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Amy Robach
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TJ Holmes
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Amy Robach
Yes. We saw the lead prosecutor, the female prosecutor, be more dramatic. She was not monotone, that's for sure. But unfortunately, and I say unfortunately because she went too far in the other direction. She went from whispering at times to feeling sarcastic in others, to yelling. And I'm not exaggerating, almost I jumped up, said, why is she yelling at the jury? So it was an attempt to be more performative, to, to be more theatrical, which I think was needed. She just, it didn't feel like it's in her wheelhouse.
TJ Holmes
It didn't feel natural. It didn't feel normal. It felt like it really like you were. She was feigning every emotion she was trying to deliver. I, I don't know this woman. I hate to be. Don't want to criticize the job they have done. But we are sitting there as casual observers and this is how things are coming across to us. Yes, she was more animated. Yes, it did seem intentional. It seemed like almost on her page where she was reading something, it was said in parentheses. Yale. This line.
Amy Robach
Yeah. Like it.
TJ Holmes
Whisper this line.
Amy Robach
Correct. I feel like she practiced this at home. And look, you know what, it may not matter what she said and how she said it might not matter as much as what she said to the jury and what they're going to believe and what they're not going to believe. But it is interesting observing it how important it is or it seemed to us how you say something.
TJ Holmes
Yes.
Amy Robach
And when you say something and it matters, the information is important. Of course, actually, it should be the only thing that really matters. But we're all human beings and how we receive it and how we, how we see it delivered to us absolutely impacts the weight we give the information we're receiving.
TJ Holmes
That is. That is the best way to put it. And the way I'm receiving her message, it didn't. I. Again, we've been keeping ourselves in that lane and Being the jurors. But, yes, she only went. She didn't go as long as Tipton, I don't think.
Amy Robach
No, only 34, 35 minutes.
TJ Holmes
Okay, so now let's get into the meat and potatoes of what she had to say and robe. She started out, and it. We've been waiting to hear them say how she met this violent end. And I thought maybe we were getting close to that, but she wrapped up and sent that jury into that jury room to deliberate. And none of us still have any idea what their theory is about how she died.
Amy Robach
No, her, they just stuck with the violent end and common sense. Those were the two big themes that they were pointing out. That, yes, she was murdered, she met violence, that Brian Walsh was cool and calculated because she could point to that in the surveillance video. And certainly, certainly, she kept bringing in some of his interrogation by police where he just seems so casual and so cool and nonchalant. So she was doing that. But again, there was no. And actually, we were surprised. She pointed out, basically, we don't have the body, and so we can't tell you how she died without an autopsy. We don't know.
TJ Holmes
I stopped. I don't know if I heard the next two or three sentences because I was stuck on that sentence. She said, the medical examiner. It's impossible for the medical examiner to determine how she died.
Amy Robach
Probably don't want to reiterate that to the jury.
TJ Holmes
Wait, what? Yeah. Hey, wait, what? You're. You're telling me that it's impossible, so you're telling me you don't know.
Amy Robach
Right.
TJ Holmes
Is how I took that line. Now, she tried to land it by saying, the reason we don't know is because he was calculated, making sure we couldn't find the body.
Amy Robach
Right.
TJ Holmes
That's what she was trying to say.
Amy Robach
I feel like, though, she could have taken it so much further and said, you know, we don't know if he strangled her, if he stabbed her with that knife, if he. You know, if he suffocated her with the pillow. We don't know. But what we do know is he made damn sure we weren't gonna find out because he got rid of that body. Like I was thinking in my mind, granted, I don't know what she could have said that could have painted that picture using the evidence she had, that he did make sure that no one got their hands on her body. He did make sure there was no evidence left behind. That's because murdered her.
TJ Holmes
Hey, look, maybe the jurors aren't like us. Right? We've been in television.
Amy Robach
Maybe. Maybe we want that and they don't need it. Yeah, that's true.
