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>>> TODAY ON "THE BEST DEFENSE" DID A NEW MOTHER KILL HERSELF AND HER INFANT DAUGHTER, OR IS HER HUSBAND THEIR KILLER? PLUS, O.J. SIMPSON BACK IN LEGAL HOT WATER BUT WILL HE GO TO TRIAL ALONE? THE BEST DEFENSE NOW. THIS IS "THE BEST DEFENSE." I'M RON KUBY IN FOR JAMI FLOYD TODAY. WE WILL UPDATE YOU ON THE VERY LATEST ON THE O.J. SIMPSON LEGAL SAGA LATER, BUT RIGHT NOW WE ARE FOCUSING ON MASSACHUSETTS AND THE MURDER TRIAL OF NEIL ENTWISTLE. HE'S CHARGED WITH THE MURDERS OF HIS WIFE AND NINE MONTH OLD DAUGHTER. ENTWISTLE CLAIMS HE RETURNED HOME TO FIND THE PAIR ALREADY DEAD. CORRESPONDENT BETH KARAS JOINS US WITH THE VERY LATEST. GOOD MORNING TO YOU. IT SEEMED LIKE GOOD SHIP PROSECUTION WAS SAILING MERRILY ALONG YESTERDAY UNTIL THE SUICIDE THEORY WAS SURFACED IN THE CROSS-EXAMINATION. TELL US A LITTLE BIT ABOUT THAT. >> Reporter: WELL, THIS IS THE FIRST TIME, RON, THAT THE DEFENSE HAS REVEALED THEIR STRATEGY, WHICH IS TO SUGGEST THAT RACHEL ENTWISTLE MURDERED HER BABY, AND THEN TURNED THE GUN ON HERSELF. IN SUPPORT OF THAT THEORY, THEY ARE RELYING ON GUNSHOT RESIDUE FOUND ON THE FRONTS AND BACKS OF BOTH OF HER HANDS IN THE MASTER BEDROOM. AND THEY USED A TREATISE ON GUNSHOT WOUNDS AND PULLED STATISTICS OUT OF IT ABOUT HAND GUNS BEING -- SMALL HAND GUN BEING THE WEAPON OF CHOICE WHEN A GUN IS BEING USED IN SUICIDES AND THE HIGH PERCENTAGE OF WOMEN WHO DO COMMIT SUICIDE USING A HAND GUN, FOR EXAMPLE. I DON'T HAVE THE FIGURES IN MY HEAD. YOU KNOW, THIS DOCTOR DIDN'T EVEN KNOW THAT THERE WAS GUNSHOT RESIDUE ON THE HANDS UNTIL YESTERDAY, HE CLAIMS. HE HAD NO IDEA AND HE HAD TO CONCEDE THAT IT IS A FACTOR TO BE CONSIDERED IN DETERMINING MANNER OF DEATH. HE DID NOT, HOWEVER, OPINE TO MANNER OF DEATH. MANNER OF DEATH IS ACCIDENT, HOMICIDE OR SUICIDE AND IS SOMETHING FOR THE JURY TO DECIDE. >> WELL, IF I WERE THE PROSECUTOR IN THIS CASE, I WOULD TRY TO EXPLAIN THE FORENSIC FACT OF HOW IT WAS RACHEL ENTWISTLE GOT THAT GUNSHOT RESIDUE ON THE FRONT AND BACK OF HER HAND. THE REST OF IT JUST SEEMS LIKE A BUNCH OF STATISTICAL POSSIBILITY, YES, IT COULD HAVE BEEN SUICIDE, FORENSICALLY IT'S POSSIBLE. BUT THE GUNSHOT RESIDUE STRIKES ME A PROBLEMATIC. >> WELL, MICHAEL FABRY FOR THE PROSECUTION DID DEAL WITH THAT EVEN BEFORE THE MEDICAL EXAMINER TESTIFIED. THE JURORS KNEW SHE HAD A COUPLE PARTICLES, I DON'T WANT TO SAY COUPLE BUT IT WASN'T AN OVERWHELMING AMOUNT OF GUNSHOT RESIDUE AND THAT CAME INTO A FORENSIC SCIENTIST, WHO SAID THE PRESENT SIMPLY MEANS THOSE HANDS WERE IN THE PRESENCE OF A GUN WHEN IT WAS FIRED. DOES NOT MEAN THE PERSON FIRED OR HANDLED THE GUN, BUT THE PERSON WAS IN THE PRESENCE WHEN THE GUN WAS FIRED. KEEP IN MIND THAT ONE OF HER HANDS, HER RIGHT ARM, RACHEL ENTWISTLE'S RIGHT ARM IS AROUND THE BABY WHO IS HUGGED TO HER ABDOMEN AND THE BABY'S SHOT IN THE CHEST. THAT COULD EXPLAIN GUNSHOT RESIDUE AT LEAST ON THE BACK SIDE OF HER HAND, AND HER OTHER ARM IS UP UNDER HER HEAD, HER LEFT ARM, AND SHE IS SHOT IN THE HEAD. SO THERE IS AN EXPLANATION GIVEN WHERE THE SHOTS WERE FIRED, HOW GUNSHOT RESIDUE COULD HAVE LANDED, RESTED ON HER HANDS. >> THANKS, BETH. WE'LL SEE YOU AGAIN JUST A LITTLE BIT LATER IN THE SHOW. WATCHING THE TRIAL WITH US TODAY IN NEW YORK, CRIMINAL DEFENSE ATTORNEY AND FORMER PROSECUTOR, SIMA AYER AND PETER ELLICAN. WHILE COURT IS IN RECESS, I WILL TAKE THIS OPPORTUNITY