Serialously with Annie Elise – Episode 346: "Refusing to Testify? Is Brian Walshe Going to Walk Free? | Trial Week 2 Recap"

Date: December 12, 2025
Host: Annie Elise
Podcast by: Annie Elise & Audioboom Studios

Episode Overview

In this bonus episode, Annie Elise delivers a fast-paced, detail-rich recap of the second and unexpectedly final week of Brian Walshe's murder trial. Focused on the disappearance and presumed murder of Ana Walshe in January 2023, Annie walks listeners through the prosecution and defense strategies, critical evidence, and trial surprises—including the possibility that Brian Walshe may walk free. The recap is filled with Annie's signature candid commentary, skepticism of the defense, and insight into how circumstantial evidence could impact the jury's verdict.

Key Discussion Points & Insights

1. Case & Trial Recap (01:02–05:50)

• Refresher: Brian Walshe is on trial for the murder and dismemberment of his wife, Ana Walshe, who disappeared New Year's Day 2023.
  • Annie: “This loser, Brian Walshe, is accused of murdering his wife, Ana Walshe... the prosecution has already shown some pretty wild evidence, in my opinion, that Brian absolutely dismembered her body, lied to the police about it.” (02:37)
• Defense’s Theory: Not denying dismemberment—claims Brian panicked after discovering Ana dead from a sudden medical event.
  • Annie (sarcastic): “So, yeah, he dismembered her. Yep, yep, yep. That’s right. Their whole argument is that he did this in a, like, frenzied panic...I just don't think I should call 911. Like, are you out of your mind?” (04:39)

2. Prosecution & Defense Strategies: Evidence and Cross-examination (05:51–19:40)

• Digital Motives & Searches (05:51–09:50):

  • Brian googled for details about Ana’s affair partner (“William Fasto”), “Anna Walsh found dead,” and two buildings her company managed, suggesting premeditation.
  • Defense argues these were concerned husband searches—looking into a potential plane crash or disease outbreak.
  • Annie: “It sounds to me like Brian was basically deep diving into his own wife...Also looking into the man she was cheating with, their company, their buildings. The whole kit and caboodle.” (07:12)

• Financial & Personal Plans:

  • Defense points to texts about buying property and a Porsche as proof of ongoing marital plans—Annie is unconvinced, citing cases where perpetrators maintained a façade.
  • Annie: “Nobody ever is buying somebody luxury gifts or pretending that they’re going to if they’re planning a murder. Which, if you are not seeing me right now ... that is complete bullshit.” (11:10)

• Physical Evidence:

  • Testimony from Dr. Richard Atkinson, medical examiner, explained blood evidence: a rug with blood, clump of hair, and a blood clot in Brian’s car.
  • (Defense: Sudden unexplained death is possible.)
  • Medical Examiner: It’s “definitely not common at all for a healthy 39-year-old woman to just drop dead out of nowhere.” (16:15)

• Brian’s Behavior After Ana’s Disappearance:

  • Called Ana’s workplace instead of police; lied about being unable to reach her.
  • Seen on multiple dumpsters’ surveillance footage discarding bags, including at a local liquor store not open at the time.
  • Liquor store employee identified Brian as a regular, loitering “with nothing better to do.”
  • Annie (on surveillance): “Which reminds me a lot of Barry Morphew… Like, oh, I have all this trash… I’m going to scatter it... at three different dump sites and dispose of my garbage.” (17:31)

• Cleaning Supply Purchases:

  • Large transactions for cleaning products at several stores immediately after Ana’s death; caught on camera wearing gloves and mask with his son present.
  • Annie (on son in tow): “Dragging your kid to the store to get cleanup supplies to dismember their mother’s body is truly sick.” (22:25)

3. Forensic Testimony & DNA Evidence (25:59–33:20)

• State police and forensics experts found blood throughout house, basement, tools (knife, hammer, hacksaw, hatchet), and items like towels and slippers.

• Found baking powder covering evidence—mistakenly purchased instead of baking soda, per Brian’s internet search for “can baking soda make a dead body smell good.”

  • Annie (mocking Brian’s criminal acumen): “He couldn’t even manage to grab the right item…He got the wrong thing. So not to be rude, but he doesn’t exactly scream genius criminal mastermind.” (28:32)

• DNA analysis linked blood and tissue in garbage bags and Tyvek (hazmat) suit back to Ana and Brian.

  • Defense argued possible cross-contamination in trash bags; Annie counters this feels weak.

