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>>> TODAY ON THE "THE BEST DEFENSE," IS THIS MAN A COLD-BLOODED KILLER THAT MURDERED HIS FAMILY AND FLED THE COUNTRY, OR IS NEIL HE NOT WHISTLE WRONGLY ACCUSED? THE BEST DEFENSE NOW. THIS IS "THE BEST DEFENSE." I'M IN FOR JAMI FLOYD TODAY. MASSACHUSETTS PROSECUTORS CONTINUE TO BUILD THEIR CASE AGAINST NEIL ENTWISTLE TODAY. THEY BELIEVE THE EVIDENCE PROVES HE SHOT HIS WIFE RACHEL AND HIS NINE-MONTH-OLD DAUGHTER LILIAN AND SKIPPED TOWN BY GOING TO ENGLAND. THE DEFENSE ATTORNEYS SAY HE HAD NOTHING TO DO WITH THE CRIMES. THEY SAY HE DISCOVERED THE BODIES AND PANICKED AND WENT HOME TO THE COMFORT OF THE FAMILY HE HAD LEFT. BETH KARAS JOINS US LIVE WITH THE LATEST. GOOD MORNING TO YOU. THE LAST I HEARD FROM THE COURTROOM WAS I HEARD THE PROSECUTOR TELL THE JUDGE, YOUR HONOR, WE DIDN'T WANT TO BURDEN YOU WITH ALL OF THIS PAPER, SO WE DIDN'T GIVE IT ALL TO YOU. THEN THERE WAS A SIDEBAR AND THEN THEY SAID GIVE US TEN MINUTES AND THAT WAS ABOUT 40 MINUTES AGO. WHAT'S GOING ON? >> WELL, THEY DECIDED TO TAKE THE MORNING BREAK, WHICH TYPICALLY COMES AT THE TOP OF THE HOUR NOW FOR ABOUT 20 MINUTES. THEY TOOK IT EARLY BECAUSE OF THE LAWYERS ARE PUTTING IN ORDER THE DOCUMENTS AS THEY'RE GOING TO BE TESTIFIED TO THAT ELLIOTT WINE STEEN AND STEPHANIE WAGE CAN FOLLOW ALONG. WE DON'T HAVE ALL OF THE DETAILS, BUT APPARENTLY THE PRESENTATION OF THE EVIDENCE IS NOT WHAT THE COURT AND THE DEFENSE THOUGHT IT WAS GOING TO BE, AND THAT'S WHERE THERE'S THIS LITTLE DELAY. THERE HAD BEEN SEVERAL MOTIONS IN LIMINE MADE, AND THEY DID INCLUDE THE PROSECUTION'S DESIRE TO USE AND THE DEFENSE'S REQUEST TO EXCLUDE THIS TYPE OF EVIDENCE. THE JUDGE IS ALLOWING INTERNET SEARCHES THAT WERE DONE BY COMPUTERS RECOVERED FROM THE ENT ENTWISTLE HOME. THERE WERE TWO LAPTOPS. ONE IS BEING TESTIFIED TO NOW. SHE IS ALLOWS A LOT OF SEARCHES IN FROM THE WEEK BEFORE THE MURDERS. WE'RE HEARING ABOUT JANUARY 16th, THAT MONDAY, AND WE'RE HEARING ABOUT A SEARCH BY A PASSWORD-PROTECTED USER NAMED ENT. THAT'S THE NAME OF THE COMPANY ENTWISTLE HAD STARTED. THE SENCH IS HOW TO KILL WITH A KNIFE. >> HOW TO KILL WITH A KNIFE. HOW TO KILL WITH A KNIFE STRIKES ME AS AN INCREDIBLY PREJUDICE SHALL PIECE OF EVIDENCE TO ENTER INTO THIS TRIAL. ON WHAT BASIS WAS THAT ADMITTED? >> Reporter: WELL, WE DIDN'T HEAR THE ARGUMENT ABOUT WHY IT'S BEING ADMITTED. JUST BECAUSE THE KILLINGS IN THIS CASE DIDN'T OCCUR WITH A KNIFE DOESN'T MEAN THAT A SEARCH LIKE THAT ISN'T RELEVANT. THE JUDGE INSTRUCTED THE JURY THAT THE TYPE OF TESTIMONY THEY'RE GOING TO BE HEARING GOES -- ASSUMING THE JURY BELIEVES THAT THE PROSECUTION HAS PROVEN ENTWISTLE WAS THE USER AND THESE ARE ENTWISTLE'S SEARCHES, THEY CAN USE IT TO ASSESS THE NATURE OF THE RELATIONSHIP BETWEEN NEIL AND RACH RACHEL. IT WAS A LOVING ROMANTIC RELATIONSHIP, AND WE'VE HEARD ABOUT SEARCHES FOR ESCORTS ABOUT HOW TO KILL WITH A KNIFE, OR THE STATE OF MIND OR INTENT OF ENTWISTLE AT THE TIME OF THE CRIMES OR MOTIVE. NOW, ENTWISTLE'S STATEMENTS TO THE POLICE INCLUDES THAT HE AFTER FINDING HIS WIFE AND DAUGHTER WENT DOWN TO THE KITCHEN AND GOT A KNIFE AND CONSIDERED KILLING HIMSELF AND SAID IT WAS GOING TO HURT TOO MUCH AND HE WENT TO THE IN-LAWS' HOME TO GET A GUN AND COULDN'T GET ONE. ACCEPTABLE A KNIFE WAS DISCUSSED BY HIM. HIS STATE OF MIND AT THE TIME, IF HE'S THE USER, INCLUDED SEARCHES FOR SUICIDE, EUTHANASIA, BANKRUPTCY. THESE ARE IN COURT DOCUMENTS. I DON'T KNOW IF ALL OF IT IS COMING IN, BECAUSE THE JUDGE DIDN'T MAKE ANY RULINGS IN OPEN COURT YET ABOUT THE DETAILS. SO, I MEAN, IT'S RELEVANT. IT GOES TO HIS STATE OF MIND AT THE TIME. IF HE WAS THE PERPETRATOR HERE, HE WAS CONSIDERING USING A KNIFE AND CHOSE A GUN. >> I'D LIKE TO BRING IN OUR GUESTS HERE BECAUSE I DON'T KNOW HOW MUCH TIME WE'LL HAVE BEFORE LIVE COVERAGE. JOINING ME IS MICHAEL BAUK NER, AND OUT THERE IN MASSACHUSETTS SUZ. >> A FORMER PROSECUTOR BUT CURRENTLY ON THE RIDE SIDE OF THINGS, ON THE DENSE SIDE OF THINGS. FIRST TO YOU. EVERYBODY HAS SOMETHING TO DO WITH SOMEBODY'S STATE OF MIND. STUFT ABOUT LOOKING FOR ESCORTS, ABOUT HOW TO KILL WITH A KNIFE, ISN'T THERE A BALANCING TEST? IT'S RELEVANT IN THE SENSE THAT EVERYTHING IN THE WORLD IS RELEVANT ULTIMATELY. ISN'T IT INCREDIBLY PREJUDICE SHALL AND DOESN'T THE PREJUDICIAL EFFECT OUTWEIGH THE PROBATIVE VALUE? >> I THINK IT DOES. LETTING IN EVIDENCE ABOUT THE FACT THAT SOMEONE'S SCANNING THROUGH A COMPUTER ON HOW TO KILL WITH A KNIFE WHEN, IN FACT, THERE WAS NO EVIDENCE ANYONE HAS KILLED WITH I KNIFE IS ENKRIDABLY PREJUDICIAL. THE ARGUMENT SHOULD BE THAT IT CORROBORATES THE FACT HE MADE STATEMENTS TO THE POLICE ABOUT THE FACT THAT HE WANTED TO KILL HIMSELF WITH A KNIFE. >> OF COURSE, IT DOESN'T CORROBORATE THAT AT ALL, BECAUSE HE MADE THOSE STATEMENTS TO THE POLICE ABOUT HE WANTED TO KILL HIMSELF WITH A KNIFE AFTER HE CLAIMED HE FOUND THE BODIES, NOT DAYS BEFORE, RIGHT? IT DOESN'T CORROBORATE ANYTHING EXCEPT TO INDICATE HE FIRST PLANNED TO KILL WITH THE KNIFE, WHICH IS EXACTLY WHAT IT'S NOT ADMISSIBLE FOR, RIGHT? >> CORRECT. THE PROSECUTION HAS A BETTER ARGUMENT WITH THE OTHER CORROBORATION ONE. SGROO IT DOESN'T SOUND LIKE THEY NEEDED A BETTER ARGUMENT. IT SOUNDS LIKE THE ARGUMENT WORKED JUST FINE. THE JUDGE IS LETTING A LOT OF THIS STUFF IN DISCRETION MIGHT INDICATE GIVEN THE STRENGTH OF THE EVIDENCE AGAINST MR. ENTWISTLE, SOME OF IT SHOULD BE KEPT OUT. NONE OF THESE TYPES OF RULINGS ARE LIKELY TO RESULT IN A REVERSAL ON APPEAL, IF THERE'S A CONVICTION, ARE THEY? >> I DON'T THINK SO. RON, JUST TO CORRECT IT, IT'S ACTUALLY KAREN. >> I'M SORRY, KAREN. >> THAT'S OKAY. LET ME WEAR MY PROSECUTOR HAT FOR A MOMENT. ACTUALLY, THIS JUDGE IS VERY BALANCED, AND I THINK SHE'S DOING A VERY BALANCED JOB OF WEIGHING WHAT YOU RECOGNIZE AS WHAT MIGHT SEEM TO BE HIGHLY PREJUDICIAL VERSUS THE PROBATIVE FOR THE REASONS STATED. THIS IS CLEARLY PROBATIVE HERE. IT'S CLEARLY RELEVANT BECAUSE OF THE TIME FACTOR. NEIL IS LOOKING AT THIS INFORMATION FOUR DAYS BEFORE THE COMMONWEALTH BELIEVES RACHEL AND LILIAN WERE KILLED. IT'S CLEARLY RELEVANT AS TO WHAT HE WAS THINKING AT THE TIME. HERE'S ANOTHER THING, TOO. IF THE DEFENSE TRIES TO SAY, YOU KNOW, HE WAS SO PANICKED AND DISTRAUGHT, THAT'S WHY HE WAS GOING TO KILL HIMSELF WITH A KNIFE, AS YOU POINTED OUT, WHY WAS HE LOOKING FOUR DAYS BEFORE? THIS IS HARMFUL TO THE DEFENDANT, BUT IT'S CLEARLY RELEVANT AND PROBATIVE AND IT SHOULD COME IN. NO, I DON'T THINK THAT THIS IS REVERSIBLE ERROR. >> SPOKEN LIKE A TRUE PROSECUTOR. YOU HAD THAT PROSECUTOR'S HAT FIXED FIRMLY ON YOUR HEAD. WE HAVE TO TAKE A SHORT BREAK, BUT FIRST, A REMINDER. SEND US YOUR E-MAILS AND LET US KNOW WHAT YOU THINK ABOUT THIS CASE. E-MAIL ME DIRECTLY AT BESTDEFENSE@CNN.COM. WE'LL BE RIGHT BACK. >>> WELCOME BACK TO "THE BEST DEFENSE." COURT HAS RESUMED. A POLICE OFFICER LAWRENCE JAMES HAS TAKEN THE WITNESS STAND OF THE I KNOW HE DOESN'T LOOK LIKE A COMPUTER