TO ASK A FEW QUESTIONS. LET'S GO WITH THE SUICIDE THEORY FOR A MOMENT DESPITE THE UTTER ABSENCE OF ANY EVIDENCE THIS WOMAN WAS SUICIDAL, LET ALONE WANTING TO KILL HER OWN BABY. WHO KNOWS, PEOPLE DO CRAZY THINGS. WHAT HAPPENED TO THE GUN? AND PERHAPS MORE SIGNIFICANTLY, HOW DID THE GUN GET THERE IN THE FIRST PLACE, BECAUSE THERE WAS NONE OF HER DNA ON THE HANDLE OF THE GUN. >> THE DEFENSE IS GOING TO HAVE TO COME UP WITH SOME KIND OF EXPLANATION AND PERHAPS TRY TO CORRELATE MR. ENTWISTLE'S ACTIONS, DOES HE TAKE THE GUN BACK TO THE PARENTS' HOUSE AND THEY ARE GOING TO HAVE TO EXPLAIN WHY HE WOULD DO SUCH A THING. MAYBE HE'S TRYING TO PROTECT THE CHILD, PROTECT THE WIFE, BUT -- >> OKAY, I GOT YOU. I GOT YOU. I'M WITH YOU SO FAR. PETER, NEIL ENTWISTLE COMES HOME, HE SEES HIS WIFE AND BABY DAUGHTER DEAD, HIS FIRST IMPULSE IS TO RETURN THE MURDER WEAPON TO THE HOME OF HIS DEAD WIFE'S FATHER-IN-LAW. A LITTLE WEIRD, BUT MAYBE HE HAD SOME SORT OF TOTAL NERVOUS BREAKDOWN. IT WOULD ALSO -- GO AHEAD. >> WE WOULD HAVE TO BUY INTO THE IDEA THEN THAT HE FOR SOME REASON DECIDED TO UPHOLD THEIR HONOR, DIGNITY, TRIED TO BRING IT BACK TO THE HOUSE TO COVER UP AND NOW HAS SPENT THE LAST TWO YEARS SITTING THERE IN PRISON KIND OF STILL UPHOLDING WHATEVER HER HONOR AND DIGNITY, OR PERHAPS THERE'S A THEORY IT WAS SOME KIND OF SUICIDE PACT AND HE WENT AHEAD WITH IT. IT'S SO CONFUSING, I DON'T THINK WE CAN SEE WHERE THIS IS GOING. I WOULD BE CURIOUS TO SEE HOW THE DEFENSE WILL DEVELOP THIS THEORY. RIGHT NOW IT DOESN'T MAKE ANY SENSE WITH THE GUN BACK THERE, NO MENTION OF IT EVER BEFORE, SO WE ARE ALL, OUR HEADS ARE ALL SPINNING. WE GOT TO REMEMBER, HEY, BRING UP REASONABLE DOUBT. CONFUSE THE JURY AND MAYBE THERE'S ONE JUROR OUT THERE WHO WILL THINK HASN'T BEEN PROVED BEYOND A REASONABLE DOUBT. FINALLY, I JUST WANT TO SAY MAYBE WE CAN SEE SOME OF THE DEVELOPMENT OF THIS CASE THE LAST WEEK OR TWO, WE HAVE BEEN KIND OF SAYING MAYBE SHE WASN'T AS HAPPY AS WE THOUGHT, THAT MAYBE SHE HAD ARGUMENTS, TRIED TO BORROW MONEY FROM HER PARENTS, ETC., MAYBE POST-PARTUM DEPRESSION. >> MAYBE ANYTHING. MAYBE COLONEL MUSTARD IN THE KITCHEN WITH THE CANDLESTICK. LET'S GO BACK INSIDE THE COURTROOM. TROOPER MANNING ON THE STAND WILL BE PLAYING CDs OF HIS CONVERSATION WITH NEIL ENTWISTLE. >> THE TRANSCRIPTS ARE NOT EVIDENCE IN THE CASE AND YOU WILL NOT HAVE THEM IN THE JURY ROOM DURING YOUR DELIBERATIONS. YOU MAY USE THEM WHILE LISTENING TO THE TAPE IN THE COURTROOM TO THE EXTENT THAT THEY ASSIST YOU IN UNDERSTANDING WHAT IS SAID ON THE TAPE, BUT IT IS WHAT IS SAID ON THE TAPE THAT IS EVIDENCE. THE TRANSCRIPT IS NOT EVIDENCE. TO THE EXTENT THAT THERE ARE INCONSISTENCIES BETWEEN WHAT YOU SEE, SHOULD YOU ELECT TO USE THE TRANSCRIPTS, AND IT'S UP TO YOU WHETHER OR NOT TO USE THE TRANSCRIPT. TO THE EXTENT THERE'S AN INCONSISTENCY, WHAT YOU HEAR SAID ON THE TAPE CONTROLS, AND YOU SHOULD COMPLETELY DISREGARD THE TRANSCRIPT. THE OTHER INSTRUCTION I WISH TO GIVE YOU IS THAT THERE ARE TWO PARTIES TO THE CONVERSATION ON THE TAPE RECORDING. ONE IS A POLICE OFFICER, THE WITNESS ON THE STAND, WHO IS SERGEANT MANNING. SERGEANT? >> YES, YOUR HONOR. >> NOTHING THAT SERGEANT MANNING SAYS ON THAT TAPE IS EVIDENCE IN THE CASE. HIS STATEMENTS ON THE TAPE ARE LIKE THE QUESTIONS OF LAWYERS IN THE COURTROOM. THEY ARE NOT EVIDENCE. THEY MAY BE CONSIDERED ONLY TO THE EXTENT THAT THEY GIVE CONTEXT OR