What happened in court today
• Jury to return: The jury in the trial of Brian Walshe will resume deliberations on Monday after spending more than three hours considering the case today. Walshe is accused of killing his wife, Ana Walshe, around New Year’s Day in 2023.
• Closing arguments: Prosecutors told the jury that Brian Walshe planned the killing, also arguing his actions after her death showed he was “cool and calculated.” However, the defense said that there’s no proof Walshe plotted to murder his wife, repeating the argument that Walshe found her inexplicably dead in their bed.
• Possible sentence: Walshe faces life in prison without parole if convicted of first-degree murder in his wife’s death. Last month, he pleaded guilty to lesser charges, and he faces up to 10 years in prison for misleading police — though that could be enhanced up to 20 years if he is convicted of murder.
Our live coverage of the Brian Walshe trial has concluded for the day. Please scroll through the posts below to learn about Friday’s deliberations.
Recap what happened today in the trial of Brian Walshe
The jury in the trial of Brian Walshe, who is accused of killing his wife Ana Walshe around New Year’s Day in 2023, started deliberating at 12:23 p.m. ET today. After more than three hours, the jurors adjourned for the day and will resume on Monday.
We heard from them once during the afternoon when they asked an evidence-related question.
But before deliberations began, the jury of six women and six men received a comprehensive set of instructions from the judge and also heard closing arguments from the defense and prosecution.
Here’s a quick recap of what the defense attorneys and prosecutors said:
- Prosecution’s closing arguments: The prosecution told the jury that it “defies common sense” that Ana died unexpectedly. Brian Walshe murdered her, prosecutor Anne Yas said. After Ana’s death, Walshe was “cool and calculated” in his trips to stores and his demeanor in surveillance videos. The prosecution also argued Brian Walshe was aware of his wife’s affair with William Fastow and that he lured Ana into a false sense of security around New Year’s Eve as he planned her death.
- Defense’s closing arguments: Doubling down on what was called a lack of motive and proof, defense attorney Larry Tipton said there was no indication that Brian Walshe saw text messages between Ana and Fastow. Addressing the grisly online searches, Tipton said Brian Walshe was in “disbelief and confusion,” but there is no digital evidence that suggests he planned to kill his wife.
Remember the possible sentence: Walshe faces life in prison without the possibility of parole if convicted of first-degree murder. He could be eligible for parole after a number of years if he’s convicted of second-degree murder.
Last month, Walshe pleaded guilty to lesser charges, and he faces up to 10 years in prison for misleading police — though that could be enhanced up to 20 years if he is convicted of murder.
CNN’s Lauren del Valle and Elise Hammond contributed to the report.
The jury in the Walshe trial will return on Monday to continue deliberations
The jury in the murder trial of Brian Walshe will continue its deliberations on Monday.
The judge sent the jurors a note offering to allow them to stay until 4:30 p.m. ET or return at the start of the week. They’ve elected to return on Monday, Judge Diane Freniere.
The attorneys and Brian Walshe are in the courtroom.
Some of Ana Walshe’s friends including Alissa Kirby and Gem Mutlu are also back seated in the courtroom. They were here this morning during closing arguments.
The jury in the Walshe trial has a question
The judge returned to the bench during the afternoon to address a question from the jury, which started deliberating a few hours earlier.
Brian Walshe and the attorneys were also back in the courtroom.
The jury asked to be directed to the exhibit number for a specific photo, the judge’s clerk told CNN. The judge did not read the jury’s query into the record, which means the exhibit they were asking about is not a public record.
Judge Diane Freniere said she’d tell the jury the answer to their question is exhibit 97 and would send them a full exhibit list for future reference.
For context: Exhibit 97 is a photo of Ana Walshe lying on a rug in the living room of their Cohasset home. Prosecutors say Brian Walshe threw away that rug covered in blood and bought a new one at HomeGoods on January 2, 2023. The commonwealth asserts that the bloody rug recovered in the dumpster search is the same rug in the photo of Ana.
This post has been updated with additional information on what happened this afternoon when the jury had a question.
This is what the jury sees on the verdict form
The jury has started its deliberations in the murder trial of Brian Walshe. After jurors consider the testimony and evidence presented them, they will see several options on the verdict slip.
The document asks jurors to come to a unanimous decision and check one of three verdicts:
- Not guilty
- Guilty as charged, murder in the first degree
- Guilty of murder in the second degree
Walshe faces life in prison without the possibility of parole if convicted of first-degree murder. He could be eligible for parole after a number of years if he’s convicted of second-degree murder.
The defense has argued that there is no evidence that Brian Walshe plotted to kill his wife.
CNN’s Lauren del Valle contributed reporting to this post.
Catch up: What both sides told the jury before deliberations started
A jury of six men and six women are now deliberating to decide the fate of Brian Walshe.
Prosecutors called dozens of witnesses, arguing that Brian Walshe killed his wife Ana around New Year’s Day in 2023. But the defense said he found her dead in their bed, arguing there is no evidence of a murder plot.
