSIS? >> YES, IT WAS. AND ALSO I -- >> THE DROPLET SNGS. >> YES. >> WHAT ITEM NUMBER OR ITEM NUMBERS WERE ASSIGNED TO THAT? >> THE BLOOD TUBE WAS 28-1-01. AND THE FOUR DROPLETS OF BLOOD WERE 28-1-01.1. >> AND THE OTHER SAMPLES THAT YOU EXAMINED IN THERE, THE VAGINAL, THE PERIANAL AND THE LIKE, TELL US WHAT YOU DID WITH EACH OF THOSE AND WHAT ITEM NUMBER WAS ASSOCIATED WITH THEM? >> THE VAGINAL SWAB IS 28-1-02. AND I DID A SCREENING TEST FOR THE PRESENCE OF BLOOD ON THOSE SWABS. >> THE RESULT? >> POSITIVE FOR A SCREENING TEST FOR BLOOD. >> ANY OTHER TEST? >> YES, I WENT AHEAD AND DID WHAT WE CALL AN EXTRACTION PROCEDURE TO TRY AND DETECT ANY SPERM CELLS OF PRESENCE, SEMENAL FLUID. >> WHAT DID YOU FIND? >> I DETECTED SPERM CELLS. >> DID YOU PRESERVE ANY OF THAT FOR FURTHER DNA TESTING? >> I DID, I DID. >> WHAT DID YOU PRESERVE AND WHAT ITEM NUMBER DID YOU ASSIGN OR WAS ASSIGNED? >> I PRESERVED THE SWABS, 28-1-02 AND IS WILL MADE A DNA SNIPPET FOR FURTHER ANALYSIS OF THE SWABS AND THOSE WERE 28-1-02.1. >> AND THOSE WERE RELATED TO THE VAGINAL SWAB, THAT WAS PART OF THAT EVIDENCE COLLECTION KIT? >> THAT'S CORRECT. >> AND I THINK YOU HAD MENTIONED THAT THERE WAS A PERIANAL SWAB? >> YES. >> WHAT TEST OR TESTS DID YOU PERFORM AND WHAT RESULT DID YOU GET? >> I DID A SCREENING TEST FOR THE PRESENCE OF BLOOD AND THAT WAS POSITIVE. IS WILL WENT AHEAD AND DID AN EXTRACTION PROCEDURE ON THE PERIANAL SWAB AND I DID DETECT SPERM CELLS FOR THAT AS WELL. >> SOME OF THAT PRESERVED FOR DNA? >> YES. >> ITEM NUMBER. >> 28-1-04. AND THE SNIPPET WAS 28-1-04.1. >> 63, YOUR HONOR, FOR THE RECORD. >> SAME PROCEDURE WITH THAT ITEM WE JUST FOLLOWED WITH THE GREEN SHIRT. TAKE IT OUT TO THE EXTENT NECESSARY. CLIP IT TO THAT CORK BOARD. PUT THE CORK BOARD ON THE EASEL AND THEN WE'LL HAVE A SERIES OF QUESTIONS. >> STARTING AT THE TOP OF THE ARTICLE OF CLOTHING. TELL US WHAT THAT IS. >> THIS IS THE RECOVERED FROM THE INFANT. >> WHAT TEST OR TESTS DID YOU PERFORM ON THAT ITEM IN THE LABORATORY? >> I DID A VISUAL EXAMINATION OF THE SLEEPER, OBSERVING RED-BROWN -- HEAVY RED-BROWN STAINS ON THE NECK AREA AND CHEST AND ALSO THE BACK OF THE ITEM. >> DID YOU DO A DAMAGE ASSESSMENT? >> YES, I DID. >> DESCRIBE -- TELL US WHAT YOU FOUND, IF ANYTHING. >> THERE WAS A HOLE APPROXIMATELY MEASURING QUARTER OF AN INCH ON THE LEFT CHEST. THIS HOLE HAD BLACK RESIDUES AROUND IT,S WILL THE HOLE HAD A RIPPING AND TEARING AROUND IT AS WELL. >> WHAT TEST OR TESTS DID YOU PERFORM ON THE FRONT OF THAT GARMENT? >> I DID A TREATING TEST FOR THE PRESENCE OF BLOOD AND ALSO A CONFIRMATORY TEST FOR BLOOD. >> THE RUTS OF THOSE TSTS? >> THEY WERE POSITIVE. >> BOTH OF THEM? >> YES. >> WHAT OTHER TEST OR TESTS DID YOU PERFORM? >> I DID A GUNSHOT RESIDUE ANALYSIS AROUND THIS HOLE ON THE LEFT CHEST. >> TELL US WHAT TYPE OF GUNSHOT RESIDUE TEST OR TESTS YOU PERFORMED AND THE RESULTS THAT YOU RECEIVED, IF ANY. >> I DID THE TEST THAT TESTS FOR GUNPOWDER RESIDUES AND THAT WAS POSITIVE ON THIS HOLE. IS WILL DID A VISUAL EXAMINATION AND OBSERVED NO PARTICLES AROUND THE HOLE. IS WILL DID A TEST FOR LEAD AND THAT WAS POSITIVE. I DID A TEST FOR COPPER AND NICKEL AS WELL. THE COPPER AND NICKEL TESTS WERE NEGATIVE. >> MA'AM, WERE THOSE TESTS IN ADDITION TO THE TESTS THAT YOU DESCRIBED EARLIER AS HAVING BEEN CONDUCTED ON SCENE ON THE EARLY MORNING HOURS OF JANUARY 23rd, 2006? >> SIR, EXCUSE ME. IF I COULD GO BACK. I TESTED THE LEAD AND COPPER AT THE CRIME SCENE. I DID NOT DO THAT IN THE LABORATORY. >> AND WHICH PORTION OF THOSE THREE OR FOUR TESTS THAT YOU JUST DESCRIBED WERE THEN PERFORMED AT THE LABORATORY? >> I DID THE TEST FOR GUNPOWDER RESIDUE AND THERE'S VISUAL EXAMINATION. >> WHAT ELSE, IF ANY -- >>> WELL COBACK TO OUR LIVE COVERAGE OF THE DOUBLE MURDER CASE, THE COMMON WEALTH OF MASSACHUSETTS IS BRINGING AGAINST KNEEL ENTWISTLE. ON THE STAND, A FORENSIC SCIENTIST. THIS TESTIMONY IS NOT FOR THE FAINT OF HEART BECAUSE SHE'S DESCRIBING THE BLOODY CLOTHING OF THE BABY AND OF THE MOTHER THAT WAS FOUND IN THE HOME. LET'S TAKE A LOOK. >> 64, YOUR HONOR. >> THANK YOU. >> MAY I PLEASE EXAMINE THE CONTENTS OF THAT? DO YOU RECOGNIZE THAT ITEM? >> YES, I DO. >> WHAT IS THAT? >> IT IS ITEM 