Still Missing MA - Ana Walshe, 39, allegedly left home, may have been dismembered, Cohasset, Jan 2023 *husband indicted* #4

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Hiller said:
I continue to consider whether the prosecution will have a harder time winning a homicide case than now believed unless it can come up with some direct evidence of what actually occurred in the basement that night and/or evidence suggesting planning (e.g., additional early google searches, a life insurance policy, etc.) or prior threats to AW (e.g., physical/emotional abuse). I have only read about two additional pieces of evidence this week. One is that BW may have bought a Tyvek suit prior to Jan. 1st (in addition to the one he bought after Jan. 1st) and the other is that he had previously googled about the best divorce state for men. The first could be useful to the prosecution, but the second seems pretty weak in and of itself. I understand that there is other forensic evidence that is still being tested.

I also read the article about Thomas DiBiase, the self-styled “No Body Guy” who wrote a book with details of successful murder prosecutions where the victim’s body was not found. I wonder if in the majority of the prosecutions in the book the defense’s position was that the defendant had nothing to do with any harm to the victim and therefore had nothing to do with the disappearance of the victim. If so, in these cases, the jury (and the defense) may have been presented with a binary choice: either the defendant was involved with killing the victim AND then disposing of the body or the defendant was involved with neither. In these cases, if the defendant was found guilty, the jury presumably decided based primarily on circumstantial evidence that there was no other logical explanation for the victim’s disappearance other than the accused killing and disposing of the victim. Based upon current disclosed evidence, does the BW case present a defense that was unavailable in these other cases either because it did not fit the facts or it strained credulity? Could BW freely admit (through his defense lawyer, not by testifying) disposing of AW’s body and thereby pleading guilty to any corpse-related charges, but deny killing or harming her that night? The burden, as we know, is on the prosecution to prove beyond a reasonable doubt that he killed her. In this case, the possible time, place and means of harm to AW are very constrained and therefor the prosecution’s ability to rely on the jury’s imagination is also limited compared to many of the other cases.

Could the defense go something like this: BW admittedly was a troubled person who had his run ins with the law, but there is no history of violence on his part. He was a good father to his three children, in fact, his was solely responsible for caring for them for the past number of months. Since AW must have been a good mother whose children’s welfare was foremost in her mind (leaving aside her weekly absence), she would not have left the children with him if he wasn’t a gentle and caring father. He may not have been happy with his wife leading her own life five days a week in DC, and he might have suspected disloyalty on her part, but there is no evidence of complaints or threats to AW based upon her absence from the household. On the night of her disappearance, all seemed well in the household: there was a nice note from AW, their friend who visited that night reported nothing amiss or unusual about the behavior of AW or BW. Locals who interacted with BW regularly might say that he was always a bit weird, but report nothing unusual about BW’s recent behavior. There is no evidence of infidelity on his part. BW was dependent on AW as she had a job and he didn’t, and he was restricted based on his previous conviction. While he googled about divorce, he might have been concerned about alimony and child support if he thought that she was contemplating dumping him. Besides, researching divorce is not a crime and does not imply that a husband is thinking about murdering his wife. Yes, there was a purchase of killing “supplies” after AW died. There was blood all over the place. There were trips to dispose of the body. Etc., etc. etc. But we already admitted responsibility for all of that. But you cannot prove beyond a reasonable doubt how AW died or that she died as a result of actions of the defendant.

Are there other facts that could be developed to support the theory of an AW accident (e.g., steep stairway, dimly lit basement, AW drinking that night, etc.)? Could BW’s previous mental health issues be used to support the theory of irrational panic and disposal of her body to avoid being wrongfully charged?

<modsnip - no link>
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[Moderator's snip restored with source link added:]

In Massachusetts criminal court, the jury is told: “ . . . A charge is proved beyond a reasonable doubt if, after you have compared and considered all of the evidence, you have in your minds an abiding conviction, to a moral certainty, that the charge is true. When we refer to moral certainty, we mean the highest degree of certainty possible in matters relating to human affairs -- based solely on the evidence . . . . [E]very person is presumed to be innocent until he or she is proved guilty, and that the burden of proof is on the prosecutor. If you evaluate all the evidence and you still have a reasonable doubt remaining, the defendant is entitled to the benefit of that doubt and must be acquitted. It is not enough for the Commonwealth to establish a probability, even a strong probability, that the defendant is more likely to be guilty than not guilty. That is not enough. Instead, the evidence must convince you of the defendant’s guilt to a reasonable and moral certainty . . . . “

Criminal model jury instructions for use in the District Court (See Section 2.180)
 
Continuing with the thought of a defense strategy to admit to the post-death corpse-related charges, but defend against the homicide charges: could admission by the defendant to those post-death charges and all of the actions he took after AW died enable the defense to limit the scope of prosecution’s introduction of evidence of all of the grisly, bloody details of what he apparently did to her body?

