In court today
• Happening now: The defense has begun its closing arguments today in the murder trial of Brian Walshe, who is accused of killing his wife around New Year’s Day 2023 at their Massachusetts home. The prosecution will follow.
• The defense’s case: Lawyers for Walshe rested their case yesterday without calling any witnesses or presenting any evidence. In opening statements, they argued Walshe didn’t kill his wife, but rather found her inexplicably dead in their bed. He pleaded guilty last month to lesser charges of misleading police and improper conveyance of a human body.
• Prosecution’s evidence: Prosecutors called about 50 witnesses across eight days of testimony. They showed a collection evidence — including photos of items covered in what looked like blood — and argued that DNA testing found Ana Walshe was a statistical match for DNA recovered on items they say her husband threw away while trying to cover up her killing.
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.
What the defense said about how Ana Walshe died
Defense attornies did not call any witnesses or present any evidence during the trial of Brian Walshe. But in his opening statement, defense attorney Larry Tipton said Walshe found his wife unresponsive in their bed.
Tipton referenced the Google searches Walshe made beginning January 1, explaining that Walshe made those searches as “he wrestled with the fact that Ana Walshe was dead” and acknowledged that his client lied to investigators.
Tipton says that shortly before Walshe found his wife dead, he went downstairs from their bedroom to clean the kitchen and checked his emails.
He then returned to the bedroom, “intending nothing more than to crawl into bed with Ana Walshe, the woman he loved.”
When he did, Ana Walshe was unresponsive — so much so that her body rolled off the bed. She was unexplainably dead in their bed, Tipton said.
Here's what to expect in court today
Prosecutors and defense attorneys are expected to deliver their closing arguments this morning in the murder trial of Brian Walshe, the man accused of killing his wife around New Year’s Day 2023 at their Massachusetts home.
The lawyers are planning to meet around 8:45 a.m. ET to handle any last-minute issues with the jury instructions. The jury is expected to be brought in around 9 a.m. ET, and closing argumnets should begin shortly after that.
Each side said yesterday said they’ll take about 45 minutes for their closing arguments.
The defense will give its closing argument first followed by the commonwealth. Prosecutors get the last word as they have the burden of proof.
A timeline of the first days of Ana Walshe's disappearance
Ana Walshe, a 39-year-old mother of three, was first reported missing by her coworkers in Washington, DC, on January 4, 2023.
Her husband, Brian Walshe, initially told investigators that he had last seen her on New Year’s Day when she left their Cohasset, Massachusetts, home for the airport.
But prosecutors say his statements to police were misleading, and they argue he secretly killed his wife, dismembered her body and disposed of her remains.
Here’s a timeline of those first critical days:
January 1: As Brian Walshe told police, Ana Walshe usually took an Uber, Lyft or taxi to the airport and left between 6 and 7 a.m. ET, the affidavit states.
He further told police a babysitter arrived in the afternoon and he left home to get groceries at about 3 p.m. ET, the affidavit states.
He told police he then went to see his mother at about 4 p.m ET. in Swampscott, about an hour drive from Cohasset, but did not have his cell phone and got lost, making the trip longer than usual, the affidavit states. He ran errands and eventually returned home at about 8 p.m. ET, according to the affidavit.
January 2: Ana Walshe’s cell phone pinged in the area of their Cohasset home on January 1 and 2, according to prosecutor Lynn Beland.
According to surveillance footage, Brian Walshe traveled to a Home Depot in Rockland wearing a surgical mask and gloves and made a cash purchase, the affidavit states. There, Walshe bought $450 of cleaning supplies, including mops, a bucket, tarps and various types of tape, according to Beland.
January 4: Ana Walshe’s workplace, real estate company Tishman Speyer, called police to report she did not show up for her job, Beland said. According to Brian Walshe’s defense attorney, he called her workplace to ask if they knew of her whereabouts prior to the workplace’s call to police.
Jan. 5: Cohasset Police announced Ana Walshe was missing and asked the public to come forward with any information.
The defense rested its case without calling any witnesses
Brian Walshe did not take the stand in his murder trial before his attorneys rested their case yesterday morning without presenting any evidence.
This appears to be a change of course for the defense – his attorneys had indicated during a sidebar at the end of the day Wednesday that he would testify, Judge Diane Freniere said before the jury entered the courtroom.
When she asked the defense to confirm whether Walshe, 50, still planned to take the stand yesterday morning, defense attorney Larry Tipton said no, Walshe wouldn’t testify and they wouldn’t put on a defense.
Walshe said, “I will not testify,” when the judge asked him to confirm the decision in his own words.
Prosecutors in Massachusetts rested their case on Wednesday, after calling about 50 witnesses across eight days of testimony.
