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[0:00] ..." And have a sentencing that's what Neil Entwistle is awaiting after being found guilty yesterday of the murders of his wife and his infant daughter and joining us. Again today to talk about the trial is noted Boston defense attorney. Al Johnson Al it turned out the ways you predicted right."...
[0:48] ..." approach not a hard copy print not. Of the computer activity. Of Entwistle now Entwistle said that he'd been looking at his computer before the murders looking for jobs. The state said that it was after the"...
[1:11] ..." these girls are looking for inconsistencies and there were many. And Neil Entwistle many many inconsistent statements to the police following this horrendous crime. One of which of course was the fact that he would"...
[2:36] ..." excuse me that's true but the Supreme Court of the United States is that over and over. The judges who perceive pretrial prejudicial publicity. -- is sequestered jurors jurors and must change of venue"...
[3:30] ..." with -- noted Boston defense turning L Johnson about the Entwistle. Case as a defense attorney let me ask you to put yourself -- Weinstein's shoes or his -- cowboy boots. And do you ask the Entwistle hate tell me the truth did you do it or do you. Not ask because you're job is to present a defense"...
[4:48] ..." It would back to my question Al do you as a defense attorney ask your client I mean this goes to -- arrests in the frankly a vote of council."...
[5:19] ..." Earlier the but the whole business about the gun being taken by Entwistle back to Harvard to protect the honor of his wife. We have to presume that that statement that did that story came"...
[7:24] ..." these questions addressed during jury Guardia by this judge. I think that attorney Guardia is something which must be considered by the court in almost every community in the United States. "...
[8:39] ..." case makes its way through the appellate process that is Boston defense attorney. -- Johnson on WBZ"...
[0:00]" And have a sentencing that's what Neil Entwistle is awaiting after being found guilty yesterday of the murders of his wife and his infant daughter and joining us. Again today to talk about the trial is noted Boston defense attorney. Al Johnson Al it turned out the ways you predicted right."
[0:16]" I didn't I think that this certainly was motive and opportunity in this largely circumstantial case but. You know much has been set about the fact that it was strictly circumstantial. Very few murder cases recipient witnesses. Those who see an act of murder committed so not a usual I think there's. Circumstantial case was buttressed by ample -- the government presented by via the prosecution."
[0:44]" What are the things that we know but the jury deliberations based on what they as a judge for was approach not a hard copy print not. Of the computer activity. Of Entwistle now Entwistle said that he'd been looking at his computer before the murders looking for jobs. The state said that it was after the murders that he was so -- and he went and his computer after. He shot to death his wife and his his daughter what do you read into that is far as the jury was concerned."
[1:10]" Absolutely nothing I think these girls are looking for inconsistencies and there were many. And Neil Entwistle many many inconsistent statements to the police following this horrendous crime. One of which of course was the fact that he would do are driven to the father in law's home in carver Massachusetts with a weapon but was unable to do it and in arguments and jury. It is lord has said that he didn't practice and he returned the weapon to where it was originally kept that's just -- I'm very concerned that with two things. First I think that the courts are going to have to come to grips with cases of high visibility weather is. Pretrial prejudicial conduct which must compromises -- I think this judge -- have sequestered the jury at least during deliberations and it's highly improbable. That one of those heroes was not affected by pretrial prejudicial publicity or publicity -- during the."
[2:17]" Yeah although judge -- mired did ask before the first did deliberations and before the second and final day of deliberations those questions and they all. Told her in court did the did not discuss -- influenced by anything else before they made -- let me let me switch over to."
[2:36]" excuse me that's true but the Supreme Court of the United States is that over and over. The judges who perceive pretrial prejudicial publicity. -- is sequestered jurors jurors and must change of venue and must continue a trial. Because jurors who claim to be impartial from simply cannot be trusted."
[2:57]" And who as far as a change of venue goes L Johnson. We're would you move due to if if you were -- Todd Meyer."