MEANING TO THE STATEMENTS MADE BY THE SECOND PERSON ON THE TAPE. SO WITH THOSE INSTRUCTIONS, THE TAPE MAY BE PLAYED. >> WE'RE GOING TO TAKE A VERY QUICK BREAK BEFORE THE TAPE GETS PLAYED. AS WE DO SO, GET TO YOUR COMPUTERS AND SEND US YOUR COMMENTS OR QUESTIONS ABOUT THE NEIL ENTWISTLE CASE. >>> WELCOME BACK TO "THE BEST DEFENSE." I'M RON KUBY. THEY HAD A COUPLE AUDIO GLITCHES IN THE COURTROOM. THEY HAVE JUST STARTED PLAYING THE TAPE BETWEEN TROOPER MANNING AND NEIL ENTWISTLE. LET'S GO INSIDE THE COURTROOM AND IN THE COURTROOM WITH MORE OF NEIL ENTWISTLE'S TAPE RECORDED STATEMENT TO SERGEANT MANNING IN JUST A MOMENT. YOU WILL KNOW THAT SERGEANT MANNING DOING VERY LITTLE TALKING, JUST LETTING NEIL ENTWISTLE HOLD FORTH AND HANG HIMSELF WITH HIS OWN WORDS. WE'LL BE RIGHT BACK. >>> WELCOME BACK TO "THE BEST DEFENSE." I'M RON KUBY. WE'VE BEEN LISTENING TO A TAPE THAT WAS MADE BETWEEN SERGEANT MANNING OF THE HOPKINTON POLICE DEPARTMENT AND NEIL ENTWISTLE WHEN NEIL ENTWISTLE WAS IN ENGLAND. IN THE SHORT TIME WE TOOK A BREAK, THE ONLY PORTION YOU MISSED IS NEIL ENTWISTLE EXPLAINING THAT HE LEFT THE HOUSE VERY BRIEFLY, BOTH LILLIAN AND RACHEL WERE ALIVE AND FINE, AND HE WENT OUT TO DO SOME SHOPPING AT A STAPLES, RUN A COUPLE OTHER ERRANDS. LET'S CONTINUE TO LISTEN. >> ALL I CAN THINK OF, >> WELL, WHILE HE CONTINUES TO NARRATE HIS MINUTE BY MINUTE FUNCTIONS, IT GIVES US AN OPPORTUNITY TO TALK TO OUR GUESTS. PETER, THIS IS VERY GOOD POLICE WORK ON THE PART OF SERGEANT MANNING, IS IT NOT, TAKING HIM EXTREMELY METHODICALLY THROUGH EVERYTHING IN THE HOPES AND EXPECTATIONS THAT THERE WILL BE OTHER INCONSISTENT STATEMENTS OR THE FORENSIC AND OTHER EVIDENCE WILL BE INCONSISTENT WITH HIS EXPLANATION? >> RIGHT. THE POLICE OFFICER IS DOING IT JUST THE WAY THEY DO IT. HE'S NOT ANGRILY CROSS-EXAMINING HIM, ARE YOU TELLING THE TRUTH. NOT HOSTILE AT ALL. JUST VERY SYMPATHETIC, GIVING HIS CONDOLENCES, THEN KIND OF HAS A FEW QUESTIONS HE WANTS TO ASK. SO HE'S VERY POLITELY DOING THIS. MEANWHILE, WHAT'S HAPPENING, OF COURSE, IS THAT ENTWISTLE IS JUST, IN A VERY CALM, HELPFUL MANNER, HE IS GIVING HIM DETAIL AFTER DETAIL AFTER DETAIL, WHICH IS GOING TO ULTIMATELY CATCH HIM IN ALL KINDS OF INCONSISTENCIES. THE BEST THING ENTWISTLE COULD HAVE DONE IS NOT TO SAY A WORD FOR HIS OWN BENEFIT. INSTEAD, HE'S KIND OF JUST POURING OUT INFORMATION AFTER INFORMATION, WHICH ULTIMATELY IS GOING TO REALLY WORK AGAINST HIM. >> SEEMA, WE ASK THIS QUESTION OVER AND OVER AGAIN. IF YOU'RE UNHAPPY IN YOUR MARRIAGE, WHY DON'T YOU JUST LEAVE, GET A DIVORCE. WHY DO YOU HAVE TO KILL YOUR WIFE OR WHY DO YOU HAVE TO CHOP YOUR HUSBAND UP INTO MULTIPLE PIECES AND PUT HIM IN MATCHING KENNETH COLE LUGGAGE AND DROP HIM IN THE BAY. ASSUMING NEIL ENTWISTLE'S GUILT HERE, WHAT HAPPENED? >> WELL, I THINK THAT HE'S REALLY FIGHTING AN UPHILL BATTLE. YOU CAUGHT ME OFF GUARD BECAUSE I THOUGHT I WAS TALKING ABOUT THE LAW, NOW I HAVE TO TALK ABOUT MARRIAGE, WHICH I'M REALLY NOT AN EXPERT ON. >> THE PSYCHOLOGY. >> BEHIND THIS, I THINK HE WAS UNHAPPY IN THE MARRIAGE AND YOU KNOW, WE HAVE EVIDENCE THAT'S GOING TO COME OUT THAT HE WAS ON THE WEBSITE, SWINGERS.COM, AMERICANCHICKS.COM, WHATEVER HE'S LOOKING FOR. I THINK NOW IS A TIME TO BRING OUT THAT THAT MAY HAVE BEEN A BETTER PLAN B THAN PLAN B WITH THE WIFE, HAVING KILLED HERSELF. BECAUSE THAT'S JUST NOT GOING TO WORK. THAT'S JUST REALLY LOSING CREDIBILITY