Brian Walshe pleads guilty to disposing of wife's body, misleading police
Brian Walshe, the man accused of killing his wife Ana Walshe in their Cohasset, Massachusetts home, pleaded guilty Tuesday to two lesser charges of disposing of her body and misleading police, just before jury selection was set to begin in his murder trial.
Walshe changed his plea to guilty on charges of misleading a police investigation and improper conveyance of a human body. The sentence for the police investigation charge is 10-20 years in prison, and the maximum for the second charge is three years.
He is still pleading not guilty to murdering his wife.
"Mr. Walshe, did you in fact willfully remove or convey the body of Ana Walshe or her remains, not being lawfully authorized to do so?" Norfolk Superior Court Judge Diane Freniere asked.
"Yes, your honor," Walshe replied.
Watch video of Brian Walshe changing his plea on two counts.
Ana Walshe was last seen in the early morning hours of January 1, 2023 following a New Year's Eve dinner she and her husband hosted at their Cohasset home. Her body has never been found.
Prosecutors accuse Walshe of killing his wife and dismembering her body. Police say he suspected she was having an affair.
After Walshe's two guilty pleas, jury selection got started for the first-degree murder charge. Nine jurors - six men and three women - were selected by the end of the day. The judge is aiming to select 16 jurors in total.
Once jury selection is completed, opening statements are expected to be held around December 1. Freniere said she expects the trial to last three to four weeks.
Defense attorneys Kelli Porges and Larry Tipton will be representing Walshe during the trial. Assistant District Attorneys Greg Connor, Tracey Cusick and Anne Yas will lead the prosecution.
Why did Brian Walshe plead guilty on 2 charges?
"This is a really interesting shift in the defense strategy," WBZ legal analyst Jennifer Roman said. "It appears that they're hoping that Brian Walshe will be able to plead to a lesser charge than first-degree murder so that he would have the possibility of parole."
"A defendant cannot plead guilty to first-degree murder. That's just the way our law's written. You're not permitted to plead guilty to first-degree murder and you're granted an automatic right to an appeal, if you're convicted," Roman said. "So, by pleading to these lesser offenses. I think what the defense is saying to the prosecution is he'll plead guilty to a lesser charge than first-degree murder, if you'll put it on the table."
Roman said she wouldn't be surprised if there's "behind-the-scenes discussion" between the defense and prosecution, and thinks a plea deal is possible.
"The prosecution evidence is strong, but they still do have the weakness of not having the actual body," she said. "Here, Brian Walshe, by pleading to these lesser charges, is signaling to the prosecution a willingness to accept responsibility, at least for some actions on the night that the prosecution alleged she was murdered."
Roman said the plea strengthens the prosecution's strategy because they can now tell jurors that Walshe knew his wife was dead and did not report it. She added that it also changes the defense's approach if the case reaches trial.
"Now the defense is going to have to move from perhaps pointing the finger at a third party or denying any knowledge on Brian Walshe's part that his wife was murdered, and turn it into maybe he panicked. Maybe the defense is going to be yes she died in the home, but he panicked or there was something he wanted to keep from the public," Roman said.
Who is Brian Walshe?
The 50-year-old Walshe was charged with murder, misleading a police investigation and improper conveyance of a human body. In a separate case last year, Walshe was sentenced to three years in prison on art fraud charges.
Walshe told police his wife left early January 1, 2023 to get a ride to the airport and fly to Washington, D.C. for a work emergency. Investigators said there is no evidence she was ever picked up and there is nothing to indicate she ever boarded a plane.
Police said they found a damaged and bloody knife in the basement of Walshe's home.
Google searches
Prosecutors allege that Walshe's Google history included terms about divorce leading up to his wife's disappearance. They also accuse him of making violent searches that included "10 ways to dispose of a dead body if you really need to."
On Monday during the final pretrial hearing in the case, prosecutors said they have "binders" made up of 1,000 pages of Walshe's electronic history in addition to what was previously disclosed to a grand jury.
Michael Proctor, who was fired for his conduct during the Karen Read case, was also an investigator in Walshe's case. Defense attorneys said Monday they plan to highlight to jurors that when Proctor's integrity was impeached, the Commonwealth "moved away from him."
Walshe was ordered to be hospitalized at Bridgewater State hospital last month to determine his competency. Last week, Judge Freniere said that after 40 days in the hospital, Walshe was deemed competent to stand trial.