Briton serving life for 殺人ing wife and baby girl とじ込み／提出するs 控訴，上告... based on grounds that police did not have a 家宅捜査令状

• Lawyer argues that 証拠 was 掴むd 不法に
  
• 検察官，検事s say police checked on family に引き続いて 恐れるs for their safety
  

By Daily Mail Reporter
Updated: 10:59 BST, 1 July 2011

A British man serving a life 宣告，判決 in America for 殺人ing his wife and baby daughter at their Massachusetts home とじ込み／提出するd an 控訴，上告 against his 有罪の判決.

Neil Entwistle, 32, was 刑務所，拘置所d in June 2008 for 狙撃 Rachel, 27, and nine-month-old Lillian in Hopkinton on January 20, 2006.

He is now arguing he should receive a new 裁判，公判 because police searched his home without a 令状 when they （機の）カム to check on the 井戸／弁護士席-存在 of his family.

Behind 妨げる／法廷，弁護士業s: Neil Entwistle is serving a life 宣告，判決 for the 二塁打 殺人 of his wife, Rachel, and their baby daughter Lillian

In his 控訴，上告 brie f, とじ込み／提出するd yesterday at the 明言する／公表する’s 最高の Judicial 法廷，裁判所, his lawyer Stephen Paul Maidman argued that 証拠 taken from the home was 掴むd 不法に.

Mr Maidman argues in the 控訴，上告 that two searches were done without 令状s and that the 証拠 掴むd as a result should have been 抑えるd during Entwistle’s 裁判，公判.

'The two warrantless 入ること／参加（者）s into the 被告's house by the police 侵害する／違反するd the 連邦の and 明言する／公表する 憲法s,' he wrote in the 簡潔な／要約する.

But 検察官，検事s have said police were 正当化するd in entering the home because they were 答える／応じるing to the 嘆願s of 関心d 親族s and friends.

In chains: Entwistle is 護衛するd out of Framingham 地区 法廷，裁判所 に引き続いて his （被告の）罪状否認 in Framingham, Massachusetts, in 2006

They say Entwistle had become despondent after 蓄積するing tens of thousands of dollars in 負債 and had complained about his sex life with his wife.

Entwistle’s lawyer also argues that 裁判官 Diane Kottmyer did not 完全に question 可能性のある 賠審員s to 決定する whether they were biased against Entwistle after the 事例／患者 received 激しい 地元の and international news ニュース報道.

'That there was 驚くべき／特命の／臨時の prejudicial pre-裁判，公判 publicity in this 事例／患者 that was both saturating and inflammatory, by Massachusetts and even 国家の 基準s, cannot be legitimately 論争d,' Mr Maidman wrote in the 控訴，上告.

Ms Kottmyer 否定するd Entwistle’s request to move the 裁判，公判 out of Middlesex 郡.

'The 被告 is する権利を与えるd to a new 裁判，公判 utilising a 陪審／陪審員団 選択 過程 where there can be no question that the seated 賠審員s are fair and impartial,' Mr Maidman wrote.

Middlesex 検察官 Gerry Leone, whose office 起訴するd Entwistle, said he received a 'true and just' 裁判，公判, however.

'The 罪，犯罪s committed by Neil Entwistle against his wife Rachel and daughter Lillian Rose are to be 非難するd as horrific and unspeakable 行為／法令／行動するs,' Mr Leone said in a 声明.

'He received a commendable defence and a fair and just 裁判，公判 under our 法律s.'

Police and camera 乗組員s gather outside of the Massachusetts home of the Entwistles' home, where the 二塁打 殺人 took place

Entwistle, a former IT 顧問 from Kilton, Worksop, left the U.S. the day after the 殺人，大当りs and later told police he had 出発／死d because he 手配中の，お尋ね者 to be consoled by his parents in the UK.

He said he 設立する his wife and daughter cuddled together in bed, dead of 明らかな 射撃 負傷させるs, after he returned home from running errands.

Friends giving 証拠 said that the couple appeared to have had a happy marriage and were both thrilled with their daughter.

Entwistle was 宣告，判決d at Middlesex 郡 Superior 法廷，裁判所 in Woburn, Massachusetts, for what Ms Kottmyer 述べるd as '理解できない' 罪，犯罪s.

She also 課すd a 10-year 保護監察 宣告，判決 for two 小火器 offences and ordered that Entwistle should not 利益（をあげる） from his 罪，犯罪s by 令状ing a 調書をとる／予約する.