GEEK. IT LOOKS LIKE A POLICE OFFICER, BUTD HE'S BOTH. HE'S TESTIFYING ABOUT THE INTERNET SEARCHES. LET'S GO BACK INSIDE THE COURTROOM AND LISTEN. >> IT'S FROM ADULTFRIENDFINDER.COM. >> PAGE 6644, 6660. SIR, LOOKING AT THE TOP PAGE, DO YOU SEE RECOGNIZE THAT? >> YES, DO. >> WHAT DO YOU RECOGNIZE THAT AS? >> THESE ARE MORE INTERNET HISTORY ENTRIES THAT I RETRIEVED FROM THE COMPUTER. >> DOES IT HAVE A DATE AND TIME ON THAT TOP PAGE? >> YES. >> WHAT IS THE NUMBER OF THE TOP PAGE. >> IN THE FIRST RECORD IS 1-9-2006, 16:22 AND 21 SECONDS. >> WHAT DOCUMENT IS DOWNLOADED INTO THE COMPUTER? >> ON THE FIRST RECORD I'M UNABLE TO DETERMINE EXACTLY WHICH DOCUMENT IT IS. >> ON THE SECOND RECORD. >> THE SECOND ONE IS A JOB DETAIL HTML FILE. >> AND WHEN IS THAT? >> IT'S A -- IT'S AN HTM FILE PLACED ON THE COMPUTER FROM VISITS HOT JOBS.YAHOO! DO THE COME. >> WHO IS THE USE SNER. >> ENT. >> WHAT TIME? >> 1-9-2006. >> THANK YOU. >> PAGE 6636 AND 6643. SIR, DO YOU RECOGNIZE THAT DOCUMENT? >> YES. >> DOES IT HAVE A PAGE NUMBER THE ON THE TOP DOCUMENT? >> YES. >> WHAT IS THE PAGE NUMBER? >> 6636. >> DOES IT HAVE A TIME WHEN THAT DOCUMENT WAS STAMPED ON THE TOM LINE? >> YES. THE TOP ENTRY IS 1-92006, 16:25 AND 29 SECONDS. >> WHO WAS THE USER, SIR? >> ENT. >> WHAT IS THE DOCUMENT THAT IS DOWNLOADED INTO THE COMPUTER? INDEX BRACKET 1 BRACKET.HTM. >> AND IS THERE A DOCUMENT THERE FROM COLOR KINETICS? >> THAT'S CORRECT. >> PAGE 6635. SIR, DO YOU RECOGNIZE THE TOP DOCUMENT IN FRONT OF YOU? >> YES, I DO. >> WHAT IS THE TOP DOCUMENT? >> IT'S MORE INTERNET HISTORY RECORDS RETRIEVED FROM THE COMPUTER. >> DID IS IT HAVE A PAGE STAMP ON THE TOP DOCUMENT? >> YES, IT DOES. >> WHAT'S THE PAGE NUMBER? >> 6629. >> 6629, SIR? >> TOP DOCUMENT RIGHT HERE IS 6629 >> I APOLOGIZE. WHAT'S THE BOTTOM DOCUMENT, SIR? >> BOTTOM DOCUMENT IS 6635. >> OKAY. WITH REGARDS TO 6635, DOES IT HAVE A TIME STAMP AND A DATE STAMP ON IT? >> WHICH ENTRY? >> THE TOP ONE, SIR. >> TOP ENTRY, YES. >> WHAT'S THE TIME AND DATE STAMP? >> 1-9 OF 2006, 16:37 AND 12 SECONDS. >> AND WHO IS THE USER? >> ENT. >> AND WHAT DOCUMENTS ARE DOWNLOADED INTO THE COMPUTER AT THAT TIME? >> THE MIDDLE RECORD, THERE'S A DOCUMENT THAT'S DOWNLOADED. >> WHAT IS DOWNLOADED AT THAT TIME? >> THIS IS CAIKGG 9 DOT HHT. >> WHAT IS THAT? >> THAT'S A E-MAIL DOCUMENT RETURNED FROM A JOB SEARCH AT HOTJOBS.YAHOO!.COM. >> WHO WAS THE USER AT THAT TIME? >> ENT. >> 6604, 6627. SIR, WHAT IS THE TOP PAGE? >> PAGE NUMBER? >> YES, PLEASE. >> 6604. >> WHO IS THE USER ON THAT TOP PAGE? >> ENT. >> AND WHAT TIME IS THE TOP PAGE DOCUMENT TO THAT? >> FIRST RECORD IS 1-9 OF 2006, 16:41:31. >> WHAT IS ENTERED ON THE COMPUTER AT THAT TIME, SIR? >> THE URL? >> YES, SIR. >> IT'S A VISIT TO HTTP: M.FLASH 979780/IX 1 PIXEL.GIF. >> STLS A SEARCH FOR JOBS AT ANY OF THOSE THREE LINES? NO, NOT THAT I SEE. >> WHAT IS THE SITE INFORMANT MIDDLE VISITED? >> THE SEATTLE SITE IS MEDIA.MONSTER.COM/ADS/USER MEDIA.MONSTER.COM/ADS/USER/LMB2 40 X 25.JEFF. >> WHAT WERE THE USERS ON AT THAT ENTRY? >> ENT. THAT'S 1-9 OF 2006 AT 16:41:26. >> THAT'S 4:41 IN THE AFTERNOON? >> THAT'S CORRECT. >> WHAT'S MONSTER.COM? >> IT ALLOWS PEOPLE TO POST RESUMES AND ALLOWS EMPLOYERS TO POST JOB OPENINGS AND THEY COLLABORATE. >> 6593, 9 6602. >> WHAT'S THE TOP PAGE NUMBER? >> 6953. >> WHO IS THE USER ON THE TOP ENTRY? >> ENT. >> WHAT TIME IS THE DATE STAMP? >> 1-9 OF 2006, 16:43:09. >> ON ANY OF THE THREE ENTRIES IS THERE AN ENTRANCE INTO AN E-MAIL OUTLOOK BOX? >> NO, NOT ON THOSE THREE ENTRIES. >> LOOK AT THE BACK PAGE, THEN, SIR. >> YES. >> SIR, WHAT'S THE BACK PAGE NUMBER? >> 6602. >> AND, SIR, ON THE BACK PAGE, ON ANY OF THE THREE ENTRIES, IS THERE AN ENTRY INTO AN E-MAIL BOX? >> NO, I DON'T SEE ONE ON THIS PAGE. I APOLOGIZE. >> 6588, 6591. SIR, WITH REGARD TO THE TOP PAGE, DO YOU RECOGNIZE THAT TOP PANL? >> YES, I DO. >> WHAT'S THE TOP PAGE? >> A PRINTOUT OF INTERNET HISTORY SITES PRINTED OFF. >> WITH REGARDS TO THE TIME STAMP ON THAT TOP PAGE, IS THERE ONE? >> YES. >> AND WHAT'S THE TIME STAMP ON THAT TOP PAGE? >> 1-9-2006 AT 16:43:42. >> AND WHO IS THE USER, SIR? >> ENT. >> WHAT IS THE DOCUMENT BEING DOWNLOADED? >> THE DOCUMENT IS SEARCH.COM. >> IS THERE A GOOGLE SEARCH ON THAT PAGE, SIR? >> THAT'S CORRECT. >> WHAT'S IT FOR? >> THE GOOGLE SEARCH -- >> CAN YOU READ THAT A BIT MORE SLOWLY. THE COURT REPORTER HAS TO TAKE DOWN WHAT YOU SAID. >> YES. >> WHAT'S THE GOOGLE SEARCH FOR? >> THE GOOGLE SEARCH WAS FOR IMBEDDEDNT.COM. >> ARE YOU FAMILIAR WITH THE SITE? >> YES, I AM. >> WHAT'S THAT SITE? >> IT STANDS FOR IMBEDDED NEW TECHNOLOGIES.COM, AND IT'S A WEBSITE ASSOCIATED IN AND IS USED UNDER THE ENT ACCOUNT. >> AND, SIR, WITH REGARDS TO THE SEARCH ON THAT SITE, WHAT TIME DID THAT TAKE PLACE? >> THE SEARCH TOOK PLACE AT 1-9-2006 AT 16:43:42. >> PAGE 6525. PAGE 6549. SIR, WITH REGARDS TO THE LAST PAGE IN THAT PACT, WHAT'S THE NUMBER? >> 6549. >> AND IS THERE A TIME AND DATE STAMP ON THAT LAST PAGE, SNIR. >> YES, ON THE TOP RECORD. >> THAT'S CORRECT. >> 19 -- 1-9-2006, 16:46-14. >> WHO'S THE USER? >> ENT. >> AND WHAT IS BEING DOWNLOADED INTO THE COMPUTER, SIR? >> I DON'T SHOW A FILE BEING DOWNLOAD ODD THAT TOP ENTRY. >> WHAT'S IN THE COMPUTER SYSTEM, SIR? >> IT'S EBAY.COM. >> EBAY.COM? >> YES. >> WHAT'S 6477 AND 6482. WHAT'S THE TOP PAGE NUMBER, SIR? >> 6477. >> AND IS THERE A USER AT THAT TIME? >> YES. >> WHO'S THE USER? >> ENT. >> WITH REGARDS TO ENT, IS THERE A TIME AND DATE STAMP? >> YES. >> TOP RECORD IS 1-9 OF 2006 AT 17:11:00 SECONDS. >> WHAT'S ACCESSED IN THE COMPUTER AT THAT TIME? >> A PAY PAL ACCOUNT. >> WELL, SO FAR WE HAVE LEARNED THAT NEIL ENTWISTLE WAS LOOKING FOR AN ADULT FRIEND AND LOOKING FOR WORK. WE'LL GET BACK INSIDE THE COURTROOM IN JUST A COUPLE MINUTES. WE HAVE TO TAKE A SHORT BREAK. STICK AROUND, STAY WITH US. >>> WELCOME BACK TO "THE BEST DEFENSE." YES, OFFICER LAWRENCE JAMES IS STILL ON THE STAND, STILL NARRATING INTERNET SEARCHES IN THE SHORT TIME THAT WE WERE AT BREAK, WHAT YOU MISSED WAS NEIL ENTWISTLE ON THE 9th OF JANUARY LOOKED FOR FLIGHTS TO BOTH MANCHEST MANCHESTER, ENGLAND AS WELL AS ENGLAND GENERALLY, CHEAPFLIGHTS.COM. NOT A HUGE SURPRISE BECAUSE HE'S FROM THERE. LET'S GO BACK INSIDE THE COURTROOM AND LISTEN. THE JUDGE ASKED THE WITNESS TO SLOWLY NARRATE THE FULL URL, WHICH IS A LOT LIKE READING THE PHONE BOOK BACKWARDS REALLY SLOWLY. LET'S GO INSIDE AND LISTEN. >> WHAT'S LASTMINUTE.COM? >> IT'S A FLIGHT SEARCH WEBSITE FOR SEARCHING FOR FLIGHTS BASED ON A VARIETY OF CRITERIA. >> PAGE 6315, 6 APPROXIMATE 25. YOU'RE LOOKING AT THE TOP PAGE AT THE TOP RECORD. ON THE FIRST PAGE, WHAT IS THE PAGE NUMBER? >> 6315. >> WHAT IS THE TIME OF THE TOP RECORD? >> 1-9 OF 2006, 17:32:18. >> AND WHAT IS THE -- WHAT TYPE OF SEARCH IS IT? >> IT'S A GOOGLE.COM. >> WHO IS THE USER? >> ENT. >> GOING DOWN TO YOUR SECOND RECORD, SIR, WHAT TIME IS THAT? >> 19-2006, 17:32:17. >> WHO IS THE USER? >> ENT. >> WHAT IS BEING