7-2. IT'S WHITE ONESIE THAT WAS RECOVERED FROM THE INFANT. >> WHAT TEST OR TESTS OF EXAMINATION DID YOU PERFORM ON THAT ITEM AT THE LABORATORY? >> I DIDN'T OBSERVE ANY RED-BROWN STAINING ON THE ITEM. THERE WAS HEAVY RED-BROWN STAINING ON THE CHEST AND FRONT AREA AS WELL AS THE BACK OF THE ITEM. ON THESE STAINS I PERFORMED A SCREENING TEST FOR THE PRESENCE OF BLOOD, AN THAT WAS POSITIVE. I THEN CONDUCTED A HUMAN TEST FOR BLOOD AND THAT WAS POSITIVE AS WELL. >> DID YOU CONDUCT A DAMAGE ASSESSMENT OF BOTH THE FRONT AND BACK OF THAT GARMENT? >> I DID. >> WHAT, IF ANYTHING, DID YOU NOTE OR SEE? >> THERE WAS A HOLE ON THE LEFT CHEST AREA. IT MEASURED APPROXIMATELY A QUARTER OF AN INCH IN DIAMETER. THAT HOLE HAD A SLIGHT PATTERN TO IT. I THEN OBSERVED A HOLE ON THE BACK OF THE ITEM AS WELL. >> DID YOU PERFORM ONE OR MORE TESTS ON EACH OF THOSE HOLES? >> YES, I DID A GUNSHOT RESIDUE TESTING ON BOTH HOLES. >> WHAT RESULT OR RESULTS DID YOU GET? >> I OBSERVED VAPOROUS LEAD ON HOLE NUMBER ONE, FRONT LEFT CHEST, COPPER AND NICKEL WERE NEGATIVE ON THE HOLE. AND THE HOLE ON THE BACK WAS NEGATIVE FOR LEAD, COPPER AND NICKEL. >> NOW IF YOU COULD, IF YOU'RE ABLE TO, JUST HOLD THAT UP AND FIRST POINT OUT THE RED-BROWN STAINED AREAS THAT YOU SAW ON BOTH THE FRONT AND BACK OF THAT GARMENT. >> THE RED-BROWN STAIN AREAS ARE ON THE CHEST AREA AND STOMACH. >> THE FRONT FACING OUT TOWARDS THE JURY IN THE COURTROOM? >> YES. >> AND WHAT, IF ANY, I BELIEVE THE DAMAGE YOU SAID THERE WAS A HOLE ON THE FRONT OF THAT? IF YOU COULD POINT THAT OUT AS BEST AS POSSIBLE. >> IT'S RIGHT HERE. THE LEFT CHEST AREA. >> AND THE BACK SIDE, IF YOU COULD, AGAIN, POINTING OUT THE RED-BROWN STAINED AREAS AND THE LOCATION OF THE HOLE. I BELIEVE YOU SAID IT WAS HOLE NUMBER TWO. >> THAT'S CORRECT. ALMOST THE ENTIRE BACK SIDE OF THE ITEM WAS RED-BROWN STAINS. THIS HOLE NUMBER TWO IS RIGHT HERE. BASICALLY ON THE CENTER BACK. THAT WAS APPROXIMATELY AN EIGHTH OF AN INCH IN DIMER TER. >> DID YOU DO A TEST ON THAT? >> FOR LEAD, COPPER AND NICKEL, I DID, YES. >> THE RESULT? >> THEY WERE NEGATIVE. >> FOR ALL THREE? >> ALL THREE ON THIS HOLE, YES. >> RETURN THAT TO THE BAG, PLEASE. YOUR HONOR, IF SHE MAY PUT THE CLIPBOARD AND CLIPS IN THE BAG. >> I BEG YOUR PARDON? >> THE COURT BOARD AND THE CLIPS IN THE BAG. >> YES, OF COURSE. MA'AM, DID YOU RECEIVE ANY OTHER ARTICLES OF CLOTHING AND PERFORM ONE OR MORE TESTS ON THEM? >> YES, I DID. >> IN PARTICULAR, I WANT TO DRAW YOUR ATTENTION TO AN ARTICLE OF CLOTHING FROM A BMW MOTOR VEHICLE. DO YOU RECALL RECEIVING AN ITEM? >> YES. >> TELL US WHAT YOU RECEIVED, WHAT TEST OR TESTS YOU PERFORMED ON IT. >> IT WAS A BLACK LONG-SLEEVED SHIRT. AND I OBSERVED -- LOOKED FOR ANY VISIBLE STAINS ON THE ITEM. I DID NOT OBSERVE ANY STAINS. I THEN COLLECTED ANY TRACE EVIDENCE FROM THE ITEM. AND I DID A SCREENING TEST FOR THE PRESENCE OF BLOOD. >> AND DO YOU RECALL THE ITEM NUMBER ASSOCIATED WITH THAT? >> YES, I DO. ITEM 9-1. >> AND WAS THERE ONE OR MORE ADDITIONAL ARTICLES OF CLOTHE THAT YOU HAD RECEIVED? >> YES. >> TELL US WHAT YOU RECEIVED, WHAT YOUR EXAMINATION -- WHAT EXAMINATION WAS PERFORM AND WHAT RESULT, WHAT TESTS, IF ANY, YOU PERFORM AS WELL. >> I EXAMINED A SOILED DIAPER FROM THE INFANT. I OBSERVED RED-BROWN STAINING ON THE REAR INTERIOR REAR OF THE ITEM. I DID A SCREENING TEST FOR THE PRESENCE OF BLOOD, WHICH WAS POSITIVE. AND THEN I DID A HUMAN TEST FOR BLOOD, AND THAT WAS POSITIVE AS WELL. I THEN WENT AHEAD AND PERFORMED EXTRACTION PROCEDURES TO DETECT ANY SPERM CELLS, FLUID OR AND THOSE WERE ALL NEGATIVE. >> DID YOU RECEIVE AN ITEM DESIGNATED 39-1? >> YES. >> WHAT WAS THAT? >> IT WAS A BLUE SWEATER, LONG-SLEEVED SWEATER. >> WHAT, IF ANYTHING, DID YOU EXAMINE ON THEM? >> I DID A SCREENING TEST FOR THE PRESENCE OF BLOOD. AND THAT WAS NEGATIVE. >> ANY OTHER TESTS ON THAT? >> IS WILL COLLECTED WHAT WE CALL GUNSHOT RESIDUE STUBS ON THE RIGHT ARM SLEEVE AND THE LEFT ARM SLEEVE. >> NOW, IS THIS SOMETHING IN ADDITION TO THE THREE TESTS THAT YOU ALREADY DESCRIBED FOR VAPOROUS LEAD AND THE LIKE? >> YES, IT'S THE LAST OF THE RESIDUES THAT ARE -- WHEN A FIREARM IS DISCHARGED, THESE RESIDUES ARE CALLED PRIME WHAT RESIDUES. THEY COME OUT