Thursday, 4:30 PM
Defense lawyer: investigators made improper searches of Entwistle home
By Jonathan Saltzman and Andrew Ryan, Globe Staff
A defense attorney for Neil Entwistle filed a motion in court this afternoon that argued that all evidence in the double-murder case against the British man should be thrown out because investigators violated his rights when they entered his Hopkinton home to check on the well-being of his wife and infant daughter and found their bodies.
The motion, filed by Elliot M. Weinstein in Middlesex Superior Court, maintained that police entered Entwistle's home on Cubs Way without permission on Jan. 21, 2006 and made a "warrantless" search. Hopkinton police had been called by Rachel Entwistle's relatives and were asked to conduct a well-being search when they did not hear from her. Officers found nothing, but returned the next day and discovered the bodies of the 27-year-old mother and her daughter, Lillian Rose, under blankets in a master bedroom.
Weinstein argued that entering the house without the permission of an occupant violated Neil Entwistle's state and constitutional rights. "The searches conducted on January 21 and January 22 cannot be justified by any exigent circumstances," Weinstein wrote in the motion.
Judge Peter M. Lauriat was asked to essentially throw out the entire case against Entwistle. Weinstein argued that the investigation was the fruit of a "poisonous tree" because it began with two illegal searches. The evidence that Weinstein asked the judge to suppress includes:
--Anything seized during search warrants executed on Jan. 23, 25, 27, 31; Feb. 8, March 14 and 23; May 1 or 11; and Aug. 21;
--Anything seized by law enforcement agents in the United Kingdom;
-- Anything seized by federal authorities
--Anything seized from Entwistle's vehicle
--Anything seized from Entwistle's computers
-- Anything seized during a search of Entwistle's financial documents
-- Anything seized from Entwistle's Palm Pilot.
-- Anything seized from Entwistle's jump drives
-- All statements made by Entwistle to police.
