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>>> THE O.J. SIMPSON ARMED ROBBERY CASE MOVES CLOSER TO TRIAL AS JUDGE MAKES SOME BIG DECISIONS. >>> PLUS -- >> HOW COME? >> MY WIFE AND BABY IN BED. >> A DRAMATIC DAY IN A MASSACHUSETTS COURTROOM AS THEY HEAR NOOEM ENTWISTLE'S TWO-HOUR CONVERSATION WITH POLICE. ALL OF THAT COMING UP RIGHT NOW ON "OPEN COURT." >>> GOOD MORNING. WELCOME TO "OPEN COURT." I'M LISA BLOOM. >>> WE BEGIN WITH O.J. SIMPSON. A STATUS HEARING FOR THE ARMED ROBBERY CASE AGAINST SIMPSON AND TWO CO-DEFENDANTS WAS HELD IN A LAS VEGAS COURTROOM ON FRIDAY. JEAN CASAREZ FWHUZ LAS VEGAS FOR THAT HEARING. SHE'S HERE NOW WITH ALL THE DETAILS. GOOD MORNING, JEAN. TELL US ABOUT THE JUROR QUESTIONNAIRE. THAT WAS THE BIG ISSUE ON FRIDAY. >> THIS IS HOW JURY SLEKZ IS GOING TO BEGIN. AT THIS POINT THERE ARE 115 QUESTIONS, 26 PAGES. THE QUESTION IS THOUGH WHA QUESTIONS DO YOU ALLOW ON THE JURY QUESTIONNAIRE? A LITTLE EVEN MORE THAN THAT. LISTEN TO WHAT THE JUDGE TOLD THE ATTORNEYS SO NOW THEY HAVE SOMETHING TO THINK ABOUT. >> THIS IS THE LENGTHIEST QUESTIONNAIRE I'VE EVER SEEN SUBMITTED. I'M GOING TO GO AHEAD AND ALLOW YOU TO USE THIS, WITH THE CAVEAT -- WHEN WE GET TO JURY SELECTION, WE'RE NOT GOING TO BE GOING OVER IN DETAIL ALL OF THE ANSWERS THAT THEY HAVE GIVEN TO US. WE ARE NOT GOING TO SPEND HOURS AND HOURS DISCUSSING WHAT THEY'VE ALREADY TOLD US. WE'RE LOOKING FOR JURORS FOR ALL OF THE DEFENDANTS AND THE STATE THAT CAN BE FAIR AND IMPARTIAL. SO, I'M PUTTING YOU ON NOTICE NOW IF YOU DON'T WANT TO GO UNDER THAT RULE, THEN THE JURY QUESTIONNAIRE CAN GO OUT THE WINDOW AND WE CAN JUST DO IT WITHOUT IT. >> SO HERE'S THE CHOICE RIGHT HERE. EITHER YOU CAN IS HAVE THAT LENGTHY JURY QUESTIONNAIRE, WHICH IS SO MANY PAGES LONG WITH MULTIPLE QUESTIONS, OR YOU CAN, AS SHE SAID, THROW IT OUT THE WINDOW AND HAVE MORE FACE-TO-FACE TIME VOID DIRING THE JURY. HIS SARKS MANY PEOPLE SAY THE JURY SELECTION IN THIS CASE IS THE CRITICAL ASPECT OF WHAT IF DECISION WILL BE. >> ABSOLUTELY. WHO HASN'T HEARD OF O.J. SIFR SOND AND HIS LEGAL PROBLEMS IN THE PAST AND CAN PEOPLE PUT THAT ASIDE AND JUDGE HIM FAIRLY IN THIS CASE? LET ME ASK YOU ABOUT SEVERANCE BECAUSE, OF COURSE, O.J. SIMPSON HAS TWO CO-DEFENDANTS IN THIS CASE, EHRLICH AND STEWART. THEY'VE BEEN TRYING TO DISTANCE THEMSELVES FROM O.J. SIMPSON, GET TRIED SEPARATELY. ARE THEY PREVAILING ON THAT? >> NO. AND THEY DESPERATELY WANT TO HAVE THEIR SEPARATE TRIALS BUT THEY HAD A RENEWED MOTION, A RECONSIDERATION. THE JUDGE, WELL, YOU'LL HEAR, SHE DENIED IT. LISTEN TO WHAT THE JUDGE SAID NEAR THE END OF HER DECISION HERE. >> I WANT THIS MATTER TO BE TOTALLY DONE SO THAT I CAN GET THE JURY QUESTIONNAIRE TO JURY SERVICES. THEY CAN MAKE ARRANGEMENTS TO BRINGS ENOUGH PEOPLE IN OVER A PERIOD OF TIME TO GET IT PRINTED, SO MY CUT-OFF FOR ALL OF THIS REGARDING JURY QUESTIONNAIRE IS AUGUST 1st. SO, MR. GRASSO, THANK YOU, I WILL CERTAINLY TAKE THAT INTO CONSIDERATION WHEN THEY RESUBMIT THEIR REWORDED QUESTION TO BOTH MYSELF, THE STATE AND YOU, AND THEN AT OUR NEXT STATUS CHECK, WE CAN FINISH IT UP. HOW IS THAT? >> THANK YOU, JUDGE. >> OKAY. ALL RIGHT. GREAT. THERE'S ONE OTHER THING WITH REGARDS TO THE JURY QUESTIONNAIRE THAT I WOULD LIKE TO MAKE CLEAR TO ALL OF THE PARTIES. THIS IS THE LENGTHIEST QUESTIONNAIRE THAT I'VE EVER SEEN SUBMITTED. I'VE RECENTLY HAD TWO -- ONE MURDER CASE, HIGH-PROFILE MURDER CASE AND ANOTHER CAPITAL MURDER CASE THAT HAD QUESTIONNAIRES THAT WERE FAR SHORTER THAN THIS ONE. NOW, I'M GOING TO GO AHEAD AND ALLOW YOU TO USE THIS WITH THIS CAVEAT -- WHEN WE GET TO JURY SELECTION, WE'RE NOT GOING TO BE GOING OVER IN DETAIL ALL OF THE ANSWERS THAT THEY'VE GIVEN TO US. YOU WILL HAVE RECEIVED THEIR DISSERTATION IN THIS CASE. YOU WILL HAVE PLENTY OF TIME TO REVIEW IT. WE WILL ALL GET TOGETHER AND GET -- AND ELIMINATE THOSE WHO WE CAN SEE ARE NOT GOING TO BE ABLE TO BE FAIR AND IMPARTIAL FOR EITHER SIDE, AND THEN WHEN WE GET DOWN TO JURY SELECTION, WE'RE NOT GOING TO SIT AROUND AND BRING UP THE QUESTIONNAIRE AND START GOING INTO, WELL, IN QUESTION 32 YOU SAID YOU DIDN'T -- >> SO WHAT THE JUDGE DID, SHE DENIED THE RENEWED CONSIDERATION FOR MOTION FOR SEVERANCE AND SHE ENDED IT ALL BY SAYING THE ONLY WAY THE CO-DEFENDANTS ARE NOT GOING TO STAND TRIAL IN THIS COURTROOM WITH O.J. SIMPSON IS IF YOU PICK UP A PHONE AND YOU WORK OUT A DEAL. AND YOU KNOW, LISA, WHEN I WAS THERE, SPOKE WITH A LOT OF PEOPLE, AND MY SOURCES TELL ME AND THEY ARE VERY GOOD SOURCES, THAT THERE POTENTIALLY COULD BE DEALS FOR ALL OF THEM. THERE MAY HAVE BEEN INFORMAL DISCUSSIONS. NOTHING FORMAL. BUT LISA, THE PERSON BE A CONVICTED FELON THEY WOULD HAVE TO SERVE TIME AND MAYBE QUITE A BIT OF JAIL TIME. SORT OF LIKE WHAT MICHAEL McCLINTON, HE PLEADED GUILTY TO ROBBERY AND CONSPIRACY TO COMMIT ROBBERY. >> SO FAR, THEY ARE NOT FLIPPING, NOT CUTTING A DEAL. IT'S GOING TO BE INTERESTING TO SEE HOW THAT STORY DEVELOPS. WELL, JOINING US NOW BY PHONE FROM ASPEN, COLORADO, A VERY SPECIAL GUEST. O.J. SIMPSON'S ATTORNEY YAEL GALANTER. WELCOME TO THE PROGRAM. >> GOOD MORNING, LISA. >> WHAT ARE YOU DOING OUT THERE IN ASPEN? >> WORKING. >> GOOD WORK IF YOU CAN GET IT. A BEAUTIFUL TOWN, ASPEN. YALE, HAS ANY PLEA DEAL BEEN OFFERED TO O.J. SOIMP SON? >> THERE IS NOTHING THAT HAS BEEN DISCUSSED THAT IS EVEN REMOTELY ACCEPTABLE TO OUR SIDE. >> WHAT ABOUT HIM TAKING A PLEA TO SOME LESSER CHARGES IN EXCHANGE FOR A SUM AMOUNT OF JAIL TIME THAT WOULD BE CONSIDERABLY LESS THAN THE MAXIMUM CHARGES. I ASSUME THAT'S THE TYPE OF THING THE PROSECUTORS WOULD BE OFFERING. >> IT WAS NOT LIKE THAT HAS BEEN CONTEMPLATED. I CAN TELL YOU NOTHING LIKE THAT WOULD BE ACCEPTED. >> WOULD HE TAKE ANYTHING THAT INVOLVED JAIL TIME IN. >> NO. >> SO THE ONLY DEAL HE WOULD TAKE WOULD BE NO JAIL TIME. >> IF SOMETHING WERE ON THE TABLE THAT INVOLVES, YOU KNOW, SOME MISDEMEANOR, THAT DIDN'T INVOLVE ANY INCARCERATION, THAT, I WOULD CERTAINLY CONSIDER. >> HOW DO YOU LIKE JUDGE GLASS? ON FRIDAY SHE SEEMED TO BE RULING AGAINST YOU ON THE ISSUE AT LEAST INVOLVING THE JURY QUESTIONNAIRE. >> WELL, I'M NOT SURE I READ IT