The aspects of this case that revolt those familiar with it are the details of BW’s purchase of cutting tools, the amount of blood found at the home and in dumpsters, and envisioning what he must have done to her body. Despite little or no evidence (so far) of prior threatening behavior by BW, those details have led observers to conclude that he must have killed her too. In other words, while there is a paucity of disclosed evidence of how AW died, the only logical explanation is that he killed her since if he didn’t kill her he would not have done what he did to her body.

The defense would say that pictures of bloody tools, disposal/garbage dump details, etc. don’t bear directly on who or what killed AW because they deal with the time period after she died, and BW has admitted to all of this already; and that this evidence will unnecessarily prejudice the jury on the issue of how AW died and who, if anyone, killed her.
 
Hiller said:
Continuing with the thought of a defense strategy to admit to the post-death corpse-related charges, but defend against the homicide charges: could admission by the defendant to those post-death charges and all of the actions he took after AW died enable the defense to limit the scope of prosecution’s introduction of evidence of all of the grisly, bloody details of what he apparently did to her body?

The aspects of this case that revolt those familiar with it are the details of BW’s purchase of cutting tools, the amount of blood found at the home and in dumpsters, and envisioning what he must have done to her body. Despite little or no evidence (so far) of prior threatening behavior by BW, those details have led observers to conclude that he must have killed her too. In other words, while there is a paucity of disclosed evidence of how AW died, the only logical explanation is that he killed her since if he didn’t kill her he would not have done what he did to her body.

The defense would say that pictures of bloody tools, disposal/garbage dump details, etc. don’t bear directly on who or what killed AW because they deal with the time period after she died, and BW has admitted to all of this already; and that this evidence will unnecessarily prejudice the jury on the issue of how AW died and who, if anyone, killed her.
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LE has specifically said that he beat her to death. For them to be that specific, they know something. MOO
 
Hiller said:
The defense would say that pictures of bloody tools, disposal/garbage dump details, etc. don’t bear directly on who or what killed AW because they deal with the time period after she died, and BW has admitted to all of this already; and that this evidence will unnecessarily prejudice the jury on the issue of how AW died and who, if anyone, killed her.
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^^rsbm

I disagree. Unlike BW, the wife was not living as a con woman and her victimology puts her at low risk of being murdered on NYE and disposed of in such a personal manner by an outsider. The direct and circumstantial evidence are given equal weight here I don't see the DA having overcharged BW. Not at all. MOO
 
Ilex said:
Brian stated Ana left the house at 6 or 6:10am on January 1st. Her phone was pinged and it was found to be at her home on Jan 1, but turned off on January 2nd at 3:14Am. Brian stated Ana was wearing a black dress, hunter boots, watch, necklace and ring and carrying a Prada purse.
January 1st, using his son's ipad, some of the searches were listed in court:
4:55AM-How long before a body starts to smell
4:58AM-How to stop a body from decomposing
5:20AM-How to mound a body
5:47AM-10 ways to dispose of a body if you really need to
6:25AM-How long for someone to be missing to inherit
6:34AM-Can you throw away body parts
9:29AM-What does formaldehyde do
9:34AM-How long does DNA last
9:59AM-Can identification on partial remains be made
11:34AM-Dismemberment and the best ways to dispose of a body
11:44AM-How to clean blood from a wooden floor
11:56AM-Luminol to detect blood
1:08PM-What happens when you put body parts in ammonia
1:21PM-Is it better to throw crime scene clothes away or wash them

On January 2nd he went to Home Goods and purchased 3 rugs.

More google searches on January 2nd
12:45PM-Hacksaw best tool to dismember
1:10PM-Can you be charged with murder without a body
1:14PM-Can you identify a body with broken teeth
that same day he was seen on security video at Home Depot in Rockland buying cleaning supplies, mops, brushes, tape, tarp, a tyvek suit with boots, buckets, goggles, baking soda and a hatchet. at 5:32PM he was seen at some street in Hingham.