SEARCHED FOR THERE AND RETROOIFED? >> A WEBSITE, WWW.CHEAPFLIGHTS DOT.CO.UK. DO YOU WANT ME TO READ THE ENTIRE URL? >> NO, NAETS FINE. >> CO.UK, IS THAT SIGNIFICANT IN HOW THINGS ARE SEARCHED FOR IN CERTAIN PLACES? >> YES. >> WHAT'S THE SIGNIFICANCE OF THAT? >> THAT SITE IS GEARED TOWARDS THE UK. >> PAGES 6194 AND 6313. WHAT'S THE PAGE NUMBER ON THE TOP PAGE? >> 6194. >> AND WHAT'S THE TIME AND DATE STAMP ON THE TOP RECORD FROM THAT PAGE? >> 1-9-2006, 17:37:12. >> WHO'S THE USER? >> ENT. >> WITH REGARDS TO ENT BEING THE USER, WHAT IN THE URL IS BEING DOWNLOADED INTO THE COMPUTER? >> WWW.BRITISHAIRWAYS.COM. >> IF YOU GO TO THE SECOND RECORD ON THAT PAGE, SIR, WHAT TIME AND DATE STAMP IS THAT? >> 1-9-2006, 17:36:42. >> WHO'S THE USER, SIR? >> ENT. >> AND IS LAST MINUTE ACCESSED IN THAT RECORD, SIR? >> YES, LASTMINUTE.COM. >> 6123, 6178. WHAT'S THE PAGE NUMBER ON THE TOP PAGE? >> 6123. >> WHAT'S THE DATE AND TIME STAMP? >> THE TOP RECORD 1-9 HICHLT 2006, 17:46. >> WHO IS THE USER, SIR? >> ENT. >> WHAT'S ACCESSED IN THE TOP RECORD? >> WWW.MANCHESTERAIRPORT.CO.UK. >> PAGE 6719, 6193. WHAT IS THE TOP PAGE NUMBER, SIR? >> 6179. >> I'D ASK YOU TO GO TO THE THIRD RECORD ON THIS PAGE, SIR. IS THERE A TIME AND DATE STAMP ON THE THIRD RECORD ON THIS PAGE? >> YES. IT'S 19 -- 1-9-2006, 17:43:12. >> WHO IS THE USER? >> ENT. >> NOW, COULD YOU READ THE FULL URL SLOWLY? >> YES. HTTP://WW HTTP://WWW.BRITISHAIRWAYS.COM/ TRAVEL/FX/PUBLIC/ TRAVEL/FX/PUBLIC/EN TRAVEL/FX/PUBLIC/ENGB? ELD EQUALS 111011 AMP SAND TIME STAMP EQUALS 0109104325. >> AND WHAT IS THE PAGE TITLE ON THE LINE ABOVE THAT? >> BRITISH AIRWAYS, SELECT FLIGHTS. >> 6194, 6314. >> WHAT'S THE TOP PAGE RECORD NUMBER? >> 6194. >> GOING TO THE THIRD PAGE, WHAT'S THE DATE AND TIME STAMP? >> 1-9-2006 -- >> WAIT FOR A MOMENT. WOULD YOU SHOW THE DOCUMENTS? >> ABSOLUTELY. >>> WE'RE GOING TO TAKE A LITTLE BREAK FROM THIS TO HAVE A BROADER DISCUSSION. I'D LIKE TO GO OUT TO KAREN IN MASSACHUSETTS, A CURRENT DEFENSE LAWYER BUT ALSO A FORMER PROSECUTOR. KAREN, IS THERE SOME SORT OF BLURRING THE JURY TO DEATH RULE OF EXCLUSION? >> WELL, YOU KNOW, A CERTAIN PART OF A TRIAL IS GOING TO BE TEDIOUS, AND IT'S THE WAY THAT YOU BUILD THE FOUNDATION PIECE BY PIECE. AND, YOU KNOW, POSSIBLY JURORS CHECK OUT FOR A BIT BUT THE PROSECUTOR IS BUILDING TO SOMETHING CRUCIAL. >> YOU WOULD ASSUME. SO FAR WHAT WE'VE LEARNED IS THAT HE WENT ON ADULTFRIENDFINDERS SO PRESUMABLY HE WAS LOOKING FOR COMPANIONSHIP, WHICH IS NOT REALLY A MOTIVE FOR MURDER. HE WAS LOOKING FOR WORK, WHICH IS NOT REALLY A MOTIVE FOR MURDER UNLESS THERE'S A HUGE FINANCIAL PAYOUT, WHICH THERE WASN'T HERE BY THE DEATHS OF RACHEL AND LILIAN, AND HE WAS LOOKING POSSIBLY TO BOOK TICKETS TO ENGLAND AT SOME POINT WHERE HE COMES FROM. TELL ME AGAIN THE PROBATIVE VALUE OF THIS? >> WELL, WE'RE NOT DONE YET. YOU KNOW, A LOT OF TIMES -- NO. YOU KNOW, A TRIAL IS A PIECE AND PIECE AND PIECE, A PUZZLE HERE. SO THIS WILL PROBABLY WORK INTO THE PROSECUTOR'S OVERALL THEME. THE LOOKING FOR WORK, NOT MUCH SIGNIFICANCE. THE ADULTFRIENDFINDER, I THINK THAT'S SIGNIFICANT. THAT'S TROUBLING FOR THE DEFENDANT. THE FLIGHTS TO ENGLAND, DEFENSE COUNSEL CAN WORK WITH THIS AT THIS POINT. IT'S CHRISTMASTIME, POST-CHRISTMASTIME. MAYBE THERE'S AN EXPLANATION OF THAT. I THINK WE NEED TO SEE WHEN THE EXAMINATION IS DONE WHERE THE PROSECUTOR'S GOING. >> FAIR ENOUGH. LET'S GO TO MICHAEL, THEN. WE'LL MOVE AWAY FROM SAFE BASED PROSECUTION THAT I HAVE FAITH THIS IS GOING SOMEWHERE AND GO TO WHERE IT'S ACTUALLY WENT. OKAY. WE KNOW THAT NEIL ENTWISTLE WAS LOOKING FOR FEMALE COMPANIONSHIP OUTSIDE THE MARRIAGE. INTS INCREDIBLY UNUSUAL THAT MEN -- THEY HAVE A CHILD. THE WOMAN HAS HER FIRST CHILD AND MAY NOT BE AS INTERESTED IN SEX AS SHE ONCE WAS. HE MAY BE MORE INTERESTED IN SEX AND VISITING A PROSTITUTE. MOTIVE FOR MURDER? >> NO. HE MAY HAVE HAD HER CONSENT AS WELL. THIS COULD BE CURIOSITY SCANNING AND GOING THROUGH WITHOUT ANY INTENTION OF LOOKING FOR ACTUAL COMPANIONSHIP EITHER. IT'S RELEVANCE IS REALLY VERY SLIM IN MY MIND. THE EFFORT TO BUILD IN A SLOW FASHION SOME PREMEDITATION HERE IS WHAT THEY'RE TRYING TO DO, TO SHOW HE WAS TRYING TO LOOK FOR JOBS. HE COULDN'T FIND JOBS. PERHAPS THE BUILDING UP AND PENTING UP, I DON'T KNOW IF THE JOBS WERE LOOKED FOR IN ENGLAND. THAT MAY BE INTERESTING AS WELL. >> HE'S LOOKING FOR SEX AND JOBS, WHICH IS TRUE, I THINK, OF A HUGE PERCENTAGE OF THE AMERICAN PEOPLE. >> IN THAT ORDER. >> SOMETIMES. >> THE FACT THAT HE'S IN TOUGH FINANCIAL STRAITS DOESN'T PROVIDE MUCH OF A MOTIVE, DOES IT, IN THE ABSENCE OF SOME INSURANCE POLICY OR SOMETHING? THAT'S USUALLY WHAT YOU SEE, RIGHT? >> I AGREE. THAT'S THE ODDEST THING ABOUT THIS CASE. THIS FELLOW COULD HAVE TAKEN A FLIGHT AND LEFT FOR ENGLAND AND LEFT HIS WIFE AND CHILD. HE COULD HAVE GOT A DIVORCE AND SAID I CAN'T TAKE IT ANYMORE. THE NEED TO MURDER HIS WIFE AND CHILD IS SO OUTRAGEOUS AND SO OUTLANDISH, YOU HAVE TO WONDER WHETHER OR NOT IT OCCURRED. >> KAREN, IN FAIRNESS FOR THE PROSECUTION'S SIDE, WE ALWAYS SAY THAT ABOUT SPOUSES THAT MURDER THEIR OTHER SPOUSES. WHY DIDN'T THEY JUST GET A DIVORCE? WHY DID HE HAVE TO KILL HER? WHY DID SHE HAVE TO KILL HIM? THE ANSWER IS PEOPLE DO TERRIBLE THINGS, RIGHT? >> THAT'S RIGHT. I MEAN, YOU REMEMBER NEARLY 20 YEARS AGO THE CAROL STEWART/CHARLES STEWART MURDER HERE. THERE WAS AN ISSUE ABOUT ANOTHER WOMAN AND AN INSURANCE POLICY. THAT WAS THE THING EVERYBODY STRUGGLED WITH. ACTUALLY, THE BABY WASN'T BORN YET. WHY DO THAT? THOSE ARE THINGS WE CAN'T ANSWER. THIS JURY CAN'T ANSWER THE TRUE WHY. NOBODY CAN. THAT'S NOT THE PROSECUTOR'S JOB TO COMPLETELY ANSWER THE WHY, ONLY PUT FORTH THE EVIDENCE THAT LEADS TOWARDS THAT. >> AND REALLY QUICKLY, I KNOW THERE'S DISCUSSIONS ABOUT PLEAS, WHY IS THIS CASE -- WHY DOES THIS CASE GO TO TRIAL, ESPECIALLY SINCE FROM THE MOST PRO-DEFENSE STANDPOINT THINGS LIKE PRETTY BAD FOR NEIL ENTWISTLE. DO YOU THINK THERE WAS EVER A PLEA OFFER ON THE TABLE, OR WOULD YOU AS A FORMER PROSECUTOR HAVE MADE A PLEA OFFER IN A CASE LIKE THIS? >> NO, I WOULD NOT. AND I DON'T THINK THERE WAS ONE ON THE TABLE. FEIGN THERE WAS, I DON'T THINK THE DEATH WOULD TAKE IT. I THINK THAT THIS IS -- THIS IS THE WAY THIS HAS TO GO. IT HAS TO GO TO A TRIAL. IT HAS TO GO TO A VERDICT. I THINK ACTUALLY IF THERE'S EVER A RETRIAL, IT WILL GO TO A FULL TRIAL AGAIN. >> MICHAEL, I, OF COURSE, AM AGAINST THE DEATH PENALTY UNDER ALL CIRCUMSTANCES, BUT ONE OF THE THINGS PROPONENTS OF THE DEATH PENALTY IS SAY IS IN A DEATH PENALTY JURISDICTION WHERE HE COULD FACE DEATH FOR THIS BECAUSE IT'S A PERFECT DEATH CRIME, IF YOU BELIEVE HE'S GUILTY, PREMEDITATION, TWO INNOCENT VICTIMS, ONE OF WHICH WAS A LITTLE BABY, WITH THE DEATH PENALTY HANGING OVER HIS HEAD, HE WOULD PROBABLY BE MORE LIKELY TO TAKE A PLEA, RIGHT? >> THAT'S CORRECT. ESPECIALLY WHEN YOU'RE DOING A DEATH PENALTY CASE, YOU GET DEATH JURIES. JURORS THAT AREN'T AGAINST IT ANYWAY? >> IS THAT AN ARGUMENT IN FAVOR OF THE DEATH PENALTY OR AGAINST IT? >> IF YOU'RE AGAINST IT, YOU'RE AGAINST IT. YOU DON'T HAVE THE DEATH PENALTY TO GET PLEAS. >> FAIR ENOUGH. NOW IT'S TIME FOR A BREAK. TODAY WE WANT TO KNOW WILL ENTWISTLE'S FRIENDS TESTIMONY HELP THE PROSECUTION. 