THE SAME WAY MOOES OF THE MEDIA PEOPLE READ IT. THESE THINGS ARE VERY DIFFICULT TO RULE ON IN A VOOK COUPLE. AND YOU KNOW, ONE OF THE PROBLEMS JURORS THAT WE HAVEN'T STARTED THE PROCESS YET. BUT WHAT EVERYBODY WANTS TO DO IS THEY WANT TO TRY AND STREAMLINE THE PROCESS AND MAKE IT AS EFFICIENT AS POSSIBLE. >> YEAH. >> SO I THINK WE'RE GOING TO HAVE TO SEE. I THINK, YOU KNOW, I THINK IT'S VERY DIFFICULT TO MAKE RULINGS IN A JAR WITHOUT ACTUALLY BEING THERE, HAVING JURORS IN FRONT OF YOU AND ACTUALLY GOING THROUGH THE PROCESS. >> JEAN, CAN YOU WALK US THROUGH A COUPLE OF THESE JURY QUESTIONNAIRE QUESTIONS? >> SURE. FIRST OF ALL, WE DON'T KNOW ALL THE JURY QUESTIONS EITHER. THERE'S 115 QUESTIONS. THERE'S JUST A FEW THAT CAME OUT IN OPEN COURT THAT SHE IS NOT ALLOWING. ONE, WHETHER THE JURY BELIEVES O.J. SIMPSON HAS A RIGHT TO EARN A LIVING AND BOARD HIS CHILDREN. NO. O.J. SIMPSON, HAS HE BEEN A LAW-ABIDING CITIZEN THE LAST TEN YEARS. THE ANSWER IS NO. THE ONE SHE IS CONSIDERING IS, COULD THERE POSSIBLY BE A SPILL-OVER EFFECT FROM O.J. SIMPSON TO THE TWO DEFENDANTS. GRASSO STOOD UP AND OBJECTED BECAUSE RIGHT OFF THE BAT THAT SHOWS WITHIN THE JURY QUESTIONNAIRE, NEGATIVITY TOWARD O.J. SIMPSON. >> IT'S CLEAR THAT EHRLICH AND STEWART DON'T WANT TO GO TO TRIAL SITTING NEXT TO YOUR CLIENT O.J. SIMPSON. HOW DOES O.J. FEEL ABOUT BEING TRIED ALONG WITH THE TWO CO-DEFENDANTS? >> WE'RE READY TO GO. WE'RE READY TO DO IT BY OURSELVES, WE'RE READY TO GO IT WITH OUR CO-DEFENDANTS. WHATEVER JUDGE GLASS DECIDES ON THAT ISSUE IS OKAY WITH US. >> DO YOU THINK THE SEPTEMBER 13th TRIAL DATE IS GOING TO BE AGO? >> YEAH. I DON'T SEE ANY REASON WHY IT WOULDN'T BE. YOU KNOW, DURING THE LAST TRIAL DATE, THE TWO CO-DEFENDANTS WANTED THE CASE CONTINUED AND I WAS READY TO GO IN APRIL. I ACQUIESCED TO THAT AND I SAID TO EVERYBODY -- BECAUSE, YOU KNOW, AS YOU KNOW, LISA, IT'S VERY DIFFICULT IN TERMS OF SCHEDULING. THIS IS GOING TO TAKE TWO MONTHS, MAYBE THREE MONTHS TO DO. SO WE'VE REALLY BLOCKED OUT A LOT OF TIME. AND I WOULD LIKE TO GET IT STARTED RIGHT AFTER LABOR DAY. THAT'S OUR PLAN. >> JEAN IS SAYING SEPTEMBER 8th. SEPTEMBER 13th IS THE DATE OF THE I UNDERSTAND GWEN IN THE HOTEL. >> YES. >> JEAN, IS IT GO DOING GO IN SEPTEMBER? >> I DEFINITELY THINK SO. WHO AM I SO TO SAY BUT I DON'T THINK IT'S GOING TO LAST QUITE AS LONG AS YALE IS SAYING. I THINK THE TRIAL WILL MOVE QUICKLY. SHE'S GOING TO HAVE LONG DAYS IN THAT COURTROOM. >> WE'RE GOING TO BE FOLLOWING IT. BIG THANKS TO YALE GALANTER FOR TALKING TO US THIS MORNING AND GETTING UP SO EARLY OUT THERE IN ASPEN. >> THANKS. >> THANKS ALSO TO OUR CORRESPONDENT JEAN CASAREZ JOINING US THIS MORNING. >>> UP NEXT ON "OPEN COURT" WE'LL TAKE YOU LIVE TO MASSACHUSETTS FOR THE MURDER TRIAL OF NEIL ENT ENTWISTLE. YOU WILL HEAR MORE FROM THE ACCUSED IN HIS OWN WORDS. STAY TUNED. >>> CALL 911? >> WELL, MY -- THE FIRST -- WELL, LOOKING BACK ON IT, I KNOW IT'S -- I DON'T KNOW WHY -- WHY I DID THINGS THE WAY THAT I DID. >> THOSE ARE THE WORDS OF A MAN ACCUSED OF MURDERING HIS WIFE AND BABY. YOU'LL HEAR MORE FROM NEIL ENTWISTLE AS HIS TRIAL CONTINUES THIS MORNING. WELCOME BACK TO "OPEN COURT." I'M LISA BLOOM. IT WAS AN EMOTIONAL DAY IN A MASSACHUSETTS COURTROOM ON FRIDAY. PROSECUTORS PLAYED A TWO-HOUR TAPE OF NEIL ENTWISTLE'S PHONE CALL WITH POLICE JUST DAYS AFTER HIS FAMILY'S MURDER. CORRESPONDENT BETH KARAS JOINS US NOW LIVE FROM MASSACHUSETTS WITH A T. BIGGEST MOMENTS FROM THAT DRAMATIC RECORDING. GOOD MORNING, BETH. >> Reporter: GOOD MORNING, LISA. WELL, IT WAS MIDDAY ON MONDAY, JANUARY 23rd, 2006. LESS THAN A DAY AFTER THE BODIES OF RACHEL AND LILLIAN ENTWISTLE WERE FOUND BY POLICE AND TWO DAYS AFTER NEIL ENTWISTLE PLED TO ENGLAND. SERGEANT MANNING, HE WAS A TROOPER AT THE TIME, ENGAGED IN THIS CONVERSATION ON JANUARY 23rd WITH ENTWISTLE. ENTWISTLE DESCRIBED TO HIM WHAT HE SAW WHEN HE FOUND HIS WIFE AND BABY SHOT DEAD IN THE BED. THEN MANNING HAD QUESTIONS FOR ENTWISTLE ABOUT WHAT HE DID AND WHAT HE SAW. >> IN THIS WHOLE TIME >> THE REASON THIS CONVERSATION WAS RECORDED WAS BECAUSE MANNING CALLED ENTWISTLE BUT HE HAD SAID ENOUGH. THE NEXT DAY, ENTWISTLE CALLED MANNING. NO TIME TO SET UP A RECORDING. MANNING TESTIFIED ABOUT THAT CONVERSATION. THEN THERE WAS A SECOND ONE ON JANUARY 24th WHICH MANNING MADE TO ENTWISTLE AND HE AGAIN RECORDED IT. THAT IS WHAT THE JURY IS HEARING NOW. >> ALL RIGHT. BETH, THIS IS RIVETING STUFF FOR THE JURY TO HEAR, ESPECIALLY GIVEN IT SEEMS HIGHLY UNLIKELY THAT NEIL ENTWISTLE HIMSELF WILL TAKE THE STAND. WE ARE STILL IN THE PROSECUTION'S CASE SO THE DEFENSE HAS NOT BEEN REQUIRED YET TO SAY WHETHER HE'S GOING TO TAKE THE STAND OR NOT. I THINK EVERYONE THINKS HE WON'T. THIS MAY BE THE JURY'S ONLY CHANCE TO HEAR NELL ENTWISTLE OUT OF HIS OWN MOUTH EXPLAIN EXACTLY WHAT HAPPENED THE LIVE PROCEEDINGS HAVE BEEN STARTED UP IN THE COURTROOM. SERGEA NOW. I DON'T REMEMBER EXACTLY WHAT. I JUST -- >> AND THAT WAS SERGEANT MANNING ASKING POINTED BUT PATIENT QUESTIONS OF NEIL ENTWISTLE JUST A DAY AFTER THE BODIES WERE FOUND. GETTING HIM TO EXPLAIN IN DETAIL ON TAPE EXACTLY WHAT HE SAW AND WHAT HIS STORY IS. WE HAVE NOW HEARD TWO HOURS OF TAPED CONVERSATION BETWEEN NEIL ENTWISTLE AND SERGEANT ROBERT MANNING. ENTWISTLE TALKED ABOUT EVERYTHING FROM HIS MORNING ERRANDS ON THE DAY IN QUESTION TO FINDING THE BODIES OF HIS WIFE AND DAUGHTER. >> WHERE DID YOU SEE SOME BLOOD, SIR? >> WELL, THERE WAS -- I DIDN'T -- I DIDN'T SEE ANYTHING ON RACHEL. IT WAS ALL ON -- IT WAS ALL ON LILLY. AND SHE -- A HOLE, THE WHOLE MOUTH, MOUTH AND NOSE WAS COVERED, ALMOST LIKE IT WAS BUBBLES. AND I -- AND IT'S OBVIOUS THAT THEY WERE -- THAT LILLY -- THEY WEREN'T ALIVE ANYMORE. >> TODAY'S QUESTION OF THE DAY IS, WHAT DOES NEIL ENTWISTLE'S PHONE CONVERSATION WITH POLICE TELL US? YOU CAN SEND US YOUR ANSWERS. JUST 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'LL READ ONE OF YOUR RESPONSES AT THE END OF THE SHOW. >>> THERE'S STILL TIME TO GET YOUR THOUGHTS IN TO "OPEN COURT." WHAT DOES NEIL ENTWISTLE'S PHONE CONVERSATION WITH POLICE TELL US? JUST LOGON TO CNN.COM/CRIME AND