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Nancy Grace

Entwistle Arraigned

Aired February 16, 2006 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

NANCY GRACE, HOST: Tonight, breaking news. Murder suspect 27-year- old Neil Entwistle appears in court today, facing double murder charges for the shooting death of his wife, Rachel, and his 9-month-old baby girl, Lillian. Is he under suicide watch? What exactly are the charges? Why could he not declare himself not guilty in open court? Is he already setting up an insanity defense? We are live at that Massachusetts courthouse.
Good evening, everybody. I`m Nancy Grace. I want to thank you for being with us tonight. Tonight, we are live for breaking news out of Massachusetts, 27-year-old Neil Entwistle arraigned today just hours after touching down on U.S. soil, arraigned on formal charges he committed two deadly crimes, the double murders of his wife, Rachel, and 9-month old baby girl, Lillian.

(BEGIN VIDEO CLIP)

ELLIOT WEINSTEIN, NEIL ENTWISTLE`S ATTORNEY: It`s clear now that Mr. Entwistle has been formally charged in this court with two crimes of murder.

JOE FLAHERTY, RACHEL ENTWISTLE FAMILY SPOKESMAN: To think that someone we loved, trusted, opened our home to, could do this to our daughter and granddaughter is beyond belief.

WEINSTEIN: All of our efforts will be to see that he receives the fairest of trials, with the expectation of him being exonerated and held to be innocent of that which he is now charged.

FLAHERTY: We are now only coming to realize the level of his deceit. We are astonished and devastated to learn of the hidden life of Neil Entwistle.

(END VIDEO CLIP)

GRACE: Well, that so called hidden life may not be hidden any longer. Just hours after touching down on American soil, Neil Entwistle in court, a little date with Lady Justice!

Let`s go straight out to the editor-in-chief with "Metrowest Daily News," Richard Lodge. What happened in court today, Richard?

RICHARD LODGE, EDITOR-IN-CHIEF, "METROWEST DAILY NEWS": Good evening, Nancy. Today, after days of anticipation, Neil Entwistle spent only three days -- three -- excuse me -- three minutes standing in court, didn`t say a word. He was arraigned today on two counts of murder, as well as firearm charges. He was then driven off to a holding cell in a jail in Cambridge.

GRACE: What firearm charges?

LODGE: Well, it`s one count of illegal possession of a firearm and one count of illegal possession of ammunition.

GRACE: Well, where did those come from?

LODGE: Well, those are part of this whole case, Nancy. Of course, there`s the two murder charges, but Neil also is charged with taking a firearm from father-in-law`s gun collection and using it to kill his wife and daughter and then returning the gun to the Matterazzo house in Carver.

GRACE: I understand. Let`s go to Naomi Goldstein, our producer standing by there at the district court, also in the courthouse today. Naomi, why did Entwistle waive the formal reading of the charges in court?

NAOMI GOLDSTEIN, NANCY GRACE PRODUCER: His attorney made very clear that he had made the charges -- he had told him what they were and he was aware of what they were already, so he just waived them.

GRACE: Let`s go to our "Star Chamber" tonight. Joining us, a panel of three well respected and veteran trial judges, all three of them from different parts of the country, all three of them having handled homicide cases in the past. Let`s go straight out to a judge out of the Atlanta jurisdiction, judge Gino Brogdon. He has handled multiple homicide cases. Welcome, Judge Brogdon. Isn`t it true, Judge, that when a defense attorney does not want the formal charges read in court, the reality is they don`t want the impact of that formal reading heard by the cameras, heard by the public, by the people sitting in the wells about how he killed Rachel and baby Lillian?

GINO BROGDON, FORMER JUDGE, FULTON CO., GEORGIA, SUPERIOR COURT: Absolutely, Nancy. The fact that there are cameras there, the fact that the world is watching makes the lawyer say, We`re not going to have that read, and kind of increase the impact on the public and on the viewing eye around the world. So it definitely is a statement about what cameras do in the courtroom, and the lawyer wants to get that over as soon as possible.

GRACE: Oh, yes! You`re not kidding! Let`s go straight out to a Texas judge. He`s a former judge out of Harris County. Judge Ted Poe also handled homicide cases -- all three of these judges veterans off the bench. Judge Poe, when I would read an indictment in court, I would let it rip. Reading it, let me just say, with verve...

TED POE, FORMER HARRIS COUNTY, TEXAS, JUDGE: No question about it.

GRACE: ... so everybody that heard it would know exactly how I intended to prove a murder case. Now, don`t you know this defense attorney would rather crawl up under the table than hear that formal reading in court?