TJ Holmes
And you shouldn't need it. But this isn't us. This is. Every lawyer out there will tell you this stuff matters. They will tell you how you deliver who the messenger is. They will tell you it all matters and robes the closing for me. I wrote it down. You and I wrote the same thing down. The themes, common sense and context. She sent them in there saying, use your common sense. She didn't send them in necessarily. Look at this evidence. Look at this. Remember this? Remember that? She said, common sense, common sense, common sense. And kept relying on this idea that, yes, this happened and this happened.
Amy Robach
Yeah.
TJ Holmes
It doesn't prove anything, but you have to remember context. Wink, wink, not. It was almost like she was saying, come on, y'. All. Y' all know this dude killed his wife. That is how the entire closing sounded to me. It was really a real big, come on, y', all, come on, come on. We know he did it.
Amy Robach
I actually thought it was interesting because, yes, that was the gist of it. Like, that is a very good way to sum it up. And I do think it was the first time she even gave the jury. She connected some dots that she did not connect while the testimony was happening, which we were complaining about. But she finally then, in her closing arguments, pointed out that she felt like Brian misplacing his phone was calculated and he misplaced his phone early in the night on New Year's Eve. But she said that was all a ploy so that he could explain why he didn't know or he hadn't been in contact with his wife for so long because he had misplaced. Misplaced his phone. And also then he could go do some of the stuff he needed to do without his phone tracking him. So now she points that out. Then she points out just even like he was putting on a show basically, for the friend who was over Jen, because he knew what he was going to do. The fact that he.
TJ Holmes
That act worked because that friend got on the stand and was convincing.
Amy Robach
It was a happy, joyful occasion. So that is what she claims. The prosecution claims Brian wanted to happen. They also claimed these searches for the Porsche and the diamonds and all of that was just all to throw Ana off his tracks. That really. He had also searched divorce. Best ways to divorce if you're a man. So he was figuring out what his options were. And at some point, according to the prosecution, he landed on murder. He had to kill her. And so all of this, they Say was because he was angry about her missing Thanksgiving. They claimed that he Abs. Well, Thanksgiving, he. She was going to her mother's in Serbia. But they claim he knew because they shared the same bank account that she actually went to Dublin with her boyfriend.
TJ Holmes
She missed both of those holidays.
Amy Robach
Yes, she missed Thanksgiving.
TJ Holmes
And was the mom actually sick or. She just said the mom was sick.
Amy Robach
I believe she did ultimately go, but I actually cannot tell you, babe. I don't know, but I know that. So the, so they were claiming, hey, look, he knew about something else on the bank account. He knew she came back through Frankfurt. So come on. Of course she, he knew that she was in Dublin overnight on Thanksgiving.
TJ Holmes
So listen to what you just said.
Amy Robach
Of course, Come on, come on.
TJ Holmes
That is what I'm saying.
Amy Robach
So she's connecting these dots and saying. And all of it is very plausible and I would say likely even, but they didn't prove it. They're. They're actually just saying of course he knew. Of course he, he. And so he, he was angry since then. And then she misses Christmas Eve and Christmas Day. Now he's livid. So now he's sitting there plotting how he's going to get rid of her on New Year's Eve and he's got a whole plan in place.
TJ Holmes
You know, I, they laid out, I think, Rose, forgive me if I missed it during the testimony, but they laid out this, this reasoning, this logic for why he killed her. That seemed to go. It seemed to be a little different from the other motives. Meaning he had to take care of the kids. He had to like, like as a condition of him not going to jail. He needed the kids. And if his wife is now possibly going to leave him for another man and if the kids go away, then he has no money and he has no woman. They built a case for a motive that I didn't necessarily hear built throughout.
Amy Robach
Desperation is what it sounded like. Here's a man who's about to go to prison for a year or two, whose children are now going to be living with his wife, who's now going to move full time into this townhome who she bought from her now boyfriend. And in his mind he could be thinking, and the boyfriend's just going to move in. I'm going to be replaced while I'm in prison and I'm going to come back to no money and no family. That is what they were suggesting at the end.
TJ Holmes
In closing, I didn't hear necessarily that pieced together during the.