CLICK ON OPEN COURT OR E-MAIL US DIRECTLY AT OPENCOURT@CNN.COM WITH YOUR THOUGHTS. AND WE ARE LIVE IN THE MASSACHUSETTS COURTROOM AS A NEW AUDIOTAPED CONVERSATION IS BEING PLAYED FOR THE JURY NOW. YOU'RE LOOKING AT NEIL ENTWISTLE AS THE JURY LISTENS TO HIS OWN WORDS ON TAPE. LISTEN -- OKAY. >> THAT WAS NEIL ENTWISTLE, VERY CALM AND STRAIGHTFORWARD, EVEN CONVERSATIONAL ON THAT JANUARY 24th, 2006, PHONE CALL UNTIL TROOPER MANNING SAID THAT HE IS CONFIRMING THE CAUSE OF DEATH OF RACHEL AND LILLY BUZZ COULDN'T SHOT WOUNDS AND THEN NEIL ENTWISTLE GETS A LITTLE CHOKED UP. TIME NOW TO TAKE A LOOK AT OUR 13th JUROR QUESTION. JUST LOGON TO CNN.COM/CRIME AND CLICK ON 13th JUROR TO CAST YOUR VOTE. LATER IN THE SHOW, WE'LL TAKE A LOOK AT HOW YOU'RE VOTING. STAY WITH US. >>> YOU WERE NEVER INFORMED BY THE PROSECUTOR ABOUT THE POSITIVE RESULTS OF GUNK SHOT RESIDUE ON BOTH RACHEL ENT WILLSLE'S HANDS, WERE YOU? >> NO, I >> AND YOU WERE NOT INFORMED BY ANY STATE POLICE OFFICER, IS THAT RIGHT? >> THAT'S RIGHT. THAT I CAN RECALL. >> THAT WAS A BOMBSHELL MOMENT FROM LAST THURSDAY WHERE THE DEFENSE ARGUED ESSENTIALLY ON CROSS-EXAMINATION THAT RACHEL ENTWISTLE MAY HAVE COMMITTED SUICIDE BASED ON THE GUNSHOTS ARE DUE ON HER HANDS. WELL, RIGHT NOW IN THE COURTROOM TROOPER MANNING IS ON THE STAND PLAYING AN OUT YOU TAPED CONVERSATION THAT HE HAD WITH NEIL ENTWISTLE ON JANUARY 2 >> OKAY. THANK YOU, NEIL. >> THANK YOU. >> OKAY. >> AND THAT WAS AN AUDIO RECORDING OF TROOPER MANNING AND NEIL ENTWISTLE ON JANUARY 24th, 2006, JUST DAYS AFTER THE MURDER, NEIL ENTWISTLE SAYING HE'S SHOCKED AND RELIEVED TO HEAR EXACTLY AS TO THE MANNER OF THE DEATH, THAT IT WAS GUNSHOT WOUNDS FOR RACHEL AND LILLIAN. HE SAYS THAT HE CAN NOW DEAL WITH IT NOW THAT HE KNOWS EXACTLY WHAT HAPPENED. WE'RE TAKING A SHORT BREAK. YOU CAN TAKE A MOMENT TO WRITE TO US AND ANSWER OUR QUESTION OF THE DAY. WHAT DO YOU THINK? WHAT DOES NEIL ENTWISTLE'S PHONE CONVERSATION WITH POLICE TELL US? LONG ON TO CNN.COM/CRIME AND CLICK ON OPEN COURT OR E-MAIL US DIRECTLY AT OPENCOURT@CNN.COM. >> YOU HAVEN'T EVEN CRIED? >> NO. >> EMOTIONS RUN HIGH AS A MASSACHUSETTS YOU'RE HEAR THE WORDS OF ACCUSED KILLER NEILENT WHISTLE. THE PROSECUTION MAY BE WINDING DOWN, BUT THE DRAMA IS HEATING UP. THE JURY HAS BEEN LISTENING TO TAPED PHONE CONVERSATIONS BETWEEN ENTWHISTLE, THEY WERE RECORDED DAYS AFTER THEIR WIFE AND BABY WERE FOUND. TOM KOCHKA, GOOD TO SEE YOU AGAIN, TOM. >> AND CHRISTOPHER, VIRGINIA-BASED TONE. WELCOME TO THE COURTROOM. >> OUTSIDE THE WILL BURN COURTHOUSE IS CRIMINAL DEFENSE ATTORNEY IS WILLIAM KICKEL. WELCOME BACK! >> GOOD TO BE HERE. LISA. HOW ARE YOU? >> I AM GOOD. THE PROSECUTION MAY BE RESTING AT ANY MOMENT NOW, IF SO, DID THEY END IT ON -- EXTREMELY POIRFUL AND EXTREMELY STRONG. WE STILL DON'T KNOW IF THIS THE DEFENSE WILL BE NEIL E MERCKS TWHISTLE ON THE STAND. THIS IS THE OPPORTUNITY TO GET TO KNOW NEIL VIA HIS VOICE AND IT'S NOT GOOD AT ALL. HE'S BEEN STAMMERING, HEZ TATH, EVASIVE. HE DOESN'T INDICATE A GREAT DEAL OF GRIEF AND IN ALL THESE CONVERSATIONS SPANNING OVER TWO HOURS YOU'LL NOTICE, AND I'M SURE THE JURY HAS NOTICED THAT NOT ONCE DID NEIL ENTWHISTLE ASK TROOPER MANNING WHAT HAVE YOU DONE TO FIND THE KILLERS OF MY WIFE AND CHILDREN. HOW MUCH PROGRESS ARE YOU MAKING IN THIS INVESTIGATION? HAVE YOU FOUND ANYTHING? WHAT'S GOING ON? NOTHING AT ALL, IT SEEMS. I THINK THAT'S A STRONG POINT. TOM KOCHKA, HE DOESN'T IS ASK THE QUESTION, DID THEY SUVER? WHAT EXACTLY DO YOU THINK HAPPENED? DO YOU HAVE ANY SUSPECTS? IN FACT, IT'S TROOPER MANNING, IF IT'S ANY CONSOLATION IT HAPPENED QUICKLY AND THEY PROBABLE DIDN'T SUFFER TOO MUCH. >> HE TOUCHED ON IT A LITTLE BIT THERE TOWARD THE END OF THE LAST SEGMENT WHEN THEY WERE SPEAKING. I DON'T THINK THE TAPE IS NEARLY AS BAD NECESSARILY. I THINK YOU CAN HEAR THAT TAPE AND -- SOMEONE IS IN A POST-TRAUMATIC STRESS. THE ONLY TROUBLE IS IT DOESN'T GO HALF WAY. HE MIGHT BE IN POST TRAUMATIC STRESS BECAUSE HE MURDERED THEM, BUT I THINK THE TAPE DOES HAVE A LOT OF SECTIONS WHERE YOU CAN LISTEN TO THAT INDIVIDUAL AND SAY YEAH, HE IS ALL OUT OF IT AS A RESULT OF THIS. >> HE'S GUILTY. HE DOES SEEM TO BE IN SHOCK. HE DOES SEEM TO BE TRAUMATIZED. I DON'T KNOW WHICH WAY THAT NECESSARILY CUTS. CHRISTOPHER, LET ME BRING YOU N NEIL'S ALIBI IS THAT HE WENT SHOPPING AND YET HE DIDN'T BUY ANYTHING SO THERE'S NO WAY TO CONFIRM HIS ALIBI. DOES THAT SEEM A LITTLE SUSPICIOUS TO YOU? >> THINK THIS ENTIRE TRIAL WILL BE WON OR LOST NOT ONLY ON WHAT HAPPENED OF THE ACTUAL DEATH OF HIS FAMILY, THE DEFENSE'S ABILITY TO EXPLAIN HIS ACTION AFTERWARD AND THE LACK OF AN ALIBI IS ONE OF THOSE ELEMENTS. I CAN'T SEE HOW HE CAN'T NOT TESTIFY PIP THINK HE'LL HAVE TO. >> THE ATTORNEYS HAVE BEEN IN A SIDEBAR, AND I UNDERSTAND. I'VE JUST HEARD FROM MY PRODUCERS THAT THE PROSECUTION HAS RESTED. REPEAT, THE PROSECUTION HAS RESTED. LET'S LISTEN IN. >> BEFORE GIVING YOU THE LEGAL INSTRUCTIONS THAT YOU MUST FOLLOW IN REACHING A VERDICT, I'M REQUIRED TO HAVE WHAT IS CALLED A CHARGE CONFERENCE WITH THE ATTORNEYS WHEN I REVIEW WITH THEM WHAT THE INSTRUCTIONS WILL BE AND AFTER THE CHARGE CONFERENCE YOU WILL BE HEARING THE CLOSING ARGUMENTS OF THE ATTORNEYS AND IF WE HAVE TIME TODAY YOU'LL RECEIVE INSTRUCTIONS FOR THE LAW. WE'LL TAKE A RECESS FOR THE JURORS. COURT WILL STAY IN SESSION. I ANTICIPATE THAT THIS WILL TAKE AT LEAST A HALF AN HOUR AND WE WILL, OF COURSE, RESUME WITH THE CASE AS QUICKLY AS WE ARE ABLE TO, BUT I DO ANTICIPATE THAT THIS WILL TAKE AT LEAST A HALF AN HOUR. THE JURORS ARE EXCUSED. THAT WAS THE HONORABLE DIANE COTMEYER TALKING ABOUT THE CHARGE CONFERENCE. CLOSING ARGUMENTS AND THEN GETTING THOSE JURY CHARGES AS THE JUDGE WAITS FOR THE JURY THAT THEY ARE TO FOLLOW. IT SOUNDS TO ME AND WE'RE AWAITING CONVERSATION, WE HAVE BEEN HAPPENING IS. TOM KOCHKA, TO YOU, SHOULD THE DEFENSE CALL ANY WITNESSES? SHOULD THEY CALL NEIL ENTWHISTLE. IT'S BEEN AMPLY POINTED OUT EVEN WITH THE DETECTIVE QUESTIONING ON THE PHONE, THERE ARE A LOT OF THINGS HE CAN'T EXPLAIN AND MAYBE THE ANSWER IS I CAN'T EXPLAIN THEM BECAUSE YOU DON'T KNOW WHAT