POE: No question about it. He doesn`t want to hear it today, but he`s going to hear it. When this case goes to trial, the prosecutor`s going to stand in front of the jury of 12 men and women and going to read that indictment with a lot of passion and let that jury know up front exactly what the accusations are. And it is an emotional event.

GRACE: And to a lady judge joining us tonight out of the New York jurisdiction, a trial veteran herself, Judge Margaret Finerty, also a formal judge on criminal courts. Judge Finerty, another issue today -- the lawyer answered, "Not guilty." Judge, do you remember when O.J. Simpson answered with so much drama, "100 percent not guilty"? When it came for Entwistle to speak, he went silent, looked around the courtroom, and his lawyer stepped up to bat and said, "Not guilty." Why can`t the man speak? Is it because, Judge, he doesn`t want to set up a suggestion that he is coherent, understands what`s going on around him? Are we seeing the beginnings of an insanity case?

MARGARET FINERTY, FORMER NEW YORK CRIMINAL COURT JUDGE: I think you may be. Absolutely right, Nancy. It is -- I mean, it`s not unheard of for the lawyer to enter the plea. Sometimes even the judge enters the plea for the defendant, if the defendant doesn`t yet have representation. But one would think that he would want to proclaim his innocence to the world, just as O.J. did from the get-go. And we`re not -- we didn`t see that today, so I think you may be absolutely right about what he might be trying to set up for the future.

GRACE: Judge Finerty, when did you become -- get on a first-name basis with Orenthal James Simpson? I noticed you called him O.J.

(LAUGHTER)

FINERTY: Well, I`ve never met the man personally, so...

GRACE: Well, I`m glad, very glad to hear it.

Take a listen to what the defense lawyer for Entwistle had to say.

(BEGIN VIDEO CLIP)

WEINSTEIN: I am certain that anybody watching this telecast or reading the reporting of today`s arraignment has already formed an opinion with respect to Mr. Entwistle`s guilt, and that opinion is based upon the reporting and that opinion is based upon absolutely no facts and absolutely no evidence.

It`s clear now that Mr. Entwistle has been formally charged in this court with two crimes of murder. By his plea of not guilty, the process that we think is important in this country of justice and fairness is under way.

(END VIDEO CLIP)

GRACE: Now, the lawyer goes on to say he is not trying the case in the media, he`s going to try it in the courtroom. He came out and basically scorched the media. But the reality is -- to Richard Herman, joining us tonight, defense attorney -- he came out and blasted the media, said he wasn`t going to give any statements. So why did he have a press conference?

RICHARD HERMAN, DEFENSE ATTORNEY: Hey, Nancy our vice president mistakenly shoots his friend, there are soldiers dying in Iraq daily, and the lead news story is Entwistle. He`s trying to get a fair trial. He is very concerned with stealth jurors coming in there with missions, and he is doing -- he`s going to do everything he can to try to ensure that he gets a proper jury.

GRACE: Are you going to answer the question, Richard? Are you going to answer the question?

HERMAN: He`s not going to try the case in the public.

GRACE: But why are you talking about the old ball and Cheney?

HERMAN: Ball and Cheney? Because he shot his friend!

GRACE: Yes, well, that has nothing to do with Entwistle. You know what? Never mind. I`ll give you a few moments to think that over.

Joining me now, Joe Flaherty. He is the spokesperson for Rachel and Lillian`s family. Mr. Flaherty, thank you for being with us. I saw you speaking out in front of the courthouse today, with Rachel`s family standing behind you. How are they tonight, after this appearance in court by Entwistle?

FLAHERTY: Well, Nancy, you know, they`re very grateful for the hard work, and they`re very thankful that there was an arrest in this case and that somebody will be brought to justice. However, at the same time, it`s of very little comfort to the family. This doesn`t bring Rachel and Lillian Rose back to them, and they`re, you know, steeling themselves for a very long process here.

GRACE: What did they expect to happen in court today?

FLAHERTY: Well, the prosecutor, Mike Fabbri, obviously talked to the family and all of us before going in there, made them aware that it may be a very quick proceeding, that the defense attorney would probably waive a reading of the facts in this case and that it may go very quickly, and that`s exactly what happened today.

GRACE: Here`s more of what Entwistle`s lawyer had to say.

(BEGIN VIDEO CLIP)

WEINSTEIN: I don`t know that Mr. Entwistle will ever be able to get a fair trial on these charges. And my concern that he can`t get a fair trial is because of what has occurred in the publicity surrounding this event.

There should not be a case ever where the media does nothing but stage an event to the detriment of the accused`s opportunity to a fair trial, and that`s what has me upset this afternoon.

(END VIDEO CLIP)

GRACE: Standing by there at the courthouse, our own Naomi Goldstein. Naomi, the March 15 probable cause hearing has been set up. Will it go forward on that day or not?

