The Brian Walshe Trial Day 8: The Prosecution Rests Its Case - podcast episode cover

The Brian Walshe Trial Day 8: The Prosecution Rests Its Case

Dec 10, 202515 min
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Episode description

It was the prosecution’s final day of testimony and they saved the best for last. The day began with Gem Mutlu, one of the Walshe’s dear friends and most notably, the man who spent New Year’s Eve with the couple in the hours leading up to Ana’s death. The prosecution struggled with Mutlu’s testimony, and it’s unclear whether it did more harm than good. The final witness for the state was one of Ana’s best friends who had some incredible details we have yet to hear about the Walshe’s marriage, but once again, she seems to have both helped and hurt the case against Walshe. 

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Transcript

Speaker 1

Hey there, folks. It is Wednesday, December tenth, and the prosecution has rested its case against Brian Walsh, but not before giving us one a hell of a day in court. And with that, welcome to this episode of Amy and TJ Robes. This this day was all about one witness. Is that fair to say? A highly anticipated witness?

Speaker 2

Yes, jem Mootlou. I was trying to say his name, Christ.

Speaker 1

They were as well in court.

Speaker 3

It's Mootlou, right, Jem Mootlou. Yes.

Speaker 2

He was Anna Walsh's former boss and a friend to both Anna and Brian, and most notably, he was with them the night that everything went down on New Year's Eve.

Speaker 3

He was with them until one thirty in the morning.

Speaker 1

Okay, that's the setup, right, that's the setup we got. This is the night we've been hearing about. This is very very important to hear from this witness what he saw. You would could argue he is as key to this story as anybody, is he not besides William Fastaw Maybe.

Speaker 2

True because and I even think perhaps more than that, because he had had an hour and a half two hour phone conversation with his wife with Anna, and I guess a forty five minute one the day before where she was, according to him, venting and talking about her marriage. And then he got to witness the couple together that night. Did they fight, did they drink too much? What were they like? He's the only person who could actually give insight into that.

Speaker 1

So this sounds like it should be simple. Get on the stand, we'll ask you what you saw, and there you have it. Folks, this was a mess of a day in court. I don't know how the prosecution is going to think this was a winning final day for them. This witness was a mess from jump Street and the reason romees we got off to a slow start or a late start. I should say. The jury didn't even

come until ten o'clock. She told him yesterday, I don't come until then because they wanted to get this witness on the stand and give some testimony so they could question him outside the jury. It was a shit show trying to get him to answer questions.

Speaker 2

Right because he said it was three years ago. I don't remember exactly what the conversation was that I had with Anna that forty five minute one. I believe it was on December twenty ninth, and since it was three years ago. I can't remember the exact words, and the judge said, that's fine, you don't have to know the exact words.

Speaker 3

Paraphrase what she said. He just couldn't do it.

Speaker 2

He kept saying, she told me about their marital problems, and then every time there would be an objection because that was him basically categorizing it or characterizing what it was.

Speaker 3

She said, now, what did she say?

Speaker 1

But we went round and round him characterizing it as marital issues. He said, I walked away from the conversation with the feeling. I think he kept saying the feeling that there were marital issues. That doesn't work in courts. So we're going round and round, attorneys and the judge. Everybody is almost scolding him, trying to get him to understand.

He can't do it. So now he freezes up even more, I would argue, and he though Robes never was able to give any testimony about something she said that suggests that she had a problem with her marriage.

Speaker 2

Yes, it was almost after and we were all thankful. A certain point, the prosecution just said never mind because they couldn't get him to answer. And you just kept saying, well, I don't remember the exact words. And that was really frustrating because it's like, Okay, well that's fine, but you have to give an example of what she said.

Speaker 3

Can't.

Speaker 2

You can't say it made me feel like they had marital problems. So that was a whole whole mess.

Speaker 1

Well, it didn't feel like he was trying to fill in some holes and some blanks, like he was trying to fill in with what It almost felt at times that he was. He wanted to help the prosecution as best he could. This was a close friend of his. It just he wasn't a good witness for the prosecution. And even if there was information in there that was helpful, the way it was presented, the mess that it was.

