Defense: Entwistle DNA evidence was hyped

By Harriet Ryan
Court TV

Adjust font size:

CAMBRIDGE, Massachusetts (Court TV) -- A lawyer for Neil Entwistle, the British man accused of killing his American wife and baby daughter, asked a judge to dismiss the charges, saying prosecutors misrepresented the quality of their DNA evidence.

At a hearing Thursday in Middlesex Superior Court, defense attorney Elliot Weinstein said a recent request by the prosecution to swab Entwistle's cheek for DNA indicated that the samples authorities used this spring to link him to the murder weapon were unreliable.

"They have been putting forth statements using the language of a 'DNA match,'" Weinstein said, alluding to court filings in which prosecutors claimed there was only a 1 in 5 trillion chance the genetic material found on a .22-caliber revolver was not Entwistle's.

A prosecutor acknowledged in court Monday that the testing was based on two secondary sources of DNA, genetic material from a water bottle in Entwistle's car and the DNA of his murdered 9-month-old daughter, Lillian.

Laboratory tests found that profile as well as the DNA of his 27-year-old wife, Rachel, on the grip of the handgun.

Entwistle, 28, faces first-degree murder charges in the slayings. His wife and daughter were found shot to death in the couple's bed on January 22. Entwistle traveled to England. He has told police he panicked after finding the bodies and wanted to be near his family.

Entwistle, shackled at the hands and feet and wearing a dark-gray suit, pink shirt, and lilac tie, looked on as his lawyer cited an affidavit in which a state chemist wrote that "in order for DNA analysis to be reliable, a DNA standard sample should be taken directly from a suspect or defendant in accordance with laboratory policy guidelines."

"Everything else is unreliable," Weinstein told Judge Peter Lauriat.

Weinstein said prosecutors had violated rules of "fundamental fairness" by presenting the tests to the court ? and the news media covering the proceedings ? as reliable when using secondary sources for DNA testing is frowned upon.

Assistant District Attorney Michael Fabbri argued that the fact the water-bottle sample was identical to the profile extrapolated from the baby's DNA was strong enough evidence to arrest the defendant.

"It was certainly reasonable for law enforcement to rely on that standard," Fabbri said.

He said the prosecution was now seeking a cheek swab because the standard of evidence at a trial ? beyond a reasonable doubt ? was higher than the probable cause standard for an arrest.

"We accept that burden [of proof] and that is what we are asking to do with this testing," Fabbri said.

The judge said he would take the matter under advisement and issue a written order. Lawyers said they expected a decision in the coming days.

Entwistle's trial is scheduled for April. If convicted, he faces life in prison without parole.