GOLDSTEIN: It`s very unlikely, Nancy, that that will go forward. What we expect to happen now is for the Middlesex County grand jury to be meeting to hear the facts and evidence of the case and to hand down an indictment, and then it`ll be taken to Superior Court from that point on. I don`t think we`ll be back at this courthouse again anytime soon.

GRACE: Let`s take a look at exactly what is that preliminary hearing that has been set down today for March 15. The next appointment he has in court is -- Trial 101, a preliminary hearing is very simply when the state puts up a bare-bones case in order to send the case to the right court. For instance, if you put up a shoplifting case, the case is then sent to a misdemeanor court. In this case, a double homicide, it will be sent to a felony court.

I want to go very quickly back to Richard Lodge. Richard, is it the practice there to do grand jury, as opposed to preliminary hearing?

LODGE: Yes, Nancy, actually, this case will probably go to a grand jury very quickly because I think that`s what the prosecution wants. They want the indictment to be handed up. They want to move the case right into Superior Court, where murder cases are tried in Massachusetts.

GRACE: And to Tom Shamshak, standing by, private variety and former police chief also there in Massachusetts. Tom, you have presented so many cases to the grand jury on behalf of the state, as the state`s chief witness. With the grand jury, nothing is made public. About 38 to 45 members of the community serve and return an indictment, a formal charge. Do you think there`s any way the prosecution is going forward with that preliminary hearing, in which, basically, they have to lay their cards on the table in open court and then get subjected to cross-exam?

TOM SHAMSHAK, PRIVATE INVESTIGATOR, FORMER MASSACHUSETTS POLICE CHIEF: I don`t think that the probable cause hearing will occur here. I think there`ll be a continuance, and I think the evidence will be presented by Mr. Fabbri, the assistant district attorney assigned to this case, and that should start within a few weeks. And we may not hear anything about a trial date until the indictment is handed up by the grand jurors.

GRACE: Joining us now, Dr. Bruce Levy. He`s a forensic pathologist and medical examiner. We`re taking a look at documents that were released by the judge. These documents are not normally kept secret. Dr. Levy, the documents state that Rachel`s DNA was found on the gun. Now, my question is, to me, that makes an open-and-shut case.

DR. BRUCE LEVY, FORENSIC PATHOLOGIST: Well, it`s certainly very important evidence. If Rachel`s DNA is found on the gun, and more importantly, in the barrel of the gun, that directly connects that weapon to her death.

GRACE: Let`s take a look at some of the questions right now. Neil Entwistle in court today, has just touched down on American soil a few hours before this. Is he setting up an insanity plea? Take a look at him in court just a few hours ago. He refused to meet the family of Rachel Entwistle`s eyes. He looked straight ahead, occasionally darting his eyes around the room, a very tense body statue (ph), a presentation in front of the courtroom. He spoke not a word. Wonder where he is tonight? Well, we`ve got the answers.

Let`s go to Ernest Weber, jails and prisons expert. Explain to me, do you think he`s under suicide watch?

ERNEST WEBER, JAIL AND PRISON EXPERT: Well, the newspaper accounts that I`ve read said that he was suicidal. What they should be doing is screening him when he gets to the jail and determining if he is a suicide risk. Then if he is a suicide risk, then definitely, he should be on suicide watch.

GRACE: Now, it`s my understanding that he will be in an isolated cell, in other words, without a roommate. Do you think he is going to get special treatment due to the high profile nature of this case?

WEBER: Well, I wouldn`t call it special treatment, but he should get treatment probably much different than most of the prisoners because of the high profile nature. So you have two factors here. You have the factor that he definitely should be isolated from other prisoners, and you have the other factor that if he is suicidal, he should be put on suicide watch.

GRACE: To Naomi Goldstein, standing by there at the courthouse. Naomi, where is he now?

GOLDSTEIN: He`s at the Middlesex superior courthouse. The top levels of that building -- it`s a tall building -- has a jail, and we believe that he is on the 20th floor, which holds an eight-cell sort of area that`s separate from other prisoners, where he`ll be under watch. But we`re not 100 percent sure of that, but we do know he is at that jail.

GRACE: Very quickly, to tonight`s "Case Alert." Breaking news tonight in the Natalee Holloway case. Remember the missing girl who went missing out of Aruba on her high school senior trip? Well, Natalee`s parents, Beth Twitty, Dave Holloway, have filed a civil suit here in New York City against the Van Der Sloots. The father, Judge Paulus Van Der Sloot, an Aruban judge, and son Joran Van Der Sloot, last year were in jail as suspects in Natalee Holloway`s disappearance. Well, the suit says Holloway`s parents seek a yet-to-be-specified amount of money, plus punitive damages to be determined at trial. The 18-year-old girl vanished off her senior trip in May.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

FLAHERTY: Seeing Neil Entwistle standing accused of this awful crime gives us little comfort, and in fact, only adds to our enormous pain and suffering. To think that someone we loved, trusted, opened our home to, could do this to our daughter and granddaughter is beyond belief.