WITH THE JURY. IT'S JUST NOT GOING TO HAPPEN. THIS GUY, TALKING TO THE COP, THE COP'S DOING A GREAT JOB BECAUSE THE COP IS JUST BUTTERING HIM UP AND KEEPING HIM VERY SMOOTH AND THE ANSWERS ARE COMING OUT, BUT NEIL SHOULD NOT BE SPEAKING TO THE COP. HE SHOULD HAVE HAD A LAWYER OR DONE SOMETHING TO PROTECT HIMSELF A LITTLE BIT BECAUSE NOW, NOT ONLY IS THE POLICE OFFICER LOOKING FOR INCONSISTENCIES, I THINK HE'S LOOKING FOR A BIG REVEAL. HE'S LOOKING FOR SOME KIND OF INFORMATION THAT HE CAN USE AGAINST HIM. >> WELL, MY PARTICULAR THEORY FOR WHAT IT'S WORTH IS THAT NEIL ENTWISTLE HAD CONSTRUCTED THIS ENTIRE IDENTITY FOR HIMSELF AS A SUCCESSFUL INTERNET BUSINESSMAN, AN ENTREPRENEUR, HE RENTED A BMW, HE WAS GOING TO BE A BIG SHOT, AND IT ALL FELL APART FOR HIM, BECAUSE THERE WAS NO SUBSTANCE BEHIND IT. WHEN IT ALL FELL APART FOR HIM, HE COMPLETELY FELL APART, TOO. THAT'S MY THEORY. TIME FOR A BREAK AND A LOOK AT OUR 13th JUROR QUESTION. DID THE MEDICAL EXAMINER'S TESTIMONY HELP THE PROSECUTION? SO FAR, 82% OF YOU ARE SAYING YES. 18% OF YOU ARE VOTING NO. >>> A MURDER MYSTERY IN MASSACHUSETTS. A MOTHER AND DAUGHTER SHOT TO DEATH. DID THE HUSBAND PULL THE TRIGGER? >>> WELCOME BACK TO "THE BEST DEFENSE." TROOPER MANNING ON THE WITNESS STAND, ALTHOUGH HE'S NOT SAYING ANYTHING. WHAT'S BEING SAID AND WHAT'S BEING PLAYED IS THE TAPE THAT HE MADE WITH NEIL ENTWISTLE WHEN NEIL ENTWISTLE WAS IN ENGLAND. THEY ARE VERY METICULOUSLY AGAIN HAVING NEIL ENTWISTLE NARRATE HIS MOMENT BY MOMENT DOINGS ON THE DAY THAT HIS WIFE AND DAUGHTER WERE KILLED. LET'S GO BACK INSIDE THE COURTROOM AND LISTEN. >> BY THE TIME I FED HER, FAR, AND IF YOU PUT ASIDE A LOT OF THE OTHER EVIDENCE LIKE THE EARLIER GOOGLE SEARCH, KNIFE IN NECK KILL, PUT ALL THAT STUFF ASIDE, THIS IS NOT A GREAT STORY HE'S TELLING, BUT IT'S NOT AN INHERENTLY IMPLAUSIBLE ONE, EITHER, IF YOU ACCEPT THE FACT YOU SEE YOUR WIFE AND BABY DEAD, IT'S THE MOST TRAUMATIC THING THAT COULD HAPPEN TO ANYBODY, YOU BASICALLY HAVE SOME SORT OF PSYCHOTIC BREAK. >> TRUE. ACTUALLY, THE ONLY EVIDENCE AGAINST HIM IS ALL OF HIS ACTIONS, ALL OF HIS ACTIONS AFTER THE CRIME. EVERY SINGLE STEP, HIS CONSCIOUSNESS OF GUILT, THE FLEEING, ALL OF THAT IS EVIDENCE AGAINST HIM. I'M WONDERING IF THE DEFENSE HAD HIM INTERVIEWED BY A FORENSIC PSYCHIATRIST TO SHOW THOSE ACTIONS ARE CONSISTENT WITH THE GRIEF-STRICKEN TRAUMATIZED HUSBAND. >> THERE'S A LITTLE BIT OF PRE-CRIME EVIDENCE IN THE FORM OF GOOGLE SEARCHES, KNIFE IN NECK KILL, PAINLESS SUICIDE, THINGS LIKE THAT. >> WELL, THEY WOULD HAVE TO PLAN B SOMEONE, GET SOMEONE THAT CAME IN THERE AND DID THOSE SEARCHES ON HIS COMPUTER. REACHING FOR STRAWS HERE. >> PETER, THE TAPE WE'RE LISTENING TO NOW IS EXACTLY THE REASON WHY NEIL ENTWISTLE IS NOT GOING TO TAKE THE WITNESS STAND, RIGHT? >> RIGHT. BECAUSE IT'S SORT OF NOT JUST THE TAPE HERE BUT CALLING UP HIS FATHER-IN-LAW, SPEAKING TO HIS FRIENDS. HE HAS SO MANY DIFFERENT STORIES HERE THAT IT'S VERY HARD, IF HE HAS TO TESTIFY, THEY ARE REALLY GOING TO BE ABLE TO ASK HIM ABOUT ALL THE DIFFERENT INCONSISTENCIES AND THINGS HE SAID WITH HIS STORIES. SO REALLY, THIS IS SORT OF THE CLASSIC ADVICE, YOU KNOW, DEFENSE LAWYERS ALWAYS GIVE TO POTENTIAL CLIENTS, DON'T TALK TO THE POLICE, DON'T SPEAK, BECAUSE OF EXACTLY WHAT HAPPENED HERE. HE'S LOCKED INTO SO MANY VARIOUS DIFFERENT STORIES THAT IT REALLY, HE REALLY DID HIMSELF IN BY TALKING. >> AND