
After emotional testimony from a friend and one of the last people to see Ana Walshe alive, the prosecution has rested its case against Brian Walshe.
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E
I said, what work emergency could there have been on New Year's Eve?
D
The phone call that put one friend on edge.
E
His tone.
Was not panicked.
D
Plus, learning more about Ana's mental state as the prosecution rests its case.
F
She was just really upset about so much. She really hit a breaking point.
D
What we could expect when the defense steps up to the plate. Commonwealth Confidential the Bryant Walsh murder trial starts right now.
F
A new phase of the trial is about to begin. Today the prosecution rested its case, clearing the way for the defense to present its own evidence. Good Evening, everyone. I'm J.C. monahan.
D
And I'm Glenn Jones. So far There have been 47 witnesses on the stand testifying over eight days. One of the final prosecution witnesses, the man believed to have been the last person other than Brian to speak with Ana before her death. Our Brianna Borghe is live outside Norfolk Superior Court in Denham.
B
Brianna.
Jem Mutlu. You guys said he saw the Walsh family as his own. He said he considered Ana a Confidant saying they would have long conversations about life. And today on the stand, he became emotional, recounting the last time he saw her. A rare mid trial voir dire playing out in court today. Key witness Jem Mutloo asked questions about his testimony before the jury entered the courtroom. A big focus, a conversation he had with Anna Walsh on December 29th.
E
My memory of the conversation is that they had marital issues and that she was seeking counseling. I specifically remember telling her, I don't want you to be too strong in.
B
Front of the jury, Both sides pressed for more details.
D
What did she say about not seeing the children?
E
That it was difficult for her.
F
You talked to Ana a lot about her relationship and her marriage and being a mother.
E
Yeah.
F
During those conversations and your observations, Ana told you that Brian wasn't the jealous type.
E
That's correct.
B
Mutloo emotionally describing his visit to the Walsh's home on New Year's Eve in 2022.
E
Ana came running out of the house.
To greet me.
B
Prosecutors asking about that night.
D
What was Brian Walsh's demeanor like while the three of you were together?
E
He seemed fine. He seemed happy.
B
Mutlu said he left between 1 and 1:30 in the morning. He didn't speak to Brian again until days later when Brian called to tell him Ana was missing after leaving for a work emergency.
E
I was incredulous. I said, what work emergency could there have been on New Year's Eve? I said, listen, did you guys have an argument or something? Did you have a fight? His response was.
No. Did it look like we had an argument? You were there.
B
Mutlu described Brian's tone as, quote, not panicked. Here's the defense on cross.
F
Didn't make sense to you? You were there until 1:30. They weren't arguing.
E
They weren't arguing?
F
No. You said the night was joyful.
E
That's correct.
B
The trio also signed a champagne box on New Year's Eve. Mutlu read their messages aloud.
E
We are the authors of our lives. Courage, Love, perseverance, compassion and joy. Love, Anna. To the best triumvirate ever. Love, Brian. No place I'd rather be but here. New Year's Eve 2022. Jen.
B
We asked Mutlu about Ana outside of court today. He said she was, quote, a wonderful person. With the prosecution resting its case, we do expect the defense to start calling witnesses tomorrow. For now, we're live in dead. I'm Brianna Borg. NBC10 Bost.
F
Brianna, thank you. With us tonight is retired Massachusetts judge Carol Erskine and criminal defense attorney Elise Hirsh. Welcome both of you to Commonwealth Confidential. We just heard about Jem Mutlu, who took the stand today. A lot of people are saying that this was the most important testimony, not just for the prosecution, but perhaps for the defense. Let's start, Carol, with you. What did you think about his testimony? And do you think he was did the job he needed to do?
C
I don't think he did the job he needed to do. And in fact, I can actually see why the judge had to do a competency evaluation there. Not incompetency, meaning that a witness has a basic promise, first of all to tell the truth, but then there has to be a determination that their observations can be in their memory, can be conveyed to a jury. And there's clearly a question. And it was clear the prosecutor had that question was, which is why they have to get a voir dire. Because under the rules, a judge is the ultimate decision maker in those issues.
D
Elise, let's talk about some of the tension in the courtroom that I think Carol was just touching on there. While Mutlu was on the stand, there were plenty of sidebars and repeated mentions for motions to strike. Here's a brief example for you at home. Understood. It's been three years, sir.