OF THE SIDE AND THE REAR OF THE FIREARM AND THEY ARE DEPOSITED ON ITEMS SUCH AS CLOTHING OR HANDS OR EVEN -- WHATEVER AREAS OR OBJECTS ARE AROUND THAT AREA AT THAT TIME. >> WHAT AREA GENERALLY ARE THEY DISPERSES? >> THEY ARE -- THEY CAN BE DISPERSED AND LAND ON BASICALLY ANYTHING IN THAT VICINITY OF THE REAR AND THE BACK OF THE FIREARM. >> AND BASED ON YOUR TRAINING AND EXPERIENCE, IS THERE A RANGE OF A VICINITY OR DISTANCE IN WHICH THESE PARTICLES CAN BE DEPOSITED? >> IT REALLY DEPENDS ON THE CALIBER OF THE FIREARM. HOWEVER, THEY DON'T TRAVEL VERY FAR BECAUSE THEY'RE LIKE A DUST OR THEY'RE VERY MINUTE, SMALL PARTICLES. >> ARE YOU FAMILIAR WITH THE CHARACTERISTICS IN PARTICULAR, THEIR ABILITY OR INABILITY TO ADHERE TO AN ITEM OR ITEMS? >> YES. >> TELL US ABOUT THOSE, PLEASE. >> THEY ARE -- LIKE I SAID, VERY MINUTE PARTICLES. IT'S VERY MUCH LIKE A DUST. AND THEY -- IT DEPENDS ON THE ACTIVITY OF WHATEVER THEY ARE DEPOSITED ON. IF THEY ARE DEPOSITED ON CLOTHING OR FABRIC, THEY MAY LAST A LITTLE BIT LONGER BECAUSE THE PARTICLES ACTUALLY STICK TO THE FABRIC. HOWEVER, IS IT'S ON AN OBJECT SUCH AS SKIN OR A WALL, THEY WOULD -- MAY GET BRUSHED OFF VERY EASILY IF SOMEONE WASHED THEIR HANDS OR WASHED THE WALL OR WAS VERY ACTIVE WITH THEIR HANDS. >> MOVEMENT CAN AFFECT -- >> EXACTLY, YES. >> AND THE PARTICLES THEMSELVES. THEY SAID WHAT SIZE ARE THEY? >> ACTUALLY THE OUTSIDE OF MY REALM OF EXPERTISE. THAT WOULD BE -- >> I'M SORRY. THE MANNER IN WHICH THEY'RE DETECTED, DO YOU KNOW THE NAME OF THE TEST THAT'S PERFORMED? >> WHAT I DO IS I COLLECT THE RESIDUES AND I FORWARD THEM ON TO THE BOMB AND ARSON UNIT AND THEY USE AN STUMT CALLED A SCANNING ELECTRON MICROSCOPE TO LOOK AT THE PARTICLES. >> HOW DO YOU GATHER THEM? ITEM OR DESIGHS VICES USED IN. >> IT'S ACTUALLY A VERY SIMPLE TOOL. IT LOOKS VERY SIMILAR TO A GLUE STICK WHERE ONE END IS ADHESIVE AND THE OTHER END BASICALLY HAS A HANDLE ON IT. I REMOVE THE ADHESIVE PORTION AND I DAB WHATEVER AREA I BELIEVE THE PRIMA REDUCE COULD BE AND I PLACE A LID ON TO THE ADHESIVE END, SEAL IT AND THEN FORWARD IT ON TO OUR BOMB AND ARSON UNIT FOR ANALYSIS. >> IF YOU RECEIVE -- STRIKE THAT. IF A POSITIVE RESULT IS RECEIVED ON ONE OF THOSE STUBS AROUND THOSE STUBS, WHAT DETERMINATION CAN BE PLAYED? >> IT WOULD GIVE AN INDICATION OF WHETHER SOMEONE DISCHARGED A FIREARM, WAS IN THE VICINITY OF A DISCHARGED FIREARM OR HANDLED A DISCHARGED FIREARM. THESE RESIDUES CAN ALSO TRANSFER FROM ONE AREA TO ANOTHER IF SOMEONE, AGAIN, WAS IN THE VICINITY OF, TOUCHED OR FIRED A FIREARM AND THEN TOUCHED SOMETHING ELSE. THOSE RESIDUES COULD TRANSFER ON TO ANOTHER OBJECT. >> WHAT DETERMINATION CAN BE MADE IF A RESULT -- IF A TEST RESULT ON THOSE STUBS IS NEGATIVE? >> UM, IT BASICALLY IT CAN MEAN THAT THE PERSON WAS NOT IN THE VICINITY OF A DISCHARGED FIREARM, DIDN'T DISCHARGE IT, OR ALSO -- OR HANDLED THE FIREARM AS WELL. HOWEVER, LIKE I SAID, THESE PARTICLES ARE VERY MINUTE AND THEY BLOW AWAY. SO YOU KNOW, IF THEY BLOW AWAY, THEN THEY WOULDN'T BE DETECTED AS WELL. >> SOMEONE COULD HANDLE A FIREARM IN THE VICINITY OR SHOOT A FIREARM AND ULTIMATELY THESE PARTICLES WOULD NOT BE DETECTED? >> YEAH, THEY COULD NOT BE DETECTED. >> AND YOU TOOK -- >> TOUGH TESTIMONY TO HEAR, TOUGH EVIDENCE TO SEE. THE BLOOD ON THE BABY'S DIAPER AND ON THE BABY'S ONESIE, THE ONE-PIECE OUTFIT THE BABY WAS WEARING WHEN SHE WAS SHOT. AS WE GO TO BREAK WE WANT TO UPDATE YOU ON THE 13th JUROR QUESTION. IS THE FORENSIC EVIDENCE FOUND IN THE HOME HELPING THE PROSECUTION? SO FAR A RESOUNDING 90% OF YOU ARE VOTING YES. ONLY 10% SAY NO. TO VOTE, JUST LOGON TO CNN.COM/CRIME AND CLICK ON 13th JUROR. >>> WELCOME BACK. FORENSIC EVIDENCE IS THE GAME TODAY. ON THE STAND, DEANNA DYGAN. SHE'S GOING THROUGH BLOODY EVIDENCE THAT THE JURY IS TAKING A LOOK AT. BLOOD ON THE UNDERWEAR, THE CLOTHING AND EVEN THE DIAPER OF THE VICTIM. LET'S TAKE A LOOK. >> RIGHT AT THE TOP? IN ADDITION TO THE HANDLE, IS WILL COLLECTED FROM THE SNAP THAT YOU USE TO OPEN THE CAN. >> THAT'S AT THE END OF THE CAN OPPOSITE THE HINGE? >> YES, THAT'S CORRECT. >> DID YOU DESIGNATE ITEM NUMBERS FOR THOSE TWO SWABS? >> YES, I DID. >> WHAT ARE THEY? >> THEY WERE 17-1.9. >> FOR BOTH