Final pretrial hearing

Over 20 motions were argued today at the final hearing before the start of Neil Entwistle's trial.

First, the defense moved to dismiss the charges against Entwistle, and if that failed, to move the trial to Edgartown, Martha's Vineyard, where jurors would be less likely to have been exposed to media coverage of the case. Elliot Weinstein pointed out several examples of the media coverage that he says universally portrays Entwistle as guilty. Entwistle has been the subject of former Boston Herald reporter Michele McPhee's radio show every night for the past week, and on Tuesday she is releasing a book entitled Heartless: the True Story of Neil Entwistle and the Cold Blooded Murder of his Wife and Child. Additionally, Weinstein said that Google returns 165,000 hits for Entwistle's name. Judge Diane Kottmyer, however, denied both the motion to dismiss and the motion for a venue change.

In another motion discussed today, both sides wanted jurors to tour relevant locations, such as Entwistle's home in Hopkinton and his in-laws' home in Carver, which the judge seemed willing to allow.

Additionally, the defense moved to sequester all witnesses, while the prosecution moved to exempt Rachel Entwistle's parents, brother, and friend and allow them to watch the trial instead of being sequestered. Judge Kottmyer ruled that the friend, Joanna Gately, must be sequestered because she is an important factual witness, while the parents and brother are exempt, with the exception that the parents cannot be present during each other's testimony.

Furthermore, the judge allowed the prosecution's motion to show a picture of Rachel and Lillian alive to "humanize" the proceedings, but she denied their motion to use a baby mannequin to demonstrate how Lillian was killed.

The judge did not rule on the prosecution's "bad acts" motion, an attempt to introduce evidence of Entwistle's incriminating Internet activities and statements. She did say, however, that she would put a limit on the amount of such evidence, if any, that could be admitted.

The courtroom was pretty crowded with reporters and family members (of Rachel, not Neil), but I got there early and had no trouble finding a seat. The building is a lot newer and cleaner than the old courthouse in Cambridge. Entwistle looked much the same as usual, wearing a dark gray suit and navy blue tie. He seemed to smile when he entered the room, and he wore chains at his ankles but no handcuffs.