E
It has.
D
Okay.
E
I did give detector. Harrison.
F
Objection, you, Honor. Move to strike.
C
All right, we'll strike that last portion.
E
That obviously, as a mother not seeing her children.
F
Your Honor, objection. Move to strike. Ana Walsh told you.
That she told her husband that she had a crush.
C
I'll see at the side of the bench.
D
So at least many of those motions to strike had to do with his conclusion that they were having marital issues. A lot of fuss there for the jury to sort through. Do you think they heard him when he's trying to convey that there were marital problems, or did it get lost in all of that?
A
I think it came through pretty clearly what the prosecution was doing and then what the defense was doing. There were more objections, I think, during his testimony than there were in any of the 100%.
D
Yeah.
A
And the reason for that is because both sides were afraid of the answer, so to speak. So both sides knew what he was going to say. It may have been already likely pre litigated before the trial.
F
And.
A
And they knew what was coming, so they were trying to limit it before it was said. It's hard to unring a bell. You've probably heard that expression before.
C
Skunk in the dirty box.
A
Exactly. It's like, don't listen to that bell that just rang out. Like, don't listen to how long it was how high it was, how loud.
D
It was, which is almost impossible to.
A
Pretend it didn't happen. And it's like, don't look over there. And everyone looks around. So almost objecting to it. You have to do that on the defense side to protect the record if there's a conviction for appeal. But it almost draws more attention to what the person just said. When people are objecting and arguing, then you start listening. If someone's having a louder argument in a restaurant, you're looking over and trying to listen.
G
So.
D
Good point.
A
I think it actually really drew the juror's attention. The one other thing I would add to that is sometimes the answer was not given, but the question was asked. So when the question is asked, the judge will instruct the jury, don't take what the attorneys say as evidence. It's not evidence. But again, it's like, we're going to say something. Don't listen to that. So sometimes the question actually becomes, this is what I'm going to argue. And it gets the point across even if the witness doesn't get to answer.
F
Like, did Brian know she was having an affair? That question alone plants a seed. We also heard some emotional testimony from another friend of Ana's, Alyssa Kirby. Here's what she had to say, to say on the stand today. Did Anna ever tell you how Brian.
A
Reacted to his mother saying the psychic.
F
Saying that she would having an affair? Yeah, she told me that he thought it was equally as crazy or that was what he said to her. So again, according to that testimony, Brian Walsh thought it was crazy his wife would be having an affair. The defense has been stressing that he did not know about the affair. So after the prosecution rested, the defense asked the judge for a directed verdict of not guilty, which is standard. Here's attorney Larry Tipton.
D
In the facts and circumstances of this case, even if you consider.
All of the evidence in the light most favorable to the commonwealth, that the circumstantial evidence and the inferences have not been proven on the elements of premeditation and intent.
F
The defense says the prosecution failed to show Brian Walsh knew about the affair and therefore failed to prove their case beyond a reasonable doubt. Minutes later, the judge issued this ruling.
C
There is sufficient evidence for this case to go to the jury for them to determine the three elements that are before them. But it gets over the Latimer standard.
So the defendant's motion is denied.
F
Let's get to Caroline Elise with the decision the judge came to quickly. And would you have been surprised if she had Said something other than that.
C
I would have been shocked if she said anything other than that. I mean, almost all the time, a request for a directed verdict or a required finding is denied because this looking at the standard which basically under Latimore says the judge just needs to find that. And she used that language. She used the language from Lattimore was the. Did the prosecutor present sufficient evidence such that it's possible that there could be a conviction? That's the standard. And because that's the standard, and that's exactly what she said, she used the language from Lattimore. I wasn't surprised. I think it was absolutely the correct decision.
I assume.
F
Do you agree you're nodding your head yes.
A
I think as a defense attorney, I'm always very vehemently arguing for a directed verdict. I wouldn't say it's never happened, but it's very rare in a murder trial. A judge is not going to direct a verdict out, but you have to protect the record, always with even objection, even if you don't want to object or making an argument for something in case there's a conviction.
F
Do your job like you have to do your job. No matter.
A
Right.
D
Carol, I know you're a retired Massachusetts judge, so let's talk about judges a little bit more here. You did get a bit of a reputation for criticizing Beverly Kanoni during the Reid trials. I wonder how this judge, Judge Diane Frenier, compares to Judge Kanone.