[3:04]" It is unlikely you could find anywhere whether the conduct was not known. Body -- by a potential bureaus so it's very difficult to change venue I admit that. However a judge can continue her case simple publicity subsides and a judge can. And good and must sequestered jurors during a trial and especially during deliberation."
[3:30]" with -- noted Boston defense turning L Johnson about the Entwistle. Case as a defense attorney let me ask you to put yourself -- Weinstein's shoes or his -- cowboy boots. And do you ask the Entwistle hate tell me the truth did you do it or do you. Not ask because you're job is to present a defense the war in this case -- reasonable doubt. In the minds of the jury."
[3:57]" Contrary to public opinion. It is not a defense that -- to create reasonable doubt and I am very very concerned. About the fact that there was a serial murder suicide. What could put forward by the defense in this case which apparently had not indecent so -- evidence to back it up. I think that there was such evidence of murder suicide it should have been presented his -- it would defense council's duty to defend. I'm very concerned about the fact that it was made out of Oklahoma apparently. And -- the world not simply. Conjecture and surmise then this could have been evident presented by its forensic. Scientists by people who study these things on a regular basis who could appointed. As effective murderous suicide was --"
[4:48]" It would back to my question Al do you as a defense attorney ask your client I mean this goes to -- arrests in the frankly a vote of council."
[4:58]" crosscourt to do I've never had a case in my life that and I pride isn't pretty three jurisdictions right haven't. Absent any potential dependent very dependent well I'm not he committed the crime quirk."
[5:11]" Sold the the notion that it was murder suicide even though it was never introduced directly in court it was a sort of -- suggestion made. Earlier the but the whole business about the gun being taken by Entwistle back to Harvard to protect the honor of his wife. We have to presume that that statement that did that story came from -- whistle wasn't made up by his attorneys."
[5:33]" That's the problem I'm not convinced at all that it hasn't made up -- applause I'm not convinced at all but it can department whistle. I think that. That the demands council may have received -- duty was to create reasonable doubt that is not a job of the defense lawyer. The government -- where it is to make sure that the government presented evidence beyond a reasonable doubt and in Massachusetts to a moral certainty. In not to create doubt and if you create -- coming up was what kind of a period it has no basis in fact. At all no basis in evidence panel. You've got a problem because if there was evidence of such murder suicide then expert witnesses should have been produced. In order to buttress that evidence and insecure for the defense they've viable theory there's been just made no sense whatsoever."
[6:28]" Al quickly via a supreme judicial court will as a matter of a law review this case. The defense attorneys say that they've got a couple of of appellate things that they want to hang their case on now one being the change of venue decisions to deny which you good into earlier. The other being the way to the Hopkinton police entered the home without a search -- They said they were doing so the police did based on a request by the family to do wellness check to make sure that everybody was okay inside. I didn't do those particular argument hold any water at this point."
[7:03]" I don't think so I think that the court should consider. And it ought to be brought to the attention of -- court. And the question of sequestration -- requested. Number one and number two I think it is highly likely that the jury that these Supreme Court. Good to be made aware of these questions addressed during jury Guardia by this judge. I think that attorney Guardia is something which must be considered by the court in almost every community in the United States. "
[7:36]" of one deer is you -- you gotta tell the other side which -- got you get at least two witnesses you have to outline your evidence."
[7:42]" You know two people wanted to -- that the questions of their past the potential jurors. Must be asked in order to determine whether or not truly in different whether or not they can really come to a decision based upon the evidence they've -- court. And not the evidence of that period in the media private trial those questions which are passed by the judge. Out of a book which he has in front of her. Are simply not sufficient in his -- to determine whether euros in different. And I predicted that sometime in the commonwealth of Massachusetts is going to have to realize. That they must allow defense lawyers and prosecutors and lawyers to ask the questions on board did and not just the judge. In Massachusetts the judge only. And ask those questions."
[8:31]" Yeah and I noted there early on one Sunday complain about that Al thank you very much sheriff for your insight will will continue to check in the news that a case makes its way through the appellate process that is Boston defense attorney. -- Johnson on WBZ"
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