OF THOSE SWABS? >> I ONLY COLLECTED ONE SWAB. >> YOU DID ONE JUST ON THE HANDLE ON THE TOP? >> I COLLECTED THEM TOGETHER. >> AND WHAT ABOUT THE CONTENTS OF THAT PARTICULAR CAN? DID YOU SWAB ANY ITEMS INSIDE? >> YES, I DID. >> TELL US WHAT YOU SWABED AND WHERE YOU SA XWRKS THEM? >> THREE BOXES INSIDE INCLUDING AMMUNITION. I COLLECTED A SWAB FROM EACH OF THOSE SEPARATELY. THE EXTERIOR OF THE THOET ITEMS FOR HANDLER DNA. THERE WAS ALSO VARIOUS ITEMS INSIDE INCLUDING A JAR, GLASS JAR WITH AMMUNITION IN IT AS WELL, A PLASTIC BAG WITH PLASTIC WASHER INSIDE, SOME AMMUNITION AND THERE WAS ALSO A MAGAZINE, A FIREARM MAGAZINE INSIDE AS WELL. >> MAGAZINE BEING A DEVICE THAT HOLDS AMMUNITION? >> YES. >> TELL US THE ITEM NUMBERS OR ITEM NUMBERS AND TO WHAT ITEMS THEY WERE ASSOCIATED WITH THAT YOU TOOK SWABINGES FROM AND FURTHER DNA ANALYSIS. >> THE THREE BOXES OF AMMUNITION WERE 17-1.1. SO WHEN I COLLECTED THE SWAB THAT SAMPLE WAS 17-1.1.1. THE SECOND BOX OF AMMUNITION WAS 17-1.2. AND THAT SWABBING I COLLECTED WAS 17-1.2.1. THE THIRD BOX OF AMMUNITION WAS 17-1.3 AND, AGAIN, I COLLECTED 17-1.3.1. THERE WERES WILL SAR USE OTHER ITEMS. WOULD YOU LIKE THOSE ITEM NUMBERS AS WELL? >> PLEASE. >> I'M REFERRING TO PAGE 11 OF THE CASE JACKET. THERE WAS A PLASTIC WASHER INSIDE THAT WAS 17-1.4 AND SUBSEQUENTLY THE SWAB THAT I COLLECTED WAS 17-IS.4 HOIN 1. THE MAGAZINE, THE FIREARM MAGAZINE THAT HOLDS THE AMMUNITION WAS 17-1.5 AND THE SAWBBING WAS 17-1.5.1. THERE WAS ALSO A ZIP-LOCK BAGGY INSIDE. EXCUSE ME. I'LL STEP BACK. THERE WAS A JUROR INSIDE. THAT WAS 17-1.6. THE HANDLER DNASWAB FOR THAT ITEM WAS 17-6-1. ALSO THERE WAS A PLASTIC BAG THAT CONTAINS SOME AMMUNITION AS WELL. THAT ITEM WAS 17-1.7. AND THE SWAB WAS 17-1.7.1. AND LASTLY, THERE WAS A HAIR THAT WAS RECOVERED IN THE BOTTOM OF THE AMMUNITION CAN AND THAT WAS 17-1.8. >> IF YOU COULD, MA'AM, YOU HAD MENTIONED THAT YOU HAD TAKEN A SWABBING FROM THE HANDLE AND THE LATCH. DESCRIBE HOW YOU PERFORMED THAT SWABBING. >> I TAKE A SWAB THAT LOOKS LIKE A Q TIP. THE ONLY DIFFERENCE IS IT HAS A LONGER HANDLE TO IT. I THEN ADD STERILE WATER TO THAT SWAB AND I BASICALLY JUST RUB ON THE SURFACE OF WHICHEVER AREA I BELIEVE HAD BEEN TOUCHED. >> WHAT SURFACE OF THAT TOP HANDLE DID YOU SWAB? >> BASICALLY THE FLAT PORTION THAT YOU HOLD ON TO, THE MIDDLE FLAT PORTION. >> AND YOU HAD MENTIONED THAT YOU HAD TO SWAB THE LATCH MECHANISM ON THE SIDE. WHAT AREA OR AREAS ON THAT DID YOU SWAB? >> BASICALLY ALL THE AREAS THAT YOU USE TO OPEN THE LATCH, SO BASICALLY THIS WHOLE ENTIRE FRONT FLAT PIECE AND ALSO THE LATCH THAT YOU USE TO UNLATCH THE LARGER PIECE. >> I BELIEVE YOU SAID THAT YOU HAD DONE PERFORMED ONE SWAB FOR THOSE FLEE AREAS? >> YES. >> WHAT WAS THE REASON FOR PERFORMING THE ONE SWAB FOR ALL THREE AREAS? >> BASICALLY THESE SWABES, THESE HANDLER SWABS WE CONSIDER THEM LIMITED SO I SWAB FROM THE TWO AREAS OF -- BECAUSE CASE BASICALLY THIS AREA, AND THESE AREAS ARE TOUCHED SUBSEQUENTLY USUALLY AT THE SAME TIM THE -- YOU TOOK SWABS FROM THREE OF THE AMMO BOXES INSIDE THAT AMMO CAN, I BELIEVE YOU SAID. >> THAT'S CORRECT. >> DESCRIBE HOW YOU TOOK EACH OF THOSE SWABS. >> I TOOK BASICALLY THE SAME WAY AS I DID THE AMMUNITION BOX, WAS TAKE IT ONE SWAB AND PLACE STERILE WATER ON THE END AND I BASICALLY JUST RUBBED THE EXTERIOR SURFACES OF EACH OF THE AMMUNITION BOXES. >> AND YOU DID ONE SWAB FOR EACH OF THOSE BOXES INSIDE THAT CAN, FOR IDENTIFY? >> YES. >> THE NEXT ITEM, MA'AM, CC FOR IDENTIFICATION, TAKE A LOOK AT THAT, INCLUDING THE CONTENTS. TELL US IF YOU RECOGNIZE THAT. >> DO YOU RECOGNIZE THE CONTENTSES? >> YES, DO. >> WHAT IS IT? >> IT IS A BLACK GUN CASE OR GUN HOLDER. >> WHEN DID YOU FIRST SEE IT. >> WHEN I BEGAN MY EXAMINATION IN JANUARY. >> LATE JANUARY, 2006? >> YES. >> TELL US THE CONDITION THAT IT WAS IN WHEN YOU FIRST SAW IT? >> IT WAS VERY SIMILAR TO THIS. THERE WAS NO STAINING OBSERVED. AND IT LOOKED -- AT GUN CASE HOWEVER IT SEEMED TO BE IN RELATIVELY GOOD CONDITION. >> DID YOU INVENTORY THE CONTENTS OR DO ANYTHING INITIALLY WHEN YOU FIRST SAW IT? >> YES, I DID. >> WHAT DID YOU DO? >> I THEN FORWARD IT ON TO OUR CRIME SCENE SERVICES MIDSECTION FOR FINGERPRINTING ANALYSIS. >> AT