INDEED, TO THE EXTENT THAT THIS FULL TAPE IS PLAYED, THE FULL NARRATIVE IS GIVEN, HE'S TOLD HIS STORY AND THE JURY CAN BELIEVE IT OR NOT BELIEVE IT IN LIGHT OF THE OTHER EVIDENCE, BUT IT'S JUST NOT GOING TO GET ANY BETTER FOR HIM. WE ARE GOING TO TAKE A BREAK. THE BEST DEFENSE >>> UP NEXT ON "THE BEST DEFENSE" DID A NEW MOTHER KILL HERSELF AND HER INFANT DAUGHTER? O.J. SIMPSON BACK IN HOT WATER. WILL HE GO TO TRIAL ALL ALONE? A NEW HOUR OF "THE BEST DEFENSE" STARTS RIGHT NOW. >>> THIS IS "BEST DEFENSE." WE ARE GOING TO TAKE YOU TO LAS VEGAS FOR A PREVIEW OF OF TODAY'S HEARING IN THE O.J. SIMPSON ROBBERY CASE LATER ON IN THE HOUR. RIGHT NOW WE ARE LIVE IN MASSACHUSETTS WITH A CASE MOST PEOPLE WOULD FIND UNTHINKABLE. 9-MONTH-OLD BABY GIRL SHOT TO DEATH BY HER PARENT. NEIL ENTWISTLE IS CHARGED WITH THAT CRIME AND THE MURDER OF HIS WIFE. THE DEFENSE IS INTIMATING MAYBE THE MOTHER KILLED THE CHILD AND TURNED THE GUN ON HERSELF. BETH KARAS JOINS US LIVE FROM THE MASSACHUSETTS COURTHOUSE. WE'VE BEEN LISTENING TO A VERY LONG AUDIOTAPE BETWEEN SERGEANT MANNING AND NEIL ENTWISTLE WHICH HE JUST FINISHED EXPLAINING HE WENT TO THE MATARAZZO HOUSE AFTER HE FOUND HIS WIFE AND BABY GIRL DEAD IN ORDER TO GET THE MATARAZZO GUN TO KILL HIMSELF. HOW PLAUSIBLE IS THAT? S. >> WELL WE HEARD THAT THROUGHOUT THIS CASE. THAT WAS ONE EXPLANATION HE GAVE FOR GOES TO THE HOME. HE DID TELL ONE OF HIS FRIENDS IN ENGLAND ONCE HE WAS THERE THAT THE REASON HE WENT TO THE MATARAZZO HOME BECAUSE HE KNEW THERE WERE GUNS IN THE HOME AND WANTED TO MAKE SURE THOSE GUNS WERE SECURED AND NOTHING WAS MISSING. HE NEVER ADMITTED TO GETTING INSIDE THE HOUSE. WHAT SERGEANT MANNING IS HAVING HIM TELL THE STORY. NOW HE IS GOING BACK OVER IT ASKING QUESTIONS. WHY WHEN YOU FOUND THEM DIDN'T YOU CALL 911? NEIL ENTWISTLE IS VERY SMOOTH GIVING THE RECITATION OF THAT DAY. HE HADN'T BEEN CHALLENGED ON THESE THINGS. HE HEMS, HE STUMBLES AND SAYS HE REALLY DOESN'T KNOW WHY. SERGEANT MANNING IS NOW HAVING HIM EXPLAIN SOMETHINGS THAT JUST DON'T SIT RIGHT WITH THE POLICE. >> RIGHT. YOU WENT TO THE MATARAZZA HELP FIRST LOOKING FOR HELP, THEN MAKING SURE THE GUNS WERE SECURE THEN LOOKING FOR A GUN TO KILL YOURSELF AS IF JOE MATARAZZO WERE HOME YOU WOULD INFORM HIM YOUR FAMILY IS DEAD AND CAN I BORROW A GUN TO KILL MYSELF? I HAVE TO ASK BOTH OF TO YOU STAND BY AS WE GO BACK LIVE TO THE CONTINUED PLAYING OF THE TAPE BETWEEN TROOPER MACHINING AND NEIL ENTWISTLE. >> THOSE LITTLE DROPOUTS YOU HEAR ARE THE WAY WITH IT WAS RECORDED. WE'LL BRING YOU MUCH MORE FROM THE MASSACHUSETTS COURTROOM AFTER A BREAK AND LOOK AT WHAT SOME OF YOU HAVE BEEN SAYING ABOUT THIS CASE. DEBBIE IN OREGON WRITES, "ARE YOU KIDDING ME? NO ONE IN THAT COURTROOM COULD POSSIBLY BELIEVE RACHEL SHOT HER BABY DAUGHTER AND HERSELF." ANNIE FROM COLORADO SAYS "NEIL ENTWISTLE'S BEST DEFENSE WOULD BE TO DO WHAT DARREN MACK DID, PLEASE GUILTY AND QUIT WASTING THE TAXPAYERS' MONEY. LIKE YOU SAID, RON, HE'S COOKED. I THINK I QUALIFIED IT. >>> WELCOME BACK TO "THE BEST DEFENSE." NEIL ENTWISTLE DETAILING TO TROOPER MANNING HIS ACCOUNTS OF WHAT TRANSPIRED JANUARY 20TH. THIS CONVERSATION TOOK PLACE THREE DAYS LATER ON JANUARY 23RD. NEIL ENTWISTLE BEGINNING TO EXPLAIN AFTER A WHILE DRIVING BACK AND FORTH, FILLING UP HIS CAR, NOT CALLING ANYBODY, NO 911, JUST FELT THE URGE TO BE WITH SOMEBODY. >> NO. WENT TO THE CAR. >> AT THE AIRPORT. WHERE DO