Friday, June 20, 2008

Entwistle Murder Trial – Day 11

~ Neil Entwistle
Jury hears the taped conversation, that may seal his fate.

On the stand – Trooper Michael Banks, homicide unit.

January 22, 2006 he was sent to Hopkinton, 6 Cubs Path at 8pm. He returned to Hopkinton Police Department.

He met with several officers and Sgt. Manning and some civilians. He left at 1am and went back to 6 Cubs Path with a number of officers and crime scene services.

Banks and Manning followed crime scene services into the home. He describes the crime scene services video-taping and process the bedroom.

The bed was photographed and as the layers were pulled back it was also photographed.

Banks saw Rachel lying on her side. The pillow seemed to peel of Lilly’s face due to a dried substance. Banks identifies a photo of the bed and Rachel and the baby faces.

Banks remained in the bedroom for a short time


Banks left the house while the house was processed. The bodies had been removed by the ME’s office.

They re-entered the house did their own photos and removed several items from the home per the search warrant.

They removed a Feline’s receipt and a shaving kit from the master bedroom bathroom. Banks identifies the items and they are marked.

They proceeded to the family room. The TV was on. They found a cordless phone and a cell phone next to the coach. Banks identifies the phones and they are marked for identification.

The dinning room had a table and numerous papers, mostly mail and a family photo.

The kitchen looked like a meal had been finished, but not cleaned up. They saw a camera, a desk. They saw a phone that was disconnected. On a shelf they saw 2 house keys. He identifies the keys in a photo. It is marked.

They took custody of the key and brought them to the DA’s office. He opens an evidence bag and identifies the keys, which are marked.

Next they went to the basement. The room on the left had a number of boxes as of someone was just moving in. Another small room off that contained a computer and some tools. He identifies photos of the computer and tools.

Banks is shown the laptop and he identifies it as the one they took into custody.

Banks is shown a photo of the cell phone in the TV room, which he identifies.

In the den, they went through the boxes that were there and he identifies a photo. There was a black document bin that contained various financial documents.

Banks says he spent a couple of hours at the home.

January 24th, he executed a search warrant on the BMW that was still at Logan. The vehicle was processed, Banks seized a garage door open, Dasani water bottle, a garage ticket, and keys, marked BMW and house keys. A sponge and another set of keys.

Banks opens a bag containing the keys they collected from the BMW and identifies the items.

Later, he went to the home in Carver. They interviewed Joe and Priscilla and removed the guns, ammo can, computer, rifles, gun case, and a document.

Banks identifies photos of the ammo can, gun case, computer, and the document they recovered. He now identifies the ammo can and pistol box and the .22 colt.

All the items closed and locked up in the home. He transported the to the evidence locker. The next day he took them to the crime lab. The lab inventoried the items.

January 26th, a second warrant for financial records at 6 Cubs Path. Banks identifies the documents that were seized.

He identifies documents pertaining to setting up a corporation, that he seized.

January 28th and the 31st he delivered search warrants to Larry James to examine the computers recovered from Carver and 6 Cubs Path.

Feb. 8th, he returned to 6 Cubs Path. They seized the butcher block of knives two pillows and map quest documents.

They checked the GPS on the BMW – found nothing of use.

March 2nd, he met with Gary Flood and received the evidence recovered in the UK and they had a debriefing.

March 14th he received trigger lock keys from Joe and Priscilla. He identifies them

March 21st, Banks went to the UK and he collected the records the DC’s had seized and conducted interviews. They gathered various business records. He identifies the records – subpoenas…Yankee Candles and Exxon Mobile, Capitol One, Citibank credit card account, Washington Mutual PayPal credit card account.

MBNA records on an account opened by Rachel, 911 calls for Hopkinton Police on January 20, Carver Police, and State Troopers Barracks. Comcast for service at 6 Cubs Path.

Getting into geography here: Hopkinton to Carver about 60 miles – Carver to Braintree, 40 miles…they cover a bunch of destinations…

April, Banks went to Logan and photographed ATM’s in terminals E & B as well as the #666, walk-up pay machine in the garage. Banks identifies the photographs.


No more questions.

Weinstein – cross

The laptop your retrieved from 6 Cubs Path, ever send it to be tested for fingerprints? No.