SOME POINT AFTER FORWARDING IT ON TO CRIME SCENE SERVICES DID YOU SEE THAT ITEM AGAIN? >> YES, I DID. >> AND WHAT CONDITION WAS IT IN WHEN YOU SAW AT THIS TIME SECOND TIME? >> IT WAS IN RELATIVELY THE SAME CONDITION EXCEPT FOR THIS TIME IT HAD GRAY FINGERPRINT POWDER ON IT. >> AND WHAT ABOUT THE CONTENTS? >> THE CONTENTS WERE THE SAME AS BEFORE. >> HOTTER ON THEM? >> YES, THERE WAS SOME POWDER ON THEM AND ALSO SOME YELLOW DYE. >> WHAT, IF ANYTHING, DID YOU DO WITH THAT CASE AND THE CONTENTS THE SECOND TIME YOU SAW IT? >> I DOCUMENTED THEM. IS WILL OBSERVED ANY STAINING. AND THEN I COLLECTED HANDLER DNA SWABS FROM VARIOUS ITEMS. >> TELL US, IF YOU COULD, WHAT HANDLER DNA SWABS YOU TOOK FROM THAT ITEM, STARTING WITH THE EXTERIOR, THE CONTAINER ITSELF, AND THEN MOVING TO THE CONTENTS. >> I COLLECTED A SWAB FROM THESE SNAPS ON THE FRONT AND ALSO THE HANDLE ON WHICH I'M HOLDING ON TO ON THE TOP. >> THE LOCKING OR CLOSING MECHANISMS? >> YES. >> AND HOW MANY SWABS DID YOU TAKE FROM THOSE TWO LATCHES AND THE HANDLE? >> JUST ONE SWAB. >> ONE SWAB TOGETHER? >> YES. >> WAS THAT SUBMITTED FOR DNA ANALYSIS? >> YES, IT WAS. >> WHAT ITEM NUMBER WAS THAT GIVEN? >>> IS THE FORENSIC EVIDENCE FOUND IN THE HOME HELPING THE PROSECUTION? THAT'S TODAY'S 13th JUROR QUESTION. JUST LOGON TO CNN.COM/CRIME AND CLICK ON 13th JUROR TO VOTE. SO FAR 90% OF YOU ARE VOTING YES WHILE 10% OF YOU ARE SAYING NO. WE'LL BE UPDATING THE 13th JUROR VOTES THROUGHOUT THE DAY. CRIMINAL DEFENSE ATTORNEY JOANNA GREENWALD IS STILL WITH US. JEANNA, THE DEFENSE SAYS THE SEARCH OF THE HOME WAS AN ILLEGAL SEARCH BECAUSE NEITHER OF THE RESIDENTS OF THE HOME, NEIL ENTWISTLE NOR RACHEL ENTWISTLE CONSENTED AND ALL THIS EVIDENCE SHOULD BE THROWN OUT. THE JUDGE REJECTED THAT. ANY VALIDITY TO THAT ARGUE SNMT. >> NO, THERE'S NONE ACTUALLY. THE JUDGE RULED CORRECTLY IN THIS SITUATION BECAUSE THIS IS -- I KNOW THEY CALLED IT A WELL-BEING CHECK BUT FOR US IN NEW YORK WE CALL THIS THE EMERGENCY EXCEPTION. WHERE YOU CAN GO IN. THE POLICE THEN THAT WENT IN ACTUALLY BOTH TIMES ARE COMMUNITY CARETAKERS IS WHAT IT'S CALLED IN MASSACHUSETTS. SO BY THEN GOING IN YOU HAVE JUSTIFICATION. YOU WOULD NEED A SEARCH WARRANT BUT THE JEST FICATION IN THIS CASE IS MAKING SURE SOMEONE IS OKAY, SEARCHING FOR SOMEONE'S WELL BEING. GOING IN THERE YOU DON'T NEED A SEARCH WARRANT AND ACTUALLY THOSE THAT YOU HAVE IN THE HOME GO BY THE WAYSIDE WHEN POTENTIALLY EVIDENCE MIGHT BE DESTROYED OR SOMEONE'S IN DANGER. AND ACTUALLY IN NEW YORK THE LEADING CASE IN THIS IS KNOWN AS PEOPLE VERSUS CONTROL WHICH IS THE EMERGENCY EXCEPTION CASE WHEN YOU'RE LOOK FOR SOMEBODY. BUT THE INTERESTING THING, WHERE THE FIGHT MAY COME UP, IS THAT THIS EXCEPTION IN THIS CASE ACTUALLY THAT STOOD FOR IN NEW YORK, THE EXCEPTION STOPS AS SOON AS YOU FIND THE BODIES. AND WHEN THEY FOUND THE BODIES OF LILLIAN AND WITH RACHEL, THAT EXCEPTION HALTED AT THAT MOMENT AND THAT'S WHEN THEY NEEDED TO GET A SEARCH WARRANT. SO IF THEY DID ANYTHING AFTER THEY FOUND THE BODIES, THEN THEY WOULD HAVE A SEARCH WARRANT ISSUED. >> LET'S GO OUT TO MASSACHUSETTS EXPERT THEN. THOMAS McKEAN WATCHING THIS CASE WITH US OUTSIDE THE COURTHOUSE THIS MORNING. WHAT ABOUT IN MASSACHUSETTS, SHOULD THEY HAVE STOPPED UPON FINDING THE BODIES? >> WELL, THEY -- THE EVIDENCE THOUGH COMES IN WHEN DID NIND THE BODIES. THEY STILL HAVE A RESPONSIBILITY TO CHECK IN TERMS OF WHAT THE CAUSE OF DEATH WAS. ALSO, WHETHER THERE'S A THIRD BODY OR WHAT ELSE IS GOING ON. NOW, EVENTUALLY THEY DID GO AND WHEN THEY COLLECTED OTHER EVIDENCE AND REMOVED THE BODIES, THEY DID GET A SEARCH WARRANT LATER ON. SO I DON'T THINK THEY'RE GOING TO -- THE DEFENSE IS NOT GOING TO WIN ON THIS MATTER. >> JENNIFER BONJEAN IS HERE WITH US IN NEW YORK. WHAT WE'RE LEARNING FROM THIS FORENSIC EVIDENCE IS WHAT WE ALREADY KNOW, RACHEL AND LILLIAN WERE SHOT TO DEATH, THEY WERE MURDERED. DOES ANY OF THIS LINK THE SHOOTS TO NEIL ENT WHISTLE. >> NO, YOU'RE SAYING THIS IS EXPECTED. THIS IS WHAT WE EXPECT TO SEE. OF COURSE, THE PROSECUTION IS PITTING IT ON BECAUSE THERE IS A LOT OF BENEFIT TO SEEING A BLOODY ONESIE, QUITE HONESTLY. IT INFLAMES THE JURY. AND IN SOME SENSE, IT COULD PREJUDICE THE JURY. THAT'S