Commonwealth v. Entwistle

973 N.E.2d 115, 463 Mass. 205, 2012 WL 3264384, 2012 Mass. LEXIS 694
CourtMassachusetts Supreme Judicial Court
DecidedAugust 14, 2012
StatusPublished
Cited by41 cases

This text of 973 N.E.2d 115 (Commonwealth v. Entwistle) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Entwistle, 973 N.E.2d 115, 463 Mass. 205, 2012 WL 3264384, 2012 Mass. LEXIS 694 (Mass. 2012).

Opinion

Gants, J.

On the evening of Sunday, January 22, 2006, the defendant’s wife and their nine month old daughter were found dead in a bed in the master bedroom of their home in Hopkinton. His wife had been shot once in the forehead; his daughter had been shot in the abdomen from close range while cradled in her mother’s arms, and the bullet had exited the daughter and entered her mother’s breast. The defendant, a British citizen, was charged with their murders and extradited from the United Kingdom, where he had traveled early in the morning of Saturday, January 21. A Superior Court jury convicted the defendant of two indictments charging murder in the first degree on a theory of deliberate premeditation, in violation of G. L. c. 265, § 1.1

On appeal, the defendant raises two issues. First, he argues that the motion judge (who was also the trial judge) erred in denying his motion to suppress the fruits of the warrantless searches of his home by police officers attempting to find his missing family. Second, he argues that he was denied his right to a fair and impartial jury because the jury pool was tainted by the “saturating and inflammatory” media coverage of the case and because the judge refused during jury selection to probe more deeply into whether prospective jurors had already concluded from the pretrial publicity that the defendant was guilty of the crimes charged. For the reasons detailed below, we affirm the convictions and, after a complete review of the record, decline to exercise our authority under G. L. c. 278, § 33E, to order a new trial or reduce the murder convictions to a lesser degree of guilt.

Background. Because the defendant does not challenge the sufficiency of the evidence at trial, we briefly summarize the [207]*207key evidence supporting the jury’s guilty findings, saving for the discussion of the motion to suppress the details leading to the discovery of the bodies inside the house.

The defendant met his wife at the University of York in England, where he was an engineering student and she was a student on her junior year abroad from the College of the Holy Cross. They were both on the crew team, he as a rower and she as a coxswain. After she graduated, she returned to England to earn a teaching certificate and to be with the defendant. In August, 2003, they married, and on April 9, 2005, his wife gave birth to their daughter. After the birth, they decided to move to the United States. The defendant’s wife and daughter arrived in August, 2005, living in Carver at the home of his wife’s mother and stepfather. The defendant joined them in September.

The stepfather owned various firearms, including a .22 caliber revolver, that were secured by trigger locks and stored in his bedroom closet in Carver. He kept the keys to the trigger locks on the kitchen counter, with a spare set of keys in his bedroom night stand and a second spare set in his truck. The stepfather belonged to a sportsmen’s club and twice took the defendant with him to target practice, where the defendant learned how to handle and load the firearms, including the .22 revolver. The defendant’s wife showed no interest in firearms and never went with her stepfather to target practice.

Although the defendant’s wife was home taking care of their daughter and the defendant had been unable to find work, they leased a four-bedroom single-family house in Hopkinton and moved in during the first week of January, 2006. On January 16, someone using a laptop computer later recovered from the Entwistle home made an Internet search for the phrase “how to kill with a knife” and visited various Web sites that offered escort services in the Hopkinton area. On the afternoon of January 17, someone using the laptop made Internet searches for “knife in neck kill” and “quick suicide method.”

The defendant told State Trooper Robert Manning in a telephone call on Monday, January 23, that he had found his wife and daughter dead in the bedroom at approximately 11 a.m. on Friday, January 20, after he had returned home from shopping. He did not contact the police or advise anyone that they were [208]*208dead. He stated that after he found their bodies, he went to the kitchen to commit suicide with a kitchen knife, but feared the pain and did not cut himself. Instead, he said, he went to the home of his wife’s mother and stepfather in Carver to shoot himself with one of the stepfather’s firearms, but the house was locked and he was unable to find a key to gain entry.

The defendant drove to Logan International Airport in Boston and entered the airport parking garage at 8:14 p.m., then left the garage at 9:38 p.m. and returned at 10:49 p.m. He purchased a one-way ticket to London at approximately 7 a.m. on Saturday, January 21, and boarded the 8:20 a.m. flight without any luggage. His wife’s mother and stepfather did not learn of the deaths until the bodies were discovered by police on Sunday evening, January 22.

The firearms owned by the stepfather were seized by police from the Carver home and tested after the killings. Police found a stain on the end of the muzzle of the .22 revolver. A swab taken from this stain revealed a mixture of deoxyribonucleic acid (DNA) from at least two individuals, with a major profile that matched the defendant’s wife’s DNA.2 In addition, a swab taken from the handle of the revolver contained a mixture of DNA from at least two individuals, with a major profile that matched the defendant’s DNA.3 A swab taken from the trigger lock of the revolver also revealed a mixture of DNA from at least two individuals, with a major profile that matched the defendant’s DNA.4

Although the defendant claimed that he could not gain entry into the Carver home, the keys to the house were found in the center console of the vehicle that the defendant drove to the airport on the evening of January 20. A spare set of house keys were kept in the dog house in the back yard of the home. Shortly after the killings, the stepfather discovered that this spare set was gone. He also discovered that the spare set of keys to his [209]*209trigger locks that he kept in a night stand in his bedroom was missing.5

Discussion. 1. Motion to suppress. In reviewing a motion to suppress, we “accept as true the subsidiary findings of fact made by the judge absent clear error [and] defer to the credibility findings of the judge, who had the opportunity to observe and evaluate the witnesses as they testified” at the motion hearing. Commonwealth v. Peters, 453 Mass. 818, 822-823 (2009) (Peters). We summarize below the judge’s relevant findings of fact, which are supported by the evidence presented at the suppression hearing.

a. Facts. On Saturday, January 21, 2006, at approximately 8:25 p.m., the mother of the defendant’s wife telephoned the Hopkinton police department and spoke with Sergeant Charles Wallace, who was the patrol supervisor on that shift. She reported that she was concerned about her daughter and son-in-law and their nine month old baby, who had just moved to Hopkinton the previous week. She said she last spoke with her daughter on Thursday, January 19, when she arranged to have lunch with her at her new home in Hopkinton on Saturday. She arrived at the house as arranged, but no one answered the door. She left a note on the front door and went home. She also tried unsuccessfully to call her daughter’s cellular telephone.

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Cite This Page — Counsel Stack

Bluebook (online)
973 N.E.2d 115, 463 Mass. 205, 2012 WL 3264384, 2012 Mass. LEXIS 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-entwistle-mass-2012.