Jury in Brian Walshe murder trial deliberating after closing arguments
Jurors began their deliberations Friday after closing arguments were presented in the Brian Walshe murder trial. A jury of six women and six men will decide whether the Massachusetts man is guilty of killing his wife, Ana Walshe, in their Cohasset home.
Prosecutors allege that Walshe killed and then dismembered his wife on New Year's Day of 2023, while the defense says he unexpectedly found her dead in their bed and panicked. Assistant District Attorney Anne Yas gave the closing for the prosecution, and attorney Larry Tipton spoke for the defense.
After nearly four hours of deliberations, the jury was sent home on Friday. They will continue deliberating on Monday.
Defense makes closing argument
The defense, which has made the case that Ana Walshe died suddenly from natural causes, said the prosecution has not proved beyond a reasonable doubt that her husband killed her.
"There's evidence he lied to that police, there is evidence that he searched the internet, there is evidence that he disposed of a body," Tipton said. "But there is no proof in all of the evidence that you all heard that he ever once thought about harming her, the woman he loved."
He asked the jury to consider the timing of the gruesome internet searches Brian Walshe made, saying the searches about murder and clean-up occurred six hours after Ana Walshe died.
"Why is a man searching now if he had intended to kill his wife?" Tipton asked. "Where is the evidence of premeditation?
The defense also told jurors that no blood was found in the couple's bedroom or in nearby bathrooms.
"Nothing violent happened in that house," Tipton said.
Tipton also denied that Walshe knew his wife was having an affair with the real estate agent who helped the family buy a townhouse near Washington, D.C.
"There is no evidence in all of the digital data ... that Mr. Walshe ever saw anything between his wife and William Fastow," he said.
The defense finished its argument by saying Brian Walshe loved his wife.
"There's no evidence that he intended to kill Ana Walshe. None whatsoever. Mr. Walshe is not guilty," Tipton said.
Prosecution closing statement
Prosecutor Anne Yas told the jury that Brian Walshe intended to kill his wife because their marriage was deteriorating and he needed money.
"Ana Walshe is dead because he murdered her," Yas said, pointing at Brian Walshe.
She took aim at the defense theory that his wife died of natural causes.
"Ana Walshe dying a sudden death of natural causes defies common sense," Yas said. "She was in great shape. The defendant told police that Ana was a sturdy, Serbian woman."
Yas argued that Walshe made up a lie about losing his phone so he could be unavailable for two days and carry out his plan of cleaning up the evidence and hiding her body.
"He could not let Ana's body be found because Ana didn't die of natural causes," Yas said.
She asked jurors to "use your common sense."
"There's only one verdict: Find the defendant guilty of the premeditated first-degree murder of Ana Walshe," Yas said.
Brian Walshe defense rests
The defense made the surprising move on Thursday to rest its case without calling any witnesses. Judge Diane Freniere suggested that Brian Walshe planned to take the stand, but changed his mind at the last minute.
"Based on defense counsel's opening statement, it appeared that the defendant was going to testify," Freniere said.
At the start of the trial, Tipton told jurors they would hear evidence that likely only Walsh could testify to.
"You'll hear evidence that he then returned to the bedroom, intending nothing more than to crawl into bed with Ana Walshe, the woman he loved," Tipton said.
WBZ-TV legal analyst Jennifer Roman says the jury may be questioning why Walshe chose not to testify.
"It does seem like the defense strategy took a 180 during trial," she said. "But clearly the defense felt confident enough that the prosecution did not meet their burden of proof and they didn't feel the need to put anybody else on the stand."
Roman said she felt the defense spent more time reacting to the prosecution's argument than bolstering their own story.
"It sort of seemed like they had given up," Roman said. "It seemed like they were more focused on debunking a premeditation than they were on debunking the theory that he actually killed her."
Who is Brian Walshe?
Walshe, 50, has pleaded not guilty to a first-degree murder charge. During cross-examination, Walshe's defense has portrayed him and Ana Walshe as a loving couple that was planning for the future, while prosecutors have tried to prove that he killed his wife for financial reasons and because she was having an affair.
Walshe could face life in prison without the possibility of parole if convicted of first-degree murder. The jury could also choose to convict him of second-degree murder if they don't believe the alleged killing was premediated.
Just before the trial began, he pleaded guilty to disposing of his wife's body and misleading police. The judge has ruled that jurors will not be allowed to know that Walshe pleaded guilty to those charges.
Ana Walshe's body has never been found.