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

[Seattle1]

BBM
IANAL
In section 24 of chapter 279 it says 15 years is the minimum a person can serve when they get a life sentence, except for first degree murder. In the case of first degree murder the minimum is 25 years.

I think the news is reporting on BW being eligible for parole in 15 years if he gets a life sentence but not first degree murder. Being eligible for parole doesn't mean he would necessarily serve only 15 years, particularly for such a gruesome and high profile case. The sentencing in that chapter also says it applies "except as an habitual criminal" which the prosecution might argue, so this 15 year minimum might not apply. I hope.

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter279/Section24

I believe the applicable Statute Section is 2, not 24. Section 24 applies to convicts, and determination of sentence for offenders aged fourteen through seventeen.

Section 2: Punishment for murder; parole; executive clemency​

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section2

 

[rabidstoat]

So I finally got around to Googling "10 ways to dispose of a dead body if you really need to" and there actually is a "listicle" type article with that title. Well, the "if you really need to" is in parentheses.

I wonder if BW had stumbled across that article before, either truly before or just in an earlier post-murder search, and remembered the title and was trying to find it again. That, or if it was one of those "Related searches" that Google shows sometimes, where you can click the link and do a search of whatever they are suggesting.

Oh, the article in question seems to be a humor or entertainment article, on a website whose articles are all numbered lists about this or that.

 

[Hiller]

Though many following this case are already convinced about what happened in that house that early morning, the jury will not be familiar with BW’s legal or psychiatric history or at least will be told to disregard what they might have heard outside the courtroom. As far as his purchases of disposal and cleaning materials and google searches related to bodies, that occurred after the presumed time of death of AW in the early morning hours of New Year’s Day. I am not aware of any evidence suggesting that BW was contemplating disposing of a dead body prior to New Year’s morning. This leads me to question how the prosecution is going to prove beyond a reasonable doubt that BW is guilty of murder, or for that matter any homicide. (Mass. Model Jury Instructions on Homicide are here: Model Jury Instructions on Homicide )



In the Boston.com article the other day “Can Brian Walshe be convicted of murder if police don’t find his wife’s body? Here’s what legal experts say.” (Can Brian Walshe be convicted of murder if police don't find his wife's body? Here's what legal experts say.), the thrust is that lack of a body makes conviction harder, but conviction without one is not unprecedented in Mass. The article cites two cases. In the first case (reported to be the first successful murder case in Mass. history w/o a body or body parts as evidence), the state was actually unsuccessful in winning a first degree murder conviction as the jury found second degree murder. In the second case, it is not known whether a jury would have rendered a murder verdict because the defendant accepted a plea deal of manslaughter. (See also: Legal experts say a suspect can be charged with murder without a body, but the case can be a little tougher to prosecute )



So unless the prosecution has evidence establishing the actions of BW in the basement while AW was still alive (e.g., blood splatter, broken items, footprints, etc.,) that go beyond showing that she died there and that BW dismembered and disposed of her dead body, they may have their work cut out for them. Has any such evidence been made public yet? In one of the above cases, the fact that the convicted husband did not seek 911 help was used against him.

 

[al66pine]

How to Pay Atty, While *Broke as a Joke"

Ha! And how does this guy plan to pay her exactly? By all accounts, he’s broke as a joke… one of the very first things he googled, in the middle of googling all the ways to dispose of a body, the prosecution stated he googled, “how long does a person have to be missing to inherit”...

snipped for focus @Petunia83
Broke as a Joke??? Phrase of the Day. Phrase is new to me, so TYVM.

Paying def. atty?
Does BW have a stash of "Warhols" he can pop out of storage & list on ebay?