C
Right. My criticism, I think, of Judge Kanoni was not, you know, a criticism where I'm saying that she's a bad judge. What I criticized was most often were her decisions regarding the Sixth Amendment rights of Karen Reid, because there were times, I thought, during her decisions regarding expert witnesses in particular, and denying Karen Reid the right to have certain witnesses fully testify without limitations. So those were my criticisms, comparing expert witnesses of the prosecution and the defense, along with Judge Kanoni's decision. This judge is very impressive. I mean, there are a lot of things I really like about her. She has amazing control of the courtroom. Most of the time, she's on time. She's got a very calm demeanor, and her decisions, you know, show a lot of deliberation and a lot of thought. And I think for the most part, she's done an excellent job. I think she's very impressive.
F
Elise, what would you give for grades at this point in the trial for the prosecution and the defense team?
A
Can I take the fifth on the.
F
No, no, no.
D
We need a midterm grade. We're at the midterm point what's the grade?
A
I'd say it's a tie. No, I'm going to, I'd like to reserve for after closings. I think there's a lot out there, but it hasn't all been woven together. We also have not heard the defense's case yet. They're going to start calling witnesses tomorrow and Brian Walsh may or may not be one of them. Likely not tomorrow if he takes the stand at all. I would anticipate Friday at the earliest, but likely Monday for time to prepare. I just wanted to say one thing about Judge 4 near. And it's not because I appear in front of her sometimes that she's one of the best judges I've ever been in front of Judge Vernier. But she, she's a very, she has great control of the courtroom. Like you said. I tried a case in front of her earlier this year. She moves things along. She is very smart. She makes quick decisions, she doesn't waver and she runs a tight ship.
F
Exactly.
A
Yes. So there's this is trial is moving along much quicker, I think than a lot of us anticipated. But knowing her, this is, this is exactly her style.
F
All right, both of you stay around please as we go into this break. We have much more to talk about. Up next, what role does Brian Walsh's mother play? She's been a constant in court and today she was brought up in testimony. There was a comment though that was struck from the record. Stay tuned. Why the mention is sparking further debate.
D
And as we go to break, we're taking a moment to remember Ana Walsh. She grew up in Serbia, later immigrated to the U.S. she ended up settling in Cohasset with her husband. She became a successful businesswoman who was co parenting three young sons. @ the time of her disappearance, she was just 39 years old. You're watching Commonwealth Confidential, the Brian Walsh murder.
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Trial.
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F
Podcasts.
You had a conversation with Anna about Diana's observations of you holding her hand that day at her husband's.
E
Here? That's. That's.
F
Correct.
And Anna informed you that Diana was upset that you were holding her.
E
Hand? That's.
C
Correct. Sustained. The answer.
D
Stricken. Although the jury didn't hear that answer, we want to share it because it sheds some light about the relationship between Anna Walsh and Diana, her mother in law. She's been a stoic figure in court to support her son. Her suspicions of Ana are well documented. She allegedly hired a private investigator to look into Ana's new life in D.C. the defense has argued Brian didn't know about Ana's affair with Will Fasto, but it seems Bryan's mother had suspicions. Courtroom insider Sue o' Connell has joined the conversation. Elise is back with us. Sue, tell us about your courtroom observations of Diana.
G
Walsh. So I was in the courtroom this afternoon. I wasn't in this morning, but I've been watching her almost exclusively because she's one of the few people in the courtroom today. There were more lawyers in there, most likely because the commonwealth was resting. And she has been very stoic, very quiet. Doesn't. There's a big screen right next to her to show evidence. She's not looking at that screen. She looks this way. But when this afternoon's witness, Lisa Kirby, was on the stand, she was as animated as I have ever seen her. Kirby said something about her looking for a psychic or that the mother was. The mother was checking in for a psychic and she made a visible face and a role and a little laugh. I started texting you guys like she's laughing about this. And when the picture of Kirby and Anna was put up on the screen, she actually looked at it. That's like the first time I've seen her actually look at some photographic, you know, photos of evidence. And then when she came off the Stand. She put on her glasses and looked at her and then took her glasses off, put them in her bag, and then kind of rolled her eyes at the. The one of the court officers. And they're all kind and wonderful and nice and.
F
Compassion. The. On his close friend, she had the most.