NOT THE THRUST OF THE CASE. IT'S A WHO DONE IT. AND THIS FORENSIC EVIDENCE DOESN'T TELL US WHO DONE IT. BUT INTERESTINGLY, THERE IS SOME INTEREST IN THE SCENE AND EVIDENCE THAT WAS FOUND ON RACHEL ENTWISTLE. AS A DEFENSE ATTORNEY, DL IS MUCH MADE OF THIS MARRIAGE AND THERE ARE A LOT OF PROBLEMS IN THIS MARRIAGE. WE KNOW THEY WERE HAVING SEX, ASSUMING THIS IS NEIL ENTWISTLE'S DNA, WHICH I ASSUME IT IS. I THINK THE DEFENSE MIGHT EXPLOIT THAT FACT TO THEIR BENEFIT. >> WITH THAT CONTEXT, LESS GO RIGHT BACK INTO THE COURTROOM. LIVE ON THE STAND, DEANNA DYGAN. LET'S LISTEN IN. >> THERE IS A FIREARM WITH A CASE THERE. ONE OVER THERE AS WELL. SO, YES, 17-18 IS IN BETWEEN THOSE TWO. >> WHAT, IF ANYTHING, MA'AM, DID YOU DO WHEN YOU FIRST RECEIVED AND SAW ITEM 17 -- EXCUSE ME 17-18 AND ITS CONTENTS? >> I -- LIKE I SAID BEFORE, 17-18 WAS A TAN CASE. AND I COLLECTED SCRAPINGS AND SWABBINGS FROM THAT. >> OPEN THAT CASE? >> YES, I OPENED IT FIRST T. OBSERVE THE CONTENTS. >> AND WHAT DID YOU SEE INSIDE? >> IT WAS A REVOLVER, COAT DIAMONDBACK REVOLVER, .22. AND ALSO ON IT WAS A TRIGGER LOCK, WAS ON THE TRIGGER. >> THAT TOP PHOTOGRAPH, DO YOU RECOGNIZE THAT? >> YES, I DO. >> WHAT DOES IT SHOW? >> IT'S THE TAN CASE, ITEM 17-18. >> DOES IT SHOW IT WHEN YOU FIRST SAW IT -- WHEN YOU FIRST SAW IT IN THE LAB LATE JANUARY 2006? >> YES. >> DOES IT SHOW THE AREA OR AREAS THAT YOU SWABBED? >> YEAH, A PORTION OF THEM, ONLY ONE SIDE OF THE CASE, YES. >> FAIRLY AND ACCURATELY SHOW THE OUTSIDE OF ONE SIDE OF THAT CASE? >> YES. >> NEXT EXHIBIT, YOUR HONOR. >> ANY OBJECTION? >> IT MAY BE MARKED WITHOUT OBJECTION. >> 73. >> 73 IS ON THE SCREEN, YOURN. WHAT AREA OR AREAS, MA'AM, DID YOU SWAB? >> I TOOK SOME SCRAPINGS FROM -- BY USING A SKAP PELL FROM THE EXTERIOR PORTION OF THE CASE AND THEN I TOOK TWO SWABS JUST AS I DESCRIBED BEFORE, WITH THE WATER AND RUBBED IT ON THE EXTERIOR SURFACE OF THE ITEM. >> BOTH THE SIDE THAT YOU CAN SEE IN THIS PHOTOGRAPH AND THE OTHER SIDE? >> YES. AND THE ZIPPER AS WELL. >> THAT NEXT PHOTOGRAPH, MA'AM, WHAT IS THAT? >> THIS IS THE REVOLVER, 17-4, WITH THE TRIGGER LOCK ON IT THAT WAS INSIDE THE CASE WE JUST LOOKED AT. >> DOES IT APPEAR IN THAT PHOTOGRAPH IN THE MANNER THAT YOU SAW THAT REVOLVER AND TRIGGER LOCK WHEN YOU FIRST RECEIVED IT AT THE LAB AND BEFORE YOU SENT IT OFF FOR FURTHER TESTING ELSEWHERE? >> YES. >> FAIRLY AND ACCURATELY DEPICT IT? >> YES. AGAIN, ONLY THE ONE SIDE. BUT, YES, THE ONE SIDE IS ACCURATE. >> THAT MAY BE 73-A, PLEASE. >> 73-A MARKED. >> THANK YOU. >> WHAT DID YOU DO WITH THAT ITEM, MA'AM, WHEN YOU FIRST SAW IT? >> I FIRST DOCUMENTED IT WITH PHOTOGRAPHY AND I TRIED TO OBSERVE IF THERE WERE ANY STAINING ON THE ITEM. AND I DID OBSERVE SOME STAINING. >> WHERE DID YOU SEE SOME STAINING? >> I OBSERVED A WHITE STAIN AND A BROWN GEL-LIKE MATERIAL ON THE END OF THE BARREL OR END OF THE MUZZLE. >> WHAT, IF ANYTHING, DID YOU DO WITH THAT? >> I DOCUMENTED IT AND ALSO TOOK -- CONDUCTED A SCREENING TEST FOR THE PRESENCE OF BLOOD ON THAT BROWN GEL-LIKE MATERIAL ON THE INSIDE OF THE BARREL AND ALSO ON ALL OTHER AREAS OF THE ITEM. >> WHAT RESULT OR RESULTS DID YOU GET WHEN YOU PERFORMED THE SCREENING TEST FOR THE PRESENCE OF BLOOD? >> IT WAS NEGATIVE. >> WHAT DID YOU DO WITH THE SUBSTANCE OR SUBSTANCES THAT YOU OBSERVED ON THE MUZZLE AND OF THE REVOLVER? >> IT TOOK A SWAB OF THE INTERIOR OF THE MUZZLE AS WELL AS THE EXTERIOR OF THE MUZZLE INCLUDE THAT BROWN GEL-LIKE MATERIAL. >> IS THAT TWO SEPARATE SWABS OR ONE SWAB? >> ONE SWAB ALL TOGETHER. >> AND THE OTHER AREAS THAT YOU TESTED? WHERE WERE THEY, MA'AM? >> 73-A. >> I TESTED THE ENTIRE ITEM FOR BLOOD AND IS WILL TOOK SWABBINGS FROM DIFFERENT AREAS OF THE FIREARM. >> AND USE THAT PHOTOGRAPH, MA'AM IF YOU COULD, AND THE POINTER. >> THANK YOU. >> POINT TO THE AREA OR AREAS THAT YOU TESTED FOR BLOOD INCLUDING THE -- LET'S DO THAT FIRST. >> I DID A TREATMENT FOR BLOOD BASICALLY ON THE WHOLE ENTIRE ITEM. AND ALSO, THE DELICATE MATERIAL WAS HERE AT THE TIP OF THE MUZZLE, WHICH YOU CAN'T SEE IN THIS PICTURE. I THEN WENT AND DID A SCREENING TEST FOR BLOOD ON THE INSIDE OF THE MISSAL AS WELL. >> AND IS THAT LOCK ON THERE THAT YOU SAW WHEN YOU FIRST SAW