Here’s a quick rundown of what happened in court today as we await a verdict:
- Prosecution’s closing arguments: The prosecution told the jury that it “defies common sense” that Ana died unexpectedly. Brian Walshe murdered her, prosecutor Anne Yas said. After Ana’s death, Walshe was “cool and calculated” in his trips to stores and his demeanor in surveillance videos. The prosecution also argued Brian Walshe was aware of his wife’s affair with William Fastow and that he lured Ana into a false sense of security around New Year’s Eve as he planned her death.
- Defense’s closing arguments: Doubling down on what was called a lack of motive and proof, defense attorney Larry Tipton said there was no indication that Brian Walshe saw text messages between Ana and Fastow. He also argued there was no biological or blood evidence found in the house, and the only blood was found in the basement. Addressing the grisly online searches, Tipton said Brian Walshe was in “disbelief and confusion,” but there is no digital evidence that suggests he planned to kill his wife.
- Possible sentence: Walshe faces life in prison without the possibility of parole if convicted of first-degree murder. He could be eligible for parole after a number of years if he’s convicted of second-degree murder.
- Lesser charges: Last month, Brian Walshe pleaded guilty to lesser charges, and he faces up to 10 years in prison for misleading police — though that could be enhanced up to 20 years if he is convicted of murder.
- Inside the courtroom: Ana Walshe’s friends and family were in the courtroom this morning, including Gem Mutlu and Alissa Kirby, who both testified during the trial. Several supporters have hugged each other, occasionally wiping tears from their faces.
CNN’s Lauren del Valle and Aditi Sangal contributed reporting to this post.
The jury will now deliberate in Brian Walshe’s murder trial
A panel of 12 jurors will now begin deliberating first-and second-degree murder counts against Brian Walshe, who is accused of killing his wife, Ana Walshe, on or around January 1, 2023.
The main panel of 12 that will consider the case is made up of six women and six men. Three women and one man were randomly selected as alternates.
To make their case that Brian Walshe killed his wife with premeditation, despite her body never being found, prosecutors called about 50 witnesses across eight days of testimony before resting their case Wednesday afternoon.
Walshe did not take the stand and his attorneys presented no evidence in his defense case before resting Thursday morning.
Walshe faces life in prison without the possibility of parole if convicted of first-degree murder. He could be eligible for parole after a number of years if he’s convicted of second-degree murder.
Court is back in session
The jury is back in the courtroom. They will now receive instructions from the judge ahead of deliberations.
Jury on break ahead of getting instructions
The jury is getting a quick break before hearing the final instructions.
Here's how the prosecution presented Brian Walshe's actions after his wife's death
Prosecutor Anne Yas walked through what Brian Walshe did after Ana Walshe’s death and painted it as the actions of a man who was “cool and calculated.”
Here’s everything she noted:
• Yas suggested the recovered kitchen knife could’ve been the murder weapon, reminding the jury that Walshe searched online whether it was possible to clean DNA off a knife using a dishwasher.
• Looking at data from Walshe’s devices, Yas said, there were no searches for natural causes of death or how to help your children when someone dies unexpectedly or goes missing. “He’s cool and calculated,” Yas said about his demeanor in surveillance videos. “He’s calm; he had plans.”
• On January 1, 2023, Brian Walshe went to a Lowe’s store an hour away from his home even though there were hardware stores less than a mile away, the prosecutor says. He wore a mask, gloves and shopped with a list then paid in cash. “Does this show confusion, panic or fear?” Yas asked the jury.
• Walshe threw away the bloody rug that was once in his living room and went to HomeGoods on January 2, 2023, “because he had to buy a new rug for that living room to cover the hardwood floor,” Yas argued, adding that he did this days before the forensic team was there to search the home.
Prosecution argues Brian Walshe was aware of his wife's affair
Prosecutors claim Brian Walshe knew about his wife’s affair with William Fastow.
Walshe would’ve seen credit card records that showed she bought tickets to fly to Dublin, Ireland, around Thanksgiving in 2022, according to prosecutor Anne Yas. Trial evidence revealed that Ana Walshe went to Dublin with Fastow, who she’d started an extramarital relationship with months earlier.
She didn’t make it home to Massachusetts in time to celebrate Christmas with her family in part because she spent Christmas Eve with Fastow. When she missed her flight Christmas Day, Brian Walshe searched online for Fastow, Yas said.
Walshe lured his wife into a false sense of security around New Year’s Eve as he planned her death, the prosecutor suggested.
Days before Ana’s death, records show he searched buildings his wife was managing in Washington, DC, looking for ideas to suggest a work emergency, Yas said.
Walshe told friends, family and law enforcement that his wife left early on January 1, 2023, to return to DC to handle a work emergency.
Prosecutor says defense's argument that Ana Walshe died unexpectedly "defies common sense"
It “defies common sense” to suggest that Ana Walshe, a fit 39-year-old woman, could’ve died a sudden unexplained death, prosecutor Anne Yas told the jury.
She recapped Walshe’s health and fitness history to support that point, and then revisited evidence to argue that the mother of three was killed by her husband Brian Walshe.
