Brian Walshe to undergo competency evaluation, delaying start of Massachusetts trial
Brian Walshe, the Massachusetts man accused of killing and dismembering his wife in early 2023, is set to undergo a competency evaluation that will delay the start of his trial that was scheduled to start in two weeks.
Walshe was set to stand trial beginning October 20. He has pleaded not guilty to charges of first-degree murder, misleading a police investigation/obstruction of justice and improper conveyance of a human body in connection with the death of Ana Walshe.
On Monday, a judge ordered Walshe be hospitalized for 20 days at Bridgewater State Hospital to determine if he is competent to stand trial. Later in the day in a separate court filing, the court rescheduled the start of Walshe's trial. It is not known when the trial would get underway.
Last week, Walshe's attorney requested either a change of venue outside of Norfolk County or for the jury to be selected from outside of Norfolk County.
Brian Walshe attacked in jail
In September, Walshe was attacked inside a Norfolk County jail and his lawyer said he was stabbed. Walshe's defense attorney says since the attack, he continues to suffer fear and anxiety.
"The defendant is not functioning at the level he was functioning prior to the violent assault and importantly, not functioning in a manner required of any defendant facing a complex trial," his attorney said.
Legal experts say it's an unusual move for the reasons. "That's unique, that's an unusual circumstance that we don't typically see but again the judge does have this obligation if this question of competency is brought before the court," legal analyst Jennifer Roman said.
Ana Walshe disappeared after the couple hosted a friend for dinner on New Year's Eve 2022. Her body has never been found.
Walshe told police his wife was headed to Washington, D.C. for a work emergency, but there was no evidence she ever boarded a plane. A week later, investigators said they found blood and a bloody knife in the basement of the family's home and Brian Walshe was taken into custody.
The trial was expected to last three weeks. Roman said delays don't typically benefit the prosecution.
"Because the prosecution carries the burden of proof you want your witnesses to have as clear as memories as possible, generally speaking closer in time the witnesses to the event or to the alleged crime the more clear their memory is going to be," Roman said. "So generally speaking, we say that time is not on the side of the prosecution and I think that's true here as well."