And now we wait. The defense finally showed their cards on Monday, with Elliot Weinstein closing the defense’s case with a not-surprising defense theory that “Rachel Did It”: That a depressed woman killed her baby, then herself. While advancing this defense at the last minute, in their closing arguments before…
The Kickham Comment - Boston Criminal Attorney Blog
Murder In Massachusetts: Entwistle Post #7 : The Week Ahead For The Defense
In my previous post I discussed how I expect that when the defense opens its case this week, it will offer as one (or more) of its chief witnesses, an expert in the field of depression and suicide in women. I wrote that I expect such a witness(es) will testify…
Murder In Massachusetts: Entwistle Post #6 : Prosecution Wrapping Its Case; Defense Strategy Seems Obvious
For a time yesterday (Friday June 20 2008) it appeared the prosecution may have finished with its last witness, State Police Sgt. Robert Manning, but a technical difficulty preventing the jury from adequately hearing the recording. Because of this, Judge Diane Kottmeyer decided to end testimony for the day. Sgt.…
Murder In Massachusetts: Entwistle Post #5: Defense Doing Its Job, But Doing Itself No Favors
Today’s testimony from Medical Examiner William Zane was graphic and disturbing. His testimony laid out in pathological, medical detail how both Rachel Entwistle and her baby, Lillian, died. What made the testimony difficult to absorb, apart from the fact that two innocent lives were stolen, was how calculated the murders…
Murder In Massachusetts: Entwistle’s Troubles Deepen
As I expected, Friday the 13th didn’t hold any pleasant surprises for Neil Entwistle. Before going into Friday’s developments, I want to comment on the style of the prosecutor in this case, Michael Fabbri. It’s obvious he is not a grandiose person, given to theatrics. Instead, he is taking a…
Murder In Massachusetts: Entwistle Trial Post #3
My apologies for not posting an entry last night, as promised in my last post. I appeared on Court TV (now called TruTV) on Wednesday, providing live commentary and analysis of the trial, and my time during the balance of the afternoon and evening became very limited. Well, in keeping…
Murder In Massachusetts: Entwistle Trial Post #2
Things aren’t getting much better for Neil Entwistle as the trial moves into its seventh day now. Of course, bear in mind that at this procedural point in the trial, it wouldn’t be expected that Entwistle’s world would look too bright, but as I said in my last post on…
Murder In Massachusetts: Entwistle Trial Moves Forward
Elliot Weinstein has his work cut out for him. So far, judge Dianne Kottmeyer has denied the attorney for Neil Entwistle’s motions for both a change of venue and dismissal of charges based on excessive pre-trial publicity. No reasonable legal observers expected the judge to grant either motion, especially the…
Repressed Memory Evidence Challenged In Massachusetts Sex Conviction
Paul Shanley, a former catholic priest with the Archdiocese of Boston who was convicted in 2005 of the repeated rape of an altar boy in the 1980’s, has filed a Motion for a New Trial, challenging the validity of the evidence used to convict him in 2005, reports the Boston…
Massachusetts Mandatory Minimum Sentencing – Part Two
My previous post on this topic talked about what mandatory minimum criminal sentencing is all about. Now I’ll speak to why it’s a bad idea. The principal reason advanced for enacting these kinds of law is deterrence: Make sure that no lenient (read: liberal) judge is allowed to reduce a…