(END VIDEO CLIP)

GRACE: Joe Flaherty, who is with us tonight, is the family spokesperson, the family of Rachel and Lillian Entwistle, who lost their lives in their own bed, in their own home, apparently murdered in their sleep, mother and child. Neil Entwistle in court today, speaking not a word.

Straight back to Tom Shamshak, private investigator and former police chief What can you tell us about where Entwistle is right now, other than, I can guarantee you, huddled with his lawyer?

SHAMSHAK: I suspect that he`s in an administrative segregation unit on the 20th floor of the Middlesex County Jail in Cambridge. He`s in a cellblock that consists of eight cells. He`s behind a locked door. There`ll be one guard outside the door. And I don`t think anybody else will be in there. They`ve used this in the past. We had a high-profile murder trial, McDermott (ph), who called seven people, back a number of years ago, and he was in that isolation unit. At the time, my own brother was guarding McDermott..

GRACE: Whew! So what are the conditions like on that ward?

SHAMSHAK: Well, you know, he`s really locked in 23 hours a day. He has a bunk. He has a toilet in the cell. He does have one hour of free time. He`ll be taken out. He can, you know, walk around. He does have access to a television. Indeed, he has cable. And he can also make telephone calls. Whether or not he can make a telephone call to his home in Britain, I`m not sure about that.

GRACE: Well, hey, they are collect from the jail. And Tom, you know the deal with a jail phone call. About every 25 seconds, there`s a recording that says, You are taking a call from a correctional institution. There`s no way to get around that.

Here in the studio with me, Clark Goldband, our on line expert. What can you tell me about the facility to which he`s headed and the plane he took home?

CLARK GOLDBAND, NANCY GRACE INTERNET BLOGGER: Well, Nancy, we can tell you about the plane he took home. CNN has confirmed that it is indeed a Gulfstream G-4 jet, as you can see behind me. This is considered to be a luxury jet, believe it or not. And we also found out that this jet runs at a cost...

GRACE: Whew!

GOLDBAND: ... of $4,000 per hour. Now, the U.S. Marshals Service...

GRACE: Wait a minute! Wait a minute! Whoa! Whoa! That looks like the one Michael Jackson was in.

GOLDBAND: Well, that actually is the same model that Jackson took home in November of 2003 from Las Vegas, if you remember.

GRACE: (INAUDIBLE) gab to Geragos the whole time.

GOLDBAND: Exactly.

GRACE: OK, tell me some more.

GOLDBAND: So as you can see, this plane is very luxurious on the inside. Now, we`re not sure what exactly the inside was on...

GRACE: I see it`s laid out for a five-course meal there.

GOLDBAND: Well, they have nice leather seats, plush couches, CD player, DVD player, television. They have a nice bathroom with marble countertops, that kind of stuff.

GRACE: Why?

GOLDBAND: Well, it`s a Gulfstream IV, one of the most luxurious jets on the market. Now, I spoke with Gulfstream, and they said that it costs about $4,000 an hour to run. That`s not including the cost of all the law enforcement that was on board with him. The U.S. Marshals Service won`t comment on what it cost. I pressed them and pressed them, they didn`t want to give up that number.

GRACE: Very quickly -- we`ll all be right back with the latest in the Neil Entwistle case. Let`s go to tonight`s "Case Alert." Speaking of Michael Jackson, he`s in another legal fight. Debbie Rowe, his ex-wife, handed over custody of their two children to Jackson on a silver platter, 2001, because Jackson is, quote, "A wonderful man." Well, let`s fast- forward three short years. Rowe has changed her mind, and now a judge agrees, now throwing out Jackson`s severance of Debbie Rowe`s parental rights, paving the way for another blockbuster courtroom battle for Michael Jackson.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

FLAHERTY: We never suspected that Neil was anything other than a loving father, a trusted son-in-law and a husband. Neil betrayed our trust in so many different ways that it is almost impossible to describe it.

(END VIDEO CLIP)

GRACE: That is Joe Flaherty, the spokesperson for Rachel and Lillian Entwistle, family. That was them standing behind him outside the court today, Entwistle arraigned on two murder charges.

Back to Clark Goldband. Now, Entwistle can`t stay in the courthouse jail -- it`s a holding cell, basically -- forever. Where is he going, and what will the conditions be?