76% SAY YES AND 26% SAY NO. THIS IS "THE BEST DEFENSE." WE'LL BE RIGHT BACK. >>> RACHEL ENTWISTLE AND HER NINE-MONTH-OLD DAUGHTER WERE FOUND MURDERED IN THE HOME. DID HER HUSBAND COMMIT THE CRIME? WE'RE LIVE IN MASSACHUSETTS WHEN THE BEST DEFENSE >>> WELCOME BACK TO "THE BEST DEFENSE." WE'RE LIVE IN THAT MASSACHUSETTS COURTROOM WHERE OFFICER LAWRENCE JAMES CONTINUES TO NARRATE THE VARIOUS URL SITES THAT NEIL ENTWISTLE ALLEGEDLY VISITED UNDER THE NAME ENT. LET'S GO BACK INSIDE THE COURTROOM AND LISTEN. >> HALFPRICEESCORTS.COM. >> 654 AND 655. PAGE 654, SIR. GOING TO THE MIDDLE BOX, I BELIEVE. DID IT HAVE A TIME AND DATE STAMP? >> YES. >> WHAT'S THE TIME AND DATE STAMP? >> 1-18 OF 2006, 13:52:24. >> IS THERE A USER, SIR? >> YES. >> WHO IS THE USER? >> ENT. >> IS THERE A GOOGLE SEARCH IN THAT SITE, SIR? >> YES. >> WHAT'S THE GOOGLE SEARCH FOR? >> ESCORTINWORCESTER. >> 651 THROUGH 653. PAGE 651, SIR. THE SECOND RECORD, IS THERE A TIME AND DATE STAMP ON THAT? >> YES. >> WHAT'S THE TIME AND SDAT STAMP ON THAT? >> 1-18 OF 2006, 13:52:59. >> WHO IS THE USER, SIR? >> ENT. >> AND CAN YOU TELL WHAT'S BEING ACCESSED BY THE COMPUTER AT THAT TIME, SIR? >> YES. >> WHAT IS? >> WWW.HOTLOCALESCORTS.COM. >> 628 THROUGH 648. DOES IT HAVE A TIME AND DATE STAMP ON IT? >> TOP PAGE? >>> YES, SIR. >> YES. YES, IT DOES. >> WHAT IS THE TIME AND DATE STAMP? >> 1-18 OF 2006. 13:54 HICHLT 10. >> AND WHO ARE THE USERS, SIR? >> ENT. >> AND WHAT IS BEING DOWNLOADED INTO THE COMPUTER FROM THAT? >> AN IMAGE FILE FROM HOTLOCALESCOR HOTLOCALESCORTS.COM. >> 678 -- I'M SORRY. 587, 602. AT 587, ON PAGE 587, LOWER RECORD, WHAT IS THE TIME AND DATE STAMP? >> 1-18 OF 2006. AT 13:58:34. >> WHO IS THE USER? >> ENT. >> AND WHAT IS BEING ACCESSED IN THE URL? >> ESCORTS.NAUGHTYNIGHTLIFE.COM. >> 545. 557. >> TOM PAGE, MIDDLE RECORD, SIR. WHAT'S THE PANL NUMBER? >> 545. >> MIDDLE RECORD, WHAT WAS THE TIME ON IT? >> 1-18 OF 2006, AT 14:47:48. >> ON THAT WHO'S THE USER, SIR? >> ENT. >> WHAT'S BEING ACCESSED BY THE COMPUTER THERE, SIR? >> ADULTFRIENDFINDER.COM. >> IS THERE A LOGIN AT THAT TIME, SIR? >> YES, IT APPEARS TO BE. >> AND FROM YOUR KNOWLEDGE OF ADULTFRIENDFINDER DOLT COME, DO YOU NEED A PASSWORD TO ENTER THAT SYSTEM, SIR? >> ENTER THE WEBSITE? >> YES. >> I BELIEVE THERE'S TWO TYPES OF MEMBERSHIPS, A FREE ONE, TRIAL, AND THERE ARE PAY ONES THAT YOU WOULD REQUIRE CREDENTIALS. >> CAN WE APPROACH SIDEBAR FOR ONE BRIEF MOMENT? >> ALL RIGHT. >> OKAY. SO MICHAEL BACHNER, I'VE BEEN KEEPING TRACK HERE. WE HAVE HALFPRICEESCORTS, WHICH GIVEN HIS FINANCIAL SITUATION IS A REASONABLE SEARCH, HE IS COURTS IN WORCESTER SUGGESTING HE WAS GOING TO ENGLAND, NAUGHTYNIGHTLIFE.COM AND ADULTFRIENDFINDER.COM. CLEARLY HE MOVED FROM EMPLOYMENT ISSUES TO SEX ISSUES IN HIS SEARCHES. SO WHAT? >> I AGREE WITH YOU. FRANKLY, THE FACT HE'S SEARCHING THESE SITES, THERE'S NO PROOF OF HE ENGAGED ONE OF THESE SITES. IT'S SO REMOTE THAT IT'S SCANNING. IT'S NOT PROBATIVE OF HIM ACTING ON THESE THINGS. IN MY MIND IT'S MUCH TOO TANGENT SHALL AND NOT RELEVANT. >> KAREN, PUT ON YOUR PROSECUTOR'S HAT, SOMETHING YOU DO FAIRLY WELL. THERE ARE LOTS AND LOTS OF MEN OUT THERE WHO CHEAT ON THEIR WIVES. WE KNOW THIS FOR A FACT. THEY LOOK FOR PROSTITUTES, THEY LOOK FOR HE IS COURTS. WE EVEN HAD A GOVERNOR HERE IN NEW YORK WHO WAS ACCUSED OF SUCH ACTIVITY. IT'S A PRETTY THIN MOTIVE FOR MURDER, ISN'T IT? >> NO. LISTEN, HERE'S THE PROBLEM HERE. YOU'VE GOT TWO PROBLEMS. DON'T FORGET, I BELIEVE YOU HAVE EIGHT WOMEN ON THAT JURY. THEY PERCEIVE THIS INFORMATION A LITTLE DIFFERENT THAN YOU CHARACTERIZE IT. HERE'S THE OTHER PROBLEM. I DON'T KNOW IF MIKE WILL USE THIS AS A PROSECUTOR OR NOT. ELLIOTT'S DEFENSE IS THINGS ARE NOT WHAT SEEMS TO BE. THIS BACKFIRES ON HIM BECAUSE HE'S SAYING NEIL IS THIS LOVING, CARING, ABOVE-BOARD FATHER. WELL, I'M SORRY. THE AVERAGE ABOVE-BOARD NEW FATHER DOES NOT ACCESS THESE SITES WITH THIS FREQUENCY THIS CLOSE TO THE EVENT. THAT JURY IS GOING TO BE ASKED TO LOOK AT THE EVIDENCE AND USE THEIR COMMON SENSE. I DISAGREE. I THINK IT'S RELEVANT, AND I THINK IT SPEAKS TO HIS STATE OF MIND AS TO WHAT OCCURRED ON THE 20th. >> IT CERTAINLY SPEAKS TO THE FACT THAT HE WAS UNHAPPY WITH HIS SEX LIFE. THERE'S LOTS OF GUYS WHO ARE UNHAPPY WITH THEIR SEX LIVES WITH THEIR WIVES AFTER THE BIRTH OF THEIR FIRST CHILD. SO, I MEAN, DOES THERE COME A POINT WHERE IT'S JUST SO PREJUDICIAL? YOU MADE THE POINT PERHAPS INADVERTENTLY. WOMEN WILL SEE THIS DIFFERENTLY. THEY'RE MORE LIKELY TO THINK THE GUY IS A CREEP BECAUSE HE'S DOING THIS? RIGHT. MAYBE THEY ARE. IS THAT FAIR? HE'S NOT ON TRIAL FOR BEING A CREEP. WE AGREE THE GUY IS A CREEP. GUILTY OF CREEPDOM. >> NO, I DON'T KNOW THAT WE AGREE. HIS DEFENSE HAS BEEN THAT HE'S A GREAT GUY, THAT HE'S A LOVING GUY, THAT HE'S A WONDERFUL GUY. NOT THAT HE'S A CREEP. THIS TURNS THINGS AROUND. AGAIN, IT'S ONE MORE PIECE, IT'S ONE SEPARATE BY ITSELF, MAYBE MEANS NOTHING. TOGETHER WITH EVERYTHING ELSE, IT STARTS TO MEAN SOMETHING. >> ALL RIGHT. WELL, WE'RE GOING TO GO -- WE'LL GIVE YOU THE LAST WORD ON THAT, BECAUSE WE'RE GOING BACK INSIDE THE COURTROOM. THE SIDEBAR HAS BROKEN UP. I GUESS IT'S AN ISSUE OF HOW MUCH OF WHAT IS GOING TO COME IN AND IN WHAT WAY. LET'S GO BACK INSIDE THE COURTROOM AND LISTEN. >> THANK YOU. PAGE 401 FROM THE DOCUMENTS SUBMITTED YESTERDAY. >> YOU FIND YOURSELF LOOKING AT THE SIZE OF STACK OF PAPER BEING PUT BEFORE THE WITNESS TO TRY TO ESTIMATE HOW MUCH LONGER THIS PARTICULAR EXAMINATION IS GOING ON. >> SIR, I'VE PLACED IN FRONT OF YOU THREE DOCUMENTS. DO YOU RECOGNIZE THOSE THREE DOCUMENTS? >> YES. >> OKAY. NOW, WITH REFERENCE TO THE FIRST DOCUMENT NOW, IS THERE A TIME AND A STAMP ON THAT DOCUMENT? >> WHICH RECORD? >> THE MIDDLE RECORD, SIR. >> THE MIDDLE RECORD, YES. >> WHAT'S THE TIME AND DATE ON THAT? >> 1-18-2006. AT 15:59:48. >> WHO'S THE USER, SIR? >> THERE'S NO USER NOTED THERE. >> NOW, BELOW THAT, THOUGH, WHO IS THE USER? >> ENT. >> WITH REGARDS TO THAT, IS THERE A TIME AND DATE STAMP? >> YES. >> WHAT'S THAT? >> 1-18-2006 AT 15:59:48. >> NOW, LOOKING AT PAGE 2 AND 3 AT THIS POINT, SIR, ARE YOU FAMILIAR WITH THOSE PAGES? >> YES. >> AND WHAT DO THOSE PAGES IN YOUR TRAINING AND EXPERIENCE INDICATE? >> THIS WAS A PAGE I RECOVERED FROM THE COMPUTER THAT HAS A RETURN FROM THE YAHOO! SEARCH PORTI PORTION. IT'S SEARCHING FOR THE -- THE TOP OF THE DOCUMENT IS CUT OFF. WEST BAR, MASSACHUSETTS AND PROFESSIONAL SERVICES AND SEX ESCORT SERVICES. >> AND JUST WITH REGARD, THERE'S A NUMBER OF -- IT'S FAIR TO SAY THERE'S A NUMBER OF DIFFERENT OPPORTUNITIES FOR ESCORTS ON THAT PAGE, SIR? >> YES. >> REFERRING TO THE TOP ONE, WHAT'S THE NAME ON THE