4. Testimonies on Anna & Brian's Relationship (33:20–41:00)

• Jem Mutlu (Ana’s boss and close family friend):
  • Testified Ana and Brian seemed happy at New Year's Eve dinner—no outward sign of tension or abuse.
  • Jem: “I always thought there was a lot of love between them and that she was very much in love with Brian.” (approx. 34:39)
• Alyssa Kirby (Ana’s friend):
  • Ana confided she was at a “breaking point” in her marriage; stressed by Brian’s fraud case and its effects.
  • No intimacy for over a year; Brian constantly sought reassurance from Ana but didn’t reciprocate.
  • Ana admitted both to the affair and to Brian; Brian’s mother used a psychic to confirm infidelity.

5. Trial Surprises and Case Developments (41:01–44:52)

• Prosecution Rests Abruptly: Only 8 days of testimony—much shorter than the expected 4–6 weeks.

• Main Uncertainty: Is there enough evidence—specifically non-circumstantial—to convict for murder without Ana’s body?

  • Annie: “Without Ana’s body, it could be really difficult to convince any jury beyond a reasonable doubt.” (41:39)

• Defense Rests: No witnesses, Brian Walshe does not testify. (42:51)

  • Annie: “Not only is Brian Walshe not testifying, but the defense didn’t call any witnesses. They rested their case almost immediately. And I think the judge was kind of pissed...” (43:02)

Notable Quotes & Memorable Moments

• On the Defense's Medical Explanation:
  “Are you out of your mind? Is this the best that the defense could come up with? Honestly, I’m kind of surprised that they went with something so bizarre.” – Annie (04:53)

• On Brian's Internet Searches:
  “He was basically deep diving into his own wife, Anna... Searching Anna Walsh found dead. Not, you know, very normal searches, I would argue.” – Annie (07:12)

• On the Defense’s Loving Husband Argument:
  “Nobody ever is buying somebody luxury gifts or pretending that they’re going to if they’re planning a murder... that is complete bullshit.” – Annie (11:10)
  (Reacting to claims about Porsche/property as evidence of love, not motive.)

• On DNA Cross-Contamination:
  “Yes, it’s technically possible, but also, I mean, come on. Like, come on. How else would blood and Ana’s DNA end up in that dumpster? It does not make sense. It kind of feels like a weak argument, if you ask me.” – Annie (33:00)

• On Bringing Their Son to Buy Cleaning Supplies:
  “Dragging your kid to the store to get cleanup supplies to dismember their mother’s body is truly sick.” – Annie (22:25)

• On the Defendant’s Criminal Competence:
  “He was supposed to be getting baking soda, not baking powder. And he got the wrong thing. So not to be rude, but he doesn’t exactly scream genius criminal mastermind.” – Annie (28:32)

Important Timestamps

• 01:02–05:50: Case background, defense argument clarified
• 05:51–09:50: Accusatory internet search evidence, defense explanations
• 09:51–13:00: Property, Porsche, and the “loving” husband theory
• 15:59–17:56: Medical examiner testimony and “sudden death” possibility
• 18:00–19:40: Brian’s suspicious behavior after Ana’s disappearance
• 20:00–25:00: Cleaning supply purchases and surveillance footage
• 25:59–33:20: Forensic, blood, and DNA evidence
• 33:20–36:40: Testimonies from Jem Mutlu, Ana’s boss/friend
• 36:41–41:00: Testimony from Alyssa Kirby, marital stress, and infidelity
• 41:01–44:52: Prosecution/defense rest, closing arguments, case outlook and Annie’s analysis

Final Thoughts / Annie’s Perspective

• Annie questions the sufficiency of purely circumstantial evidence but maintains, “I think it’s a pretty slam dunk case...I’m hoping the jury uses some common sense and says, hey, if she really did die of some unexplained medical event, any reasonable person would have called for help immediately. They wouldn’t have jumped to the solution of, oop, gotta get rid of her body, gotta dismember her, gotta cover my ass, gotta Google all these things.” (42:25)

• She notes the defense’s abrupt resting of their case—with no witnesses or testimony from Brian—possibly signals a lack of confidence in their own argument.

Closing Thoughts & Community Call

• Annie invites listeners to share their opinions, noting she will update in real time on Instagram as the verdict breaks.
• Final sendoff: “Be nice. Don’t kill people. Don’t join any cults. Maybe stay away from people named Brian...and be careful what you search on Google.” (45:58)

For More Deep Dives:

• Annie references earlier episodes covering the case, recommended for those wanting a deeper timeline or all the players.
• Instagram/YouTube: @ _annieelise

This summary captures the tone, structure, critical content, and energy of Annie Elise's analysis, providing a comprehensive guide to the episode for those who didn’t listen.