Amy Robach
I did not hear that through line at all during. And that was. That was what we have been complaining about. Because when they had moments with witnesses where they could have woven the story, and it did require the prosecutor to provide the context, to weave the story, to get the witnesses to fill in the blanks for the story they were creating, it's almost as if they came up with that to wrap it all up. In addition to. He was jealous and he needed the money, but it was more about desperation and no options. If he were to divorce her, he would lose. And so he needed to find a way when he came back from serving his time, where he would have all the money because everything was in her name. Because of his financial issues in his federal case against him, he put all of their assets in her name. So now he's like, I just screwed myself. But I don't feel like they did that good of a job during the trial explaining that through testimony.
TJ Holmes
Where does she nail it? I'm looking at some of my notes here. Where did you. You really think she did make some good points that the jury may remember when they go in there? I'm looking at my notes here, and I don't. She had this line. I mean, it was that impactful. He cut up Anna's body and threw her in the dumpster. Now, the way I just said it, she was screaming that line. She was screaming that line. And there were pauses in between. Is that. It was a moment I remember for being a little awkward. Not impactful.
Amy Robach
What she was saying was impactful. How she was saying it was detracting from what she was saying. It was a sentence, actually, funny enough, that didn't need any louder. And actually, that might have been one where I would have gone slower and softer for people to really let that sink in. When she shouted it, it felt aggressive and like it was too much. It didn't work.
TJ Holmes
Wow, you're a performer. You are. No, I'm serious. What I'm saying is these things you're talking about how that thing. When something is. When the words themselves. Here you go, Robes. This is a very good example. You've been talking about it. All those searches and writing that he had. When something is that impactful, you don't have to shout it, right? You just repeat it. Folks, he cut up the woman he loves. He said he loves, and he put pieces of her in different dumpsters, like saying that, and she shouted it in a different type of way. And again, we're sitting here, and I feel like we're being acting coaches or something and being critical of Performance. But this is how we receive.
Amy Robach
Yeah.
TJ Holmes
The closing arguments in a trial we have watched every second.
Amy Robach
Do you know what's interesting? She could have even played off of Larry Tipton, the defense attorney, saying that the only evidence shows that there was love. I would have taken that and said, if that's love is chopping up. You know, I would have taken his last line about that and just twisted it.
TJ Holmes
You know, we know some attorneys that. That would have been the first line in their closing. They would have played off that. Larry Tipton said, the only thing there is. The only thing there's evidence of is love. You that the next, he just gave.
Amy Robach
You gold to work off of. When you have those searches, I would have said, is this love? And then how to cut, like, you know, up my wife's body, whatever. You know, all of those searches just.
TJ Holmes
Start over and over, listing, wow, that's love. Just go. I mean, that's a very good point.
Amy Robach
And we don't. Yeah, a missed opportunity. In fact, I just thought about that as you were saying what you were. When you were describing how she was saying things, I started thinking about what Tipton said, and I thought, wait, she totally could have eviscerated that line with the evidence that she does have. Because there is evidence. Yes, they are lacking very important evidence, AKA a body. But there is so much evidence pointing to his guilt, maybe even his guilty conscience. You could have taken that murder work because so much was made of. Why did he use the word murder in his searches six hours afterwards? She could have pushed this guilty conscience idea. She could have pushed so many other explanations other than the one the defense gave.
TJ Holmes
Okay, you're gonna have to help me here, babe. You just made me remember it. She made a very good point about a search, and I hadn't heard anybody say it before, and I said, oh, yeah, that's true. She made a very good point. I said, that is a winning. Like, she made me sit up and think about a search he had. And she said, well, why would he search. Ah, this is what it was. I got it.
Amy Robach
I. I wish I could help you. I don't know which one you're talking.
TJ Holmes
This was it. She said, if he's desperate and his wife just died, the first thing you're looking for is not to chop up a body. The first thing you're thinking is sudden death. What possibly happened. Brain aneurysm. That would have been your first thing.
Amy Robach
Deep vein thrombosis, whatever, anything.
TJ Holmes
But she made. When she said that.