GOLDBAND: Well, Nancy, he will be transferred to a jail facility, once he finally is transferred. But I can tell you the inside conditions of this facility right now. What they have is a canteen. And they were very specific when I was speaking before with jail officials, saying that they`re detainees right now. We have to call them detainees. In this facility, you can buy personal hygiene items and snacks and drinks, so if you wire someone, a detainee, money inside this facility, they can go shopping. It`s a canteen. They also have cable television, so in theory, some of them could be watching our very program right now.

GRACE: And they can make calls out.

GOLDBAND: They can make collect calls to wherever they wish, and they have free time outside the cell where they...

GRACE: OK. Wait a minute. That`s the facility right there?

GOLDBAND: Yes. That`s...

GRACE: It looks like a Hilton Hotel.

GOLDBAND: Well, I don`t know about the inside, Nancy, but it sure does resemble a hotel on the outside.

GRACE: What`s the name of it?

GOLDBAND: Well, this is the Cambridge jail -- pardon...

GRACE: Let me go to Joe Flaherty. Is that where he will go, Joe?

FLAHERTY: Actually, Nancy, he`ll be held there until trial. The top floors of the building you`re looking at there contain the Middlesex County jail, and that`s where he will be held until he`s brought to trial. And the lower floors there, the Middlesex Superior Court, where should -- or when, I should said, Neil Entwistle is indicted and it goes to Superior Court, they will only have to bring him down to the courtroom just below there.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

WEINSTEIN: A very serious tragedy occurred in this town several weeks ago when a woman and her daughter were found murdered. The state and the Middlesex district attorney has decided to charge Neil Entwistle with those crimes.

(END VIDEO CLIP)

GRACE: We`re going to have two courtroom veterans squaring off in court in the trial of Neil Entwistle, double-murder charges, wife and child.

Now, the defense attorney in this case, Weinstein, has a whole stable of high-profile clients in the area. Some of the clients that the defense attorney has represented, for one, Louis Vazquez, one of four men convicted in beating a homeless woman to death. Buzzwords in that case, it was a real rush when they beat the woman to death.

Then there`s Joseph Romano, accused of killing and dismembering his wife in 1998. Now, Weinstein was fired by Romano for allegedly being more interested in publicity than the defense of his case. But please consider the source.

Straight out to Mr. Mahoney. He is joining us. He is a former Middlesex County prosecutor, now a criminal defense attorney.

Welcome, Kevin. Thank you for being with us. What can you tell us about these two gentlemen?

KEVIN MAHONEY, DEFENSE ATTORNEY: Elliot Weinstein is a fantastic attorney. He`s considered top-shelf in Massachusetts. He`s very meticulous, he`s very able, and, as you`ve seen on TV, he`s got a very strong personality. He`s not going to back a way from a fight.

GRACE: What about the prosecutor?

MAHONEY: I worked with Michael Fabbri when I was an assistant D.A. He was a supervisor. He is also very meticulous. He`s got sort of a low- key personality, although he is a little bit tense. I think, of the two, I would have to say that Elliot Weinstein is the far better trial attorney.

GRACE: Why would you say that?

MAHONEY: Fabbri has spent most of his career, at least as I understand it, in the appeals bureau arguing appeals before the appeals court. Elliot is a true trial attorney. He`s probably got -- Elliot`s got at least 100 trials under his belt.

Elliot is considered, I would say, maybe in the top five of all the defense attorneys in Massachusetts. He`s far better than anybody else you`ve probably had on this show.

GRACE: Well, that`s interesting. What about it, Richard Herman?

HERMAN: Oh, I don`t know about that, Nancy.

But I`ll tell you something: The defense strategy here is evolving on a daily basis. And although the 15th is the next court date that`s set, you saw today at the arraignment defense counsel reserved his right to come back in and make a bail application.

I believe, in the next week or so, we`re going to see that, if nothing more than to hear more about the prosecution`s case against Entwistle.

GRACE: Take a listen to this, Richard.

(BEGIN VIDEO CLIP)

WEINSTEIN: I am going to vigorously, aggressively and successfully defend Mr. Entwistle. I`m going to do that in the only arena that counts, and that`s the courtroom.

All of our efforts will be to see that he receives the fairest of trials, with the expectation of him being exonerated and held to be innocent for that which he is now charged.

(END VIDEO CLIP)

GRACE: Let`s go now to family spokesperson Joe Flaherty. Joe, what do you make of that comment, that already people are suggesting Weinstein is so much better than the prosecutor?

I don`t know if I buy into that. You know why? Prosecutors are not allowed because of ethics to comment on their cases publicly. You know what`ll happen if they do? You`ll get a tainted jury pool because of the state and get a change of venue.