YOU FLY INTO, LONDON? >> HEATHROW. ENTWISTLE GIVE THI NARRATION? >> IT'S ONE OF THE FIRST TIMES HE HEARD HIS VOICE. HE COMES ON POLITE, WELL-MANNERED, COOL, TRYING TO BE HELPFUL. BUT I THINK IT'S REALLY -- I'M NOT SURE WHAT THE GUT REACTION IS. WHAT THEY ARE DOING IN THEIR MINDS IS WEIGHING HIS STORY AGAINST THE EVIDENCE THEY ALREADY KNOW AND SO MANY THINGS THAT CONTACT DICTATE WHAT HE'S SAYING. I THINK THAT'S WHERE HE DOES HIMSELF IN AT THIS POINT. OTHER THAN THAT, AND IF YOU THOUGHT HE WAS GUILTY YOU WOULD BE FURIOUS AT HIM FOR SPINNING THIS WEB OF LIES. >> WHICH IS UNDOUBTEDLY WHY THE PROSECUTION DECIDED TO WAIT TO PLAY THIS TAPE TO THE CLOSE OF THEIR CASE TO FIRST INTRODUCE ALL THE DIFFERENT AND WILDLY INCONSISTENT STATEMENTS. >> SURE. IF I'M A JUROR FIRST THING I'M THINKING IS THIS GUY IS AN EVIL WANKER. EVERY ANSWER WAS "I DON'T KNOW." HE'S WAY TOO CALM. IT'S HORRIFYING HE LEFT HIS WIFE AND HIS CHILD -- IF HE DIDN'T DO THIS, IT'S INCONCEIVABLE HE LEFT HIS WIFE AND CHILD IN A BED IN A SEA OF BLOOD, PUT A COVER OVER THEM AND WENT TO LOGAN AIRPORT. >> I WANT YOU TO POSIT THE WORST THING IN THE WORLD HAPPENED TO YOU. YOU ARE NOT THINKING RATIONALLY. YOU GO HOME TO YOUR FAMILY. NOW THIS IS THREE DAYS LATER. YOU HAD TIME TO THINK ABOUT IT. HE IS DISCUSSING ALL THIS AS IF HE'S TALKING ABOUT A COCKTAIL PARTY THAT OCCURRED. >> EXACTLY. HIS ACTIONS ARE NOT CONSISTENT WITH THE MOST HORRIFYING THING HAPPENED. HE'S DRIVING AROUND, PARKING, GETTING GAS. HE'S NOT OUT OF HIS MIND. IN THREE DAYS YOU ARE GOING TO GET OVER THE GREATEST LOSS OF ANY HUMAN BEINGS'S LIFE. IT'S AN EPIDEMIC THESE HUSBANDS KILLING THEIR WIVES AND KIDS. >> I DON'T KNOW EPIDEMIC QUALITY AND LET'S NOT PRONOUNCE HIM GUILTY JUST YET. REMEMBER THE DEFENSE CASE, IF THERE IS ONE, HAS NOT EVEN STARTED. AS WE TAKE A QUICK BREAK, PROSECUTION IS WRAPPING UP THIS CASE IN CHIEF AGAINST NEIL ENTWISTLE. IF THE DEFENSE PRESENTS A A CASE, THE QUESTION IS WILL NEIL ENTWISTLE TAKE THE WITNESS STAND. SHOULD A DEFENDANT TESTIFY IN HIS OR HER OWN MURDER TRIAL? WE SPENT OUR BEST DEFENSE CREW OUT TO GET THE WORD ON THE STREET. >> I THINK PROBABLY NOT ACTUALLY. I THINK MOST PEOPLE WOULD BE EASILY BACKED INTO A CORNER AND INCRIMINATE THEMSELVES EASILY IN RESPONSE TO THE PROSECUTOR. >> I THINK THE JURY COULD LEARN A LOT ABOUT HIS DEFENSE FROM HIM DIRECTLY. >> DEFENSE FOUND THE EVIDENCE, SHOULD ONLY TAKE THE STAND IF IT WILL HELP HIM. >> THEY MIGHT BE INNOCENT. >> IF THEY THINK THEY COULD GAIN SOMETHING BEING ON THE STAND, TELL THEIR OWN STORY, THE JURY BECOMES SYMPATHETIC TO THEIR CASE, THERE COULD BE SOMETHING TO BE GAINED. IF THERE IS ANY GRAY AREA WHATSOEVER I WOULD ADVISE AGAINST IT. >>> WELCOME BACK TO "BEST DEFENSE." I'M RON KUBY. THE TAPE BETWEEN TROOPER MANNING AND NEIL ENTWISTLE STILL BEING LISTENED TO IN COURT. HE SAYS I BELIEVE WHAT YOU ARE OBVIOUSLY VERY DIFFICULT OVER THE PHONE. BUT I HAVE A SITUATION HERE. >> HE DID MANAGE TO GET HIS SNIFFLING DENIAL OF COMPLICITY IN THAT CONVERSATION. PETER, LAST QUESTION TO YOU. THIS WOULD HAVE BEEN A LOT EASIER FROM A LAW ENFORCEMENT STANDPOINT IF MR. ENTWISTLE COULD HAVE BEEN TAKEN INTO THE POLICE STATION, MIRANDAIZED, A COUPLE OF COFFEE. >> I DISAGREE WITH YOU. THERE IS ALMOST LIKE A DISTANCE HERE. HE DID LULL INTO A FALSE SENSE OF COMPLACENCY. HE WAS TALKING LIKE HE BASS HIS BUDDY. THIS WAS FIRST-RATE POLICE WORK. I'M IN AWE OF THIS POLICING