 

[PommyMommy]

Though many following this case are already convinced about what happened in that house that early morning, the jury will not be familiar with BW’s legal or psychiatric history or at least will be told to disregard what they might have heard outside the courtroom. As far as his purchases of disposal and cleaning materials and google searches related to bodies, that occurred after the presumed time of death of AW in the early morning hours of New Year’s Day. I am not aware of any evidence suggesting that BW was contemplating disposing of a dead body prior to New Year’s morning. This leads me to question how the prosecution is going to prove beyond a reasonable doubt that BW is guilty of murder, or for that matter any homicide. (Mass. Model Jury Instructions on Homicide are here: Model Jury Instructions on Homicide )



In the Boston.com article the other day “Can Brian Walshe be convicted of murder if police don’t find his wife’s body? Here’s what legal experts say.” (Can Brian Walshe be convicted of murder if police don't find his wife's body? Here's what legal experts say.), the thrust is that lack of a body makes conviction harder, but conviction without one is not unprecedented in Mass. The article cites two cases. In the first case (reported to be the first successful murder case in Mass. history w/o a body or body parts as evidence), the state was actually unsuccessful in winning a first degree murder conviction as the jury found second degree murder. In the second case, it is not known whether a jury would have rendered a murder verdict because the defendant accepted a plea deal of manslaughter. (See also: Legal experts say a suspect can be charged with murder without a body, but the case can be a little tougher to prosecute )



So unless the prosecution has evidence establishing the actions of BW in the basement while AW was still alive (e.g., blood splatter, broken items, footprints, etc.,) that go beyond showing that she died there and that BW dismembered and disposed of her dead body, they may have their work cut out for them. Has any such evidence been made public yet? In one of the above cases, the fact that the convicted husband did not seek 911 help was used against him.

The ten trash bags of evidence found at the waste station should help considerably, in particular, the DNA (both Brian and Ana's) collected from the Tyvek suit and slippers. MOO

Prosecutors detail extensive evidence in murder case against Brian Walshe, accused of killing his wife Ana Walshe. Here's what we know | CNN

As Massachusetts prosecutors build their case against Brian Walshe, they have laid out considerable evidence alleging the husband murdered his wife on New Year's Day and gruesomely disposed of her body.

www.cnn.com

 

[CuriousQuiet1]

I believe the applicable Statute Section is 2, not 24. Section 24 applies to convicts, and determination of sentence for offenders aged fourteen through seventeen.

Section 2: Punishment for murder; parole; executive clemency​

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section2

Yes, sorry if that wasn't clear. I was following up on MissSuzie's post citing the law you are also citing. Section 2 specifically says for first or second degree murder a life sentence is mandatory, but the sentencing must be "pursuant to section 24 of chapter 279." Chapter 279 states the court has to set a minimum sentence , the minimum sentence must be at least 15 years except for offenders aged fourteen through seventeen. I am not a lawyer, that is just how I read it.

The exercise was entirely trying to understand why the media is reporting BW could be out in 15 years. I think the 15 years comes from this sentencing guideline. MOO

 

[JerseyWasHome2]

Though many following this case are already convinced about what happened in that house that early morning, the jury will not be familiar with BW’s legal or psychiatric history or at least will be told to disregard what they might have heard outside the courtroom. As far as his purchases of disposal and cleaning materials and google searches related to bodies, that occurred after the presumed time of death of AW in the early morning hours of New Year’s Day. I am not aware of any evidence suggesting that BW was contemplating disposing of a dead body prior to New Year’s morning. This leads me to question how the prosecution is going to prove beyond a reasonable doubt that BW is guilty of murder, or for that matter any homicide. (Mass. Model Jury Instructions on Homicide are here: Model Jury Instructions on Homicide )

BBM above. Would his previous history not be brought up by the prosecution? Doesn't seem to me that you can analyze a situation in isolation. If someone is a repeat offender of a certain type of crime (not suggesting BW is - just thinking of an analogy), or has a mental illness that has or has not been treated but has medical proof of, or what have you, all of that should be relevant.

 

[Cindizzi]

 

[al66pine]

HOW MUCH MURDER TRIAL EXPERIENCE?

Her website does indicate they handle criminal cases and lists homicide. Practice Areas — Miner Siddall LLP

@mynoyb Yes, the website's "Practice Areas" tab shows many facets of "Federal and State Criminal Defense" work, particularly white collar and health care fraud, and specifically includes "homicide."