No more questions

Next witness – Robert Manning, Sgt. With MA State Police assigned to the DA’s office in homicide. He went to Hopkinton, 6 Cubs Path; then he went to the Hopkinton Police Department. We go through the same group of people. He spoke with Priscilla and Joe Matterzazzo.

He spent about 2 hours at 6 Cubs Path. He received a call from Joe at about 11:30am. He then returned to the station. At 1-1:30 on the 23rd, Manning called Clifford Entwistle and Neil. He spoke to Neil at 1:30. They spoke for 2 hours and the call was recorded.

Manning identifies the CD’s made of the phone call and they are marked as an exhibit.

Court on recess –

Transcripts are given to the judge, clerk and defense and jury. They jury will not have the transcripts in deliberations.

Tape being played – Manning tells Neil his wife and daughter, are deceased. Neil says he knew.

He knows the call is being recorded.

Neil says he went out on Friday morning. They got up at 7 and he fed Lillian. He went to the store for some computer equipment. He put Lilly back to bed at 9. He thought Rachel was awake.

He came back at 11; he called out to them and got no reply. He got a few things together downstairs. He heard no noise and he went upstairs and found them. He looked and saw what had happened. He had to get out of the house. He had no numbers to call the in-laws. So he decided to drive to their house. First he went to the kitchen and got a knife, but couldn’t do it. He got in the car and drove to Carver. He knew Joe had guns in the house and he thought he could finish it. He got to the house and the house key wasn’t there…Rachel must have removed. He decides to go to Priscilla’s office, but he couldn’t remember how to get there. He went to Logan Airport because it was the only place familiar. He wanted to let the emotions out, but they wouldn’t come out. He walked around a bit, but it reminded of being there with Rachel and Lillian. He got back in the car and drove around and got lost a bit. I couldn’t face going back to the house. Then I felt lost.

I drove around and stopped for gas, somewhere in Boston. I don’t really know my way around…I just followed signs.

The state that I’m in I know I didn’t do the right thing. I just couldn’t get it right in my head.

He went in Lilly’s bedroom and they weren’t there. He went to the master bedroom and he saw Rachel on the bed…he starts crying. It looked like she was asleep. The covers were partially up. They were half covered. I didn’t see Lilly right away. I couldn’t understand why Rachel was still in bed. Rachel was pale and then I saw Lilly. I pulled the covers back and that was when I saw…Lilly was such a mess. There wasn’t any blood on Rachel, it was all on Lilly. Her mouth and nose were covered by like bubbles. It’s obvious they weren’t alive anymore. Looking back I don’t remember seeing the house disturbed.

It was a small amount of time that I was out. There was no work pattern so it was erratic when we were in and out.

He says he came in through the garage. The front door would have been locked. The garage door I left open. The inside door wasn’t locked.

You left the door up? Uhh no, I closed it. When I got to the house it was open. I thought omg she’s going yell at me for forgetting to close the door.

The front was locked…I know it was shut…I don’t know if it was locked.

I called to let them know I was back. I have given Lilly breakfast and I was surprised all the things were out. I was a little mad at Rachel because why hadn’t she gotten up and cleaned the kitchen?

We had a set routine with Lilly…she'd get up at 7 and back to bed at 9 for a 1/2 hour and then back down at 12. I always fed Lilly and sometimes Rachel stayed in bed or went back to bed at 9.

I put Lilly in bed with Rachel before I went out. I don’t know if Rachel was asleep. When Lilly is in bed, she moves around a lot and I figured she would walk Rachel.

He wanted to go to Staples and Wal-Mart. I never found the Wal-Mart. I went to Staples where the big Stop and Shop. On Route 9? Yeah.

Did you buy anything? No, I figured I could get it cheaper at Wal-Mart.

Neil gives a rambling account of the shopping area and can’t say what town…Westborough? He was gone for a couple of hours.

He drove up and down Route 9 a couple of times. You just ran errands. Did you go to work? No, it didn’t work out. I didn’t even tell Rachel…I knew she’d be disappointed.

He says he was working for himself. Small bits and things.

Oh, the Staples where I was at, was next to Intrinsic. Their office is just next to Staples, but it didn’t work out.

I was pushing to get a permanent position. We just got the house.

I looked at Staples, but thought I could get it at Wal-Mart, but I could find it. When I didn’t find it, I thought we could go out together and get it. I got back to the house at 11. I’m pretty sure. I felt that’s when I got back.