WHERE HE TAKES HIM IN HIS CONFIDENCE. STARTS WITH THE CONDOLENCES, GETS TONS OF INFORMATION. MAYBE IT'S EASIER TO DO IT OVER THE PHONE THAN IF HE WAS SITTING THERE FACE-TO-FACE. IT'S INTERESTING HOW IT'S SUCH A PLEASANT CONVERSATION, THEN AT THE END WHEN THE POLICE OFFICER GOT ABOUT ALL HE COULD GET AT THAT POINT IT TURNS TOUGHER. HE TELLS ENTWISTLE HE CAN'T GET HIS HEAD AROUND HOW HE COULD NOT CALL 911. HE STARTS TO SUGGEST MAYBE YOU DID IT. AND MAYBE THERE IS SOMETHING YOU HAVEN'T TOLD US. ENTWISTLE MUST HAVE REALIZED HE WAS INTO THIS FALSE SENSE OF COMPLACENCY. IT WAS VERY GOOD POLICE WORK. >> IT WAS GOOD POLICE WORK. ALMOST ANY INTERROGATOR WOULD RATHER HAVE THE PERSON OF INTEREST IN THE ROOM WITH HIM UNDER THE CIRCUMSTANCES. THANK YOU FOR PETER ELLIKAN. POOR O.J. SIMPSON'S WOES. NOW HE IS ACCUSED OF ARMED ROBBERY AND KIDNAPPING. HIS CO-DEFENDANTS DON'T WANT TO STAND TRIAL WITH HIM. >>> O.J. SIMPSON TOOK A GAMBLE AND LOST. WILL HIS CO-DEFENDANTS GET THEIR OWN TRIAL? >>> A HEARING TAKES PLACE TODAY IN LAS VEGAS CONCERNING THE O.J. SIMPSON ARMED ROBBERY CASE. THEY ARE ACCUSED OF SEIZING MEMORABILIA ITEMS LAST YEAR FROM TWO MEN IN THE LAS VEGAS HOTEL ROOM. THEY FACE LIFE IN PRISON WITH THE POSSIBILITY OF PAROLE. TODAY THE COURT WILL ADDRESS THE ATTEMPTS BY CO-DEFENDANTS TO BE JOINED SEPARATELY. JOINING US LIVE FROM LAS VEGAS COURT IS IN SESSION CORRESPONDENT JEAN CAESAR. THERE WAS A TIME EVERYBODY WOULD HAVE WANTED TO BE NEXT TO O.J. SIMPSON. >> THAT IS AN INTERESTING POINT. IN THIS CASE I CAN TELL YOU THAT THE CO-DEFENDANTS DO NOT WANT TO BE PART OF THE SAME TRIAL AS O.J. SIMPSON. THERE ARE CONCERNS THERE WILL BE A SPILLOVER EFFECT. OPINIONS OR PREJUDICES INSIDE, JURORS WILL STILL OVERT. THE CO-DEFENDANTS BELIEVE THEY ARE GOING TO BE SEVERELY PREJUDICED IF THEIR TRIALS ARE NOT SEPARATE. >> YOU SAY WHAT DO YOU KNOW ABOUT CLARENCE STEWART? ABSOLUTELY NOTHING. YOU SAY O.J. SIMPSON AND THE PERSON LIGHTS UP. THEY ARE VERY PINTED ON O.J. SIMPSON FOR GOOD OR BAD, BUT MOSTLY BAD. C.J. WILL BE A PART OF THAT CASE WHEN THEY DECIDE O.J.'S FATE, THAT SAME ACCEPT PERMENT, SEAS SAME FEELINGS ARE GOING TO CARRY OVER WITH C.J.'S CASE. C.J. MAY BE COMPLETELY INNOCENT. IF THEY ARE SO FOUNDED ON ANY FEELING OF BIAS AND PREJUDICE THAT WILL NEGATIVELY AFFECT MY CLIENT. >> THIS IS A RENEWED MOTION THEY SAY BASED ON NEWLY DISCOVERED EVIDENCE. THEY SAY IT'S THE ENHANCED AUDIOTAPE WHICH HAS BEEN ENHANCED BY THE FBI. THEY SAY THEIR CLIENT, YOU DON'T HEAR THEM ON THE TAPE. FURTHER MORE, THOMAS RICCIO CAME OUT WITH A BOOK. HE TALKS ABOUT HE AND O.J. AND ALL THE DISCUSSIONS THEY HAD. THEY SAY THEIR CLIENT IS NOT INVOLVED IN ANY OF THIS. I WANT TO TELL YOU, THIS IS INTERESTING, THEY SAY IF THE MOTION IS NOT GRANTED TODAY, NO ONE BELIEVES IT WILL BE. WITHIN TWO WEEKS THERE WILL BE A RIPPED FILE ON THIS VERY ISSUE. >> YOU CAN WRIT AWAY, BUT AS A GENERAL RULE WHEN ALL THREE PEOPLE ARE CAPTURED TOGETHER IN CLOSE PROXIMITY, THE FACT THAT ONE OF THE PEOPLE IS VERY NOTORIOUS, SAY JOHN GOTTI, USUALLY NOT GROUNDS FOR SEVERANCE. >> THAT'S RIGHT. THIS IS A CONSPIRACY CASE. I CAN TELL YOU THERE HAS NEVER BEEN A SEVERANCE WHEN YOU HAVE A CONSPIRACY CASE. THIS IS O.J. SIMPSON AND DIFFERENT, POSSIBLY, BUT THE ODDS ARE, THERE WILL NOT BE A SEVERANCE. >> THERE IS ALSO SOME DISAGREEMENT OVER THE QUESTIONS THE JURORS, POTENTIAL JURORS ARE GOING TO BE ASKED. FLESH THAT OUT FOR