Jail assault on Brian Walshe, accused of killing wife, will delay his trial
With just two weeks to go before its scheduled start, the judge overseeing Brian Walshe 's criminal case delayed his trial for a competency evaluation Monday, after his lawyers said a recent attack in jail left him unable to adequately participate in his defense.
Attorneys Larry Tipton and Kelli Porges asked for the continuance Monday, and were heard before Freniere in Norfolk Superior Court. After the hearing, Freniere ordered Walshe undergo a 20-day competency evaluation at Bridgewater State Hospital — effectively delaying the start of his trial at least a week.
In court papers, Walshe's lawyers say the attack on Sept. 11 left him "mentally and physically unable at this time to fully participate in his defense and tolerate the physical requirements of attending trial full time."
The day after the attack, Walshe was "in pain, disoriented and fearful." As officials investigated the attack, Walshe was sent to live in solitary housing, which caused him further anxiety, according to the filing.
"Counsel have grave concerns about the defendant's ability to intelligently and meaningfully participate in the trial," the motion reads.
Walshe's lawyers cite two other reasons a continuance is necessary: the commonwealth's failure to turn over evidence found in materials generated during the federal investigation of the Karen Read case, which it admits are beneficial to Walshe's defense, and additional DNA testing being undertaken.
Norfolk County prosecutors, in their response, said none of those factors necessitate the delay of the trial.
The only support Walshe's lawyers give for their concernes about his physical and mental condition are their own affidavits, not any medical or physchological records or reports, prosecutors wrote. Those affidavits are "insufficient for this Court to make any findings."
"Absent additional information, the assault at the jail more than a month before the scheduled trial date is not a basis to continue the trial," their filing reads.
On the issue of the federal materials, prosecutors note that they do not intend to call former Massachusetts State Police Trooper Michael Proctor, whom most of the materials concern, at trial. And, they note that a status update on the issue is scheduled for 9 a.m. on Tuesday.
The disclosure of those materials is governed by federal protective orders, prosecutors wrote.
"Although the issues involving former Tpr. Proctor are widely known, they are not relevant to the trial of this matter and are not grounds for delay of this trial," the filing reads.
And on the issue of DNA, prosecutors said the retesting was prompted by a recent Supreme Judicial Court decision that set down a new rule for the use of "substitute experts" — a person who did not perform the relevant testing but is an expert on the subject. Because one analyst won't be available at trial, prosecutors sought to have some evidence in the case retested.
"Discovery from the retesting will be available prior to trial, and the samples set aside for the defense remain available for future testing by the defense," prosecutors wrote.
A final decision on Walshe's competency will come after the 20-day evaluation at Bridgewater State Hospital.
Competency evaluations can be ordered when a "court of competent jurisdiction doubts whether a defendant in a criminal case is competent to stand trial or is criminally responsible by reason of mental illness or mental defect," according to state law .
If a person is not deemed competent to stand trial, their case will be delayed until they either become competent or the case is dismissed.
"The judge has an affirmative obligation to stop the proceedings and order an examination if there is any serious sign that the defendant does not understand what is happening or cannot assist their lawyer," said Jack Lu, a retired Superior Court judge. "It can be triggered by many things."
Walshe is accused of killing his wife, Ana, inside the home the couple shared with their three children in Cohasset on New Year's Day in 2023. Prosecutors say after killing his wife, Walshe took her body to the home's basement, where he dismembered her. He is accused of hiding her remains at dumpsters in various locations across the state.
Ana Walshe's body has never been found.
In court papers, prosecutors have said Brian Walshe made a series of Google searches leading up to and after his wife's death, including "best state to divorce for a man," "dismemberment and best ways to dispose of a body" and "can you be charge with murder without a body."
Brian Walshe's lawyers fought to suppress evidence of the searches, claiming it was obtained illegally, but Freniere, and later a single justice of the Supreme Judicial Court, denied those efforts.
Freniere has yet to rule on a series of motions in the case , including one requesting a change of venue filed by Walshe's defense.
Read more about the case
Read the original article on MassLive . Add MassLive as a Preferred Source by clicking here .