Did you talk to Rachel by phone? No. We have a cell but it’s Rachel’s.

Saturday she planned on Priscilla coming over and they had friends coming that night. Neil says Rachel didn’t have plans on Friday or she wouldn’t have gotten up.

He says the car is at Logan. The plate is 65KW78…a white BMW, SUV.

You didn’t see anything at the house that alarmed you except the door was up. I know Rachel yelled at me the last time I did it. I do know that was open. I think the other door was shut.

For breakfast we hadn’t had anything and I thought we would have it later. Yeah, I fed Lilly her breakfast. Oatmeal, prunes, and pears mixed in a bowl. After breakfast before you brought her upstairs, was she playing in the playroom at all? She was fussing so I gave her some Cheerios.

Was the kitchen relatively clean? It wasn’t mucked up. Maybe one or two things from the night before. Some things on the counter. The house didn’t look any different.

You found them in the bed and there was some blood on your daughter. I didn’t see anything on Rachel.

What do you think happened to them? I don’t know…I been trying…it seems so clean cut…there isn’t.

Did you shake them? Obviously Lillian. I leaned over Rachel…it was just obvious.

Have you ever seen anybody dead before? No, only on TV. But, it was obvious. Did you touch them? No, I pulled the bed sheet over them to cover them up.

Why? I don’t know…it just seemed…it almost seems like I was closing them off.

You just moved into this house? Do you know about 911? Yeah, I did. Did it ever cross your mind to call 911? Looking back I don’t know what I thought. You’d think I would look at that and break down. But I just didn’t.

The first thing I wanted to do was be by myself. Were you in shock? I don’t know.

I pulled the covers over them, I pulled out the wide meat knife and pointed it toward me, but I knew it was hurt. Then I thought to get to Priscilla because I knew she would help me. I don’t know why I didn’t to call you.

I didn’t think to call the neighbors. I didn’t think they would be home anyway.

I didn’t call Joe or Priscilla because I don’t have their numbers. I just started driving. I went to Carver to get one of Joe’s guns to hurt myself.

I went to the garage…I don’t know if I locked the door. I just left with what I was wearing…what I’ve got here. Wearing blue jeans a blue sweater and a gray coat.

So you wanted to hurt yourself? You didn’t call anybody, 911 or grab a neighbor? No.

What happened at Carver? The house key was on the car keys ring, but when I got there it wasn’t on the ring.

Do you have the keys with you? No, they are in the car.

Did you know where Joe kept the guns? I knew they were in the bedroom. I drove down to the barn, I thought maybe there was a gun in the barn, but it was locked too.

What did you think happened to Rachel and Lilly? They had been shot? I saw a hole in Lilly…didn’t see anything on Rachel…I just assumed. There was so much blood on Lilly’s chest. Rachel had her arm across Lilly.

Did you move Rachel’s arm? No. So you don’t know if they were slightly breathing? No.

Did you leave the house right away? Yeah.

What happened when you couldn’t get into Carver? Well I was kinda coming around and I thought I would go see Priscilla in Braintree, where she works. I drove up there, but I couldn’t find it. I’ve been there many times, but I never drove there. I don’t know how long I drove around. Did you make any calls? No, I didn’t have anything with me. I didn’t stop to call.

What time did you get to the airport? It was dark. Did you get out? I kinda sat there for a while. I don’t know what was going on in my head. Yeah, I got out and just wandered around.

Did you get a coffee or something to eat? No, I don’t think so. Pretty sure not.

Did you ask for help? No. Did you talk to anybody? No. Did you call anybody? No.

It had been a while at this point. I go back in the car to go home and do something about it. I got lost. I filled up for gas. You don’t know where? I don’t.

You stop for money? No. Did you have any money? Maybe a little. I must have paid for gas with a credit card.

You never made it back to Hopkinton? No, I just drove around frustrated. Scared or frustrated? Yeah scared.

I decided I needed to be with someone. Who? My parents. Did you call your parents? No.

Did you call your folks when you got to London? No, I rented a car to drive up and see my folks. Did you talk to any friends? No, I’ve only spoken with my parents.

Are they helping you? Yeah, they know how long it’s been. Did you call Joe and Priscilla? I’ve tried several times and got the answering machine. You haven’t spoken to them? My dad did and then I spoke with Joe.