HAPPENED. HE'S KIND OF BEEN CROSS EXAMINED AND HE GOT HIS STORY IN. >> LET ME JUST JUMP IN BECAUSE I HAVE RECEIVED CONFIRMATION. THE DEFENSE HAS RESTED AS WELL. TO REITERATE, THE PROSECUTION HAS RESTED AND THE DEFENSE HAS RESTED WITHOUT CALLING A SINGLE WITNESS. ZEE SOME ACTION IN THE COURTROOM. LET'S LISTEN. >>> THE ATTORNEYS AND NEIL ENTWHISTLE ARE GOING GOING SIDEBAR. THIS IS THE PART OF THE TRIAL WHERE THE JUDGE CONFIRMS ON THE RECORD WITH NEIL ENTWHISTLE THAT HE IS KNOWINGLY WAVING HIS RIGHTS TO TAKE THE STAND. >> THAT'S WHAT THE JUDGE WILL CORROBORATE TO TAKE THE STAND AND YOU ARE WAVING THAT RIGHT. THOROUGHLY SAT DOWN IN WRITING. I HAVE TO SAY I'M SURPRISED THAT THE DEFENSE DID NOT SEEK TO CALL ANY WITNESSES IN THE FEMALE DEPRESSION AND SUICIDE, POSTPARTUM DEPRESSION AND SOMETHING LIKE THAT. I SUSPECT THEY MIGHT GO DOWN THAT ROAD BRIEFLY. I AM SO GLAD YOU RAISED THAT POINT BECAUSE I'M SITTING IN MY OFFICE IN THE AFTERNOON WATCHING THE TRIAL AFTER MY PROGRAM ON THURSDAY AND WHEN I HEARD THIS SUICIDE THEORY RAISED, I ABOUT FELL OUT OF MY CHAIR. YOU MEAN TO TELL ME THAT NEIL ENTWHISTLE KILLED HER OWN BABY IN HER OWN ARMS, KILLED HERSELF AND DISPOSE OF THE GUN 50 MILES AWAY IN CARVER? THAT'S A PRETTY GOOD TRICK. >> IT'S A PRETTY GOOD TRICK, I KNOW. IT'S SURPRISING, BUT THE DEFENSE HAS RESTED AND THAT'S WHAT THEY'VE DONE AND IT WILL GO IN THE HANDS OF THE JURY PRETTY QUICKLY. CHRISTOPHER, I'M BEING HEAVILY SARCASTIC, BUT WE HAVE A DEAD YOUNG WOMAN AND A DEAD BABY HERE, FRANKLY, TOH BY SUGGESTING THAT RACHEL ENTWHISTLE IS THE KILLER I THINK IT'S BEYOND THE PAIL. >> IT ISN'T BEYOND THE PAIL. I DON'T UNDERSTAND WHY THEY DIDN'T PUT ON ANY EVIDENCE AT ALL. THE REASONABLE EXPLANATION FOR THAT IF THERE ISN'T ONE IS MR. ENTWHISTLE CAME HOME AND FOUND HIS WIFE AND DAUGHTER DEAD AND HAD SOME SORT OF MENTAL BREAKDOWN WHERE HE TRIED TO TAKE THE GUN BACK OR BASICALLY LOST HIS MIND FOR A LITTLE BIT. >> YOU THINK THAT'S A REASONABLE EXPLANATION? >> IT'S THE ONLY EXPLANATION BECAUSE AS YOU POINTED OUT, SHE DIDN'T TAKE THE GUN BACK AFTER SHE KILLED HERSELF. THERE HAS TO BE SOME EXPLANATION FOR HOW IT GOT BACK THERE AND THE ONLY EXPLANATION IS THAT HE TOOK IT. >> LET'S START WITH THE ENTIRE CONCEPT OF RACHEL ENTWHISTLE BEING THE KILLER. SHE KILLS A BABY. HER BABE THEY BY ALL ACCOUNTS, SHE ADORES. IN HER OWN ARMS SHE KILLS HERSELF. >> THIS IS A WOMAN WHO MOVES INTO -- HAS NEVER SHOWN ANY SIGNS OF DEPRESSION, MUCH LESS SUICIDALITY, IS PLANNING DINNER PARTIES WITH HER FAMILY AND FRIENDS. SHE KILLS HERSELF AND NEIL ENTWHISTLE JUST TO HELP HER OUT DOESN'T CALL THE SCOMPLEES DOESN'T CALL ANYONE. THE ONLY THING HE DOES IS TAKES THE GUN AND RETURNS IT TO ITS ORIGINAL LOCATION IN ANOTHER TOWN. >> CLEARLY, HIS BEHAVIOR IS BIZARRE. THERE HAS TO BE AN EXPLANATION THROUGH A DEFENSE EXPERT BECAUSE THAT'S ALL THE JURY WILL REMEMBER WHEN THEY GO BACK TO THE JURY ROOM ANYWAY. THE FACT THERE WAS GUNSHOT RESIDUE ON HER HANDS AND THE BABY'S HANS, IT DOES COOR ROB RATE THAT, ABOUT HOW THAT'S EACH POSSIBLE, THIS TRIAL TO A CERTAIN DEGREE HAS BEEN A WASTE OF TIME BECAUSE THERE IS NO OTHER EXPLANATION WHICH IS WHY HE'S OBVIOUSLY GOT GREAT COUNSEL, BUT THERE HAS TO BE SOMEBODY TO EXPLAIN THE OBVIOUS INCONSISTENCIES IN HIS STORY. >> THERE'S GUNSHOT RESIDUE IN THE BABY'S HAND, MAYBE SHE'S THE KILLER. I THINK IT'S PREPOSTEROUS, TO BRING IN A THEER LIKE THAT WHICH REALLY SMEARS THESE VICTIMS WITHOUT HAVING SOME KIND OF EVIDENCE. YES, THERE IS A GUN SHOT RESIDUE IN THEIR HANDS, BUT NO OTHER EVIDENCE OF SUICIDE. THIS ISN'T LIKE THE SPECTOR CASE WHERE LANA CLARKSON SENT E-MAILS SAYING SHE WAS GOING END IT ALL AND SHE HAD ERRATIC BEHAVIOR. THERE IS EVIDENCE TO SUPPORT IT HERE. I THINK THAT IS A VERY RISKY STRATEGY. I DON'T KNOW IF IT WAS THEIR STRATEGY TO SUGGEST THAT THAT'S THE EXPLANATION FOR WHAT HAPPENED. SO MUCH IT WAS THE DEFENSE COUNSEL PROBING THE EVIDENCE AND JUST BEING ABLE TO DISPLAY TO THE JURY PERHAPS IN THEIR SUMMATION. LOOK WHAT WE SHOWED YOU HERE. WE SHOWED YOU THAT THEY DIDN'T CONSIDER THESE ANGLES. THE ONE EXPERT DIDN'T KNOW THE GUN POWDER RESIDUE OFFICE THEIR HANDS. THEY'LL ARGUE IT WAS A GENERAL INCOMPETENCE OF INVESTIGATION. THERE'S A REASONABLE DOUBT. NOT SO MUCH THAT THEY CAN EXPLAIN WHAT HAPPENED. THAT'S WHERE THEY'RE PROBABLY GOING GO. >> ALL RIGHT. >> BILL, WHY DOESN'T THE DEFENSE -- THE DEFENSE RESTED. WHY DIDN'T THE DEFENSE CALL, SAY, NEIL ENTWHISTLE'S PARENTS TO TAKE THE STAND AND SAY WHEN HE RETURNED TO ENGLAND HE WAS DISTRAUGHT. HE WAS UPSET. TO AT LEAST PORTRAY HIM AS A LOVING FATHER AND HUSBAND WHO WAS GENUINELY GRIEVING WHAT HAPPENED? >> THAT QUESTION STANDS OUT THERE UNANSWERED THE WAY THEY DIDN'T BRING OTHER WITNESSES TO THE STAND, POSSIBLY BECAUSE THEY DIDN'T WANT TO RISK ANYTHING ON CROSS EXAM BY THE PROSECUTION THAT MIGHT BRING OUT SOME INCONSISTENCES. IT'S AN INTERESTING QUESTION WHY THEY'VE RESTED NOW AND NOT DONE ANYTHING, NOT PUT ON ANY SUICIDE EXPERTS AND NOT PUT ON EXPERS IN DEPRESSION OR WOMEN OR AS YOU POINT OUT, NEIL'S PARENTS. IT'S A JUDGEMENT CALL. I THINK THE RISK IN THEIR MINDS WAS TOO GREAT THAT INCONSISTENCIES MIGHT COME OUT. >> I GUESS SO. LET ME STAY WITH YOU FOR A MINUTE BECAUSE YOU'RE OUR LOCAL AUTHORITY. TELL US A LITTLE BIT ABOUT THE JURIES IN WILLBURN, WHAT CAN WE EXPECT FROM THEM IN DELIBERATION? A LOT OF PEOPLE THINK THIS SHOULD BE A QUICK DELIBERATION, DO YOU AGREE? >> I DO. I'VE BEEN THINKING ABOUT THAT FOR A NUMBER OF DAYS NOW. MOST OF THE EVIDENCE THAT HAS COME OUT IN THE TRIAL SO FAR HAS BEEN VERY DAMNING AGAINST NEIL ENTWHISTLE AND I DON'T THINK IT WILL TAKE A GREAT DEAL OF TIME AT ALL. I THINK THE JURY THAT HAS BEEN SELECTED FROM THIS AREA IS GOING TO BE PRETTY QUICK, PRETTY DELIBERATIVE AND I WOULD NOT EXPECT A GREAT DEAL OF TIME WILL BE TAKEN HERE. I THINK THEY'LL COME BACK VERY FAST AND I THINK IT'S NOT GOING TO BE GOOD NEWS. NOT FOR NEIL ENTWHISTLE. WE CAN SIT HERE AND SPECULATE AS TO WHAT THE DEFENSE COULD HAVE DONE. THEY COULD HAVE CALLED WITNESSES, FOR EXAMPLE, TO TALK ABOUT RACHEL ENTWHISTLE GOING ONLINE AND USING THE LAPTOP TO MUDDY THE ISSUE AS TO