I didn`t see the prosecution standing out in front of the courthouse today giving pressers, talking about their case. You know why? It`s unethical for the state to do that. Could it be possible that Weinstein has a higher profile because he speaks freely to the press?

FLAHERTY: Well, you know, Nancy, you have two very seasoned attorneys on both sides of this case. You actually mentioned a case that I was involved in when I was on the Massachusetts State Police, that of Joseph Romano.

That was actually my case. And it was the first case in Massachusetts where we tried and convicted somebody without a body.

But that being said, I would say that the edge in this case is certainly going to go to Mr. Fabbri based on the facts of this case. And I think those facts are only going to get stronger.

GRACE: And another thing, the merit of a lawyer is not always in the lawyer`s flamboyance. Something very important to remember.

Let`s go to our star chamber tonight of judges. The judge in this case, Judge Greco, has come under fire already, and we haven`t even picked a jury.

Let`s go to the star chamber, Elizabeth.

First of all, let`s go to congressman and former judge Ted Poe. The judge released documents. He released search warrants. He released the return on those search warrants.

Ellie, do you have those for me tonight?

It`s a huge stack. And already he`s being pilloried by the press. Why? These documents are supposed to be -- hold on, Judge Poe -- are supposed to be made public. Look at this. This is just part -- thanks, Ell -- part of the documents. This is about 300 pages. Why should he keep it under seal?

POE: He shouldn`t. It`s public record. The quicker that the public knows about what`s going on in this trial, the better off it is. There`s no reason to keep it secret because it is public record.

So he`s doing the right thing. He`s proceeding right along with the law in the state and making these documents available. So the criticism is certainly unfounded, and people probably don`t know what the law is when they`re making this criticism of the judge.

GRACE: You know what? You`re right.

Or on the other hand, to Judge Gino Brogdon, criminal trial judge out of Atlanta, it could be a little case of the sour grapes? "I didn`t want you to release the documents because then everybody will find out what my client was up to."

BROGDON: Well, you know, secrecy never works when the cameras are on. And you know, the lawyer is going to spin the media attention the way it helps his client, so to release the documents the judge is condemned, and if the judge kept the documents then the lawyer would complain about that.

I think this judge is calling it right in full disclosure. He`s under the biggest microscope that he`s going to be under in handling any case whenever the entire world is watching.

GRACE: To a former judge, Margaret Finerty. She`s a criminal judge, as well, from another part of the country, here in New York City. Judge Finerty, it`s like the judge is damned if he does, dammed if he doesn`t. You know, he had a lot of pressure on him today. And under the Constitution, there`s no way these documents should have been kept secret. So what`s the beef?

FINERTY: Yes, the public has a right to know. As a judge, it`s not your job to make people happy. I mean, by the nature of the job, you`re going to make one side unhappy or sometimes you make both sides unhappy. But your job is to do what`s right, what`s fair based on the law and based on the facts that are presented to you.

GRACE: Judge, I don`t know about you, but as a prosecutor I figured I got a good ruling when everybody left the courtroom miserable, both sides. Everybody`s P.O.`d.

FINERTY: That`s often the case. And, again, if you don`t like controversy, if you want people to like you all the time, don`t become a judge.

GRACE: To clinical psychotherapist Mark Hillman, take a look at Entwistle in court, Mark, stoic, darting his eyes around, not looking at anyone in the face. It`s really not a good look.

MARK HILLMAN, CLINICAL PSYCHOTHERAPIST: Nancy, I`m going to take you back to 8:02. You know, you said, were they setting this thing up for an insanity plea? Let`s take a look. He comes from England.

GRACE: I`m sorry. You said 8:02 p.m.? I thought you meant Rule 802 in the federal rules of evidence. I`m like, "Oh, oh, what`s that?" OK, go ahead.

HILLMAN: Excuse me. You said about setting it up for an insanity plea. He comes from England, lack of disregard for human life, lack of empathy, lack of impulse control. Don`t be surprised if they start now -- and I`m going to make you a little bit upset -- in terms of male postpartum depression, because that`s where they can start that type of an insanity plea, starting with that being that the baby was so young.

GRACE: And another thing, Doctor Hillman, we all know about the infamous alleged phone call where he says, "I don`t know how I got to the airport; I don`t know how I got here." A lot of controversy whether that even happened or not, but if it did, there you go. He blacked out.

HILLMAN: Right. That`s called denial and avoidance, or, you know, what you and I normal people would say the psychology of self-deception.

GRACE: Very quickly before we go to break, back to Joe Flaherty. He is the family spokesperson for the family of Rachel and Lillian, the mother and child who lost their life.

A lot to do tonight about Neil Entwistle. Lost in the sauce are these two, minding their own business in their own home in their own bed, taking a nap.