He asked what happened and I told him what I told you.
Did you tell him Lillian and Rachel were dead? I think my dad may have. I thought they knew. I don’t even know how they found out.

You came to this country, why? We wanted…Rachel wanted to be closer to her mom. We wanted Lilly to be raised in the US. Things were going ok? Yeah, fine. Things were going fine.

What are you going to do now? I don’t know.

How did you know to go to the house? After so many days nobody had heard from them. Ok.

What are you going to do about funeral arrangements? Did you think about that? No.

Are you going to stay in England? I don’t know what I’m going to do. I don’t know in terms of getting back to the States.

Because of what you saw you felt you needed to be with your parents? Yes, I feel sorry for Joe and Priscilla. It was wrong.

For you to go to England? That’s not for me to say.

We're just glad you are ok. I never thought of that. That Joe and Priscilla wouldn’t know where I was.

When you found Rachel and Lilly, did it ever cross your mind to call 911? No.

The bodies will be taken to the ME’s to try and determine how they died. Ok.

You’re going to stay with your parents? Yeah I have nowhere to go. I have no idea what I’m going to do.

Anything else you can tell me. You left at 9 and came back 11? Yeah, yeah.

Who knew you lived there? Just some family…we didn’t know the neighbors yet. We met the hospitality lady. She knew we moved in from the landlady.

Anything going on in business that may be why this happened? No.

Rachel didn’t have any situations that would make something like this happen? No.

The house wasn’t disturbed. I didn’t see anything.

Were there any disagreements with the family? No family was great.

Are you under a doctor’s care? No.

You’re not depressed? No, I see what you mean.

I haven’t even cried yet, not properly. I shed a few tears. It doesn’t seem real.

Let me tell you it is real, buy I have a hard time understanding why you didn’t call 911. Yeah, I can see that.

When two bodies are found, the police investigate to see what happened. I wish you were here so I could talk to you in person. Yeah.

I like to throw out there; something out of character occurred? Something out of character?

You said you wanted to hurt yourself right a way? Yeah.

I’m trying to understand why you said that. I don’t get what you mean.

I’m wondering was there a situation that happened that was out of character. That I wanted to kill myself?

No, that’s not what I’m saying; I’m asking why you wanted to harm yourself? It just went through my mind after seeing that. Almost like I wanted to be with them.

You took an awful lot of steps not to be with them. I don’t know what you are trying to say.

You drove to Carver which is 40 miles away. You wanted to talk to Priscilla and Joe because something bad happened? Did a situation take place at house? You mean did I have anything…. No, no.

No because, no. That... no, I couldn’t do that. Why would I do that?

I’m not saying you did it. Just asking what happened? It was just a normal day.

Sometimes something crazy happens. I’m just asking…you’ve done a lot of things not to be with them? I see what you’re saying. I don’t know what to say to you.

We need to find out what happened. Yeah.

You find your wife and daughter like that, you don’t call the police, her mother and father or any friends. You grabbed a knife to be with them but, you took a lot of steps not to be with them. I was scared; I knew it would hurt.

You didn’t do anything to help them? I didn’t think there was anything to help them.

You didn’t bother to see if they were alive…you didn’t call for help. Is there anything thing you can tell me? I see what you are saying. I never considered someone would think I did this.

Surely, I just don’t know why…they were just like I left them.

You talked to Rachel before you left? Yeah.

Did Rachel take Lilly from you? Yeah, I think Lilly was playing.

What was Thursday like with you guys? You’ll have to give me a while.

When you went to bed on Thursday we’re you guys ok? Yeah…I stayed up watching TV. Oh I was reading in the small living room.

What time did Rachel go to bed? Around 11pm. Yeah we watched a bit of a movie. As the news started I picked up my book again. I was maybe going to bed a 1/2 hour later.

When you woke up Friday morning, you grabbed Lilly and went downstairs; did you play, watch TV, and eat? We got up at 7, Rachel breast-fed her and then I brought her to the small room, but it was cold. I went to the living room and we played there. I should have turned the heat on. Was the TV on or off when you left at 9am? I don’t know.

What can you tell me to help me out? I wish I could tell you…I don’t…I don’t know who…I don’t understand…there’s no on person…that aren’t any cross words…I’ve been talking to my parents…I don’t know what else…I can only guess…

You want me to keep in touch and let you know what’s going on? Yeah, I’d really appreciate that.