WHO WAS ONLINE, DOING SEARCHES ON HOW TO KILL, ET CETERA, BUT BOTTOM LINE, YOU DEFENSE ATTORNEYS YOU'RE DEALT THE HANDS YOU WERE DEALT. YOU'RE NOT MADGINGS AND YOU CAN'T MAKE UP WITNESSES AND MAYBE THE DEFENSE DIDN'T HAVE WITNESSES TO CALL. >> THE BIGGEST PROBLEM THAT THE DEFENSE HAS IS HOW DO YOU POSSIBLY HUMANIZE MR. ENTWHISTLE. EVERYTHING ABOUT HIM SEEMS TO BE VERY ROBOTIC AND SOMEONE NEEDED TO HUMANIZE HIM AND MAKE THEM UNDERSTAND THIS IS A PERSON, NOT A MONSTER OUT THERE. WHETHER IT'S HIS PARENTS OR FRIENDS SOMEONE NEEDED TO STEP UP. AFTER ALL THE EVIDENCE IS DONE, WHEN THE JURY HAS BEEN TALKING ABOUT IT AMONGST THEMESES AND THEY'RE NOT SUPPOSED TO TALK ABOUT IT. WHAT'S RESONATING WITH THEM I'M SURE IS THE FACT THAT THIS GUY RAN AWAY TO ENGLAND IN A VERY BIZARRE FASHION AND NOBODY EXPLAINED THAT AND THAT, I THINK, IS GOING TO BE THE OVERRIDING THEME OF THE JURY DELIBERATIONS IS HOW HE WAS PORTRAYED ON THE TAPE AND THE FACT THAT NOBODY STOOD UP FOR HIM AND TRIED TO EXPLAIN HIS OTHERWISE ERRATIC BEHAVIOR AND THAT'S WHAT'S GOING TO RESONATE. ALL OF THE FORENSIC EVIDENCE ASIDE, I'M SURE THAT'S WHAT THEY'LL TALK ABOUT. >> NOT EVEN MOMMY AND DADDY. THEY'VE BEEN IN THE COURTROOM AND SITTING RIGHT THERE. YOU HAVE TO WONDER THAT THE JURY IS THINKING WHY DIDN'T THEY TESTIFY AND TELL US WHAT HIS BEHAVIOR WAS GOING ON IN THOSE DAYS. LET'S GO TO THE COURTROOM. WE HAVE SOME ACTION? >> WE WOULD APPRECIATE NOW WITH RESPECT TO THE CHARGE CONFERENCE, AND I HAVE THE REQUEST FOR INSTRUCTIONS FROM BOTH THE COMMONWEALTH AND THE DEFENDANT, AND I HAD PROVIDED TO THE ATTORNEYS THE COURT DRAFT ON THE COURT'S PROPOSED CHARGE ON THE LAW. IN THIS CASE, THE INSTRUCTIONS ON MURDER FIRST AND SECOND-DEGREE MURDER ARE AS SET FORTH IN THE MODEL INSTRUCTIONS TO BE USED BY THE COURT. >> WE DON'T HAVE -- >> OF COURSE. OF COURSE. >>> ALL RIGHT. THANK YOU. ALL RIGHT. ALL RIGHT, LADIES AND GENTLEMEN. THAT COMPLETES THE EVIDENCE IN THE CASE. >> AND THERE YOU SEE IT, JUST MINUTES AGO THE PROSECUTION RESTED ITS CASE IN MASSACHUSETTS VERSUS NEIL ENTWHISTLE JUST A FEW MINUTES AFTER THAT THE DEFENSE RESTED ITS CASE AS WELL. WHAT CASE, YOU SAY? THE DEFENSE DID NOT PRESENT A CASE, THEY DID NOT CALL A SINGLE WITNESS. RIGHT NOW IN THE COURTROOM THE JUDGE IS GOING OVER TECHNICAL HOUSEKEEPING MATTERS. LET'S GO OUT TO BETH KARAS WHO HAS BEEN COVERING THIS CASE FROM THE BEGINNING. ANY PROBLEM THAT THE DEFENSE DID NOT PRESENT A CASE. >> NO, IT'S NOT A SURPRISE, I GUESS. THEY HAVE NOT TOLD US ALL ALONG WHAT THE INTENTION WAS. THINK ABOUT THIS CASE, WHAT WERE -- WERE THEY GOING TO CALL NEIGHBORS? THEY COULD HAVE CALLED NEIL ENTWHISTLE. MAYBE THEY COU HAVE CALLED SOME EXPERTS AND I DON'T KNOW IF THEY CONSULTED EXPERTS AND GAVE THEM OPINIONS THAT WOULD HAVE BEEN CONSIST WENT THEIR THEORY THAT THIS WAS A SELF-INFLICTED WOUND ON LILLIAN ENTWHISTLE. TO RAISE REASONABLE DOUBT IN THE MIND OF ONE JUROR OR MAYBE MORE. >> THEY COULD HAVE CALLED NEIL ENTWHISTLE AND HE COULD HAVE EXPLAINED WHY HE WAS LOOKING AT ESCORT SERVICES AND SEX AND SWINGERS SITES A COUPLE OF DAYS BEFORE THE MURDERS. WHY HE'S LOOK AT E-MAILS AND JUST AFTER THE MURDERS AND MAYBE HE DOESN'T HAVE A GOOD EXPLANATION FOR THAT, BETH. >> MORE IMPORTANTLY, HE WOULD HAVE TO EXPLAIN HOW THE GUN WITH RACHEL'S ENTWHISTLE'S DNA ON THE END OF THE MUZZLE GOT 60 MILES AWAY IN A LOCKED BOX IN HER PARENTS' HOME AND IF WAS INDEED A SUICIDE WHY DIDN'T HE MENTION THAT TO ANYONE BEFORE? WAS HE PROTECTING HER HONOR AND DIGNITY. HAS HE BEEN SITTING IN JAIL FACING LIFE WITHOUT PAROLE TO PROTEKZ TEKT HER. HE NEEDED TO EXPLAIN WHY THE STATEMENT OF WHAT HE FOUND IS TOTALLY INCONSISTENT. THE POLICE DIDN'T KNOW THE BABY WAS SHOT UNTIL THEY MOVED RACHEL'S ARM. HE SAID HE NEVER TOUCHED RACHEL. THE PROSECUTOR IS TRY, HE SHOT HIS WIFE, WENT INTO THE CRIB, PUT THE BABE OWE HER CHEST, SHOT THE BABY THROUGH THE CHEST AND PUT RACHEL'S ARM OVER THE BABY'S BULLET HOLE. THAT'S WHAT I THINK -- THAT'S WHAT I WOULD ARGUE IF I WERE THE PROSECUTOR. I THINK THAT'S WHAT YOU'LL HEAR. I THINK THAT'S A REASONABLE EXPLANATION OF WHAT THE EVIDENCE MAKES OUT. HE'D HAVE TO EXPLAIN HOW HE KNEW THE BABY WAS SHOT WHEN THE POLICE DIDN'T KNOW WHEN THEY FIRST SAW HER. >> THAT'S A VERY COMPELLING DESCRIPTION, BETH. I WAS TRYING TO THINK OF HOW THE BABY WAS SHOT AND RACHEL'S ARM ENDS UP COVERING THE BULLET HOLE. WAS SHE HOLDING THE BABY. THE BABY WAS SHOT FIRST AND THAT POOR WOMAN HAD TO SEE HER BABY GET KILLED, BUT I WOULDN'T THINK SHE'D NUMBER SUCH A CALM POSITION. SHE WOULD BE MOVING AROUND OR SOMETHING UNLESS HE MOVED HERE BACK INTO THAT POSITION. BETH, I THINK YOU REALLY PUT YOUR FINGER ON THE SUICIDE ISSUE AND I WAS DYING TO TALK TO YOU ABOUT IT ON THE AIR. THIS IS MY FIRST CHANCE TO TALK TO YOU ABOUT IT. OF COURSE, YOU COVERED PHIL SPECTOR CASE, WHERE SUICIDE WAS IT -- IN THAT CASE, BETH, THERE WERE SOME EVIDENCE THAT THE DEFENSE HAD TO WORK WITH. SHE HAD ENGAGED IN ERRATIC BEHAVIOR IN THE PAST. SHE HAD A LOT OF ALCOHOL IN HER SYSTEM. HERE, THERE IS NOT A SKINT ILOF A EVIDENCE THAT RACHEL ENTWHISTLE WAS DEPRESSED, MUCH LESS SUICIDAL, RIGHT, BETH? >> CORRECT. IF THERE'S ANY EVIDENCE OF THAT WE'VE CERTAINLY NOT HEARD IT AND THE DEFENSE CHOSE TO NOT BRING IT OUT, BUT IT COULD BE THAT SUCH EVIDENCE DOES NOT EXIST. IT'S A VERY DIFFERENT CASE FROM THE PHIL SPECTOR CASE. HOWEVER, IT DOES HAVE THE SIMILARITY THAT THE DEFENSE'S SUICIDE OR HOMICIDE. MANNER OF DEATH BEING THE ISSUE. AS YOU POINT OUT, THIS THEORY BEING RAISED FOR THE FIRST TIME IN THE MIDDLE OF THE TRIAL TOWARD THE END OF THE TRIAL LAST THURSDAY AND THE REAL PROBLEM FOR THE DEFENSE OF THIS THEORY IS THAT THE GUN SOMEHOW TRAVELED AFTER THE SUICIDE, 60 MILES OVER TO CARVER EITHER BY NEIL ENTWHISTLE TAKING IT THERE OR SOMEBODY ELSE TAKING IT THERE AND THAT'S PRETTY PREPOSTEROUS WHEN YOU'RE TALKING ABOUT SUICIDE. I'D BE VERY SURPRISED, BETH, IF THE DEFENSE HITS HOME WITH THE SUICIDE THEORY IN CLOSING ARGUMENT. DO YOU THINK THAT THEY WILL? >> YOU KNOW, I DON'T KNOW, IT CERTAINLY WAS RAISED FOR THE FIRST TIME DURING THE CROSS-EXAMINATION OF WILLIAM ZAIN, THE MEDICAL