You know, today Neil Entwistle wore a bullet-proof vest. That is the climate at the courthouse.

To Joe Flaherty, you have been with the family all day. As they head into these night hours, how are they?

FLAHERTY: You know, Nancy, they`re as strong a family as I`ve ever seen. They have tremendous faith. They have tremendous love and support from their family and close friends, and from people all over the world.

But, you know, you`re exactly right. I mean, there`s going to be -- there are going to be hours when they`re supported by that faith and love and they`re OK, and then there are a lot of lonely hours. And those lonely hours aren`t going to end today, or tomorrow, or next week, or next month.

GRACE: I almost hated to take you away tonight because I know their hardest time is when the courthouse is closed and they go home. The news cycle winds down, and they`re alone, and they`re thinking about this baby and their daughter.

Tonight with us, our special guest, Joe Flaherty. He`s the family spokesperson for Rachel`s family.

Very quickly to tonight`s "Case Alert." The family of 24-year-old missing Florida girl Jennifer Kesse holds on, holds on to hope, tonight that Jennifer will be found alive. Kesse, a financial analyst from the Orlando area, reported missing three weeks ago. Car found two days later about a mile from her apartment.

Tonight, $115,000 reward offered for info that could solve Jennifer`s disappearance. If you have info on Jennifer Kesse, take a look. Call 1- 800-423-TIPS.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

FLAHERTY: What is most outrageous in our eyes is that he entered our home twice during the course of these crimes, once to take the murder weapon and arm himself, and a second time after the murders, in an attempt to hide the weapon and perpetrate his crime.

(END VIDEO CLIP)

GRACE: Joe Flaherty speaking out on behalf of the family of Rachel and Lillian. Welcome back.

Neil Entwistle formally arraigned in a court of law. March 15 date set down for the preliminary hearing. A preliminary hearing is when the state puts up a barebones-evidence case; in other words, just a couple of witnesses for the case to get bound over or transferred to the correct court.

The defense typically puts up nothing, but they have a field day, a fishing expedition cross-examining the state`s witnesses. In this case, the prosecutor may opt for the more secretive and constitutional method of grand jury secret indictment.

I want to go straight back out to Joe Flaherty, speaking of the family in this case. I notice they were there in court today. Do you think they will plan to be in court every day of the trial, every court date?

FLAHERTY: Absolutely, Nancy. They will follow this through. They`re steeling themselves for a long process here, and they`ll be there. They`ll be there because Rachel and Lillian Rose will not be there.

GRACE: That is very well-put. Almost all of our panel in that courtroom today, and this is the money shot.

Let`s roll that video, Elizabeth.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: And you have advised the client of the nature of the charge?

WEINSTEIN: Yes, I have. And he understands them.

(END VIDEO CLIP)

GRACE: That was the plea of not guilty. Neil Entwistle not even able to form the words and state the not guilty plea, looking the judge or anybody else in the eyes.

Back to Naomi Goldstein there in the courtroom today. They kind of whispered it, "Not guilty." What was going on?

GOLDSTEIN: Neil Entwistle came in to the courthouse. He was in a bulletproof vest, shackled. When he came into the courtroom, you could see him just in a -- looked like a black fleece pullover. And you couldn`t see them. There was a high wall, but it looked like -- or you could hear that he was shackled. You could hear the chains.

He was just quiet. You know, his eyes darted around. He didn`t really look at anyone in particular. He did not look at the family at all. But I was sitting across the aisle from Rachel`s mother, whose eyes were locked on him the entire arraignment.

GRACE: That must have been so difficult for Rachel`s family.

And on top of that -- let`s go back to Joe Flaherty, the family spokesperson -- how much hell is it for the father, the stepfather, to go through knowing he handled the murder weapon after the shooting and didn`t know it?

FLAHERTY: Well, you know, Nancy, that`s part of the outrageous betrayal to this family. To think that he would obviously go there, take that weapon, to use it in such a horrendous crime...

GRACE: And sneak back.

FLAHERTY: ... and then drive 50 miles back to that home, put it under lock and key to continue this ruse, is just outrageous.

GRACE: You know, I want to go to our psychotherapist, Mark Hillman. This is something that father, that stepfather, Rachel`s stepfather is going to deal with the rest of his life. I can`t name one murder victim family member that would not shriek, would not cringe at the thought of holding the murder weapon in their hand, Mark.

FLAHERTY: Well, as you clearly put it, I mean, first of all, when he did the target practicing the next day, he was unaware...

GRACE: Oh, I know.

FLAHERTY: ... that the weapon was used. But to even think that he touched it, that this was the gun that took his stepdaughter and step- granddaughter`s life is absolutely reprehensible. And you know what? You`re going to wash it off a million different times, to think about it. They`ve got emotional anchoring. It`s atrocious. That`s how fractured this man`s personality is.