TOP CHOICE? >> BLONDE BEAUTIES ESCORT SERVICE. >> WELL, WE'RE GOING TO BREAK AWAY FOR JUST A FEW MOMENTS, BUT DON'T GO AWAY. WE'RE LIVE IN MASSACHUSETTS AS PROSECUTORS MAKE THEIR CASE AGAINST NEIL ENTWISTLE. MORE LIVE TESTIMONY WHEN "THE BEST DEFENSE" RETURNS. >>> UP NEXT ON "BEST DEFENSE," IS THIS MAN A COLD-BLOODED KILLER WHO MURDERED HIS NAME AND FLED THE COUNTRY? OR IS NEIL ENTWISTLE WRONGLY ACCUSED? A NEW HOUR OF "BEST DEFENSE" STARTS RIGHT NOW. THIS IS "BEST DEFENSE." I'M RON KUBY IN FOR JAMIE FLOYD. NEIL ENTWISTLE SAYS WHEN HE FOUND HIS WIFE AND DAUGHTER KILLED, HE PANICKED AND WENT TO THE AIRPORT AND FLUE HOME TO ENGLAND WITHOUT A WORD TO ANYONE. PROSECUTORS ARE CALLING THAT A FLIGHT FROM JUSTICE BECAUSE THEY BELIEVE HE MURDERED HIS WIFE AND DAUGHTER. THE COMMON WEALTH'S CASE IS WELL UNDER WAY. JOINING US LIVE OUTSIDE THAT MASSACHUSETTS COURTHOUSE IS BETH KARRAS. GOOD MORNING. WE'VE HEARD A LOT ABOUT NEIL ENTWISTLE'S INTERNET SEARCHES. SORT OF GIVE US THE BOTTOM LINE HERE. >> Reporter: WELL, THE JURY HAS BEEN HEARING THAT A USER BY THE NAME OF ENT, A PASSWORD PROTECTED USER THAT THE PROSECUTION BELIEVES IS NEIL ENTWISTLE USED THIS ON JANUARY 9th, 2006 AND JANUARY 18th, FWIX. ON THE 9th, HE SEEMS TO BE LOOKING FOR JOBS ON HOTJOBS.COM, ASSUMING THIS IS NEIL ENTWISTLE. ALSO, HE WAS LOOKING FOR FLIGHTS TO ENGLAND IT APPEARS. DON'T KNOW IF ANYTHING WAS PURCHASED. BUT MAYBE THE PROSECUTION WILL SAY HE INDEED WAS PLANNING THE KILLING AND BOUGHT A TICKET IN ADVANCE. WE DO NOT KNOW ABOUT ANY PURCHASE ON THE 9th. THEN ON THE 18th OF JANUARY, A LOT OF SEARCHES FOR ESCORTS. VARIOUS ESCORT SERVICE SITES. THAT'S COME IN IN PART TO REBUT THE THE DEFENSE ELICITING ON CROSS-EXAMINATION FROM MANY WITNESSES THAT THIS WAS A LOVING, ROMANTIC, WONDERFUL, DOTING COUPLE. YET HE'S LOOKING FOR ESCORT SERVICES TWO DAYS BEFORE THE MURDER OF HIS WIFE. >> ALL RIGHT, BETH, THANKS. IT SOUNDS LIKE HE WENT FROM LOOKING FOR JOBS TO LOOKING FOR SEX. LET'S HEAD BACK INTO THE COURTROOM. STILL WATCHING WITH US MICHAEL BACHNER AND KAREN CARLUCCI. STAY WITH US AS WE GO BACK IN LIVE. THEY'RE ON A SIDE BAR RIGHT NOW. THERE HAS BEEN A LOT OF BACK AND FORTH AS TO HOW MUCH OF THIS EVIDENCE COMES IN. THIS OTHER EVIDENCE WITH RESPECT TO SEARCHES. MICHAEL BACHNER, CRIMINAL DEFENSE COLLEAGUE, I THINK BETH KARRAS ACTUALLY HAS A POINT HERE, AS MUCH AS I HATE TO AGREE WITH THE PROSECUTION VIEW OF THINGS. IF YOU ARE PORTRAYING YOURSELF AS ELLIOTT WINESTEIN HAS, AS THIS LOVING, DOTING HUSBAND WHO CARED SO DEEPLY ABOUT HIS WIFE, THE FACT THAT YOU'RE LOOKING FOR SEX ON THE SIDE, IT'S SUGGESTIVE THAT YOU'RE NOT WHO YOU'RE PORTRAYING YOURSELF TO BE, RIGHT? >> WELL, IT CERTAINLY COULD BE CONTOURED STREWED TO BE SOME FAIR DEGREE OF REBUTTAL. IF MR. WINESTEIN PUT THAT INTO ISSUE KNOWING THIS OTHER EVIDENCE WAS OUT THERE, I FIND IT QUITE REMARKABLE. IF IT CAME IN REBUTTAL TO SOMETHING HE SAID, IT SHOULD HAVE BEEN A DOOR HE SHOULD NOT HAVE OPENED. BUT DOES IT HAVE SOME RELEVANCE TO REBUT THE THAT? AND THE QUESTION IS HOW MUCH SIGNIFICANCE IS IT AND IS THE PROBATIVE VALUE SMSHLLY OUTWEIGHED? AT THIS POINT,IVE STILL THINK THE VALUE IS OVERWHEPG. THESE NO PROOF HE'S ACTED ON THIS BEHAVIOR. >> NO PROOF HE'S ACTED ON IT. BUT, KAREN, I HAVE A SHORT LIST OF THE SITES. HALF PRICE ESCORTS, WHICH GIVEN HIS FINANCIAL SITUATION, I SUPPOSE MADE SENSE. HALF-PRICE ESCORTS. AS WELL AS ADULT FRIEND FINDER AND HOTBLONDES.COM. THIS IS PRIVILEGE IABLE, UNFAIRLY SO, BEFORE A PRIMARILY FEMALE JURY, NO. >> NO, IT'S NOT UNFAIRLY. IS IT PRIVILEGIAL? WELL, IT HURTS HIM. IS IT UNFAIR? NO. AND I JUST MENTIONED THE FACT THAT THERE WAS A FEMALE JURY, HALF OF IT, THAT'S WHO'S GOING TO BE DECIDING THIS CASE. THEY'RE GOING TO HAVE TO TAKE THEIR LIFE EXPERIENCES IN INTERPRETING AND ANALYZING THE EVIDENCE. IT'S NOT UNFAIR. IT'S PERTINENT TO THIS CASE. AND I THINK THE JUDGE IS CORRECT IN LETTING IT IN. >> ON A BROADER NOTE, I THINK THAT THE INTERNET HAS SO DRAMATICALLY CHANGED, NOT ONLY THE WAY WE RUN ELECTION CAMPAIGNS, BUT CERTAINLY THE WAYRY WE RUN CRIMINAL TRIALS. EVEN IF MR. ENTWISTLE HAD TAKEN HIS COMPUTERS AND DELETED ALL THIS STUFF, IT WOULD STILL BE RETRIEVABLE, RIGHT? >> I BELIEVE SO. WHICH REALLY SENDS THE MESSAGE TO BELIEVE THAT YOUR COMPUTER IS REALLY NOT PRIVATE. IT'S NOT PROTECTED. YOU CAN CLEAR THE HISTORY, BUT IT'S ALWAYS THERE. YEAH, IT'S A LITTLE FRIGHTENING TO THINK THAT WAY, BUT I BELIEVE THAT'S THE TECHNOLOGY WE HAVE. >> MICHAEL BACHNER, FOR THOSE OF US WHO ARE LAW-ABIDING CITIZENS AND DON'T INTEND TO COMMIT ANY CRIMES, BUT SOMETIMES VIEW WEBSITES THAT COULD BE LOOKED AT IN A BAD WAY BY PEOPLE WHOSE INTERESTS ARE OPPOSITE OF OUR OWN, INTEREST ADVICE FOR THEM? >> YOU CAN'T LIVE YOUR LIFE WONDERING THAT THE GOVERNMENT MAY ONE DAY COMING G AT YOUR DOOR. YOU'VE GOT TO LIVE YOUR LIFE. IF YOU'RE LOOKING AT WACKY STUFF, YOU MAY HAVE TO WORRY ABOUT IT. I DON'T KNOW ABOUT THE PEOPLE WHO LOOK AT PORN AGRAPHY, BUT IT IS IN THE MULTIBILLIONS OF DOLLARS OF BUSINESS. WE ASSUME MR. ENTWISTLE IS NOT THE ONLY ONE LOOKING AT THESE WEBSITES. >> INDEED, EVEN IF HE TOOK HIS COMPUTER AND DESTROYED IT, MANY OF THESE COMPANIES MAINTAIN RECORDS OF SEARCHES. THE SEARCHES ARE STILL RETRIEVABLE FROM THE SEARCH ENGINE, RIGHT? >> CORRECT. AND THERE ARE ACTUALLY COMPANIES OUT THERE. ALL THEY DO WITH FORMER NBA AGENT SIZE RETRIEVE INFORMATION FROM COMPUTERS THAT PEOPLE HAVE EITHER DELETED INFORMATION, THINKING IT'S GONE, OR EVEN DONE WORSE, TRIED TO DESTROY THOSE COMPUTERS BY DOCTRINING THEM AND THEY'RE OFTEN RETRIEVABLE. >> IT APPEARS THAT THE PROSECUTION IS AT THE TAIL THEIR CASE. THE HEAVIER STUFF HAS ALREADY BEEN PUT IN. LOOKING HEARD TOWARD THE DEFENSE, NEIL ENTWISTLE GOING TO GET ON THE WITNESS STAND? >> WELL, YOU KNOW, THERE IS A LOT OF EXPLAINING FOR HIM TO DO. HE'S MADE DIFFERENT STATEMENTS TO DIFFERENT PEOPLE AT DIFFERENT TIMES. THE ISSUE IS GOING TO BE WHETHER OR NOT HE CAN CLEAR THOSE THINGS. FRANKLY, THIS MAY BE ONE OF THOSE THINGS WHERE HE'S GOING TO THROW A HAIL MARY. >> WE'LL TAKE A SHORT BREAK. WHEN THEY GET BACK INSIDE. YOU'RE WATCHING "BEST DEFENSE." STAY WITH US. >>> WELCOME BACK TO "THE BEST DEFENSE." I'M RON KUBY. LAWRENCE JAMES, EXPERT OF COMPUTERS STILL ON THE WITNESS STAND. NARRATING COMPUTER SEARCHES BY NEIL ENTWISTLE. HE TESTIFIED THAT NEIL ENTWISTLE OR THE PASSWORD NAME ENT CHECKED OUT HALFPRICE ESCORTS.COM. LET'S GO BACK INSIDE THE COURTROOM AND LISTEN. >> IF YOU COULD JUST REVIEW THE TOP PAGES OF EACH RECORD. >> OKAY. >> AND FROM THE TOP PAGE OF THE FIRST RECORD, ALL RIGHT, WHAT IS THE TIME ON THAT? >> THE TOP RECORD? >> YES. TIME AND DATE. >> 1/16/2006 AT 12066. THERE IS NO USER ON THE ENTRY. >>> 1/16/2006 AT 12:06:06. >> WHO IS THE USER? >> E.N.T. >> THE LAST RECORD, TOP PAGE, WITH REGARDS TO THE LAST RECORD, TOP PAGE, WHAT IS THE TIME? >> Reporter: 1 ASIA 16, 2006, 26:06:06. >> IS IT FAIR TO SAY, SIR, THOSE RECORDS, I JUST HANDED UP, ALL ROERCHBS ADULTFRIENDFINDER OR ADULT ESCORT SERVICES? >> YEAH. THEY ALL REFERENCE THE ADULT FRIEND FINDER DOMAIN, YES. >> OKAY. 3286, 3292. 