EXAMINER. WE HADN'T HEARD ANYTHING ABOUT IT REALLY BEFORE, ALTHOUGH I GUESS NOW THAT I THINK ABOUT IT THE QUESTIONING OF SOME OF THE FORENSIC SCIENTISTS ABOUT THE IMPORTANCE OF GUNSHOT RESIDUE AND WHAT WHAT IT MEANS AND ALL, MAYBE THEY WERE LAYING THE FOUNDATION FOR THE CROSS OF ZAIN TO GET THIS THEORY BEFORE THE JURY, BUT HE WOULD HAVE TO EXPLAIN WHY WHEN HE DESCRIBED IN ALL OF THE CONVERSATIONS HE HAD WITH FRIENDS AND WITH TROOPER MANNING, WHY WHEN HE SAYS HE WENT INTO THE BEDROOM AND FOUND THEM HE DIDN'T MENTION A GUN ON THE FLOOR. IF RACH HELL KILLED HERSELF, SHE WAS ON THE EDGE OF THE BED, NOT IN THE CENTER OF THE BED. YOU WOULD THINK THE GUN WOULD HAVE FALL TONIGHT FLOOR. HE NEVER MENTIONS THAT THAT'S HOW HE KNEW THEY WERE SHOT AND MANNING KNOWS THAT WHAT NEIL ENTWHISTLE SIX PLAINING IS INCONSIST WENT WHAT THE POLICE FOUND AND SO, OF COURSE, THEIR ARGUMENT IS GOING TO BE HE KNEW IT BECAUSE HE DID IT AND THAT'S WHY HE KNEW RACHEL WAS SHOT AND WAS AMAZED THERE WAS NO BLOOD ON HER FACE. ENTWHISTLE, IF HE FOUND HER THAT SHE HAD SHOT HERSELF WOULD HAVE SAID THE GUN WAS ON THE FLOOR, BUT FOR SOME REASON HE NEVER SAID THAT AND IF YOU BELIEVE THE SUICIDE, HE WAS PROTECTING HER. >> ANOTHER DEVASTATING POINT, I THINK. IT'S VERY DIFFICULT FOR HIM TO GET AROUND IT. WE KNOW NEIL ENTWHISTLE SAYS HE KNOWS THEY WERE SHOT. HE CAME IN AND FOUND THEM. HE KNOWS THAT THEY WERE SHOT, AND THEN WHY ON THE AUDIOTAPE THAT WE JUST HEARD THEN DOES TROOPER MANNING SAY WE'RE CONFIRMING THE CAUSE OF DEATH WAS GUNSHOT WOUNDS AND NEIL ENTWHISTLE GETS CHOKED UP AND SAYS IT'S A SHOCK AND RELIEF NOW TO KNOW WHAT HAPPENED SO THAT NOW I CAN DEAL WITH IT. BY HIS OWN ADMISSION, HE ALREADY KNEW THAT. >> RIGHT. YOU KNOW, I CAN'T MAKE SENSE OF NEIL ENTWHISTLE'S ACTIONS OR HIS COMMENTS AND HE DID SAY HE ALREADY KNEW THEY WERE SHOT AND THEN HE SAYS HE'S RELIEVED. THEY WANTED TO KNOW IF THEY'D FIGURED OUT THE TIME OF DEATH AND MANNING SAYS MEDICAL EXAMINERS CAN GIVE A RANGE. THEY CAN'T PINPOINT A TIME OF DEATH, CERTAINLY NOT IN A CASE LIKE THIS WHICH ACTUALLY AS AN ASIDE IS GOOD EVIDENCE FOR THE PROSECUTION BECAUSE TO THE EXTENT THAT JURORS THOUGHT THERE COULD BE MORE SPES IF ISITY AND DETERMINING THE DATE AND TIME OF DEATH, MANNING GAVE THE EXPLANATION THERE SORT OF BOLSTERING ZAIN WHO COULD HAVE USED A LITTLE BOLSTERING. >> ALL RIGHT, BETH, NOW THAT THE PROSECUTION HAS RESTED. THE DEFENSE HAS RESTED AND THE JUDGE IS DOING A MINI CHARGE CONFERENCE, TALKING TO THE ATTORNEY ABOUT SOME OF THE CHARGES. WHAT IS THE SCHEDULE NOW FOR CLOSING ARGUMENTS AND DELIBERATION? >> WELL, THE JUDGE GAVE THE JURY A HALF HOUR RECESS BECAUSE SHE THOUGHT THAT'S WHAT IT WOULD TAKE TO GO OVER THESE INSTRUCTIONS AND ONE THING MICHAEL HAD ASKED THAT THE PRIOR BAD ACTS AND THE CONDUCT OF NEIL ENTWHISTLE BE INCLUDED NOT ONLY TO SHOW INTENT OR STATE OF MIND OR MOTIVE, BUT ALSO IDENTITY. I DON'T KNOW HOW THE JUDGE RULED. I THINK SHE RULED WHILE WE WERE TALKING AND THE SECOND-DEGREE MURDER IS GOING GO TO THE JURY. IT AUTOMATICALLY GOES IN A DAY LIKE THIS SO THEY WILL GET THAT LESSER CHARGE, BUT AFTER THAT, THE JURY'S GOING COME IN AND I THINK THEY'LL HEAR CLOSING ARGUMENTS AND THE JUDGE SAID SHE'S NOT PUTTING A TIME LIMIT ON CLOSINGS. THE DEFENSE GOES FIRST AND PROSECUTION GOES LAST. I BELIEVE IT'S MICHAEL FABBRI AND IF THERE'S TIME SHE WILL ALSO INSTRUCTION THEM TODAY. >> THIS CASE IS ALL OF A SUDDEN MOVING ALONG VERY, VERY QUICKLY. BRIEFLY, BETH, SECOND-DEGREE MURDER IN MASSACHUSETTS. I ASSUME THAT'S INTENTIONAL KILLING DONE WITHOUT PREMEDITATI PREMEDITATION? >> THAT IS MY UNDERSTANDING. AND IT'S A PAROLABLE TERM. IT'S PAROLABLE AFTER 15 YEARS. >> THAT WOULD BE BIG FOR NEIL ENTWHISTLE, WITH FIRST-DEGREE MURDER WIN "TODAY'S SPECIAL" KILLING WITH PREMEDITATION. WE'LL BE RIGHT BACK WITH MORE TRIAL COVERAGE FROM MASSACHUSETTS. THIS CASE IS MOVING ALONG VERY QUICKLY NOW. STAY WITH US. >>> I CAN TELL YOU I HAVE A HARD TIME UNDERSTANDING WHY YOU DIDN'T CALL 911. >> YEAH. I CAN -- I CAN SEE THAT. >> THAT'S NOT MUCH OF AN ANSWER. THAT WAS NEIL ENTWHISTLE ON AN AUDIOTAPED PHONE CALL WITH THEN TROOPER MANNING. NOW SERGEANT MANNING WITH THE OBVIOUS QUESTION A LOT OF PEOPLE HAVE ASKED IN THIS CASE. YOU SAY THAT YOU CAME UPON YOUR WIFE AND BABY DAUGHTER SHOT TO DEATH IN THEIR OWN BED. YOU DIDN'T CALL 911. WHY NOT? AND HE SAYS I DON'T REALLY HAVE AN ANSWER FOR THAT. BETH KARAS, THAT TO ME IS ONE OF THE PIVOTAL ISSUES IN THE CASE ESPECIALLY BECAUSE NEIL ENTWHISTLE IS FAMILIAR WITH THE CALL. HE'S FAMILIAR WITH THE 911 SYSTEM. AS A BRITISH CITIZEN HE SAID I'M NOT FAMILIAR WITH IT, I'M NOT AWARE OF IT HE ADMITS HE'S FAMILIAR WITH IT AND HE NEVER CALLS 911. HE NEVER CALLS RACHEL'S PARENTS. HE NEVER CALLS ANYONE. >> CORRECT. I MEAN, IF I WERE THE D.A. I WOULD SAY IN SUMMATION, HE'S DRIVING AROUND PERIODICALLY DURING THE DAY ON FRIDAY THE 20th. HE LEAVES AT 8:15 IN THE MORNING THE NEXT DAY, BUT PRESUMABLY HE'S PASSING POLICE STATIONS. HE COULD HAVE ASKED ANYONE. HE COULD HAVE GONE TO THE NEAREST GAS STATION, THERE ARE POLICE TO ON FOOT POST IN PLACES AROUNDHE AIRPORT. HE WAS AROUND LAW ENFORCEMENT. HE COULD HAVE TOLD SOMEONE. HE THAT'S WHAT I WOULD ARGUE. >> TOM KOCH QAA, IS THIS THE BIGGEST PROBLEM FOR THE DEFENSE? HE SHOWS NO INTEREST IN FINDING THE REAL KILLER. EVEN O.J. SAID HE WAS LOOKING FOR THE REAL KILLERS. >> YES AND NO. THE REAL PROBLEM IS HE CAN'T EXPLAIN HOW THE GUN GETS BACK TO THE FATHER-IN-LAW'S HOUSE 50 OR 60 MILES AWAY. THE SUICIDE IN PROTECTING HER HONOR THEORY MIGHT HAVE WORKED FOR HIM IF HE WOULD HAVE ADMITTED, I FOUND THE GUN AND I BROUGHT IT BACK TO MATERAZO'S HOUSE, BUT HE WENT WITH THE IDEA THAT I'M GOING TO HIDE THE WEAPON IN PLAIN SIGHT, THINKING THE POLICE WOULDN'T HAVE REASON TO TEST THOSE GUNS. >> CHRISTOPHER, ONE OF THE THINGS I HEARD NEIL ENTWHISTLE SAY IN THE TAPE WAS THAT THE END OF THE CONVERSATION WITH TROOPER MANNING, HE SAYS WHEN CAN WE DO FUNERAL ARRANGEMENTS AND HAVE THE BODIES BEEN RELEASED BECAUSE THE BODIES WERE AUTOPSIES. HE HAD A RELATIVELY CIVIL CONVERSATION. IS THAT HELPFUL TO THE DEFENSE? >> IT IS HELPFUL FOR THE DEFENSE