Manning gives him a bunch of contact numbers here.

Sound bites on the tape:

ritianita: He says he left the garage door open. He told his friends he left the back door open.

He knows there is a hole in Lilly's jammies... only way he could know that was if he lifted Rachel's hand. So much blood on Lilly. He didn't move the arm! Guilty!!!

Notice, no mention of all his attempts to get cash out of the ATM's.

Am I alone in thinking Neil is trying so hard not to understand when Manning is obviously saying he suspects him of murder?

Intepid: He's so very detached sounding, isn't he? Totally disconnected emotionally from his dead wife and child.

Kitty Malone: it sounds as though he is faking emotion. His little whimpers won't be winning any Academy Awards!

He stumbles and sighs so much - he sounds so guilty. What he says and how he says it speaks VOLUMES!

He is totally making this up as he goes. A person telling the truth would not stall and stutter as much as he does! Especially when the questions posed to him are fairly simple questions. HE CONTINUALLY hesitates!

Manning on the stand and relates a phone call he had with Neil the next day:

Manning received a call from Neil Entwistle on January 24, 2006. Since the call was to his office, he was unable to tape it. He informed Neil he would be taking notes and he agreed.

He stressed to Neil he didn't want to go into the finding of the bodies. He just wanted to talk about Neil's activities on the 20th.

Neil reviewed with him the information he had given him the day before.
He didn't buy anything in Staples, was shopping for wireless computer gadget.

Matterazzo home in Carver: Neil said he didn't get in and didn't have key on BMW keychain. He said Rachel had lost it after they had taken over the Hopkinton residence but still living in Carver.

Did he have a spare key? In doghouse on Carver property. Rachel knew about the key.

BMW: Where were keys to BMW? Neil said they were in the armrest.

Why did he leave the keys there? So he would have them when he came back.

When was he coming back? He'd spoken to Joe and thought he perhaps should be there.

Funeral arrangements would be made.

Thursday, Jan. 19 activities.

Neil told him they were home all day Thursday and how they'd given Lilly a bath at bedtime. He explained about the music they played while she went to sleep.

After Lilly went to bed they watched TV and Rachel went to bed first and he went to bed later. Rachel "kind of" woke up, they cuddled a while and they went to sleep.

Last time he had sex with Rachel was on Wednesday and he didn't want to go into too much detail and he wasn't comfortable discussing it.

Asked if he had ejaculated when he had sex. He said he did not, something to do with birth control. He said he did not ejaculate at all.

Friday morning prior to 9 AM. He awoke, Lilly awoke, Rachel breast fed her, he took her down and fed her cheerios and some other cerial. She didn't eat much. He took her to toy room and played a while, got cold, went to TV room. Close to 9, he put Lilly in with Rachel and washed up. He went out.

On return from his errands, he came back to the house (said they don't have to go into finding bodies). He didn't call 911 and went to Carver. He didn't get in again, needed time to clear his head, drove around, tried to find Priscilla at work.

Asked if he tried to call Priscilla or Joe. Neil said he didn't call. He only acknowledged knowing the Carver home.

Joe Matterazzo's firearms: Neil said he went to Carver home to get Joe's gun. He assumed they were in the bedroom. If not, they'd be in another room.

Condition of guns: Neil knew the guns had locks on them and he was with Joe when he bought the locks. He knew Joe kept them in a black bag. Neil knew about the keys and was aware that the keys were somewhere in the house, knew what they looked like and could have found them.

Finances: Neil told him what credit cards. He said they had money they brought over from England. Rachel had an account with Priscilla. They were getting on track in US.

They spoke about medical exams to be done, and Neil said that he could call any time.

Jan. 24, about 7:30. Manning called Neil. The call lasted about 45 minutes.

It was recorded.


Tape of the next conversation:

Results from ME, he reminds Neil he is recording the call. Neil has no problem with it.

Manning: Doctors determined cause and manner of death. Both Rachel and Lillie died of gunshot wounds. Manner is still suspicious.

It's hard to hear Neil.

Death is Foul Play.

The tape is too difficult for the jury to hear, so the judge adjourns court till Monday. (They were going to end the session at 3:30 today, anyway.)

Have a great weekend and watch for a special blog edition over the weekend!

Thanks for co-reporting ritanita, as always.