But I don't get a firm sense of how many homicide cases the firm has actually taken thru TRIAL.

"Representative Matters" shows "favorable plea agreement made for "client charged with RICO conspiracy with a first degree murder predicate." *
In this tab, I don't see other references to murder or homicide charges but may be overlooking them.

"Attorneys" tab w Tracy Miner shows: "She has obtained acquittals or a defense verdict in ten of her last thirteen trials." So that includes civil trials too.

ETA: I'm not commenting or making judgments about whether the law firm or a particular atty would/would not rep. BW successfully at trial. Imo looks like extensive history of crim def work in areas other than dom-vio homicides.
imo
_______________________________________________
* "United States v. Ramires" at law firm's website.

 

[Charlot123]

I hope Ana’s Mom comes to realize that Ana is deceased and that her son-in-law murdered her. Ana needs all the advocates she can get, even in death. I’d hate to see Ana’s Mom become a witness for the defense. JMO

Well, things have to be done slowly, as the poor woman's world is crushing. She lost her daughter, her son-in-law, whom she obviously glorified, is a murderer. Her grandchildren will be raised by other people. Her health, as I understood from the texts, is pretty bad. She probably feels bad about not flying out sooner. I think she will need therapy. I wonder if Ana is the only child, or not.

 

[keek]

Well, things have to be done slowly, as the poor woman's world is crushing. She lost her daughter, her son-in-law, whom she obviously glorified, is a murderer. Her grandchildren will be raised by other people. Her health, as I understood from the texts, is pretty bad. She probably feels bad about not flying out sooner. I think she will need therapy. I wonder if Ana is the only child, or not.

she has another daughter living in Canada. There are no words for Ana's mother to cope with all of this, except we so hope she has so much support and help to live life as she can. You can see they were very close to each other from so far away. Ana's mother did spend a lot of time here with her over the years, much more probably as finances improved for Ana over the years through her own hard work and upwardly mobile career. Our hearts break for her.

 

[Chelly]

HOW MUCH MURDER TRIAL EXPERIENCE?

@mynoyb Yes, the website's "Practice Areas" tab shows many facets of "Federal and State Criminal Defense" work, particularly white collar and health care fraud, and specifically includes "homicide."

But I don't get a firm sense of how many homicide cases the firm has actually taken thru TRIAL.

"Representative Matters" shows "favorable plea agreement made for "client charged with RICO conspiracy with a first degree murder predicate." *
In this tab, I don't see other references to murder or homicide charges but may be overlooking them.

"Attorneys" tab w Tracy Miner shows: "She has obtained acquittals or a defense verdict in ten of her last thirteen trials." So that includes civil trials too.

ETA: I'm not commenting or making judgments about whether the law firm or a particular atty would/would not rep. BW successfully at trial. Imo looks like extensive history of crim def work in areas other than dom-vio homicides.
imo
_______________________________________________
* "United States v. Ramires" at law firm's website.

I have read that Tracy Miner's specialty is white collar crimes, such as fraud. However, I don't see where she has represented clients for white collar murder crimes.
my opinion only

 

[CuriousQuiet1]

To me, there are 2 passports...

RSBM

I agree with you. I wanted that red book to be a Serbian passport but it doesn't look the right size and color.

If BW was under home confinement pre-sentencing I think it is likely he had to give up his passport back in 2021 when he pled guilty on the fraud charges in federal court. A seemingly affluent person who stole the Warhols in Korea and sold some forgeries in France (after he sold the forgeries to the dealer in California) with a wife and maybe a mother with dual citizenship is surely a flight risk.

You more rational people have convinced me the passports on the table are almost certainly meaningless. The picture of the passports is taken after at least 2 searches of the house so as likely as anything else the crime scene team found them, photographed them for evidence, and simply left them out.