When the jury finally came in and he did give testimony, it was still a bunch of objections and stopping and even the judge had to jump in at some point and no, you can it seemed like it did. It seemed like a child you were trying to get something out of or to follow instructions. I'm not trying to be offensive to him by saying he's a childlike I'm trying to give an impression of what it felt like in court today.

Speaker 3

It was messy. Yeah, it was very, very very messy.

Speaker 2

And what Jem did and what he was able to at least he was able to establish a couple of things. First of all, he said that it was a festive, fun night and they appeared to be happy.

Speaker 3

Even that went around and around a bit, but he did admit.

Speaker 2

That and then asked, this was really interesting when he talked about well, First of all, he also said that he saw Anna send a text to Will Fastau earlier in the night. So he said, they took a picture of themselves and sent it. She's like, let's send it to Will. So he did establish that he saw that

text take place. But then what I thought was the most interesting part about his testimony for the prosecution was when he said that Brian called him on January fourth, several days later and said that he had not seen Anna since January one, And he said, my immediate response was did you have an argument?

Speaker 3

Did you have a fight?

Speaker 2

And he said it was a strange response because he said, Brian said, no, did it look like we had an argument. You were there, But he just said he was so even keeled, he was so not panicked that he was immediately thrown off by Brian's demeanor.

Speaker 1

Yeah, I mean, hasn't everyone described him and everything we've seen, even though the police video, audio and video, we haven't seen him worked up or anybody testified to him having a temper of any kind.

Speaker 2

Have we no? And but also unemotional when it comes to his missing wife. That that was also a note just seemed so robotic about it all, so calm, not like someone desperate to find out what happened to his wife. That was something that has been very eerie to watch him to hear in real time.

Speaker 1

He confirmed what was and again I felt at times he was even begrudgingly admitting that they were a loving couple. He had to admit, yes, she loved and was in love with our husband. He was admitting a lot of things. And the night sounded really fun. Yeah, the sun came and hung out for a little while. The witness today, the friend who was there, said he considered the kids his own. Yes, like they were that kind of close.

That night sounded fun. They showed the box, the champagne box that they all signed and had these nice, beautiful messages looking forward to the future. He described, Now, this gives you insight into the evening. Nothing was wrong before that dude left.

Speaker 2

That is exactly what Mutloud testified to. And yes, reading what Anna wrote on the champagne box, basically saying, you know, we made it. We're still here and together. And it just to think that that was her last night, the last message she would ever write on a.

Speaker 3

New Year's Eve.

Speaker 2

And he got emotional a couple of times too, like you know, actually got choked up when he was testifying about Anna and about their relationship. But he the last little bit he tried to get in for the prosecution when they tried a final time to discuss how Anna talked to him during that phone call about the marriage. He said, she said there were cracks in the marriage.

Immediate objection and overruled. But I wonder still even though and he said that many different ways, each time there was an objection, each time it was sustained, excuse me, not overruled. The jury still hears it. And that's what I leaned over and looked at you, and I said, the jury still hears that. They're hearing him say that, and that still has an impact.

Speaker 1

And there was a lot of that today to the point it was hard to keep up. It was hard to find a flow, It was hard to find a story. Even the attorneys on the prosecution side at least struggled to build sentences or questions the right way that wouldn't get an objection. It was just a lot of that today that didn't necessarily tell much of a story you had. You know what, if you're on the jury, yes it's there, but you had to find it for yourself. Nobody put a good story together today.

Speaker 2

That is exactly true. I remember just thinking, why can't we button this up and explain? Even when the prosecution had Brian Walsh's and I don't know what the term was, It's not obviously a parole officer, but it was someone who was in charge of making sure he stayed on house arrest with I don't know if he had a monitor. I believe he must have had some sort of ankle monitor on him, but he wasn't allowed to leave the house.

Speaker 3

But even going through what he was.