G
Reaction. Yes, these friends have triggered her.
D
In some way, at least. On this issue of whether or not Brian Walsh knew about the affair. It's one of the few issues in this case that is hotly contested by the two.
A
Sides. Explain why there has still not been any direct and specific evidence that Brian knew about the affair. The witness today, Alyssa Kirby, testified that Brian. Brian knew that Ana had. I think it was actually Jen Mutlu this morning. Brian knew that Ana had a crush on Fasto and that he didn't care. And then he also said that there were no issues about it. So that was strange. And then the witness today came close, Alyssa Kirby. She came close. She said, oh.
Brian Walsh knew something about it, but still not that they were in a relationship having an affair and she was planning to leave, which is what some of the evidence has.
D
Been. So for the jury, do you think it's still an open.
A
Question? It's absolutely an open question. The prosecution has a huge hill to climb in front of them with regards to beyond a reasonable doubt. They're going to ask the jury to make inferences, and the defense is going to say that it's likely going to say it's pure speculation. There's no way to know that he actually knew about it. Even Jim Mutlou said, you know, Ana was texting, but there wasn't anything about a conversation that Brian overheard or any reaction from him on the fact that she was on her phone on New Year's Eve. So that we really don't have direct evidence of that.
F
Yet. At the same time, I have to ask you, at what point does the jury get to know that he has pled guilty to dismembering on his body? Because if you know, a manif. A man is saying, I am capable of this. I am capable of. Of hacking my wife's body apart and spreading it all over Massachusetts, but I did not murder her. That's quite different than not knowing that. And the evidence that has been presented so far, which, as you said, there's nothing really, there's no solid ground there to say why he would have flipped out in this one moment to have killed.
A
Her. I think that's a great question. There were other defenses available that the defense in this case so for example, if the defense had said this was a fit of rage and he found out about the affair and then overreacted and killed her by mistake, then it would have been a logical. Maybe not logical, but in a legal sense, a logical next step to try to cover it up. So the question is, if it was an accidental death or a sudden death, why is he covering it up? I did a dismemberment case. Another attorney and I tried a dismemberment case in Massachusetts about eight or nine years ago. A brother and another brother got in an argument. My. Our client killed his brother and then ended up dismembering him over several days. He was married and had grandkids at the time and went back and lived his normal life as he was doing this very grotesque thing. So when people go into a state of shock, for some reason they can act a certain way. And it's not necessarily how we would act because we're not in that state of shock. Hopefully none of us have to experience that ever in our.
G
Lifetime. And I would say, you know, I've changed my mind a bit on this, too. The jury isn't thinking disposal of body. They're thinking murder. Right? So that's what they are here to decide. And when they're hearing this evidence of the DNA of the blood, seeing the visuals of him dropping things off, you know, we're looking at it like, well, when aren't they going to learn what he pled guilty to? They may not care about what happened to the body. They may be considering that as evidence that he committed.
F
Murder. In other words, there's DNA of her on a knife. She said that he killed her that.
D
Way. Right to that point, sue, we heard maybe for the first time today, really emotional testimony about who Anna Walsh was around this table. We've been waiting for that moment. We certainly got it today. Did you see the jury react to.
G
It? They weren't reacting. They're very stoic and they're very businesslike. I keep seeing some of the men wipe their eyes sometime. I'm too far away to make a conclusion here, but definitely when we heard about the DNA, people were wiping their eyes and looked grim. During this testimony this afternoon, you couldn't help but empathize with the witness and what happened. And the description of Ana, we haven't heard a bad word about her in any shape or.
D
Form. Not a.
G
Peep. And it's definitely, I think, landing with the jury that they are getting a picture of who this person is and the loss that it is to her friends and family and.
F
Community. Elise, would you put Brian Walsh on the.
A
Stand?
I think that it depends on the defense. I think in this case the defense doesn't have to put up their own theory. They could just argue in any case the commonwealth can't prove this. Right. They can't prove X. But in this case they didn't say that their defense is actually this other thing happened. And they're going to, based on what they said in their opening statement, have to present some evidence, whether that's a scientist or a medical doctor or Brian Walsh himself to support that because the theory is just a theory unless it has some evidence. So they did take the position where they're going to put on a case. So I think we're going to see that start.
