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On the eve of jury selection, here’s what happened in court in the Brian Walshe case
Prosecutors faced scrutiny over their decision not to call Walshe’s mother, who hired a private investigator over alleged infidelity.
Questions arose about key witnesses and evidence during Brian Walshe’s final pre-trial conference on Monday at Norfolk Superior Court, ahead of jury selection.
Prosecutors allege Walshe killed his wife, Ana, on New Year’s Day 2023. Ana, a mother of three from Cohasset, went missing around the holiday, with investigators claiming Walshe killed, dismembered, and disposed of her remains.
Walshe has pleaded not guilty to first-degree murder, misleading police, and improper conveyance of a human body.
At Monday’s hearing, prosecutors faced scrutiny over their decision to leave Walshe’s mother, Diana Walshe, off the witness list despite questions about whether Brian Walshe knew she had hired and paid a private investigator to look into his wife’s alleged infidelity. Diana Walshe was present in the courtroom.
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Walshe’s attorney, Kelli Porges, said she opposes the commonwealth introducing evidence about the private investigator, Jeremy Dozier, noting that Diana Walshe contacted Axios Investigations on Dec. 27, 2022, via email and phone, later signing and paying for the contract.
In grand jury testimony, Dozier said Diana Walshe instructed, “I don’t want my son to know about this.” Porges added that evidence suggests Walshe dismissed discussions about the investigator and even told his wife. She said the commonwealth is trying to use the hiring as a motive for killing Ana.
“We have no evidence that he was part of it, knew about it, directed it, paid for it, and it’s just prejudicial,” Porges said.
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Judge Diane Freniere noted that Diana Walshe had previously told her son she wanted to hire the investigator after visiting a psychic. Walshe rebuffed her, saying she was a “good girl” and not having an affair.
But Freniere added, “So even though he said, ‘Don’t do it,’ he gave her the name of the company that she hired, right?” She said that if the commonwealth introduces the information, it must come through Diana Walshe.
Porges reiterated that introducing the contract or evidence of the investigator’s hiring isn’t appropriate unless a witness links it to Walshe. “Otherwise, it’s not relevant,” she said.
Norfolk District Attorney Chief Trial Counsel Gregory Connor said the commonwealth hoped to make a reasonable inference from Walshe’s frequent contact with his mother.
Freniere responded, “Well, you make whatever strategic decisions you’re going to make, but that may lead to a paucity of evidence on linking his knowledge to it. That’s your choice.”
The court also reviewed additional forensic evidence from Walshe’s computer, including multiple searches related to divorce. Porges noted that some searches returned pornographic content, which she feared could be “inflammatory” against her client. Freniere said she will review the searches.
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On Friday, the court ruled that Walshe is competent to stand trial and denied a motion to move the case.
The court aims to seat 16 jurors — 12 of whom will deliberate and four alternates. Jury selection begins Tuesday morning.
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