 

[Seattle1]

The exercise was entirely trying to understand why the media is reporting BW could be out in 15 years. I think the 15 years comes from this sentencing guideline. MOO

^^rsbm

I think media talking heads are trying to differentiate how in Massachusetts, not all killings are murder, and how the evidence of BW being unprepared (i.e., shopping for supplies and searching how to dispose of the body) can work towards BK being convicted of a lesser offense than first-degree murder. However, to be clear, that's not the same as saying first-degree murder (excluding a minor offender under age 18) can result in a sentence of 15 years. MOO

 

[Sofija]

^^bbm

In my experience, given both the age of the grandmother and the grandchildren, a Serbian mother/grandmother visiting her US family for 2 months is actually very much the norm. Boston 25 news special aired on Friday night quoted the grandmother saying she last spent 16 months with the family and saw no cracks or concerns about the relationship between Ana and BW.

I'm so sad for the days, weeks, and years to come for this woman. She's indeed another victim of the charming, likable, con-man. It's bad enough to lose your daughter to intimate partner violence but the betrayal adds both insult and guilt to the injury. MOO

According to Velika ispovest mame Ane Volš: Američka policija mi se nije ni javila. Brajan? Njemu dugujem život, Milanka Ljubičić visited her daughter 3 times: twice for 6 months and once for 4 months, which makes 16 months total. The last visit was at the end of 2021

 

[al66pine]

Tracy Miner, Atty for BW

I have read that Tracy Miner's specialty is white collar crimes, such as fraud. However, I don't see where she has represented clients for white collar murder crimes. my opinion only,

@Chelly Yes, I read about her focus on various white-collar crimes.

But pardon me, not following, WHITE COLLAR MURDER?

 

[Petunia83]

How to Pay Atty, While *Broke as a Joke"

snipped for focus @Petunia83
Broke as a Joke??? Phrase of the Day. Phrase is new to me, so TYVM.

Paying def. atty?
Does BW have a stash of "Warhols" he can pop out of storage & list on ebay?

Hahaha, you’re welcome! Unfortunately for him, I don’t think there are any more Warhols. According to the court filings detailing the dispute over his father’s estate, his dad did own a Dali that BW absconded with, but I believe it was established that he sold it prior to the true beneficiaries of his father’s estate being made aware that BW had obtained a key to his father’s home and had been hawking its contents. All in all, I think BW is fresh out of fine art to peddle as a viable revenue stream. Cry me a river… he still has his mommy to pay his defense attorney’s fees, just like she did in his fraud case.

 

[Luna20]

Hahaha, you’re welcome! Unfortunately for him, I don’t think there are any more Warhols. According to the court filings detailing the dispute over his father’s estate, his dad had a Dali that BW absconded with, but I believe it’s been established that he sold it prior to the true beneficiaries of his father’s estate being made aware that BW had obtained a key to his father’s home and had been hawking its contents. All in all, I think BW is fresh out of fine art to peddle as a viable revenue stream. Cry me a river… he still has his mommy to pay his defense attorney’s fees, just like she did in his fraud case.

The Art of Murder, Fraud and Stupidity is all he has now.

 

[Seattle1]

Tracy Miner, Atty for BW

@Chelly Yes, I read about her focus on various white-collar crimes.

But pardon me, not following, WHITE COLLAR MURDER?

I first learned of Tracy Miner decades ago when she represented former FBI Agent John Connolly. Connolly was James "Whitey" Bulger's handler. Connolly was eventually convicted of racketeering (2002) and Murder (2008) resulting from his longtime relationship with Bulger.

United States v. Connolly, 204 F. Supp. 2d 138 (D. Mass. 2002)

United States v. Connolly, 204 F. Supp. 2d 138 (D. Mass. 2002) case opinion from the US District Court for the District of Massachusetts

law.justia.com

 

[Petunia83]

Well, things have to be done slowly, as the poor woman's world is crushing. She lost her daughter, her son-in-law, whom she obviously glorified, is a murderer. Her grandchildren will be raised by other people. Her health, as I understood from the texts, is pretty bad. She probably feels bad about not flying out sooner. I think she will need therapy. I wonder if Ana is the only child, or not.

I totally agree with you. There has to be some sort of level of denial going on with her mom right now… it would almost be odd if there wasn’t… It’s one of the five stages of grief after all… I think Ana has just one sister. She lives in Canada from what I understand.