Amy Robach
I said, babe, that you're Right. When she said that, I remember thinking, now you just spoke to me. And when she talks about common sense, that's exactly.
TJ Holmes
She nailed that one.
Amy Robach
That moment when you say, right. If I walked in on the person I loved dead and I'm scared, even if I'm thinking, oh, no, they're gonna think that I had something to do with it, for whatever reason in my past, I would be immediately considered guilty. I'd still. The first thing would be mouth to mouth. You'd wanna see if you could resuscitate somebody, how to check a pulse. You'd wanna. Yes. And if I'm gonna start searching stuff, I'm gonna start trying to figure out what happened. How can I help? Is there any remedy for. What does alcohol poisoning look like? Whatever I think could have happened. But honestly, more importantly, babe, you just would call 911 because you'd want that person to have a shot. Maybe they could be resuscitated. Maybe something could be given to them that could alter the. The current state of their body.
TJ Holmes
That was the one. Let me. Let me give the prosecution credit on that one.
Amy Robach
Yep, you're right.
TJ Holmes
They made that point. And that was common. Now that's using common sense. Absolutely. Like, wait, wait. And he had a lot of hours to do anything related to resuscitating or first aid and whatever it may be. Um, but, folks, stay here. We'll tell you now how this could change a verdict, because the jury doesn't have just one option for finding him guilty. And Rhoades and I, who have watched every moment of this trial, will give you our predictions for what this jury is gonna do. Stay here. Hey, everyone. Ed Helms here, and hi, I'm Kal Penn, and we're the hosts of Irsay, The Audible and iHeart Audiobook Club. This week on the podcast, I am sitting down with Jenny Garth, host of the iHeart podcast. I choose me to discuss the new Audible adaptation of the timeless Jane Austen classic Pride and Prejudice. This is not a trick question with no wrong answer. What role would I play?
Amy Robach
You know what? I can see you as Mr. Darcy. You got a little Colin Firth.
TJ Holmes
Okay, that's really sweet. I appreciate that, but are you sure I'm not the dad? I'm not Mr. Bennett. Here. Listen to Earsay, the Audible and iHeart Audiobook Club on the iHeartradio app or wherever you get your podcasts.
Amy Robach
I don't know about you guys, but I love to buy gifts. I love it so much. I love it so much more than getting gifts. But the One thing that I do love, especially when it comes to my daughter, is getting matching things. I know it's such a cliche, but I love it so much. So I have the perfect brand for you. Pandora Jewelry can make their holiday unforgettable with a gift that says it all from Pandora Jewelry. A gift that tells a story and shows you know theirs that doesn't just sparkle but speaks. From new festive charms to forever rings and personal engravings, this season, give a gift that's perfectly theirs. Whether you're shopping for a shiny surprise for your significant other, matching bracelets to celebrate your friendship or or a heartfelt gift for a family member, say more this holiday season with Pandora. Shop now@pandora.net or visit your closest Pandora store. Xofluza Baloxavir Marboxyl is just one dose, but there's more than one way to save on your Xofluza prescription. With the Xofluza coupon, eligible patients may pay as little as $35 up to $70 off or pay $50 at select pharmacies. Visit Zofluza.com to learn more. Hi, I'm Cindy Crawford and I'm the founder of Meaningful Beauty. Well, I don't know about you, but like, I never liked being told oh wow, you look so good for your age. Like, why even bother saying that? Why don't you just say you look great at any age, every age. That's what Meaningful Beauty is all about. We create products that make you feel confident in your skin at the age you are now. Meaningful Beauty, Beautiful skin at every age. Learn more@meaningfulbeauty.com get festive with Fossil this holiday season. As a proud sponsor of Jingle Ball, Fossil has unforgettable gifts for everyone on your list. Surprise them with a limited edition watch designed in collaboration with Nick Jonas. Inspired by Nick's distinct personal style, every timepiece in this collection is a standout. Expertly crafted with statement shaped cases, genuine stone dials and etched with limited edition numbering. You can also shop the Nick List for his favorite fossil gifts handpicked by Nick himself. Explore Statement Jewelry for everyone. Coveted handbags, giftable wallets, and of