D
Tomorrow. Man, it will be a dramatic moment if it happens. All right, Elise, sue, thank you for joining us on the day that the prosecution rested his case. A quick note before we go. Be sure to stay with us for continuing coverage of the trial. We have gavel to gavel coverage on our sister station Neck. You can also watch the trial on our YouTube.
F
Channel. And if you you have any questions about the case we want to hear from you, just send them to.
D
Commonwealth.Confidentialbcuni.Com and remember the NBC 10 Boston Award winning podcast, the searches for Anna Walsh? You can find it on our website or wherever you get your podcasts. You're watching Commonwealth Confidential, the Brian Walsh murder.
F
Trial.
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Podcast: The Karen Read Murder Trial: Canton Confidential
Host: NBC10 Boston
Episode Title: Brian Walshe trial recap | Looking back at the prosecution's case and ahead to the defense
Date: December 11, 2025
Main Theme:
This episode delivers a comprehensive recap of the prosecution’s case in the Brian Walshe trial, following the alleged murder of Ana Walshe, and a preview of the defense's forthcoming strategy. The discussion explores key witness testimony, judicial decision-making, and the critical challenge of establishing motive and knowledge regarding Ana's affair, all while highlighting courtroom dynamics and the emotional gravity of the case.
(Selection: 02:03 – 05:20)
The prosecution rested its case after eight days and 47 witnesses.
“They weren't arguing?... The night was joyful.” – Jem Mutlu [04:34]
“I said, what work emergency could there have been on New Year's Eve? Did you guys have an argument or something?... His response was, ‘No. Did it look like we had an argument? You were there.’” – Jem Mutlu [04:05]
Voir dire conducted mid-trial to assess witness Mutlu’s competency, with the judge ensuring he could relay clear and truthful observations.
(Selection: 05:20 – 08:47)
“There were more objections, I think, during his testimony than... any of the [others].” – Elise Hirsh [07:15]
“It's hard to unring a bell... almost draws more attention to what the person just said.” – Elise Hirsh [07:56]
(Selection: 08:47 – 13:57; 16:07 – 23:37)
Ana's friend Alyssa Kirby's testimony: uncertainty over whether Brian knew of Ana’s affair; defense highlights lack of direct evidence that Brian knew or was motivated by this knowledge.
“There has still not been any direct and specific evidence that Brian knew about the affair.” – Elise Hirsh [18:35]
Discussion of whether Brian could have acted in a “fit of rage” or if the cover-up was premeditated.
“When people go into a state of shock, for some reason they can act a certain way... It's not necessarily how we would act because we're not in that state of shock.” – Elise Hirsh [21:32]
(Selection: 10:01 – 13:57)
“There is sufficient evidence for this case to go to the jury... Defendant's motion is denied.” – Judge Diane Frenier [10:01]
“She has amazing control of the courtroom... has a very calm demeanor, and her decisions show a lot of deliberation and thought.” – Judge Carol Erskine [12:53] “She moves things along. She is very smart. She makes quick decisions, she doesn't waver and she runs a tight ship.” – Elise Hirsh [13:57]
(Selection: 16:07 – 19:55)
“She has been very stoic, very quiet... but when this afternoon's witness, Lisa Kirby, was on the stand, she was as animated as I have ever seen her... She made a visible face and a role and a little laugh.” – Sue O’Connell [17:03]
(Selection: 19:55 – 22:59)
“There's DNA of her on a knife... we heard maybe for the first time today, really emotional testimony about who Anna Walsh was.” – D [22:03]
(Selection: 22:22 – 22:59)
“During this testimony this afternoon, you couldn't help but empathize with the witness and what happened. And the description of Ana, we haven't heard a bad word about her in any shape or form... Jury is getting a picture of who this person is and the loss that it is to her friends and family and community.” – Sue O’Connell [22:51]
“We also have not heard the defense's case yet... Brian Walsh may or may not be one of them [to testify]...” – Elise Hirsh [13:06]
The episode captures a tense, analytical atmosphere, blending legal strategy with emotional testimony. NBC10 Boston’s hosts and guest commentators maintain a balanced, expert perspective, emphasizing the procedural rigor, unresolved questions about motive, and the personal tragedy underlying the headlines.
The shift from prosecution to defense marks a pivotal moment. Whether the defense can counter the prosecution’s narrative—and whether Brian Walshe will take the stand—remains to be seen.