US, IF YOU WOULD. >> THAT'S RIGHT. THERE WILL BE A BIG JURY QUESTION HERE. THAT IS HOW JURY SELECTION WILL GET STARTED. SO MANY IN THE POTENTIAL JURY POOL WILL START TO FILL OUT HOW THE ANSWER IS TO THIS IMMENSE QUESTIONNAIRE. NOT ALL THE PARTIES ARE ON THE SAME LINE. LET'S LOOK AT SOME OF THE CONTESTED JURY QUESTIONS. FIRST OF ALL, DO YOU BELIEVE IF A PERSON IS PRESENT WHEN OTHERS COMMIT A CRIME THAT HE OR SHE IS ALSO GUILTY OF COMMITTING A CRIME? THE PROSECUTION IS SAYING THAT WILL BE PART OF JURY INSTRUCTIONS. HAS NO PART TO BE IN A QUESTIONNAIRE BECAUSE IT HAS TO DO WITH ACCOMPLICE LIABILITY. DO YOU HAVE ANY NEGATIVE OPINIONS AGAINST CO-DEFENDANT CLARENCE STEWART OR CHARLES EHRICH BECAUSE THEY WOULD BE AT TRIAL WITH DEFENDANT O.J. SIMPSON. PROSECUTION SAYS THIS IS PART OF THE DEFENSE AND THIS IS PART OF JURY INSTRUCTIONS, NO PLACE IN A JURY QUESTIONNAIRE. NEXT, DO YOU BELIEVE DEFENDANT SIMPSON HAS BEEN A LAW ABIDING CITIZEN FOR THE LAST TEN YEARS? THE DEFENSE IS SAYING THAT IS IRRELEVANT. ANOTHER QUESTION THAT IS VERY INTERESTING, THAT HE HAS A RIGHT TO EARN A LIVING AND HE HAS A RIGHT TO EARN THAT LIVING FOR HIS FAMILY. THE PROSECUTION IS SAYING THAT IS NOT APPLICABLE. OF COURSE THE DEFENSE IS TRYING TO SHOW JURORS THAT MAY HAVE PREJUDICES AGAINST O.J. SIMPSON BECAUSE OF THAT CIVIL CASE BACK IN CALIFORNIA. >> THERE IS ALSO A CONTROVERSY OVER WHETHER OR NOT A DEPOSITION OF AN ALLEGED MISSING WITNESS WILL BE TAKEN? >> THAT IS ANOTHER THING THAT WILL BE ISSUED THAT WILL BE ARGUED TODAY. FBI SPECIAL AGENT KEN MAHR WAS RESPONSIBLE FOR THE TAPE RECORDERS OF THOMAS RICCIO AND MICHAEL McCLINTON. HE HAD CUSTODY OF THEM. HE WAS ALSO RESPONSIBLE FOR ENHANCING THE AUDIOTAPES FROM THOSE REPORTERS. HE'S GOING TO BE ON A CRUISE. THE PROS KULGS SAYS DURING THE TRIAL HE WILL NOT BE AVAILABLE. WE WOULD LIKE TO DEPOSE HIM. DEFENSE IS SAYING NOT SO FAST. THIS TRIAL IS GOING ON FOR A WHILE. HE CAN TAKE HIS CRUISE AND STILL COME INTO COURT BECAUSE WE WANT TO CONFRONT HIM PERSONALLY ON CROSS-EXAMINATION IN FRONT OF THE JURY. >> THE CONTROVERSY CONTINUES OVER WHETHER OR NOT O.J. SIMPSON KNEW THERE WAS A GUN. THAT'S A CRUCIAL ISSUE IN THE CASE. >> THAT WILL CONTINUE. YOU BETTER BELIEVE IT. THERE IS AN EXHIBIT IN THE RENEWED MOTION FOR SEVERANCE THAT CAUGHT MY ATTENTION. WE WANT TO SHOW YOU PARTIALS OF THIS TRANSCRIPT. IT'S BECAUSE IT WAS ENHANCED WE NOW SEE THE AUDIO. IT HAS TO DO WITH A MEETING BETWEEN MICHAEL McCLINTON AND O.J. SIMPSON AFTER IT ALL HAPPENED LATER THIS NIGHT SEPTEMBER 13th. LET ME SET THIS UP. IT LOOKS LIKE McCLINTON IS NERVOUS. O.J. SIMPSON TRYING TO CALM HIM DOWN. LOOK AT THIS. >> THAT WAS THE TRANSCRIPT RIGHT THERE. >> THANK YOU VERY MUCH, JEAN. THE PIECE IN THE HALL CAUGHT MY EYE. WITH THAT "BEST DEFENSE" WILL REST TODAY. NEXT IS ASHLEIGH BANFIELD. >> I COULD NOT HELP HEAR THAT CONVERSATION THE POLICE OFFICER WAS HAVING WITH NEIL ENTWISTLE THAT SAID IF YOU WANTED TO KILL YOURSELF AFTER SEEING THE BODIES OF YOUR WIFE AND BABY, YOU TOOK A WHOLE LOT OF STEPS NOT TO BE WITH THEM IN THE END. HE HAD A LOT OF NO ANSWERS. GOING TO LOOK INTO THAT A LITTLE BIT MORE. >> IT'S ONE OF MANY QUESTIONS HE HAD TROUBLE ANSWERING. >> JUST KEEPS GOING DOWN. >> THANKS, ASHLEIGH. WILL SEE YOU IN JUST A FEW MINUTES. A BIG THANKS TO JEAN CESAREZ. YOU CAN CATCH ME ON THE RADIO 3:00 TO 6:00 P.M. DOING TIME WITH RON KUBY. HAVE A A GREAT WEEKEND. STAY TUNED. |