Judge won't exclude Entwistle evidence

A judge has rejected a motion by Neil Entwistle's lawyers that called for most of the evidence in his case to be thrown out, ruling that police did not violate his rights when they entered his Hopkinton home without a warrant in January 2006 and discovered the bodies of his wife and infant.

In a decision filed Aug. 30 in Middlesex Superior Court, Judge Diane M. Kottmyer agreed with prosecutors, who argued that police were justified in entering the house because Rachel Entwistle had not responded to phone calls from family and friends and they feared for her safety.

"The officers never stepped out of their community caretaking role," Kottmyer wrote in a 22-page decision. "In these circumstances, I find that the entries into the Entwistles' home were reasonable and did not violate . . . the Fourth Amendment prohibition against unreasonable searches and seizures."

Officers first entered the home the night of Jan. 21, after Rachel Entwistle's mother told police she was concerned because she had not heard from her daughter in three days. Police used a credit card to open the lock, looked inside, but found nothing. The next night, police returned to the home at the request of the family and found the bodies of Rachel, 27, and the couple's 9-month-old daughter, Lillian.

Prosecutors have alleged that Neil Entwistle, 28, used his father-in-law's handgun to kill them before fleeing to his native England. They have theorized that the unemployed engineer was despondent about his finances and had planned a murder-suicide, but did not take his own life.

Defense motions to throw out evidence are common in cases in which police search without a warrant and discover evidence. Entwistle's lawyer, Elliot M. Weinstein, argued that it was it was not an emergency when police entered the home, a stipulation required for warrantless searches. Weinstein said yesterday afternoon that he had not yet read the judge's order, but said he probably would appeal to the Supreme Judicial Court.

Joseph Flaherty, a spokesman for Rachel Entwistle's parents, Priscilla and Joseph Matterazzo, said yesterday that the family was pleased that the case was moving forward.

"This was an effort to keep physical evidence from coming into trial," Flaherty said. "They are happy that the evidence will be presented at trial."

Andrew Ryan can be reached at aryan@globe.com