course, timeless watches. From elegant Raquel for her to rugged machine for him and meticulously made automatics. There's nothing like a Fossil watch and there's a style for everybody. Add a personal touch, customize their gift with free engraving and embossing and don't forget to put yourself at the top of the gift list. Get decked out with party ready styles sure to wow the Holiday scene. Shop it all now@fil.com. Welcome back, everyone, as we await the jury's verdict in the Brian Walsh trial. The jury was handed the opportunity to start deliberating earlier this afternoon after we heard from both the prosecution and the defense give their closing arguments. The judge gave instructions. But the big difference from the charges Brian Walsh is facing versus what the jury can consider to convict him of has changed. At first we just, we were told, hey, he is being charged with first degree murder, premeditated murder, and he had already pled guilty to the lesser charges that involved dismembering his wife's body and misleading investigators. So we knew he was already guilty on those. And the only other charge that they were considering or pursuing was that first degree murder charge. Well, they decided to give the jury more than just two options. Not guilty or guilty as charged. So now they can come back with a not guilty verdict. They can come back as guilty as charged. Murder in the first degree, or the jury can come back with guilty of murder in the second degree, which, I don't know.
TJ Holmes
If you have it in front of you, we can look it up right quick.
Amy Robach
I was just going to do that.
TJ Holmes
What sentence that possibly carries and the distinction as well. There are distinctions, of course, what state we're talking about.
Amy Robach
I put in Massachusetts. Yep.
TJ Holmes
First and second degree murder. There is a difference. Certainly time difference. And the premeditation wouldn't necessarily be there, so.
Amy Robach
Correct. So in Massachusetts, second degree murder is an unlawful killing committed with malice afterthought. So the intent to kill or cause serious harm or extreme atrocity or cruelty, but without the deliberate premeditation required for first degree murder.
TJ Holmes
Does it have a sentence?
Amy Robach
Conviction carries a life sentence with parole eligibility, often after 15 years. The court sets the exact minimum. Yes. Dang, that'd be a big difference to get. Second degree versus first degree murder.
TJ Holmes
They have options now. What do you think you want to tell us?
Amy Robach
Yes.
TJ Holmes
Do you know what you. What do you think?
Amy Robach
I believe after everything I've seen and heard, I believe the jury is going to come back with a second degree murder conviction.
TJ Holmes
Why?
Amy Robach
Because I think that using common sense and seeing the evidence from the searches, the use of the word murder, his inability to be trusted in terms of what he says, and the unbelievably tiny, small minute chance that she died of something other than murder, that would all weigh to me. I feel like he absolutely caused her death. I don't know how he did it and I don't know that he premeditated it. I don't believe necessarily. I think it's very possible and maybe even probable that he did. I do think he saw text messages. He did Google William Fasto's name. I do think that he knew. So. But I don't think that the state proved premeditation.
TJ Holmes
There you go. So I, I have opinions, but as a juror, am I supposed to. I'm supposed to go with what you showed? I. I am convinced of something because of what you proved to me, and I'm just not there on it. So I, When I was talking to you earlier, if the first degree murder, I said, this is going to be a hung jury gonna do this all over again. Right? But they gave them an option. They gave them an. Anybody who's having some doubts or some questions like you and I and listening to the prosecution now has an option of going, okay, my common sense tells me this dude probably did this, but they didn't prove it. But now this gives me an option to go, eh, a little win for you, A little win for you. Maybe he still gets punished because it seems like you do want to punish him. Right. Don't you feel that, like, just there's nothing redeeming about him? No. You don't see anything about him that makes you root for this guy in the trial. It's not a just right. He's accused of something atrocious. But, yeah, I think they've given them an option now that they could say.
Amy Robach
Okay, so what do you think the jury is going to come back?
TJ Holmes
Yes, I can agree, secondary.