“The evidence shows you that Ana didn’t die of natural causes, but that Ana died a violent death in her Cohasset home on January 1,” Yas said.
The defense team has argued that Brian Walshe didn’t kill his wife, but rather, he discovered her dead in their bed. But in her closing statement, Yas said that Walshe “needed” her dead.
Yas argued that Walshe needed to resolve his federal fraud case and attempt to avoid prison time for that conviction.
“Being the primary caregiver allowed him to avoid prison,” Yas told the jury.
Prosecution's opening statement begins: "Ana Walshe is dead because he murdered her"
Prosecutor Anne Yas is now giving the commonwealth’s closing argument in the murder trial of Brian Walshe.
Defense disputes the inference of some evidence presented in court
Doubling down on the lack of motive and proof, defense attorney Larry Tipton focused on the text messages between Ana Walshe and William Fastow and the fact that blood was only found in the Walshe’s basement.
On the affair: Tipton acknowledged that the text messages between Walshe and Fastow entered as evidence could enrage a husband. But he again offered that there is no evidence that Brian Walshe “ever saw anything going on” between the two.
On blood found in the basement: Tipton challenged the suggestion that Walshe cleaned up his whole house to hide a violent incident, as investigators only found blood in the basement. “Nothing violent happened in that house, and that’s why there is no biological or blood evidence anywhere in that house,” he said.
“The act of trying to hide the body of his wife and the blood evidence that is seen on that carpet — that’s what happened,” Tipton argued. “There was no blood in the living room. The inference might be that the carpet was taken downstairs.”
“There is no evidence of any killing that happened,” Tipton said.
Tipton closed by saying Ana and Brian Walshe were still in love and looking toward the future despite the challenges in their marriage. Tipton showed the jury a champagne box Ana signed with her husband and their friend on New Year’s Eve that expressed continued hope for the new year.
Defense casts doubt on the photo of a knife shown to the jury as evidence
Defense cast doubt on the commonwealth’s suggestion that a knife recovered from a cabinet above the refrigerator in Brian Walshe’s kitchen could have been the murder weapon.
Though preliminary testing was done on the knife, ultimately there was no confirmation that there was blood or any other biological evidence recovered from that knife, defense attorney Larry Tipton said.
Tipton also said police found no evidence that a violent incident occurred in the house.
Defense says there's no suggestion Walshe planned a murder in his grisly online searches
Defense attorney Larry Tipton is addressing the grisly online searches recovered from Brian Walshe’s laptop, which prosecutors argued during the trial show the defendant was researching the best ways to dispose of a body.
“The evidence of the searches — the dark, troubling evidence of the searches —they began at 4:52 a.m. on January 1, 2023,” Tipton said in his closing argument.
“The first one is ‘How do you dispose of a body.’ It causes chills, it causes disgust,” he said.
But Tipton said the searches “evolved” and show they were made “by a man who is in disbelief and confusion.” In opening statements, the defense said Walshe found his wife inexplicably dead in their bed.
“Look at all of those searches, think of how they evolved,” Tipton said. “Consider how they go from one subject to another.”
In thousands of digital records, there’s no suggestion that Walshe planned a murder, his attorney said.
Tipton noted that the first mention of “murder” in his searches comes up six hours after they begin and suggests it’s because he was switching up the searches to get different results.
“He couldn’t call a funeral parlor,” Tipton told the jury, and argued that Walshe was trying to figure out what he could do because he feared no one would believe he didn’t kill his wife.
There is no proof that Brian Walshe intended to kill his wife, defense argues
Defense attorney Larry Tipton started by portraying Brian Walshe as a loving husband and stated that there is no proof that the defendant knew about his wife’s extramarital affair or that he ever thought about harming her.
Tipton acknowledged there is evidence that Walshe lied to the police and disposed Ana Walshe’s body, but he argued that the prosecution has not established a motive for murder.
“There is no proof in all of the evidence that you have heard that he ever once thought about harming the woman he loved,” Tipton said.
Defense begins its closing argument in the trial of Brian Walshe
Brian Walshe’s defense attorney Larry Tipton is now presenting a closing argument to the jury.
Judge says jurors can consider convicting Walshe of first or second degree murder
The jury in trial of Brian Walshe is now listening to legal instructions from Judge Diane Freniere before closings arguments begin.
Notably, the judge said jurors will be allowed to consider convicting Walshe of murder in the first or second degree.
What to know: A conviction on the less severe charge still carries a life sentence, but it allows Walshe parole eligibility.
The courtroom is filled with Ana Walshe's friends and family this morning
Closing arguments are expected to begin soon in the murder trial of Brian Walshe.
The left side of the gallery is filled with friends and family of Ana Walshe, including Gem Mutlu and Alissa Kirby, who both testified during the trial. Several supporters have hugged each other occasionally wiping tears.
Brian Walshe’s mother, Diana, is sitting alone in the front row feet away from them. The right side of the gallery is filled with media.
Correction: A previous version of this post misstated which phase of the trial begins today. Closing arguments will get underway today.