January 3rd

By tracking his phone, at 4:27PM he was at an apt complex in Abington. Surveilance photos showed his car and a man fitting his description exit the car near a dumpster. He leans in with a garbage bag which appears to be heavy as he had to heft the bag in. At 4:48PM he hit another complex in Abington to dispose of another bag. And his phone showed him in Brockton at a third complex at 5:10PM. Video again showed him discarding bags at that dumpster in Brockton.

more google searches that day
1:10PM-what happens to hair on a dead body
1:13PM-what is the rate of decomposition of a body found in plastic bag compared to on a surface in the woods
1:20PM-can baking soda make a body smell good

January 4th
Brian went to Home Goods and TJMaxx and purchased towels, bath mats, men's clothing. At 4:15PM he went to Lowes and purchased squeegies and a trash can. That was the day officers went to Ana's to do a well check. They observed his car with seats down and a plastic liner in the back of the car. The next day, the liner was gone and car was freshly vacuumed. Blood was found in the car which matched, through DNA, Ana.
January 5th
His phone showed he travelled to his mothers in Swampscott at 9:34AM and he went to the dumpster on that property.

www.wcvb.com

Prosecutors outline grisly Google searches as Brian Walshe charged with Ana Walshe's murder

Prosecutors reveal DNA evidence indicating Ana Walshe is dead, despite her body not being found
www.wcvb.com www.wcvb.com
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Surely this is evidence enough for a speedy not costly (trial) conviction. For realz.
 
Really? said:
Surely this is evidence enough for a speedy not costly (trial) conviction. For realz.
Click to expand...
Warning - Graphic
I've been following the case of Andreen McDonald which I will link below. In a nutshell Andreen's husband Andre killed her during an argument in which he states she was the agressor. In the aftermath he panicked. He realized he would be blamed with her death. He removed her body from their residence and placed her near a dead cow in a field. He also did some google searches although not as many and not as graphic as our boy DW. He also made some purchases of heavy duty contractor bags a full-size ax, a small hatchet and a pair of work gloves. He returned to the body and in his anger (at her for ruining his life) beat her with a hammer. He even got the claw end of the hammer stuck in her neck. Ugh.
During his trial he relayed everything and I mean everything that happened. He stated that his wife was having an affair, set up one of their business in her name and he thought she was going to have him killed. He blamed her for everything.
He was found not guilty of her murder and was charged with manslaughter.
I'm not saying that DW will see the same fate but I do suspect he will blame AW and use any arsenal he can. JMO

Here is her case. It's not very long, just didn't seem to get much traffic.
www.websleuths.com

GUILTY - TX - Andreen McDonald, 29, found deceased, Bexar County, 1 Mar 2019 *husband arrested*

Bexar County Sheriff's Office *******MISSING PERSON******* ANDREEN NICOLE, MCDONALD, 29 - PLEASE SHARE- On Friday, March 1, 2019, Andreen Nicole, Mcdonald, 29, never showed up to work and did not made it back to her residence which is located near Canyon Golf and Wilderness Oak (far north...
www.websleuths.com www.websleuths.com
 
Eli9 said:
Warning - Graphic
I've been following the case of Andreen McDonald which I will link below. In a nutshell Andreen's husband Andre killed her during an argument in which he states she was the agressor. In the aftermath he panicked. He realized he would be blamed with her death. He removed her body from their residence and placed her near a dead cow in a field. He also did some google searches although not as many and not as graphic as our boy DW. He also made some purchases of heavy duty contractor bags a full-size ax, a small hatchet and a pair of work gloves. He returned to the body and in his anger (at her for ruining his life) beat her with a hammer. He even got the claw end of the hammer stuck in her neck. Ugh.
During his trial he relayed everything and I mean everything that happened. He stated that his wife was having an affair, set up one of their business in her name and he thought she was going to have him killed. He blamed her for everything.
He was found not guilty of her murder and was charged with manslaughter.
I'm not saying that DW will see the same fate but I do suspect he will blame AW and use any arsenal he can. JMO

Here is her case. It's not very long, just didn't seem to get much traffic.
www.websleuths.com

GUILTY - TX - Andreen McDonald, 29, found deceased, Bexar County, 1 Mar 2019 *husband arrested*

Bexar County Sheriff's Office *******MISSING PERSON******* ANDREEN NICOLE, MCDONALD, 29 - PLEASE SHARE- On Friday, March 1, 2019, Andreen Nicole, Mcdonald, 29, never showed up to work and did not made it back to her residence which is located near Canyon Golf and Wilderness Oak (far north...
www.websleuths.com www.websleuths.com
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And the authorities found the body in the Andre McDonald case. In the case of AW they do not even have that.

A key element to the AW case is that BW was facing prison time and had a known history of fraud and violence. I hope this history is admissible in court!
 
flowershop said:
And the authorities found the body in the Andre McDonald case. In the case of AW they do not even have that.