3268, 3244, 3267, 3232, 3243. I WOULD ASK YOU, IF YOU LOOK AT THE TOP PAGE OF EACH PACKET. WITH REGARD TO THE FIRST PACKET, WHAT IS THE PAGE NUMBER? >> THE TOP PAGE IS 3286. >> AND WITH REGARDS TO THE FIRST RECORD, WHO'S THE USER? >> E.N.T. >> WITH REGARDS TO THE TIME, WHAT'S THE TIME ON THAT? >> 1/16/2006 AT 12:37:23. >> SIR, THAT RECORD REFERENCES PAY PAL, FAIR TO SAY? >> THAT'S CORRECT. >> THE NEXT FOUR RECORDS IN A ROW ON THIS TOP PACKAGE -- NO, NO, I'M SORRY. THE TOP PAGES IN THE NEXT FOUR RECORDS IN A ROW. GIVE THE NUMBERS, PLEASE. >> 3268, 3244, 3232. >> THOSE RECORDS, THOSE RECORDS ALL REFERENCE JOB SEARCHES, IS THAT FAIR TO SAY? >> I CAN -- THE DOMAINS THAT ARE -- I CAN GIVE YOU THE DOMAINS ON THE PNLS. TOP ONE IS MONSTER.COM. ASSOCIATED WITH JOB SEARCHING. SECOND ONE IS MERCHANTBOSS.NET. AND THE THIRD ONE IS JOBSEARCH.MONSTER.COM. >> CAN YOU PLEASE GIVE THE PAGE NUMBERS YOU JUST REFERENCED, THE FIRST DOT-COM? >> 3268. THE SECOND IS 3244. AND THE THIRD ONE IS 3232. >> THANK YOU. 3213, 3224, 1383, 3212, 3267. 3182, 3141, 3157. IF YOU COULD LOOK AT THE TOP PAGES OF THOSE FOUR RECORDS. >> OKAY. >> HAVE YOU LOOKED THROUGH THOSE? >> YES. I HAVE. >> WHAT'S THE TOP PAGE NUMBER? >> 3213. >> WHAT IS THE TIME ON THAT? >> ON THE FIRST RECORD IS 1/16 OF 2006 AT 12:50:51. >> WHO'S THE USER? >> NO USER ON THAT RECORD. >> SECOND RECORD, WHO IS THE USER? >> E.N.T. >> WHAT TIME IS THAT RECORD. >> 1/16/2006, 12:50:28. >> SIR, REFERENCING THOSE FIVE TOP PAGE NUMBERS FOR THE COURT REPORTER? IS IT FAIR TO SAY THESE RECORDS ALL RELATE TO JOB SEARCHES? >> YES. THAT WOULD BE FAIR. >> 3087, 3089, 3063, 3082, 3060, 3062, 3055, 3049, 3048, 2964. CALLING YOUR ATTENTION TO THE TOP PAGE OF EACH OF THOSE PACKETS THERE. NOW, SIR, WITH REGARDS TO THE TOP PAGE, WHAT'S THE PAGE NUMBER. >> ON THE FIRST PACKET, 3 ZERO 87. 87 >> IS THERE A TIME ON THAT? >> ON THE TOP RECORD, YES. 1/16/2006 AT 12:56:30. >> WHO IS THE USER? >> E.N.T. >> IS THERE A GOOGLE SEARCH ON THAT PAGE? >> YES. THERE IS. >> WHAT'S THAT FOR? >> ESCORT IN WEST BOROUGH. >> WITH REGARDS TO THE OTHER PACKETS FROM THE TOP PAGES YOU REVIEWED, DO THEY ALL RELATE IN SOME WAY TO SEARCHES FOR ADULT SITES? JUST THE TOP PAGES, SIR. >>> YES, THEY DO. >> GOING TO THE TOP PAGE OF THE LAST RECORD, SIR, WHAT PAGE NUMBER IS THAT? >> 2965. >> WITH REGARDS TO 2965, IS THERE A USER ON THAT PAGE? >> TOP RECORD. >> YES. >> YES. E.N.T. >> WHAT TIME IS THAT. >> 1/16, 2006, 12:56. >> ON THE LAST PAGE, IS THERE A GOOGLE SEARCH? NO, I DON'T SEE A GOOGLE SEARCH ON THE LAST PAGE. >> WHAT IS THE RECORD ON THE TOP PAGE, THE FIRST ENTRY? >> THE FIRST ENTRY IS TO THE WEBSITE FEMALEESCORTBOSTON.COM. >> OKAY, THANK YOU. 2595. BOTTOM PAGE, TOP RECORD, SIR. >> 2602 IS THE PAGE NUMBER. >> THAT'S CORRECT. >> DATE AND TIME. >> DATE AND TIME. >> 116/2006 AT 1332 TOOIMS:30. >> IS THERE ACCESS OF PAY PAL THERE? >> YES. >> 2549. 2556. TOP RECORD, SIR. IS THERE A TIME ON THE TOP RECORD? >> TOP PAGE? >> YES. >> PAGE IS 2549. AND THE TIME IS 1/16/2006 AT 13:34:53. >> SIR, WHO IS THE USER ON THAT PAGE? >> E.N.T. >> IS THERE A GENEALOGY SEARCH ON THAT PAGE? >> THERE IS A WEBSITE VISIT, YES. ON THE TOP RECORD. >> TOP RECORD, YES. >> YES. >> WHAT'S THE WEBSITE? >> WWW.ENTWISTLEFAMILY.ORG, UK. >> DOES THAT PAGE INDICATE A JOB SITE SEARCH? I'M SORRY, I APOLOGIZE. DOES IT INDICATE A SEARCH ARE THE ENTWISTLE FAMILY GENEALOGY? IT DOES NOT SHOW ME THAT THERE'S A SEARCH GOING ON ON THE TOP PAGE. >> DOES THE COMPUTER INDICATE THAT THE ENTWISTLE FAMILY GENEALOGY WAS ENTERED? >> YES. >> 2489. 2505. SIR, IS THERE A DATE AND TIME ON THAT DOCUMENT. >> TOP DOCUMENT? 2489. YES, THERE IS. 1/16/2006 AT 13:41:56. >> SIR, WHO IS THE USER? >> E.N.T. >> WHAT IS THE COMPUTER ACCESSING THERE? >> WWW.EMC.COM. >> DO YOU KNOW WHAT E-M-C IS, SIR? >> YES. IT'S A COMPANY LOCATED IN HOPKINTON, MASSACHUSETTS. A HIGH-TECH COMPANY. >> A 2410. 2463. REFERENCING THE LAST PAGE IN THAT PACKAGE, SIR, IS THERE A TIME AND DATE STAMP ON THE LAST PAGE IN THE DOCUMENT? >> YES. >> WHAT IS -- >> PAGES 2463. ON THE TOP RECORD. >> THAT'S CORRECT. >>> YES. 1/16/2006. AT 14-:45:30. >> WHAT'S THE GOOGLE SEARCH? >>> HOB KIN TOP IN FPGA. >> DO YOU KNOW WHAT FPGA IS? >> NOT OFF THE TOP OF MY HEAD. >> YOU'RE IN THE COMPUTER FIELD AND YOU DON'T HAVE BEEN KNOW WHAT FPGA IS? >> NO. >> FAIR ENOUGH. WHAT WAS THE LAST TIME OF THAT RECORD, SIR? >> THE TIME ON THE RECORD WE JUST REFERENCED WAS 1 SHRSH 16/2006 AT 13:45:25. >> WE'LL GET YOU BACK INSIDE THAT COURTROOM IN JUST A COUPLE OF MINUTES AND MAYBE SOLVE THE MYSTERY OF WHAT FPGA STANDS FOR WHEN "THE BEST DEFENSE" RETURNS. STICK AROUND. DEFENSE." I'M RON KIBY. LAWRENCE JAMES STILL ON THE WITNESS STAND. HE'S SORT OF GOING THROUGH VERY SLOWLY THE VARIOUS WEBSITES, MOST OF WHICH RELATE EITHER TO PAY PAL, IN WHICH MR. ENTWISTLE ALLEGEDLY WAS TRYING TO COLLECT SOME MONEY, TRAVEL IN WHICH HE WAS ALLEGEDLY TRYING TO GO TO ENGLAND, JOB SEARCHES IN WHICH HE WAS ALLEGEDLY LOOKING FOR WORK, AND LOTS OF ESCORT SEARCHES WHERE HE WAS ALLEGEDLY LOOKING FOR SEX. KAREN COLUCCI -- I'M SE SORRY ABOUT CALLING YOU SUSAN. LET ME TRY THIS WITH YOU ONE MORE TIME. >> OKAY. >> IS IT FAIR TO SAY THAT IN THE USUAL MURDER CASE OF A SPOUSE, THERE IS ANOTHER WOMAN, GUY'S FALLEN IN LOVE WITH AND IS GOING TO GO WITH AND DECIDES TO DO AWAY WITH HIS WIFE. IN THIS CASE IF YOU WANT TO TAKE THE MOST SINISTER CONNOTATION, NEIL ENTWISTLE IS LOOKING FOR CASUAL, UNCOMMITTED SEX. ISN'T THAT MUCH MORE CHARACTERISTIC OF A GUY WHO WANTS TO ACTUALLY KEEP HIS MARRIAGE TOGETHER BUT JUST WANTS TO HAVE A LITTLE SOMETHING OCCASIONALLY ON THE SIDE? >> I DON'T KNOW. I SUPPOSE I'D HAVE TO ASK MY HUSBAND THAT ONE. >> I DON'T SUGGEST THAT. >> NO, I MEAN, WE'D ALWAYS LIKE TO HAVE A NICE, NEAT EXPLANATION AS TO WHY THESE THINGS HAPPEN. IT'S TOO FRIGHTENING TO THINK WE DON'T KNOW WHY. SO, NO, I DON'T THINK IT'S JUST -- YOU KNOW, A CHARACTERIZATION OF JUST A GUY WHO WANTS TO HAVE A LITTLE SEX ON THE SIDE. REMEMBER, TOO, WHEN HE'S FOUND IN FLAUND AND ARRESTED, DIDN'T HE HAVE ANOTHER ESCORT NOTE OR SOMETHING ON HIM? THAT'S JUST -- THAT ISN'T NORMAL. THAT'S NOT JUST A LITTLE SOMETHING ON THE SIDE. NO, I THINK THIS IS INDICATIVE OF SOME SORT OF STATE OF MIND THAT HE WAS IN. REMEMBER, I THINK THEY HAD TESTIFIED WHEN HE FIRST TALKED TO NEIL WHEN HE WAS BACK IN ENGLAND, HE SAID, JOE, I DON'T KNOW HOW IT GOT TO THIS APPOINTMENT. I WOULD ARGUE AS THE PROSECUTOR, SOMETHING WAS GOING ON AND IT REACHED "THIS" POINT. THAT IS THE KILLING. >> FAIR ENOUGH. MIKE BACHNER, SOMETHING IF, IN FACT, HE DID THIS, GOT HIM TO THIS POINT. BUT WAS IT ESCORTS? WHAT WE'VE SEEN, AT LEAST IN TERMS OF PUBLIC BEHAVIOR OF OFFICIALS, IT'S BEEN IN THE NEWS LATELY. GOING TO AN ESCORT SERVICE, VISITING PROSTITUTES, WHICH APPARENTLY IS SOMETHING FAR MORE COMMON THAN I