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Judge: Police Justified In Searching Entwistle Home

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Posted by: kwflatbed

Man Facing Murder Charged In Deaths Of Wife, Baby

CAMBRIDGE, Mass. -- A judge has rejected a bid to toss out evidence against a man accused of killing his wife and infant daughter based on his claim that police should not have searched his home without a warrant.

Middlesex Superior Court Judge Diane Kottmyer found that police were justified in searching the Hopkinton home of Neil Entwistle in January 2006 after family and friends said they were concerned about Rachel Entwistle and her daughter, Lillian Rose. Rachel Entwistle had not returned telephone calls or answered the door.

Entwistle's lawyers argued that any evidence taken from the home and his car was seized illegally and should be suppressed at trial because police lacked a warrant.
In a ruling dated Aug. 30, Kottmyer said police were acting in their role as community caretakers when they entered the Entwistle home and searched.

Police initially went to the home on Jan. 21, 2006, after friends showed up for a dinner party and no one answered the door. Police looked in the upstairs bedroom but did not see anything suspicious.

The next day, police visited the home a second time, after Rachel Entwistle's mother filed a missing person's report. During that search, police detected an odor and discovered the bodies in an upstairs bedroom cuddled together under a thick comforter.

Prosecutors have said they believe Entwistle killed his wife and daughter because he was despondent after accumulating tens of thousands of dollars in debt. They also have said Entwistle may have planned to commit suicide, but instead fled to his parents' home in England.

"As we argued for the court, we believe the police entries of the Entwistle home that resulted in the discovery of Rachel and baby Lillian were lawful and justified, and that the evidence is admissible," said Corey Welford, a spokesman for Middlesex District Attorney Gerry Leone.

Stephanie Page, an attorney for Entwistle, declined immediate comment on the judge's ruling.

Entwistle's trial is scheduled to begin Oct. 1.

http://www.thebostonchannel.com/news...39/detail.html



Posted by: Kevin

The Judge, Diane Kottmyer, was a close freind of Bulger gang member John Connolly.



Posted by: alphadog1

She made the right decision.



Posted by: kwflatbed

Quote:
Originally Posted by Kevin
The Judge, Diane Kottmyer, was a close freind of Bulger gang member John Connolly.
What the hell has that to do with this thread ??





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