AND IT'S SOMETHING TO NOT GO BACK, BUT IT WAS ALL OF THE THINGS THAT WE'RE TALKING ABOUT RIGHT NOW. ALL OF THE THINGS THAT THEY WERE TALKING ABOUT. ALL OF THE UNANSWERED QUESTIONS. THERE IS ONLY ONE PERSON SITTING IN THE COURTROOM WHO COULD ANSWER THEM AND HE DIDN'T PROVIDE ANSWERS. THE TAPE IS SO DEVASTATING AND THE WAY HE APPEARS IS SO DEVASTATING THAT I'M NOT SURE WHAT RISK THERE WAS IN PUTTING THEM ON, BUT THERE ARE MOMENTS WHERE HE DOES SOUND LIKE PEOPLE WHO WENT THROUGH THE TRAUMA. HE'S CLEARLY HAVING SOME DISCUSSION WITH THE POLICE OFFICERS ABOUT THE TIME OF DEATH & IN HIS REFERENCE TO HIM WATCHING TV SHOWS. SO HE MUST ON SOME LEVEL NOTE THAT WHEN HE'S TALKING TO THE POLICE, THE LIKELIHOOD THAT HIS CONVERSATIONS WILL BE TAPE RECORDS? >> WHY DID HE MAKE THAT CALL TO BEGIN WITH IF HE WERE REALLY WORRIED ABOUT GETTING HIMSELF IN TROUBLE? THERE ARE JUST SO MANY UNANSWERED QUESTIONS THAT NEED EXPLANATION. WHETHER THEY'RE GOOD EXPLANATIONS OR BAD EXPLANATIONS, THERE NEED TO BE EXPLANATIONS BECAUSE THERE ARE NUGGETS HERE THAT YOU CAN HOLD ON TO AND MAYBE PUSH THE JURY TO A LESSER COUNT OR MAYBE AN ALL-OUT ACQUITTAL IF THERE WERE EXPLANATIONS, BUT THERE ARE TOO MANY UNANSWERED QUESTIONS. >> I DON'T KNOW IF YOU'D GET PREMEDITATED MURDER WHEN THE GUY HAD TO TAKE THE GUN DAYS BEFORE FROM THE STEPFATHER'S HOME. HE HAD TO TAKE IT AND BRING IT HOME. HE'S RESEARCHING ONLINE HOW TO KILL A COUPLE OF DAYS BEFORE AT THE SAME TIME HE'S GOING ON ESCORT SERVICES. IT'S HARD TO SEE THIS AS ANYTHING, BUT PREMEDITATED IF NEIL ENTWHISTLE IS. >> SPEAK OF FUNERALS, NEIL ENTWHISTLE SEEMED CONCERNED ABOUT THE FUNERAL AND MAKE FUNERAL ARRANGEMENTS AND YET HE DIDN'T ATTEND THE FUNERAL FOR HIS OWN WIFE AND BABY, RIGHT? >> RIGHT. AND WHEN TROOPER, NOW SERGEANT MANNING ASKED HIM ON SUNDAY, JANUARY 23rd WHAT HE WAS GOING DO ABOUT FUNERAL ARRANGEMENTS HE SAID GEE, I HADN'T EVEN THOUGHT ABOUT IT. HE WAS CONCERNED ABOUT GETTING BACK TO ENGLAND, BUT HE HADN'T THOUGHT ABOUT THE FOUND RAL. ANYWAY, HE DOES CALL A WEEK LATER ON THE 30th AND 31st HE CALLED THE FLOOREST. ORDERING FLOWERS, SPECIFICALLY OR STATED SPECIFICALLY WHAT HE WANTED ON THE CARD AND HE ORDERED FLOWERS NOT ONLY FROM H HIM, BUT HIS PARENTS AND HIS BROTHER AND ALSO FRIENDS AND FAMILY IN ENGLAND. THREE DIFFERENT ARRANGEMENTS, BUT HE DID NOT ATTEND. YES, HE DID NOT ATTEND. IN FACT, AT ONE POINT HE SAID TO MANNING WHY WOULD I COME BACK? NOT NECESSARILY REFERRING TO THE FUNERAL, AND THEN IT WOULD LOOK LOOK LIKE HE KNEW WHAT HE WAS DOING. BILL KICKAM, THAT WAS REALLY NICE OF HIM TO SEND FLOWERS. HE SENT FLOWERS. THAT'S BIG OF HIM. >> THE MOST MAGNANIMOUS GESTURE, I THINK THAT COULD BE ATTRIBUTED TO HIM IN THIS WHOLE AFFAIR. THAT'S NOT GOING TO DO HIM MUCH GOOD AND NEITHER IS HIS QUESTIONING IN THESE CONVERSATIONS ABOUT FUNERAL ARRANGEMENTS. SOMEONE ON THE JURY COULD EVEN PERCEIVE THAT TO BE AN ELEMENT OF A GUILTY STATE OF MIND OR GUILT FEELINGS ALONG THOSE LINES. IT'S JUST THAT THERE ARE SO MANY HOLES IN THIS CASE FROM THE DEFENSE PERSPECTIVE. IT OUGHT TO BE A CASE OF SWISS CHEESE. IT'S JUST NOT MUCH THAT THEY HAVE TO WORK WITH HERE, AND I THINK THAT THE MOST THEY'RE HOPING FOR IN ARGUING THESE JURY CHARGES AT THIS POINT IS PERHAPS MURDER IN THE SECOND DEGREE THAT THEY MIGHT COME BACK WITH, THAT BUT I DON'T SEE THAT HAPPENING EITHER. I REALLY DON'T. I SEE A FIRST-DEGREE MURDER VERDICT COMING BACK HERE AND THAT'S NOT PAROLABLE IN MASSACHUSETTS. >> YOU CAN ONLY IMAGINE NEIL ENTWHISTLE'S FINE ATTORNEYS, ELLIOTT WEINSTEIN AND STEPHANIE PAIGE STRONG SIT IN COURT CRINGING AS THESE PHONE CALLS FROM NEIL YENT BHIFL TO THE POLICE OR RATHER FROM THE POLICE TO HIM, THOSE WERE THE ONES THAT WERE RECORDED ARE PLAY. WHY THE GUY SPOKE TO THE POLICE AND WHY HE GAVE THE LENGTHY STATEMENTS. HE DID, AND THE JURY HEARD THEM. I WANT YOU TO TAKE A LISTEN TO A PORTION OF THE AUDIOTAPED PHONE CALL FROM JANUARY 23rd BETWEEN NEIL ENTWHISTLE AND TROOPER MANNING. TAKE A LISTEN. >> ALL RIGHT. CAN YOU TALK TO ME FOR A FEW MINUTES? >> I -- YES. >> OKAY. >> I WANT YOU TO KNOW, TOO, WHEN WE CALL HERE FROM A POLICE STATION IN MASSACHUSETTS, OKAY, THE CALLS ARE RECORDED ON THIS END. IS THAT OKAY? >> OH, YES. YES. OKAY. YOU UNDERSTAND THAT, RIGHT? >> YES. >> OKAY. AND I'M SR. TO TELL YOU ABOUT YOUR WIFE AND YOUR DAUGHTER. >> THANK YOU. >> OKAY. CAN YOU TALK TO ME A LITTLE BIT AND TELL ME HOW YOU KNEW TH I ENDED UP AT THE AIRPORT, LOGAN AIRPORT. OKAY. >> AND THAT WAS AN AUDIOTAPED RECORDING BETWEEN NEIL ENTWHISTLE AND TROOPER MANNING THAT WAS PLAYED FOR THE JURY ON FRIDAY. THAT WAS THE FIRST CONVERSATION THAT HE HAD THAT WAS TAPED AND THAT THE JURY HEARD AND BOY, WAS IT A DOOZY. WE'RE TALKING ABOUT THAT IN JUST A SECOND. I WANTED YOU TO KNOW, WE JUST LEARNED THAT CLOSING ARGUMENTS IN THIS CASE WILL TAKE PLACE AT 11:15 EASTERN TIME WHICH IS ABOUT HALF AN HOUR FROM NOW. SO STAY TUNED BECAUSE I EXPECT THE ARGUMENTS TO BE FIERY ON BOTH SIDES. TERRIFIC ATTORNEYS FOR THE PROSECUTION AND THE DMFS THIS CASE. IN 30 MINUTES WE'LL HAVE CLOSING ARGUMENTS. THEY'LL BE ON THE BRIEF RECESS SO THEY'LL GET THE CLOSING ARGUMENTS PREPARED. CHRISTOPHER EMUSH, LET ME ASK YOU ABOUT THE AUDIO TAPES BECAUSE NEIL ENTWHISTLE HAS THE CALKMAIMY STORY ABOUT HOW HE DRIVE IT IS AROUND AND HE GOES TO CARVER WHICH IS WHERE THE M MATERAZO'S LIVED, RACHEL'S PARENTS. HE WAS GOING TO GO INSIDE, HE DIDN'T HAVE A KEY. OOPS, ONE LITTLE PROBLEM ABOUT THAT THEORY IN THE CAR AT LOGAN AIRPORT. HE LEAVES BEHIND THE KEYS TO THE MATERAZZO HOME. >> IT'S A PROBLEM. THIS WHOLE THING IS BUILT WITH PROBLEM LIKE THAT WHERE IT ALL LOOKS TO BE PREMEDITATED. IF YOU LOOKED AT THE NEFDZ AN OBJECTIVE WAY YOU'D HAVE TO SAY HE WAS PLANNING THIS FOR A WHILE COMPLETE WITH HIS GOING BACK TO ENGLAND. SO IF YOU ARE, IN FACT, GOING TO BE ASKING THE JURY FOR A VERDICT FOR LESS THAN FIRST-DEGREE MURDER, YOU HAVE TO GIVE THEM A REASON TO AND THERE IS NO REASON ESPECIALLY WHEN YOU'RE CONFRONTED WITH OBVIOUS INCONSISTENCIES WITH THE WAY THE EVIDENCE PLAYED OUT. IF THE KEY WAS ON THERE AND AGAIN, THE GUN HAD TO GET BACK IN THE HOUSE SOMEHOW. IT JUST