Talk Radio, Neil Entwistle Trial, Hopkinton Murders

WILL HE WALK?

Warning To Talkers: Get Ready For A Biggie!







On the basis of a potential technicality, the biggest miscarriage of justice since OJ could occur today in a Massachusetts courtroom. Is talk radio ready for a public firestorm?

According to two reports in today's Boston Herald, accused double- murderer Neil Entwistle may walk if his lawyer can convince a local judge that police improperly searched his home without a warrant.

Prosecutors contend they entered the residence to look for Entwistle's missing wife and infant daughter, who were found dead in one of the bedrooms, giving them every legal reason to be inside the house. At the time, Neil had already fled the country.

If Entwistle is freed and allowed to board a plane back to his native England, expect outrage on both sides of the Atlantic.

From the Herald's coverage, written by Joe Dwinell:

Judge Kottmyer can, real soon, grant an accused double-murderer a skip jail card. Or not. Defense attorney Elliot Weinstein (pictured at left) hopes she catches his legal long bomb.

Weinstein just filed his last plea arguing police violated his client’s Fourth Amendment rights by conducting a “warrantless search” on his house. This cagey barrister brings up a point that drills down to the very foundation of our Constitution.

The Colonists hated when the Redcoats invaded their houses, so they made sure We the People stood up for illegal searches. (See David McCullough’s book “1776,” he has a lot to say on illegal search and seizure by the Brits.)

Elliot Weinstein says — in court papers — this is exactly why the judge should suppress mountains of evidence in the case against Neil Entwistle. The cops had no right going into Neil’s house, he states, and they especially should never have returned again without a warrant. As you know, police discovered the murdered bodies of Rachel, 27, and Lillian Rose, 9 months, on Sunday, Jan. 22, 2006, after going through the house again.

Assistant District Attorney Michael Fabbri says that’s silly, in so many words.

The hard working Hopkinton police were exercising their “community caretaking function,” he writes in his final appeal to the judge.

A young mom with her 9-month-old girl was missing. The dad (at right) was nowhere to be found (he was on a jet heading to England) and police just wanted to help worried family and friends.

Dwinell also says that regardless of which side wins, expect appeals, but any ruling in Entwistle's favor would create an explosive public reaction.


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