The Case Against Neil Entwistle

This is a partial transcript of "The Big Story With John Gibson," February 10, 2005, that has been edited for clarity.

JOHN GIBSON, HOST: Police in Massachusetts say that on top of money problems, a bad sex life may have driven Neil Entwistle to kill his wife and 9-month-old daughter. Former San Francisco Assistant D.A. Kimberly Guilfoyle is here for a closer look. She hosts "The Lineup," right here on FOX News Channel beginning Saturday night.

Kimberly, so what's up with this?

KIMBERLY GUILFOYLE, HOST, "THE LINEUP": Well, I think it's unbelievable. This is the last nail here in Neil Entwistle's coffin, and we're going to be talking about it this weekend on "The Line Up," Saturday night, John. Thanks for having me on. 9:00 p.m., we love it, and Sunday night.

The prosecution seems to have a lot to work with, according to an affidavit just unsealed by the Middlesex County District Attorney's Office. Now, let's bring in my gal Wendy Murphy, former prosecutor and founder of Victim Advocacy and Research Group.

Hi Wendy.

WENDY MURPHY, FMR. PROSECUTOR: Good to see you, Kimberly.

GUILFOYLE: And I'm going to see you Sunday night, as well, on "The Lineup."

MURPHY: You bet. And congratulations to you.

GUILFOYLE: Thank you so much.

So, Neil Entwistle, I say this couldn't happen to just a worse guy. This is really just adding insult to injury. I can picture the jury now folding their arms when they hear he just wasn't getting good sex or enough of it.

MURPHY: Yeah. The poor guy. I mean, I think it's reasonable, don't you, that if your wife isn't good enough in bed you should kill her and the baby?

GUILFOYLE: Yeah, get rid of them.

MURPHY: I mean, the guy already looks like such a jerk, but you can't convict them because they're a jerk, you have to have forensic evidence, and I think some of the most important evidence we heard about, in addition to the bad sex life, was the DNA connection. His DNA on the gun as well as either blood or brain matter on the barrel of the gun that was apparently used to kill Rachel.

Boy, that's going to be hard evidence to overcome and then the crazy statements he made, that he was in the house, he left, he came back at 11:00 in the morning and found them dead in bed and his reaction was, "I think I'll go find a knife and try to kill myself." But then he chickened out, so he drove to his in-law's house because he was going to take a gun and shoot himself, but the door was locked. Oops, he forget, he had the keys to the house in the BMW.

GUILFOYLE: Exactly.

(CROSSTALK)

MURPHY: (INAUDIBLE) dumped at Logan Airport and fled the country. I don't think this story is going anywhere. And, in a way, you know, thank goodness he's a dope because he's cooked his own goose.

GUILFOYLE: Yeah, were you surprised at all by this sudden change of heart overnight that he decided to not fight the extradition?

MURPHY: Well, yeah. I was very surprised because he had a lawyer who was well known for fighting extradition hard for British citizens, and we knew that that might drag the case out for a year or two or more. But it doesn't surprise me in this sense, Kimberly. I think that had he stayed there and forced the United States to put in writing the whole package of evidence they have against this guy, he did not want that to come out and this is a damn good reason to fly back here real quickly. He can he keep the lid on at least some of the evidence. We haven't heard the whole story yet. And it will get worse for him.

GUILFOYLE: And also, of course, there's the technicality of him just having to say, "Oh, it's not me. I'm not Neil Entwistle. There's another guy, an evil twin out there." What other defenses do you think that he might put forward once he comes to the United States to answer these charges?

MURPHY: Well, I'll tell you, I don't think there's much of a defense on the merits of the case. I suppose we might hear something about an insanity or mental impairment defense. As you know, there was apparently a false statement leaked in the British press that when he got there he said something like, "I don't know how I got to England," as if he had a real doozy of a blackout. I don't think that's going to fly.

I'll tell you what I think may work, because it worked in the so-called "Nanny Trial," the Louise Woodward case, again, another British citizen that killed yet another 9-month-old baby in this very same county, and what worked there was the politics of making it an us vs. them kind of controversy. They played, what I've been describing as the "Boston Tea Party Card," not the race card, not the gender card, the Tea Party card, and really made kind of a frenzy outside the courthouse. That worked to her advantage here. I hope it doesn't work to his advantage in this case.

GUILFOYLE: All right, well, thanks, Wendy, and I will see you Sunday night.

MURPHY: You bet.

GIBSON: All right. Kimberly Guilfoyle, host of "The Lineup." Don't forget, you can watch "The Lineup" this Saturday and Sunday 9:00 p.m. Eastern, in fact every weekend. And Kimberly, thanks a lot. Good luck.

GUILFOYLE: Thanks, John.

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