DOESN'T MAKE ANY SENSE. IT LEAVES YOU WITH WAY MORE QUESTIONS THAN ANSWERS. IF HE DIDN'T TELL ANYONE, NOT THE POLICE, NOT THE NEIGHBOR, NOT THE MATERAZZOs. WHAT DOES NEIL ENTWHISTLE'S PHONE CONVERSATION WITH THE POLICE TELL US. WHEN WE COME BACK WE'LL HEAR WHAT YOU HAD TO SAY ABOUT THAT AS WE REVEAL OUR QUESTION OF THE DAY. STAY WITH US. >>> THE JURY HEARS NEIL ENTWHISTLE'S STORY IN HIS OWN WORDS. DID HE FIND HIS WIFE AND DAUGHTER MURDERED OR IS HE THE KILLER? MORE TRIAL COVERAGE AHEAD ON OPEN COURT. >>> WE ASKED YOU FDA IN OUR QUESTION OF THE DAY, WHAT DID NEIL ENTWHISTLE'S PHONE CONVERSATION WITH POLICE TELL US? OUR ANSWER COMES FROM DEBBIE IN ODESSA, FLORIDA. SHE WRITES, NEIL ENTWHISTLE'S CONVERSATION WITH THE POLICE TELLS US THAT HE IS NOT VERY EMOTIONAL ABOUT HAVING FOUND HIS WIFE AND BABY DAUGHTER DEAD. HE DID NOT GRAB HIS WIFE AND CHILD AND HUG THEM TO HIS BODY. HE DID NOT CALL 911. THANKS FOR THAT ANSWER, DEBBY AND THANKS FOR WATCHING OUT THERE IN ODESSA, FLORIDA. I WANT TO LET EVERYBODY KNOW THAT THE PROSECUTION HAS RESTED. THE DEFENSE HAS RESTED. THE JUDGE AND THE ATTORNEYS HAVE BEEN WORKING ON SOME MINOR ISSUES REGARDING TO THE JURY INSTRUCTIONS, BUT IN LESS THAN HALF AN HOUR NOW THE CLOSING ARGUMENTS WILL BEGIN IN ABOUT 25 MINUTES AT 11:15 EASTERN TIME. WE WILL HEAR THE CLOSING ARGUMENTS FROM THE PROSECUTION AND FROM THE DEFENSE. BETH KARAS, I WANT TO GO BACK TO YOU BECAUSE YOU POINTED OUT SOMETHING THAT I'M SURELY BE VERY, VERY SIGNIFICANT IN THE PROSECUTION'S CLOSING AND THAT'S THE DISCREPANCIES BETWEEN WHAT NEIL ENTWHISTLE SAID IN HIS AUDIOTAPED STATEMENT TO THE POLICE AND WHAT THE CRIME SCENE ACTUALLY SHOWED. CAN YOU WALK US THROUGH SOME OF THOSE? >> YES. THERE'S A MAIN POINT THAT TROOPER SERGEANT MANNING HAD TO PRESS HIM ON AND MAKE SURE HE WAS CLEAR, ENTWHISTLE WAS CLEAR ABOUT WHAT HE SAW BECAUSE THE POLICE KNOW WHAT THEY FOUND. ENTWHISTLE SAYS WHEN HE GOT HOME FROM DOING HIS E RANSD AT 11 IN THE MORNING ON JANUARY 20th HE FOUND HIS WIFE AND BABY DEAD IN BED AND HE FIRST SAW HIS WIFE AND THEN HE PULLED THE COVERS BACK. THEY WEREN'T COMPLETELY COVERED. HE COVERED THEM UP LATER. HE PULLED THE COVERS BACK AND HE SAW THE BABET AND BABY HAD BLOOD AROUND HER MOUTH WHICH WAS THE CONDITION WHEN THE BABY WAS FOUND A COUPLE OF DAYS LATER. HE SAID HE KNEW THAT THEY WERED AND HE KNEW THEY WERE SHOT AND HE SAW BLOOD ON THE BABY, BUT HE DIDN'T SEE ANY ON RACHEL'S FACE. THAT WAS INDEED HOW THEY WERE FOUND. THE BABY HAD BLOOD ON HER AND SHE HAD A WOUND, A FRONT TO BACK CHEST WOUND AND HER BLOOD SEEPED ON TO HER MOTHER, BUT THE POLICE -- RACHEL SHOT IN THE HAIR, JUST ABOVE THE HAIR LINE, HER FACE WAS UNTOUCHED AND THE POLICE DID NOT KNOW HOW THEY DIED. THEY KNEW THEY WERE DEAD, BUT THEY DIDN'T KNOW HOW THEY DIED UNTIL THEY MOVED RACHEL'S RIGHT ARM WHEN THEY WERE WRAPPED AROUND HER BABY. NEIL ENTWHISTLE SAID HE NEVER TOUCHED HIS WIFE OR BABE. HE JUST LOOKED AT THEM AND THEN COVERED IT UP. HIS DESCRIPTION OF THE BABY BEING SHOT IN THE CHEST AND SEEING A BURN HOLE IN THE BABY'S CLOTHES. AND THERE WAS A BURN MARK, THE GUN WAS PRESSED UP TO THE BABY'S CHEST. WHAT HE SAW AND WHAT THE POLICE FOUND AND WHAT HE SAYS HE DID WAS TOTALLY INCONSISTENT. THE PROSECUTION WILL ARGUE, I BELIEVE THAT HE PUT RACHEL'S ARM OVER THE BABY AFTER HE SHOT THE BABY. >> TOM KOCHKA, WHAT DO YOU DO WITH A PROBLEM LIKE THAT? >> YOU'RE GOING RELY ON SAYING HE'S IN SHOCK. HE SAID THIS. HE DOESN'T KNOW WHAT HE SAW. IT WAS SO OVERWHELMING WHICH WAS CORROBORATED BY HOW UNUSUALLY HE ACT AFTERWARDS. IT WASN'T IN HIS RIGHT MIND AND IT'S NOT ACCURATE AND YOU CAN'T VIEW IT AS AN INCONSISTENCY. HE'S BEING COOPERATIVE. HE'S TALKING WITH THE POLICE. TROOPER MANNING SAYS RIGHT THERE IN THE BEGINNING OF THE CONVERSATION, YOU'RE BEING AUDIO RECORD. YOU UNDERSTAND THAT, DON'T YOU? YES, I UNDERSTAND THAT. HE KNOWS HE'S BEING RECORDED AND EVEN AN INNOCENT MAN WOULD HAVE SOME INCONSISTENCES WHEN HE GOES OVER THE DETAILS IN A TRAUM ATTIC EVENT AND THAT'S THE ARGUMENT THAT THE DEFENSE WILL USE. BETH KARAS, BACK TO YOU BECAUSE ONE OF THE KEY THINGIS THAT THINK THE PROSECUTION WILL ALSO ARGUE IN THEIR SUMMATION WHICH I EXPECT IN ABOUT 20 MINUTES OR SO IS THE INTERNET SEARCHES WHERE SOMEBODY WENT ON THE LAPTOP, PRESUMABLY IT WAS EITHER NEIL ENTWHISTLE OR RACHEL ENTWHISTLE WENT ON THE LAPTOP A COUPLE OF DAYS BEFORE THE MURDERS AND RESEARCHED HOW TO KILL WITH A KNIFE, RIGHT? >> CORRECT. HOW TO KILL WITH A KNIFE, KNIFE IN NECK KILL WERE THE KEY SEARCH WORDS FOR TWO DIFFERENT SEARCHES EVEN THOUGH THE WEAPON OF CHOICE HERE, IT WAS NOT A KNIFE. NEIL ENTWHISTLE DID SAY IN A STATEMENT TO THE POLICE THAT HE $ED KILLING HIMSELF WITH A KNIFE, BUT HE BEINGN'T DO THROUGH WITH IT. IT WOULD HURT TOO MUCH, BUT THAT SHOWS THAT I MEAN, IF YOU BELIEVE ENTWHISTLE IS THE PERPETRATOR THAT HE WAS THINKING ABOUT KILLING AND AT SOME POINT TOOK A GUN OUT OF MATERAZZO HOME, HE KNEW WHERE THE KEYS TO THE GUN BOX WERE. >> YEAH. I THOUGHT ONE OF THE IMPORTANT POINTS THERE WAS ONE OF THE WEBSITES THAT HE LOOKED AT IF IT WAS HIM, OF THE WEBSITESED TO DO IT IN THE STOMACH BY THE RIB CAGE WHICH IS SIMILAR TO WHERE BABY LILLIAN WAS ULTIMATELY SHOT. BIG THANKS TO OUR CORRESPONDENT BETH KARAS REPORTING LIVE FROM MASSACHUSETTS TODAY. THANKS ALSO TO OUR GUEST WILLIAM KICKAM IN WILLBURN AND TOM KOCHKA AND CHRISTOPHER AMUSH IN NEW YORK. TIME TO CHECK IN WITH AMY FLOYD. LET'S FIND OUT WHAT'S COMING UP NEXT ON "BEST DEFENSE." >> I MISS YOUED GUY, BUT I HAVE TO SAY IT'S BEAUTIFUL IN SPAIN THIS TIME OF YEAR. IT WAS GREAT TO BE BACK AND WALK THE STREETS OF NEW YORK, MY FAVORITE CITY IN THE WORLD. WE JUST LEARNED, LISA, AS YOU KNOW THAT CLOSING ARGUMENT ARE GOING TO GET UNDER WAY SHORTLY ON OUR SHOW LIVE AT ABOUT 11:15 EASTERN AND I CAN'T GET ENOUGH OF O.J. SO HAPPY, LISA, THAT ON MY FIRST DAY BACK THERE WILL BE MORE DEVELOPMENT IN THE O.J. SIMPSON CASE AND WE'LL CHECK IN WITH JEANNE CASARES. >> THAT WRAPS UP MY TIME WITH YOU ON "OPEN COURT." I'M LISA BLOOM. I'LL BE BACK TOMORROW MORNING BRIGHT AND EARLY WITH MORE TRIAL COVERAGE. THANKS FOR WATCHING AND I'LL SEE YOU TOMORROW. |