WOULD HAVE IMAGINED. USUALLY BESPEAKS SOMEBODY WHO IS NOT LOOKING FOR ANOTHER COMMITTED RELATIONSHIP, WANTS TO STAY IN THE COMMITTED RELATIONSHIP THEY HAVE. BUT THEY WANT SEX ON THE SIDE, SOMETHING, YOU KNOW, TITILLATING OR EXCITING. >> THIS CASE IS REALLY MISSING A LOT OF THE MOTIVES THAT YOU SEE IN THE NORMAL CASES. NO FINANCIAL MOTIVE, NO INSURANCE POLICY. NO OTHER WOMAN OR GUY ANYONE CAN ARGUE ABOUT. YOU HAVE A PERSON, THE ARGUMENT IS, WHO IS LOOKING FOR CASUAL SEX. THIS MAY BE PROVENCIAL. WE IN NEW YORK MAY HAVE A PERSPECTIVE OF PEOPLE LOOKING FOR ESCORTS -- >> BUT OUR EX-GOVERNOR, RIGHT. >> THAN PEOPLE IN MASSACHUSETTS MAY. PEOPLE IN MASSACHUSETTS MAY PERCEIVE THIS AS A LOT MORE SINISTER AND THERE MAY BE PURITAN CAL ISSUES WE DON'T HAVE IN NEW YORK. >> SPEAKING OF SINISTER, IT STRIKES ME THAT THE SINGLE MOST POWERFUL PIECE OF EVIDENCE IN THIS CASE, THAT IS CIRCUMSTANTIAL BUT VIRTUALLY CONCLUSIVE, IS THE FACT THAT THE KILLING APPARENTLY WAS DONE WITH THE MATTERAZZO .22. AS A DEFENSE LAWYER, YOU WANT THERE FEBRUARY A UNIVERSE OF 6 BILLION PEOPLE WHO COULD HAVE COMMITTED THIS CRIME. IN TERMS OF THE NUMBER OF PEOPLE WHO KNEW ABOUT THE MATTERAZ MATTERAZZO .22, A VERY SMALL UNIVERSE, CORRECT? >> CORRECT. THE PEOPLE WHO COULD HAVE ACCESSED THIS MURDER WEAPON WERE LIMITED TO A VERY FEW UNIVERSE OF PEOPLE. MOST OF THOSE UNIVERSE OF PEOPLE ARE SPOKEN FOR. UNFORTUNATELY, THE DNA FOUND ON THE WEAPON, EVEN IF IT WEREN'T THE DNA AS WE DISCUSSED, WOULD BE HIGHLY PROBLEMATIC FOR THE DEFENSE. >> UNFORTUNATELY, FOR THE DEFENSE. BUT PERHAPS NOT UNFORTUNATELY FOR GOODSHIP SOCIETY AS A WHOLE. >> CORRECT. >> I JUST WANT TO MAKE THAT CLEAR. KAREN COLUCCI, YOU'VE BEEN ON BOTH SIDES OF THIS ISSUE, PROSECUTION AND DEFENSE. THE PROSECUTION WINDING DOWN. I HAVE TO SAY THE CASE, SO FAR, LOOKS PRETTY STRONG AGAINST NEIL ENTWISTLE. DO YOU PUT THE GUY ON THE STAND? >> YOU CAN'T. HE CAN'T. YOU KNOW, THE JURY WANTS TO HEAR FROM HIM. THEY WANT TO HEAR HIS SIDE. THEY MIGHT WANT TO FIND A REASON TO BELIEVE HIM. HE CAN'T TAKE THE STAND. AND THERE'S JUST -- WHAT HE HAS BEEN -- YOU KNOW, THE EVIDENCE, I THINK IT'S STILL TO COME AS TO WHAT HE TOLD THEM. THERE ARE FAR TOO MANY INCONSISTENCIES. HE CANNOT EXPLAIN WHAT HE DID. AND I THINK HE WOULD JUST GET INTO TROUBLE. HE CAN'T TAKE THE STAND. >> WE'RE GOING TO GO BACK LIVE INSIDE THAT COURTHOUSE. ACTUALLY, THEY'RE TAKING A SHORT BREAK RIGHT NOW. WHICH GIVES US A CHANCE TO TALK YET A LITTLE MORE. MY FEELING, MICHAEL BACHNER, IS THAT IF THE DEFENSE COUNSEL HAS COME TO THE POSITION WHERE YOU SIT DOWN WITH YOUR CLIENT AND YOU SAY, YOU'RE COOKED. AND THE ONLY CHANCE YOU HAVE IS TO GET UP THERE AND CONVINCE AT LEAST ONE JUROR. LOOK HER OR HIM, BUT PROBABLY HER, IN THE EYE AND CONVINCE HIM THAT YOU LOVED YOUR FAMILY AND YOU DIDN'T DO THIS. EVEN WITH ALL OF THE INCONSISTENT STATEMENTS, YOU'VE GOT TO DO IT. >> YOU KNOW, I KIND OF AGREE WITH YOU. I ALMOST NEVER -- I DON'T THINK I'VE EVER PUT A DEFENDANT ON THE STAND OR MAYBE RARELY. THIS MAY BE ONE OF THE CASES WHERE YOU DON'T, THERE HAS SOMEBODY SOME EXPLANATION. THE PROBLEM IS WHEN THE DEFENDANT TAKES THE STAND, ALL OF THOSE OTHER POTENTIAL ERRORS THAT MAY HAVE COME DURING THE COURSE OF THE TRIAL, LETTING IN ALL THIS OTHER STUFF, THE ESCORT INFORMATION, FOR EXAMPLE, MAY BECOME HARMLESS ERROR. AN APPEALS COURT -- YOU'RE FIGHTING FOR PERHAPS SOME ERROR OCCURRED THAT YOU MIGHT GET A REVERSAL ON, WHICH YOU NEVER TRY A CASE FOR REVERSAL. I UNDERSTAND THAT. BUT IT IS THE KIND OF CASE WHERE ENTWISTLE COMES ACROSS AS THE KIND OF GUY THAT COULD PERSUADE A GUY. YOU NEVER KNOW. >> WE'LL GO BACK INSIDE THE COURTROOM. I DO HAVE TO SAY AS AN APPELLATE LAWYER, THIS HAS BEEN A PRETTY CLEAN TRY. >> WHAT IS BEING ACCESSED? >> THE TOP RECORD IS A PORTION OF I EEE. ACTUALLY THE FULL DOMAI DOMAIN --@BUREAU.NET NOVEMBER. >> WHAT'S IEEE? >> IT'S A STANDARDS ORGANIZATION. >> THE SECOND RECORD? BELOW IT. THE SECOND PACKET BELOW IT. >> YES. SECOND PACKAGE. >> WHAT'S THE DATE AND TIME? >> TOP PAGE? 4:46. TOP RECORD, 1/17/2006. 12:35:39. >> WHO IS THE USER? >> CONTRACT. >> WHAT'S BEING ACCESS THREAD BY THE COMPUTER? IT'S MYIEEEMEMBERSHIP.IEEE.ORG. >> SIR, DO YOU KNOW WHAT THAT REFERS TO? >> THE FULL DOMAIN. >> YES. >> IT -- NO, I DON'T EXACTLY KNOW WHAT THAT IS. >> FAIR ENOUGH. >> 1251. 1289. SIR, LOOKING AT THE LAST PAGE OF THAT DOCUMENT, DOES IT HAVE A TIME AND DATE STAMP ON IT? >> PAGE 1289 IN THE TOP RECORD? >> THAT'S CORRECT. >> YES. IT DOES. IT'S 1/17/2006. AT 14:50:24. >> WHO IS THE USER? >> THERE IS NO USER ASSOCIATED WITH IT. >> WHO IS THE USER ON THE RECORD RIGHT UNDERNEATH IT. >> THE USER IS E.N.T. >> THAT TOP RECORD, WHAT'S BEING DONE IN THAT TOP RECORD. >> A SEARCH IS -- THAT'S THE SEARCH RETURN RESULTS THAT WERE PERFORMED ON AN EARLIER SEARCH FOR AMERICAN SEMICONDUCTOR. >> OKAY. ARE THERE ANY GOOGLE SEARCHES ON THAT PAGE? >> THAT RECORD I JUST REFERENCED IS THE ONLY ONE FROM GOOGLE RIGHT THERE. THAT'S THE SEARCH RETURNED. SO -- >> 10098. 11 111114 MIDDLE RECORD, SIR. >> TOP PAGE? >> THAT'S CORRECT. >> WE LEFT YOU WITH A MYSTERY. WHAT WAS HOPKINTON FPGA? >> I THOUGHT IT STOOD FOR FREE PARTY GIRL ACTION GIVEN WHAT HE WAS ACCESSING. BUT WE HAVE NOT AN UNIRM PEACHABLE SOURCE THAT SAYS IT STANDS FOR FIELD PROGRAMMABLE GATE ARRAY, WHICH IS A SEMICONDUCTOR DEVICE CONTAINING PROGRAMMABLE LOGIC COMPONENTS AND PROGRAMMABLE INTERCONNECTS. GLAD WE CLEARED THAT UP. MUCH MORE INFORMATION AND A LOOK AT WHAT SOME OF YOU MAY HAVE BEEN SAYING. LISA IN NEW HAMPSHIRE WRITES, YOU CANNOT DENY THE EVIDENCE AS A WHOLE. THE DNA SUPPORTS ALL THE OTHER EVIDENCE IN THE CASE WHICH ALL POINTS TO NEIL ENTWISTLE. ELLA SAYS, HOW IS THIS AN AIR TIGHT CASE? IT SEEMS TO ME THAT IF NEIL ENTWISTLE'S IMPERFECT BEHAVIOR WAS TAKEN OUT OF THE MIX, THERE WOULD BE VERY LITTLE EXACT EVIDENCE. WE WILL BE RIGHT BACK. THE PHONE CALL FROM THE POLICE. THAT THEY WERE LOOKING TO PICK HIM UP IN LONDON. AND IVE SUGGESTED THAT HE COULD ACCOMPANY ME BACK DOWN TO THE PAVEMENT OUTSIDE THE TUBE STATION WHERE THE POLICE HAD REQUESTED THAT I MEET THEM. >> WHEN YOU TOLD HIM THAT, WHAT DID THE DEFENDANT SAY? >> DEFENDANT SAID -- NEIL SAID THAT HE DIDN'T WANT TO TALK TO THE POLICE HERE. THAT HE'D RATHER RETURN HOME. AND HE ASKED WHETHER THERE WAS SOME OTHER WAY OF GETTING OFF THE PLATFORM. >> WELCOME BACK TO THE "THE BEST DEFENSE." THAT WAS DASCHUL, A FRIEND OF NEIL ENTWISTLE'S. WE'RE GOING TO TAKE THE OPPORTUNITY TO AIR SOME NEVER PREVIOUSLY AIRED FOOTAGE OF THE CROSS-EXAMINATION OF DASCHUL. LET'S GO INSIDE AND LISTEN TO WHAT TRANSPIRED YESTERDAY. >> GOOD AFTERNOON. THIS WAS WHAT DAY OF THE WEEK THAT YOU LAST SAW NEIL? >> I LAST SAW NEIL ON THURSDAY. >> AND WHAT TIME DID YOU LAST SEE HIM? >> I CAN'T REMEMBER SPECIFICALLY. BUT IT WOULD HAVE BEEN PERHAPS 9:00, SOMETHING LIKE THAT. >> IN THE MORNING? >> IN THE MORNING. >> AND EARLIER THAT SAME DAY, YOU WERE RELATING TO US ALL ABOUT A TELEPHONE CONVERSATION