THE FIREARM? >> YES, IT WAS. >> DO YOU RECOGNIZE WHAT'S SHOWN IN THAT PHOTOGRAPH, MA'AM? >> YES, I DO. >> WHAT DOES IT SHOW? >> IT'S THE END OF THE MUZZLE OF THIS FIREARM, THAT BROWN GEL-LIKE MATERIAL I WAS TALKING ABOUT. >> DOES THAT FAIRLY AND ACCURATELY DEPICT THE MUZZLE END OF THAT REVOLVER WHEN YOU FIRST SAW IT BACK IN JANUARY OF 2006? >> YES. >> AND FAIRLY AND ACCURATELY DEPICT THAT AREA FROM THE VANTAGE POINT OF LOOKING AT THE MUZZLE? >> YES. >> NEXT EXHIBIT, PLEASE. >> THAT WOULD BE 73-B, PLEASE. >> EXHIBIT 73-B MARKED. >> MAY I DISPLAY IT, YOUR HONOR? >> YES. >> YOU MAY STEP DOWN, WITH THE POINTER, AND SHOW THE AREA OR AREAS THAT YOU HAD NOTICED -- I BELIEVE YOU SAID THE WHITE STAINING AND THE BROWN GEL-LIKE SUBSTANCE. >> THE BROWN GEL-LIKE SUBSTANCE WAS RIGHT AROUND THE END OF THE MUZZLE, RIGHT AROUND THERE. THERE WAS A STAINING, I BELIEVE IT WAS IN THIS CORNER HERE. IT'S DIFFICULT TO SEE IN THIS PHOTOGRAPH. >> THE OUTER EDGE OF THE MUZZLE END? >> YES. >> AND WHAT AREA OR AREAS DID YOU SWAB IN THAT MUZZLE? >> I SWABBED THIS ENTIRE END OF THE MUZZLE, INCLUDING THIS BROWN GEL-LIKE MATERIAL. I BELIEVE THAT IT WAS THERE BECAUSE IT DIDN'T COME OFF WHEN I LOGGED IT. AND THEN INSIDE OF THE MUZZLE AS WELL. >> ABOUT AN INCH INSIDE THE MUZZLE HOLE ITSELF? >> YES. >> AND WHAT DID YOU DO WITH THAT SWAB? >> I LET IT DRY AND THEN PRESERVED IT FOR FURTHER TESTING. >> DID YOU GIVE IT AN ITEM NUMBER? >> YES, I DID. >> WHAT ITEM NUMBER? >> I BELIEVE IT WAS 17-1.3. >> I WOULD LIKE TO GO BACK TO THE OTHER PHOTOGRAPH. I BELIEVE YOU SAID AT SOME POINT YOU SENT THAT OFF TO CRIME SCENE SERVICES FOR FINGERPRINTING ANALYSIS? >> YES. >> AND PRIOR TO SENDING IT OFF, WHAT AREA OR AREAS HAD YOU SWABBED? >> IN ADDITION TO THAT WHAT I JUST MENTIONED, I SWABBED THE HANDLE PORTION. THE HANDLE IS PARTS IN THE PHOTO. IT WAS A GRIP HANDLE. I LIFTED A SWAB FROM THAT PORTION AS WELL AS THE HAMMER WHICH IS UP ON THE TOP LEFT PORTION OF THE FIREARM. THATS WILL HAD THE AREA TO IT AND I TOOK A SWAB FROM THAT AS WELL. >> I BELIEVE YOU SAID GRIPPED OR RIPPED? >> GRIPPED. >> GRIPPED. SO THERE'S A TEXTURE OR A ROUGH SURFACE. >> YES. >> DID DO ONE SIDE OR BOTH SIDES OF THAT GRIPPED HANDLE AREA? >> I DID BOTH. >> DID YOU DO SPAT SWAB OR ONE SWAB? >> ONE SWAB. >> WHAT WAS THE REASON FOR DOING THE ONE SWAB? >> AGAIN, ALL OF THESE HANDLER SWABS ARE LIMITED SO I WANT TO CONCENTRATE AS MUCH AS I CAN ON THE ONE SWAB. >> WHAT NUMBER DID YOU GIVE TO THAT SWAB? ITEM NUMBER. >> THE HANDLE PORTION? >> YES, I'M SORRY. >> 17-4.1 WAS THE SWAB OF THE HANDLE. >> AND DID YOU DO A SEPARATE SWAB FOR THE RIDGE PORTION OF THE HAMMER? >> YES. >> WHAT ITEM NUMBER WAS THAT? >> THAT WAS 17-4.2. >> AND -- YOU SAID YOU HAD PERFORMED SOME SCREENING TESTS FOR THE PRESENCE OF BLOOD. DID YOU PERFORM THEM BEFORE YOU SENT THIS ITEM TO CRIME SCENE SERVICES FOR FINGERPRINTING OR AFTERWARDS? >> IT WAS BEFORE. >> AND IN WHAT MANNER DO YOU -- >> WHY DID NEIL ENTWISTLE LEAVE THE KEYS IN HIS CAR? WHEN WE COME BACK WE'LL HEAR WHAT YOU HAD TO SAY ABOUT THAT AS WE REVEAL THE ANSWER TO OUR QUESTION OF THE DAY. >>> WE ASKED YOU TODAY IN OUR QUESTION OF THE DAY, WHY DID NEIL ENTWISTLE LEAVE THE KEYS IN THE CAR? THERE WERE TWO POPULAR AN ANSWERS. OUR FIRST ANSWER COMES FROM ANTOINETTE IN CONNECTICUT. SHE WRITES, SIMPLE, HE WASN'T PLANNING TO GO BACK TO HIS HOME AND OUR SECOND ANSWER COMES FROM HAROLD IN TEXAS, HE WRITES, THE KEYS WERE LEFT THERE WITH HOPE THAT THE CAR WOULD BE STOLEN, ADDING A SECOND SUSPECT TO THE MURDERS. THANKS FOR ALL OF YOUR ANSWERS. GOOD SLEUTHING. LET'S GO RIGHT BACK INTO THE COURTROOM AND FORENSIC SCIENTIST IS ON THE STAND TESTIFYING LIVE ABOUT DNA EVIDENCE. >> THE FIREARM AND ALSO THE CYLINDER OF THE FIREARM. >> WHAT ITEM NUMBERS DID YOU ASSOCIATE WITH THOSE SWABS? >> MAY I REFER TO MY NOTES, PLEASE? >> YES. >> THE SMOOTH HANDLES OF THE AREA WERE 17-4.5. THE EXTERIOR OR SMOOTH POIRGSS OF THE BARREL WERE 17-4.6. 