Amy Robach
And you know what? That's a win for Brian Walsh because they were not, the prosecution was not willing to offer him any lesser charge. And he tried because he pleaded guilty to the dismemberment charges and the misleading police charges. And the hope was that he could get a lesser charge for murder. The prosecution was like, absolutely not. So they had to take their chances at trial. And this for him, other than obviously not guilty, would be the best case scenario. But if he gets a second degree murder conviction, that's a win for him and a win for his attorney.
TJ Holmes
And like we say, we only need one on that jury, right? There could be one that's so overwhelmingly convinced that there is no way, given what the prosecution gave me, that you just need one.
Amy Robach
And what's so hard to know is how long, you know? Yes, you just need one. So how long is it going to take? You know, are they all on the same page now that they have this other lesser charge as an option or there are going to be die hard folks there who think, who think he premeditated this. He did this. I want first degree. Will that complicate the negotiations that go on in a jurors room now that you have multiple options?
TJ Holmes
You know that if I'm voting, the, the thing that would shock me is a first degree murder.
Amy Robach
That would shock me. So you think either second degree murder or not guilty. You think, you don't think they're going to come back with a first degree.
TJ Holmes
Murder charge that now that's the only one that would absolutely shock me.
Amy Robach
I actually agree with you, babe. I, I would be shocked if they get their first degree murder charge after everything we saw and the quality of his defense team.
TJ Holmes
Well, folks, this has been fascinating, but as we sit here, we are officially on verdict watch. I believe she's gonna let him go home tonight and they'll have the weekend. So, man, can you imagine going home and sitting on this over the weekend?
Amy Robach
Come back on Monday and, you know, we'll see how quickly they can. Because they will have deliberated essentially for at least three, four hours, three or four hours today. So maybe they will have made some headway. Maybe we'll have some questions on Monday. We can kind of get a sense of where they are in their deliberation process. But we will stay on top of it, everyone. So thank you for listening to us. We always appreciate that. I'm Amy Robach alongside TJ Holmes. We'll talk to you soon.
TJ Holmes
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TJ Holmes
These rich families. Concealing Things Seems to Come Naturally. Starring Diane Kruger. You can't take our children and Joe Joyner.
Amy Robach
Parents can do some terrible things in moments of frustration.
TJ Holmes
Little disasters. All episodes now streaming on Paramount. Hey, audiobook lovers, I'm Cal Penn. I'm Ed Helms. Ed and I are inviting you to join the best sounding book club you've ever heard with our new podcast, Irsay, The Audible and iHeart Audiobook Club. Each week we sit down with your favorite iHeart podcast hosts and some very special guests to discuss the latest and greatest audiobooks from audible, listen to Earsay on America's number one podcast network, iHeart. Follow Earsay and start listening on the free iHeartradio app today.
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Podcast: Amy Robach & T.J. Holmes Present
Host: iHeartPodcasts
Episode Date: December 12, 2025
In this verdict-watch episode, Amy Robach and T.J. Holmes analyze the prosecution's closing arguments in the Brian Walshe murder trial. Building on their previous discussion of the defense, they examine the prosecution’s approach, the strengths and shortcomings of their case, and their own predictions about how the jury might rule, especially given the absence of definitive evidence like a body or clear cause of death. The tone is conversational, reflective, and critical, as the hosts bring their TV journalism perspective while still considering how jurors might perceive the arguments.
More Dramatic, Less Effective:
Impact of Presentation:
Circumstantial Motive:
Desperation Motive at Closing:
Delivery Undercut Content:
Guilty Conscience Narrative Untapped:
Possible Convictions Expanded:
Predictions:
First-Degree Conviction Unlikely:
On Prosecutor’s Delivery:
On Cause of Death Admission:
Best Use of Prosecution Logic:
Missed Defense Rebuttal:
On Jury Dynamics and Possible Outcomes:
The hosts are candid, conversational, and bring their broadcast experience to scrutinize not just what was said, but how it was delivered—a crucial element in high-stakes trials. They’re empathetic to a jury’s responsibility and maintain a critical but fair stance toward both sides in the courtroom. Their closing prediction: a second-degree murder conviction is most likely, with both expressing skepticism that first-degree will be found given the prosecution’s case structure.