THAT NEIL HAD WITH HIS FATHER? >> YES. >> THAT CALL CAME INTO YOUR APARTMENT ON ONE OF THE PHONES THAT WAS THERE. >> NO. THAT CAME TO MY -- SORRY, THE PHONE CALL BETWEEN NEIL AND HIS FATHER WAS ON NEIL'S CELL PHONE, I BELIEVE. >> NELL WAS IN YOUR PLACE WHEN THAT PHONE CALL CAME IN. >> HE WAS. >> HE RELATED TO US ALL RIGHT, SIR RELATED TO US WHAT THE SUFFERINGS WAS ABOUT? >> YES. >> NEIL'S FATHER CALLED SAYING THAT THE LAW ENFORCEMENT, THE POLICE WERE ASKING NEIL TO COME BACK HOME? >> THAT'S WHAT HE SAID. >> BECAUSE THERE WAS SOME CONVERSATION ABOUT ARRESTING NEIL -- YES. >> YES. >> BUT THE ARREST WAS GOING TO TAKE PLACE BACK WHERE NEIL'S FAMILY WAS? >> THAT WAS MY UNDERSTANDING. >> THAT WAS THE REQUEST THAT YOU UNDERSTOOD WAS THE SUBJECT MATTER OF THIS CONVERSATION ON THE PHONE BETWEEN NEIL AND HIS DAD? >> YES. >> WHEN YOU LAST, WHEN I SAY YOU, YOU AND NEIL LEFT YOUR PLACE IN THE MORNING, THE PURPOSE WAS FOR NEIL TO GET BACK UP TO WORKSOP SO HE COULD SEE HIS FAMILY. >> YES. >> SO THAT THE ARREST, WHICH WAS VERY LEAR TO YOU, WOULD TAKE PLACE AFTER NEIL HAD THAT OPPORTUNITY TO BE WITH HIS FAMILY ONE MORE TIME? >> THAT'S WHAT I UNDERSTOOD. >> AND THAT DIDN'T HAPPEN? >> NO, SIR. >> IT DIDN'T HAPPEN BECAUSE YOU GOT A CALL AFTER THIS, BETWEEN NEIL AND HIS DAD, IN WHICH HE SAID -- HE'S ONE OF -- >> HE'S A MEMBER OF THE METROPOLITAN POLICE. >> METROPOLITAN -- >> IN LONDON. >> MR. FLOOD CALLED YOU AND SAID, GET AHOLD OF NEIL. WE WANT TO ARREST HIM HERE? >> THAT'S CORRECT. >> BUT NEIL WANTED TO GO BACK HOME FIRST. >> YES. >> SO YOU LEFT NEIL AT THE TUBE? >> THAT'S CORRECT. YOU COULDN'T FIGURE IT OUT. SO YOU JUST LEFT HIM THERE. IT WAS HIS CHOICE OF WHAT TO DO. >> IT WAS. I WAS -- I WAS IN NO WAY IN TERMS OF COERCION TO DO ANYTHING. >> YOU WEREN'T GOING TO GET IN THE MIDDLE OF SOMETHING BETWEEN THE LONDON POLICE AND NEIL? >> EXACTLY. >> OR THE WORKSAW POLICE AND THE LONDON PLACE? WERE YOU? >> NO. . >> AND EVERYTHING THAT NEIL COMMUNICATED TO YOU THAT MORNING, WAS THAT HE KNEW THE POLICE WERE COMING TO ARREST HIM OR BRING HIM BACK TO THE UNITED STATES? >> YES. >> AND THAT HE WANTED TO GO HOME FIRST? >> WELL, WE'RE GOING TO BREAK AWAY FROM THAT. COURT RIGHT NOW IS IN SIDE BAR. JUST BEFORE THEY BROKE FROM SIDE BAR, THERE WAS FAIRLY DAMNING TESTIMONY ABOUT AN INTERNET SEARCH ALLEGEDLY CONDUCTED BY NEIL ENTWISTLE. LET'S GO INSIDE AND LISTEN. >> SIR, BOTTOM RECORD, 839. WHAT TIME IS IT? >> 1 SLAEN/2006. AT 16:17:58. >> WHAT'S HE SEARCHING FOR? WHAT'S E.N.T. SEARCHING FOR AT THAT TIME, SIR? >> HE'S PURCHASING A GOOGLE SEARCH FOR KNIFE IN NECK KILL. >> OKAY. THAT'S REALLY BAD. KAREN COLUCCI, WE CAN QUIBBLE ABOUT WHETHER NAUGHTY PARTY GIRLS IS PROBATIVE OF ANYTHING. KNIFE IN NECK, KILL, JUST DAYS BEFORE THE KILLING, BAD, RIGHT? REALLY BAD? >> IT'S REALLY BAD. I MEAN, IT'S REALLY BAD. IT GOES TO, YOU KNOW, WHY WOULD YOU LOOK THAT SITE UP? WHY? I GUESS THE ONLY THING DEFENSE COUNSEL CAN DO IS SHOW WE DON'T KNOW THAT IT WAS HIM WHO LOOKED UP THE IS THE, E.N.T. BUT IF THE JURY ACCEPTS THAT IT'S HIM LOOKING UP THE SITE WITHIN THREE DAYS, THAT'S BAD. >> MICHAEL BACHNER, MAYBE YOU KNEW THIS WAS COMING. MAYBE YOU DIDN'T. E.N.T. IS THE NAME THAT THEY HAVE LINKED FAIRLY CLOSELY TO NEIL ENTWISTLE, HIS SITE AND THE NAME HE USED, KNIFE IN NECK, KILL. COUNSELLOR? >> PLEAD GUILTY QUICKLY. >> NO, IT'S TOO LATE FOR THAT. >> PROBABLY WHAT I WOULD WANT TO SEE WAS HOW LONG WAS HE IN THAT SITE. WAS IT SOMETHING HE EVER OPENED OR SCANNED THROUGH? WHAT SEARCHES DID HE DO RIGHT BEFORE, RIGHT AFTER? WAS IT POSSIBLE THIS WAS AN ERRONEOUS TYPE OF SEARCH? DID IT COME UP ACCIDENTALLY? >> WAIT, WAIT, ERRONEOUS TYPE OF SEARCH IS YOU HIT DISNEY WORLD AND YOU HIT DISNEY WORD. WHAT SITE WERE YOU LOOKING FOR ERRONEOUSLY THAT GOT YOU KNIFE IN NECK KILL? >> COULD HAVE GONE LOOK FOR KNIGHT, KNIGHT. I HAVE NO IDEA. >> IT'S AN EXTREMELY PREJUDICIAL PIECE OF EVIDENCE. BUT NOT UNFAIRLY. >> WHEN YOU HAVE THE WORD KILL IN A MURDER CASE, THAT'S USUALLY RELEVANT. >> AGAIN, KAREN, I SUPPOSE THIS GOES TO THE WHOLE QUESTION, NUMBER ONE, I SUPPOSE, THE JURY IS SBOITTLEED TO INFER THAT NEIL ENTWISTLE, IF THEY HAVE THINK HE DID THIS AT ALL, DID SO -- WAS PLANNING ON DOING SO WITH A KNIFE. IT ALSO GOES TO HIS CONVERSATIONS ABOUT WANTING TO KILL HIMSELF WITH A KNIFE, ALTHOUGH THIS IS PARTICULARLY BAD BECAUSE IT TOOK PLACE BEFORE THE KILLING OF RACHEL AND LILLIAN. >> RIGHT. EITHER WAY, IT'S GOING TO PORTRAY HIM AS COLD-BLOODED. YOU KNOW, IT'S SHOWING A MORE -- LIKE I SAY, A COLD-BLOODED SIDE TO HIM THAT THE DEFENSE REALLY DOESN'T WANT TO COME OUT. THAT'S WHAT IT'S STARTING TO SPEAK TO. >> MICHAEL BACHNER, THAT WAS ONE OF THE GREAT STRENGTHS THAT THE DEFENSE WAS ABLE TO ELICIT THROUGH CROSS-EXAMINE OF VOERS WITNESSES. LOVING HUSBAND, KIND MAN, SHY, RESERVED. YOU DON'T WANT TO INFER TOO MUCH INTO THIS BUT THERE IS SOMETHING THERE, IS THERE NOT? >> THEY'RE PORTRAYING A JERKLE AND HIDE SITUATION, THAT NOBODY KNEW THIS MAN. >> WE'LL GO BACK INTO THE COURTROOM. THE SIDE BAR HAS BROKEN UP. >> YES OR NO QUESTION. DID THE USER E.N.T. SELECT SOMETHING FROM THE GOOGLE SEARCH? >> YES. >> 829. SIR, ON 829, DO YOU RECOGNIZE THAT DOCUMENT? >> YES. >> WHAT IS THAT DOCUMENT. >> THE DOCUMENT CONTAINS INTERNET HISTORY RECORDS OF VISITS TO GOOGLE.COM AND SEARCHES FOR THREE KEY WORDS. >> ALL RIGHT, NOW, SIR, WHAT TIME WOULD THAT HAVE BEEN DONE? >> WHICH RECORDS. >> I BELIEVE IT'S THE MIDDLE ONE, SIR. >> 1/17/2006 AT 16:20:06. >> SIR, STAT, AT THAT TIME, WHO WOULD THE USER? >> E.N.T.? >> WHAT WAS THE SEARCH FOR. >> QUICK SUICIDE METHOD. >> I'M GOING TO ASK YOU TWO QUESTIONS, YES OR NO. AS A RESULT OF THAT SEARCH, WAS THERE A GOOGLE RETURN PAGE? >> YES. >> AS A RESULT THAT HAVE GOGGLE RETURN PAGE, YES OR NO, WAS THERE A SELECTION MADE? >> YES. >> WITH THAT, THE "THE BEST DEFENSE" HAS TO REST FOR THE DAY. NOW IT'S TIME TO CHECK IN WITH ASHLEIGH BANFIELD FOR A LOOK AT WHAT'S COMING UP ON NEXT. ASHLEY, I HAVE TO TELL YOU, KNIFE AND NECK KILL, QUICK SUICIDE METHOD, NOT GOOD FOR THE DEFENSE. >> AND YOU'RE THE DEFENSE LAWYER. I WAS LOOKING FOR YOU TO HELP ME GET THROUGH THIS. I'M DESPERATE FOR SOMETHING. I'M TRYING SO HARD TO BE OBJECTIVE IN THIS. I AM DESPERATE TO GIVE THIS GUY A BENEFIT OF A DOUBT EVERY SINGLE DAY. EVERY SINGLE DAY -- LET ME CHANGE THAT. EVERY SINGLE FIVE MINUTES, I'M STRUGGLING. I'M STRUGGLING WITH STUFF ESPECIALLY 11 DAYS BEFOREHAND, TICKETS TO THE UK AND HAVE IS THE ESCORT SEARCHES, IT'S THE MURDER/SUICIDE. I CAN'T IMAGINE WHAT KIND OF A DEFENSE THIS GUY CAN RAISE BUT IT'S COMING. >> IT'S COMING BUT SO IS CHRISTMAS. THANK YOU. WE'LL SEE YOU AND JACK IN JUST A FEW MINUTES. A BIG THANKS TO MICHAEL BACHNER AND KAREN COLUCCI FOR JOINING US TODAY. I HOPE TO SEE YOU BOTH AGAIN SOON. I'M RON KUBY. I'M BE BACK TOMORROW FILLING IN FOR JAMI. I'M BACK ON THE ROAD. THE SHOW "DOING TIME WITH RON KUBY" ON AIR AMERICA. FROM 3: TO 6:00 EASTERN TIME. THANKS FOR WATCHING. |