Jun 24, 2008 6:01 pm US/Eastern
Judge Hands Jury Neil Entwistle Case
WOBURN (WBZ) ―
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Neil Entwistle in court Monday.
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During closing arguments, defense attorney Elliot Weinstein demonstrates how he alleges Rachel Entwistle could have committed suicide.
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Prosecutor Michael Fabbri points the gun used to kill Rachel and Lillian Entwistle, during closing arguments.
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Rachel and Lillian Entwistle.
AP
The fate of Neil Entwistle, now rests in the hands of the jury. Deliberations are set to begin Tuesday morning. Entwistle, 29, is accused of killing his wife, Rachel, and his 9-month-old daughter, Lillian, in their Hopkinton home in January 2006.
Defense attorneys for Entwistle blasted investigators Monday and claimed Rachel killed the couple's 9-month old daughter, then herself.
The jury took over the case at 9:15 a.m. Tuesday. Around, 3:30 p.m., they put forth a request for a printout of the computer activity logs from Entwistle's laptop computer for January 20, 2006 -- the day of the killings. Earlier in the day they had also asked for the audio tapes of Entwistle talking with detectives.
Both prosecutors and defense attorneys agreed to the jury's requests Tuesday. The jury left for the day shortly after 4 p.m., and the panel will return to Middlesex Superior Court Wednesday morning to resume deliberations.
During the trial, a computer forensic expert testified that Entwistle logged on to his computer and checked his e-mail at about 12:30 p.m. the day of the killings. That was about 90 minutes after he told police he discovered the bodies of his wife, Rachel, and their daughter, Lillian.
During closing arguments, Elliot Weinstein said Entwistle decided to "protect" his wife's honor and cover up her actions after he found Rachel and Lillian dead with his father-in-law's gun on the bed.
Entwistle's defense said he used his computer to look for jobs the day of the killings, but said that was before he found the bodies.
Prosecutors claim Entwistle killed his family because he was despondent over heavy debt and dissatisfied with his sex life.
Entwistle told police he returned home from running errands on Jan. 20, 2006, and found his wife and daughter dead in a bed in the master bedroom. He said he flew to his native England the following day because he wanted to be consoled by his parents.
Weinstein claimed investigators never considered the possibility of suicide.
"There were only two gunshots," he told the court. "First, Rachel put Lillian over where she though her heart was, and shot."
"The bullet traveled through the baby and into Rachel's left breast
Then she pointed the gun toward her head, steadied it with both hands, and fired."
In the prosecution's closing argument, prosecutor Michael Fabbri told the jury any suggestion that Rachel Entwistle killed herself was impossible, because the only place her DNA turned up on the murder weapon was on the gun's muzzle.
"The only place it (the DNA) would go when Mister Neil Entwistle pointed this gun at her head and pulled the trigger," Fabbri said.
Weinstein told jurors that after Entwistle found the bodies, he took the gun and drove more than 50 miles from his home in Hopkinton to his father-in-law's house to return it because he was "committed to not betraying Rachel's memory."
Police later determined it was the gun used to kill Rachel and Lillian.
"Neil was never focused on making a 911 call. How could he permit the police to come knowing that Joe's revolver on the bed would permit the police to know what Rachel did."
Earlier Monday, Weinstein rested the defense case without calling any witnesses.
Prosecutors rested their case in the morning, after playing a 45-minute recorded conversation Entwistle had with a state trooper on Jan. 26, 2006 -- five days after he returned to England. In the phone conversation, State Police Sgt. Robert Manning told Entwistle that the state medical examiner had ruled his wife and daughter died of gunshot wounds.
Entwistle had told the same trooper in an earlier conversation that he thought his wife and daughter had been shot, but left the house without calling for an ambulance because it was "obvious" they were dead.
"When I saw Lilly, you know, that's when I could see what happened," Entwistle said.
Entwistle asked Manning if the medical examiner was able to determine how quickly they died.
"I can't tell you that, but I can probably tell you that it was probably quick," Manning said. "I don't think they suffered much."
Entwistle choked up when he asked about his daughter.
"It was just the state of Lilly," Entwistle said. "The blood on her looked like it was more than just a shot."
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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