2 TRIGGER WAS 17-4.7. AND THEN THE CYLINDER WAS 17-4.8. >> THE ITEM IN FRONT OF YOU, MARK THAT FOR IDENTIFICATION, P, YOUR HONOR. IF YOU COULD HOLD THAT UP, I BELIEVE THAT IS THEN -- DO YOU RECOGNIZE THAT? LET'S START WITH THE SMALL CONTAINER, PAPER CONTAINER. >> OKAY. >> JUST CONTINUE? >> YES. >> OKAY. >> HAVE YOU HAD A CHANCE TO LOOK AT THE ITEM INSIDE? >> ACTUALLY, IT'S NOT IN THE ENVELOPE ANY LONGER. >> I APOLOGIZE. >> YES, I DO RECOGNIZE IT. >> WHAT IS IT? >> IT'S THE TRIGGER LOCK THAT WAS ON THE TRIGGER OF THE FIREARM. >> AND IF YOU COULD HOLD UP THE TWO SIDES OF THE TRIGGER LOCK, AND AS BEST AS POSSIBLE, POINT OUT TO THE JURY THE AREA OR AREAS THAT YOU SWABBED ON THAT. >> THIS IS THE TWO ENDS. AND THEY COME TOGETHER LIKE THIS ON EITHER SIDE OF THE TRIGGER TO CREATE ONE PIECE. I COLLECTED ONE SWAB FROM BASICALLY THE ENTIRE EXTERIOR SURFACE OF THIS TRIGGER LOCK. >> NOW, THE TAN CASE, 17-18, IS THAT IN THAT "P" FOR IDENTIFICATION AS WELL? >> YES. >> IF YOU COULD, TAKE THAT OUT AND HOLD IT UP AND SHOW THE COURT AND THE JURY THE AREA OR AREAS THAT YOU SWAB BED. >> THIS IS 17-4 AND 17 -- AND I TOOK SOME SCRAPINGS AND SWABBINGS FROM THE ENTIRE EXTERIOR SURFACE OF THIS ITEM. >> BOTH FLAT AREAS, AND THE ZIPPER AS WELL? >> AND THE ZIPPER, THE ENTIRE SURFACE. >> DONE AS ONE SWAB? >> THAT WAS ACTUALLY TWO SWABS IN THIS CASE. >> WHERE WAS THE FIRST SWAB FROM? >> THE TWO SWBS ARE HELD TOGETHER AND COLLECTED TOGETHER. >> HAD YOU GIVEN US THE ITEM NUMBER THAT YOU WOULD HAVE ASSOCIATED WITH THAT SWAB? >> THIS IS 17-18. >> THE HANDLER DNA SWAB NUMBER WAS -- >> 17-18.1. >> THOMAS McKEAN WITH US OUTSIDE THE COURTHOUSE IN MASSACHUSETTS. HOW CLOSELY IS THE LOCAL COMMUNITY FOLLOWING THIS STORY? IT'S A PRETTY BIG STORY OUT THERE, ISN'T IT? >> IT IS A BIG STORY. IT GOT A LOT OF PUBLICITY AT THE TIME. AND IT STILL IS COVERED EVERY SINGLE DAY IN THE PAPER. SO THERE'S A LOT OF ATTENTION GIVEN TO THIS. >> THOMAS, IS THAT GOING TO HURT THE DEFENSE? >> I THINK THAT IT DOES HURT. I MEAN, I THINK THE JURY IS PRETTY WELL FOCUSED ON JUST WHAT THE TESTIMONY IS. I THINK THIS MORNING'S TESTIMONY WAS INTERESTING IN THREE WAYS. I THINK IT DISPLAYED THAT THE BABY WAS SHOT. INITIALLY THE PUBLICITY INDICATED IT MIGHT HAVE BEEN A MISTAKE. THAT RACHEL HAD BEEN SHOT AND THE BULLET WENT THROUGH RACHEL AND KILLED THE BABY. I THINK THE TESTIMONY THIS MORNING INDICATED THAT WAS NOT THE CASE. ALSO THIS MORNING SEEMED TO INDICATE THAT THERE WAS VERY THOROUGH INVESTIGATION DONE THROUGHOUT AND EXCLUDED SORT OF SOMEBODY ELSE. THERE'S NO EVIDENCE AT ALL THAT ANOTHER PARTY -- SCIENTIFIC EVIDENCE AT LEAST, THAT ANOTHER PARTY WAS INVOLVED IN THIS. >> NO SIGNS OF FORCED ENTRY, NO BURGLARY. >> JENNIFER BONJEAN, WHO ELSE WOULD SHOOT A BABY? DOESN'T THAT SOUND LIKE A DOMESTIC PROBLEM TO YOU? >> WELL, I DO THINK THAT'S A REALLY BAD FACT FOR THE DEFENSE BECAUSE I BELIEVE THAT NEIL ENTWISTLE IT WAS PRIMARY SUSPECT FROM THE BEGINNING AND I THINK STATISTIC SCLI WHEN YOU HAVE WOMEN AND CHILDREN SHOT OR KILLED, IT'S GOING -- THEY'RE GOING TO LOOK TO THE SPOUSE. SO THIS IS A BAD FACT. >> YEAH. >> THERE HAS TO BE SOME OTHER MOTIVE. I DON'T BUY THE E BEY -- ANGRY eBAY CUSTOMER'S MOTIVE. >> OTHERWISE WE WOULD ALL BE OUT THERE SHOOTING. JOANNA GREENWALD, WHAT ABOUT NEIL ENTWISTLE FOUND THE BODIES AND NEVER CALLED 911 AND FLEES TO ENGLAND. MORE IMPORTANT THAN THE FORENSIC EVIDENCE? >> YES, I DON'T BELIEVE THE FORENSIC EVIDENCE IS AS STRONG. IT'S A COMPILATIONS OF FORENSIC EVIDENCE. >> I APOLOGIZE. WE ARE OUT OF TIME. WE HAVE TO LEAVE IT RIGHT THERE. THANKS TO OUR CORRESPONDENT BETH KARAS REPORTING LIVE FROM MASSACHUSETTS TODAY. THANKSS WILL TO OUR GUEST TOM McKEAN AND JOANNA GREENWALD AND JENNIFER BONJEAN HERE IN NEW YORK. TIME TO CHECK IN WITH RON WHO IS IN FOR JAMI FLOYD TO FIND OUT WHAT'S COMING UP NEXT ON "BEST DEFENSE." HEY, RON. >> HEY, LISA. IT'S GOING TO BE MORE DNA EVIDENCE. AND WHILE I KNOW IT'S SOMEWHAT TEDIOUS TO GO THROUGH TIME AFTER TIME, ESPECIALLY IF YOU'VE SEEN IT BEFORE, IF IT'S RACHEL ENTWISTLE'S DNA THAT'SING ON THE MUZZLE OF THE GUN, THE BEST DEFENSE BETTER BE A MUCH BETTER DEFENSE THAN THE ONE I SEE SO FAR. >> YEAH, PROSECUTORS HOPING DNA STANDS FOR DO NOT ACQUIT. THANKS, RON. WE'LL GET BACK TO YOU IN JUST A MINUTE. THAT'S WRAPS UP MY TIME WITH YOU ON "OPEN COURT." I AM LISA BLOOM. I'LL BE BACK HERE TOMORROW MORNING 9:00 A.M. EASTERN FOR MORE TRIAL COVERAGE. THANKS FOR WATCHING. I'LL SEE YOU TOMORROW. |