DEHDAM, Mass. — In a surprising turn of events, the defense in the Brian Walshe murder trial rested its case on Thursday morning without calling a single witness — and Walshe waived his right to testify.
Up until this development, legal experts believed jurors might hear directly from Walshe, an uncommon move in high-profile murder trials.
Judge Diane Freniere revealed that when the trial began nine days ago, Walshe had planned to take the stand. That decision, however, appears to have changed overnight.
After announcing he would not testify, Walshe answered a series of questions from Freniere to confirm his decision.
Freniere: In the last 24 hours, have you taken any prescription medicines?
Walshe: I have not.
Freniere: In the last 24 hours, have you consumed any legal or illegal substances?
Walshe: I have not.
Freniere: Is your mind clear here today?
Walshe: It is.
Freniere: Tell me in your own words, what are we discussing?
Walshe: Whether I will testify or not in my trial.
Freniere: Right.
Walshe ultimately confirmed that he had discussed the decision to waive his right to testify with his attorneys, telling Freniere, “I will not testify.”
Freniere then told the court, “I find that the defendant, Brian Walshe, freely, voluntarily, knowingly, and intelligently has waived his right to testify at this criminal trial, and that he’s down so with the knowledge of its consequences. I accept his decision.”
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What’s next
Jurors were dismissed for the day and instructed to return Friday morning for closing arguments. With the trial nearing its end, major questions remain unanswered — including how Ana Walshe was killed and where her remains are.
Brian Walshe continues to face a murder charge in connection with his wife’s disappearance on New Year’s Day 2023.
In opening statements, the defense claimed Walshe discovered his wife, Ana Walshe, dead in their bed on New Year’s Day 2023 and panicked. They argue Ana died of natural causes, not at Brian’s hands. Prosecutors, however, continue to argue that Walshe murdered Ana, chopped her up, and disposed of her remains.
Key testimony
On Wednesday, prosecutors called two of Ana’s close friends to testify, including Alyssa Kirby, who last saw Ana on December 29, 2022.
Kirby told jurors Ana confided that her marriage was strained but insisted Brian wasn’t jealous.
“When she told me that, I was surprised. She said they were open and he wasn’t jealous,” Kirby testified.
This detail contrasts sharply with the defense’s claim that Brian was unaware of Ana’s affair and that their marriage was “going good” at the time of her death.
Gem Mutlu, the last person to see Ana alive at a New Year’s party at the Cohasset home of Brian and Ana, also offered emotional testimony.
Mutlu testified that it was a festive party on the night of December 31, 2022, and Brian and Ana were getting along.
However, he tried to tell the jury that days before, he had a long conversation with Ana and sensed that the couple was having marital problems.
He also told the jury that he had learned Ana disappeared when Brian called him and told him she left because of a “work emergency,” using the word “incredulous” to describe his immediate reaction.
DNA discoveries
Jurors have already been presented with significant evidence, including confirmation that blood found on several items recovered from a North Shore dumpster matched Ana Walshe’s DNA.
Those items include slippers, a towel, a rug, the head of a hatchet, and a hacksaw.
Under cross-examination, the defense argued that DNA evidence does not reveal how or when it was deposited, with the witness confirming that DNA cannot tell us how or when it was deposited on an item.
Surveillance footage
On Tuesday, the jury also viewed surveillance footage showing Walshe shopping the day after Ana disappeared.
The video shows him buying rolled carpets and candles at a HomeGoods store in Norwell.
According to a company security official, Walshe paid for those items using two TJX value cards belonging to Ana—cards she had received for merchandise returns in Baltimore and Washington, D.C.
Prosecutors on Monday played a video recorded on Jan. 1, 2023, about 15 hours after Ana disappeared, showing Walshe outside a Swampscott liquor store throwing away a trash bag.
Minutes later, Walshe was seen at a Lowe’s in Danvers, wearing a black face mask and blue gloves, spending more than $460 on cleaning supplies and tools.
Three days later, he was recorded at a Lowe’s in Weymouth with a child, possibly his son, buying a trash can.
Blood evidence in the home, on tools
Investigators discovered blood in the basement, on the basement stairs, and on a support beam. Jurors also saw a knife recovered from a kitchen cabinet above the refrigerator, which Massachusetts State Police say had blood on it.
The jury was also shown blood-stained tools, including a hacksaw, hammer, hatchet, and hedge pruners, which prosecutors say were found in dumpsters near Walshe’s Cohasset apartment complex. Walshe has been accused of using those items to dismember Ana’s body.
Medical examiner testimony
A state medical examiner testified that without Ana’s body, he cannot determine the cause or manner of death.
The defense claims Ana died of sudden unexpected death and that panicked.
Prosecutors allege Walshe murdered Ana, dismembered her, and disposed of her remains in dumpsters.
Affair and digital evidence
Jurors also learned last week that Ana was having an affair. They reviewed emails and messages exchanged between Ana and William Fastow, a D.C. realtor, including communications on New Year’s Eve, hours before Ana disappeared.
A state police trooper testified that Ana’s last message to Fastow was sent at midnight on New Year’s, and said he found no evidence that Walshe was aware of those messages.
“You did not see any communication between Ana Walshe and William Fastow?”“Not that I recall,” the trooper testified.
Grisly internet searches
Jurors last week heard about troubling internet searches made on a device owned by the Walshe family, which were discovered by police after Ana Walshe went missing.
The searches, made between New Year’s Day and January 4th, included queries such as "how to dispose of a body," “how to get blood out of hardwood floors,” and “best tool to dismember.”
Trial coverage
Boston 25 News is streaming the trial live every day on Boston25News.com, on X, on Facebook, and on YouTube. Closing statements are set for Friday, Dec. 12.
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