A key element to the AW case is that BW was facing prison time and had a known history of fraud and violence. I hope this history is admissible in court!
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I would imagine that they would have to explain why BW was wearing an ankle monitor and am hopeful that prosecutors will be able to tie key, pertinent, details into the trial. JMO
 
flowershop said:
And the authorities found the body in the Andre McDonald case. In the case of AW they do not even have that.

A key element to the AW case is that BW was facing prison time and had a known history of fraud and violence. I hope this history is admissible in court!
Click to expand...
As for BW having “a history of violence” or being “a violent person”, I could find only two incidents that could be considered evidence of violence:

1 – IN 2014, BW threatened to kill AW and her friends while speaking to AW on the telephone; this resulted in a police report, but no follow-up by AW. A year later, she married him.

2 – In a 2019 affidavit (DocumentCloud) by BW’s father’s close friend in support of the father, the friend says that on a trip to China he witnessed BW try to kill four or five Chinese guards who were questioning BW about BW attempting to smuggle antiquities out of China. The affidavit concluded: “Brian is not only a sociopath but also a very angry and physically violent person. I want nothing to do with him but will stand up for my friend Tom’s rights and will not let his memory be the pack of lies from Brian.” No other evidence of violence was cited in the affidavit. There are no reports I could find of BW being detained in China or charged with these alleged attempted murders.

There was also a picture AW posted of herself on social media with head injuries, but AW herself described this as resulting from a fall at work on a polished marble floor.

On the other hand, a reporter, Justin Rohrlich, interviewed another of BW’s father’s close friends who said BW’s father “was my best friend, and I know everything about Brian . . . . I was his father’s closest confident, there is nothing I don’t know about. And the story is not pretty. . . . there was nothing in [BW’s] personality that I ever saw that made me think of him as a violent person . . . I never saw him raise his voice to his father, never saw them argue.”(Close Family Friend Spills on ‘Sociopathic’ Missing Exec’s Husband )
 
Apologies, I did a search on this thread but can't find when the next hearing is. I thought it was this week. Maybe that was when BW was only charged with misleading the investigation and that was changed when the more serious charges came down?
 
CuriousQuiet1 said:
Apologies, I did a search on this thread but can't find when the next hearing is. I thought it was this week. Maybe that was when BW was only charged with misleading the investigation and that was changed when the more serious charges came down?
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I have in my notes there is a status hearing via Zoom on 2/9/23 but no time of when it starts.
 
Niner said:
I have in my notes there is a status hearing via Zoom on 2/9/23 but no time of when it starts.
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Same date here and listened to the reporter's video broadcast but there was no mention of the hour.

abc7chicago.com

After Brian Walshe charged with murder, prosecutors reveal series of incriminating Google searches

Prosecutors said a Massachusetts man accused of killing his wife and dismembering her body Googled "10 ways to dispose of a dead body if you really need to."
abc7chicago.com abc7chicago.com
 
Going off the assumption that BW will be tried in Norfolk County... the court has a daily list of cases along with times. Let me know if I am barking up the wrong tree.

Norfolk County Superior Court

This court serves all cities and towns in Norfolk County.
www.mass.gov www.mass.gov

Maybe one of us early birds can see what time BW is scheduled and let everyone else know.
 
flowershop said:
Going off the assumption that BW will be tried in Norfolk County... the court has a daily list of cases along with times. Let me know if I am barking up the wrong tree.

Norfolk County Superior Court

This court serves all cities and towns in Norfolk County.
www.mass.gov www.mass.gov

Maybe one of us early birds can see what time BW is scheduled and let everyone else know.
Click to expand...
Thanks for researching the link. So odd that there is no searching superior court calendar (criminal) in advance-- using the defendant's name.

Perhaps once the murder charge case number is published (on the daily), search by docket number will populate a future calendar search.
 
Seattle1 said:
Thanks for researching the link. So odd that there is no searching superior court calendar (criminal) in advance-- using the defendant's name.

Perhaps once the murder charge case number is published (on the daily), search by docket number will populate a future calendar search.
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Yw. I assume you tried to search for it too? I am pretty unfamiliar with these court sites. Maybe it is all about the case number..
 
Seattle1 said:
It might be different in the lower courts such as Quincy but once charges upgraded, seems to me what is available for public access is limited.
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I have a case # - Quincy DC in Mass Court Case #2356CR000136

Oops - edited to add - this is for:
arrested (1/8/23), charged & arraigned (1/9/23) with intimidation/misleading police during the investigation into his wife's disappearance.

For the murder charge I have NO case # - sorry...
 
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