Speaker 2

Allowed to do and what he wasn't allowed to do, I didn't understand what she was getting at. Are you saying that he planned a fake six hour window that he claims he was driving his mother back home from surgery when clearly we all know now during that period of time, he was going to Low's and he was going to Walgreens and he was getting equipment and things

to clean up and to actually dismember his wife. So was the implication that he had premeditated that so made up an excuse for his ability to leave his house. But they never brought it home. They never made it make sense. And I just didn't understand what the point of any of that testimony was.

Speaker 1

And we listened to every single second of that, we were paying close attention, and we couldn't figure that out. Look, maybe we're just not good listeners, and maybe the jury is putting this together just fine. But it was a mess of a day. It was the biggest day in a lot of ways, and it was their final day the prosecution has now put on its case. What's next

we do not know. But some of the things we've already described, a couple of things we've left out so far, including the final witness of the day was a friend of Anna Walsh, and she put into testimony some things we have not heard yet in this trial. Will explain what that was about. And also how did a psychic come into play today in testimony.

Speaker 2

Stay here, welcome back everyone, as we talk about day eight in the Brian Walsh trial. And this was a huge day. It turned out to be the final day for the prosecution, starting off with the man who was with the Walshes until one thirty in the morning, the night that Anna Walsh died and ultimately disappeared forever. So we had his testimony. But another big name and the final witness was Anna Walsh's close friend. Her name was it's her last name's Kirby. What was her first name?

I just completely lost her first name, but her, one of her best friends, testified and I thought what she had to say was very, very eye opening and certainly this was a win for the prosecution with this particular witness.

Speaker 1

Well, I guess yes, it depends on how you or how they hope the jury is going to interpret this. I was surprised to hear, right. They talked to plenty that the defense was saying that he didn't know about the affair first of all, and also saying that he's not a jealous man. And they made that point with the previous that's Trus who was the guy who was there with him, that I was a guy that she was very close with and spent a lot of time

with him. Men, they asked, Hey, you did did Brian ever express jealousy or anything that you two spent more time so much time. No, we were all very close. So they've been setting this up, is what I am saying. That he is not a jealous person. But I didn't see it coming that he was aware that his wife had a crush on the guy that she was ultimately having an affair with. And then who actually told him about the crush.

Speaker 3

Yes, so that was really interesting.

Speaker 2

It's Alyssa Kirby, by the way, I did find her first name, but that Alyssa said that Anna told her that she and Brian didn't keep secrets, that they told each other everything, and that she almost wished he was more jealous. The defense attorney got her to admit that, which I thought was really really interesting. She's like, well, you know the way a girl wants a guy to maybe you know, put her first or whatever. But that

definitely stuck with me that she said that. But she also gave us some insight into where Anna Walsh's head was in the days right before she died on December twenty ninth, they hung out. She's saying that Anna Walsh is basically saying her life is a mess, that she's at a breaking point. So we had not heard that before, that she was not in a good place in her marriage and she was spilling this all out to her on December twenty ninth.

Speaker 1

Yeah, So again, I don't know how the prosecution felt about how they finished up their day, if they felt they finished up strong, but that is it. As of now, we don't know the list of what the defense is possibly going to put on starting tomorrow. They are anticipating to be back at at starting at nine am and the Brian Wallsh trial. It will be day nine of testimony tomorrow. Folks will keep a close eye on go ahead.

Speaker 2

Well, we have the psychic to tell you about too, because that was the other thing you tease.

Speaker 3

I wanted to make sure.

Speaker 2

Basically, Alyssa Kirby said that Anna Walsh told her that Brian's mother went to a psychic.

Speaker 3

Are you following me?

Speaker 2

I know that's confusing, but that Brian's mother's psychic told Brian's mother that Anna was having an affair. So the implication would be that Brian might have asked her about it. Ha ha, Are you having an affair? My mom's psychic said you were, so there was some implication that there was a conversation at least about something Brian's mom's psychic told her about Anna. So that was another little interesting part of her testimony.

Speaker 1

We'll see how much more interesting things will get tomorrow. We'll keep an eye on on it. Back to the trial. Nine am from now, I'm TJ. Holmes on behalf of my dear Amy Robot. We'll talk to Ulster

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