GRACE: You know, he must have really hated this family, just hated them to go get the gun from their home, kill their daughter, and put the gun back.

You know what? If those facts are true, that`s dangerously close to framing the stepfather for a murder. We all know DNA allegedly has been found on that gun. I`m talking about human matter from his own daughter, blowback from the shooting.

To Dr. Bruce Levy, forensic pathologist and a medical examiner, Dr. Levy, there is no way the stepfather could have known. I mean, it`s microscopic.

LEVY: In most of the cases, it is microscopic. And he would have way of knowing it was there. He wouldn`t be able to see it, but with modern DNA techniques, it can be found.

GRACE: To Tom Shamshak, very quickly, Tom, you were also in court today. Is it true that Rachel`s family laser-lock on Entwistle?

SHAMSHAK: They did. I was seated behind them. Before they entered the courtroom, security was very tight; by my account, there were about 50 officers.

They were escorted in. Joe Flaherty led them in. But before they came in, there was chatter throughout the court, about 100 spectators, and they came in. And a somber atmosphere took over. They came in. They sat down. And as soon as Neil Entwistle was brought upstairs, every one of them fixed a gaze on him.

GRACE: Right.

Very quickly to tonight`s "All-Points Bulletin." Police on the lookout for this man, Francisco Paulino, wanted in connection with the rape of a 14-year-old New York State girl.

Paulino is 46, 5`9", 140 pounds, brown eyes, brown hair. If you have info, call New York State`s most wanted, 800-262-4321.

Local news next for some of you, but we`ll all be right back on the Entwistle case. And, remember, live coverage tomorrow, road rage deadly for a 5-year-old girl, 3:00 to 5:00 Eastern, Court TV.

Everyone, let`s stop and remember Second Lieutenant Mark Procopio, just 28, an American hero.

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(BEGIN VIDEO CLIP)

WEINSTEIN: There should not be a case ever where the media does nothing but stage an event to the detriment of the accused`s opportunity to a fair trial. And that`s what has me upset this afternoon.

(END VIDEO CLIP)

GRACE: "Oh, I hate the media. I hate the media. I`ll have a press conference."

OK, that was Elliot Weinstein, the defense attorney in this case, by all accounts a good defense attorney.

To Joe Flaherty, I`m getting flooded with e-mails. Why is he taking the case? He`s so high-profile; he`s not going to get paid very much as a court-appointed lawyer. Is it for the P.R.?

FLAHERTY: Well, every defendant, as you know, is entitled. And in Massachusetts, especially in a high-profile murder case, the Committee for Public Counsel Service is going to give the defendant, you know, a very talented, experienced trial attorney.

GRACE: Right. And to Tom Shamshak in court today, agree, disagree?

SHAMSHAK: I agree. Elliot`s going to be paid about $100 an hour. He comes off the murder list. He`ll be getting a motion for funds for an investigator and for forensic experts, and that will come from the commonwealth.

GRACE: But my question is, for him, is it about the P.R.?

SHAMSHAK: Oh, I`m sorry. No, Elliot`s a true believer. What you saw today, he`s a true believer.

GRACE: OK. Well, I`m glad to hear it, because, with this evidence, he`s got to believe.

Very quickly, Clark Goldband, Entwistle behind bars tonight, where and what`s the menu?

GOLDBAND: Well, Nancy, we called the county jail in Cambridge. He`ll be starting with an appetizer of beef soup.

GRACE: He gets an appetizer?

GOLDBAND: It will be beef soup.

GRACE: I`m not getting an appetizer.

GOLDBAND: Well, neither am I. Followed by roasted turkey and potatoes. And if he`s not a fan of turkey, Nancy, they provide some sort of cereal. And the choice drink this evening will be...

GRACE: Beef soup, roasted turkey, and potatoes after flying home on a luxury G4.

GOLDBAND: And we can`t forget the Kool-Aid. He will be drinking Kool-Aid.

GRACE: Clark, thank you for the Kool-Aid mention.

Thank you to all of my guests tonight. Our biggest thank you is to you for bringing us and our legal stories, the Neil Entwistle story, Rachel and Lillian, into your home.

A special goodnight to Dallas police officer SWAT team, Perez, Hackbarth, Wilkins, Deltufo, all four to gunfire this morning, predawn drug raid. Officers, please get well.

And a special goodnight to friends of the show joining us from here in the studio. Good night!

Coming up, headlines from all around the world. I`m Nancy Grace signing off for tonight. See you right here tomorrow night, 8:00 sharp Eastern. And until then, good night, friend.

END