1 00:00:02,240 --> 00:00:06,119 Speaker 1: Welcome everyone to this edition of Amy and TJ Presents. 2 00:00:06,240 --> 00:00:09,399 Speaker 2: We have been covering the Brian Walsh trial. 3 00:00:09,960 --> 00:00:15,040 Speaker 1: It has been even more fascinating, perhaps than we had anticipated, 4 00:00:15,080 --> 00:00:19,400 Speaker 1: but we have alongside us, back by popular demand, a 5 00:00:19,520 --> 00:00:24,600 Speaker 1: legal expert and renowned criminal defense attorney, Alison Triesil. And Alison, 6 00:00:24,600 --> 00:00:28,600 Speaker 1: you've been watching alongside of us, and this first week 7 00:00:28,640 --> 00:00:31,480 Speaker 1: of testimony wrapped up with a bang. We're already back 8 00:00:31,520 --> 00:00:33,400 Speaker 1: at it on week two here on Monday morning. But 9 00:00:33,479 --> 00:00:37,319 Speaker 1: what was your big takeaway last week? 10 00:00:37,520 --> 00:00:42,040 Speaker 3: There's probably three big takeaways. I wanted to know what 11 00:00:42,400 --> 00:00:47,600 Speaker 3: the what the former lover had to say. I wanted 12 00:00:47,640 --> 00:00:50,880 Speaker 3: to know what the medical examiner was going to say, 13 00:00:50,960 --> 00:00:53,840 Speaker 3: and how the defense was going to cross examine the 14 00:00:53,880 --> 00:00:56,640 Speaker 3: medical examiner. And of course I had to wrap my 15 00:00:56,720 --> 00:01:01,440 Speaker 3: head around this defense and was the prosecution going to 16 00:01:01,480 --> 00:01:05,800 Speaker 3: spend all weekend preparing for how we're going to answer? 17 00:01:05,880 --> 00:01:09,559 Speaker 3: There's no body, there's no manner or cause of death. 18 00:01:09,760 --> 00:01:13,560 Speaker 3: How are we going to deal with this? And unfortunately 19 00:01:13,680 --> 00:01:17,880 Speaker 3: for the prosecution, in my mind, unless I see more 20 00:01:18,120 --> 00:01:21,240 Speaker 3: and a lot more, I think they missed a lot 21 00:01:21,280 --> 00:01:23,880 Speaker 3: of key points. I think that they could have done 22 00:01:23,920 --> 00:01:26,800 Speaker 3: a lot more with the medical examiner that they had 23 00:01:26,840 --> 00:01:29,520 Speaker 3: on the stand. I think they could have done more 24 00:01:29,800 --> 00:01:36,480 Speaker 3: with mister Fusto and asking him questions. So this is 25 00:01:36,520 --> 00:01:41,240 Speaker 3: a case where you have these searches that make the 26 00:01:41,280 --> 00:01:45,399 Speaker 3: prosecution's case nearly a slam dunk, and all of a sudden, 27 00:01:45,400 --> 00:01:47,319 Speaker 3: we're at a place where I'm scratching my head and 28 00:01:47,360 --> 00:01:50,920 Speaker 3: I'm saying, eh, wait a minute, wait a minute, the 29 00:01:51,000 --> 00:01:58,240 Speaker 3: defense has something here. Nobody, no intent, no causation, no 30 00:01:58,440 --> 00:02:01,280 Speaker 3: manner of death. This is a problem for the prosecution. 31 00:02:02,120 --> 00:02:05,760 Speaker 4: I got Allison, We're smart, we feel so validated right now. 32 00:02:05,840 --> 00:02:08,919 Speaker 4: We're not legal experts, but we watched all last week 33 00:02:08,960 --> 00:02:11,080 Speaker 4: and we got to even day two, day three, and 34 00:02:11,120 --> 00:02:14,760 Speaker 4: we couldn't believe what we were saying, Like, wait a minute, 35 00:02:15,400 --> 00:02:17,680 Speaker 4: maybe that didn't happen. I could not believe. And it 36 00:02:17,680 --> 00:02:20,240 Speaker 4: sounds like this is what you are saying. The defense 37 00:02:20,480 --> 00:02:22,320 Speaker 4: had a good first week. 38 00:02:24,200 --> 00:02:28,560 Speaker 3: The worst potential case. I mean, you know we're starting 39 00:02:28,639 --> 00:02:33,320 Speaker 3: from a place of less than zero. Okay, I mean really, 40 00:02:33,360 --> 00:02:35,920 Speaker 3: you know I've done this for many years and this 41 00:02:36,080 --> 00:02:37,839 Speaker 3: is not the kind of case you want to take 42 00:02:37,880 --> 00:02:39,880 Speaker 3: to trial. You go to trial because you have no 43 00:02:39,960 --> 00:02:43,400 Speaker 3: other option, because no offer is on the table. And 44 00:02:43,440 --> 00:02:47,040 Speaker 3: by the way, I'm also questioning why the prosecution allowed 45 00:02:47,120 --> 00:02:50,400 Speaker 3: him to plea to the other charges before the case 46 00:02:50,440 --> 00:02:53,639 Speaker 3: got to trial, because now they may be handcuffed where 47 00:02:53,600 --> 00:02:55,600 Speaker 3: they can't even talk about the fact that he pled 48 00:02:55,600 --> 00:02:58,200 Speaker 3: to it. So I'm saying, you know, was the fact 49 00:02:58,240 --> 00:03:01,960 Speaker 3: that they could prove consciousness of guilt. That's not enough 50 00:03:02,000 --> 00:03:07,520 Speaker 3: for me. So I'm again I'm saying, this is a 51 00:03:07,680 --> 00:03:13,720 Speaker 3: very bad case for the defense. Those searches may rule 52 00:03:13,800 --> 00:03:19,080 Speaker 3: the day, but we are talking about the defense. And basically, 53 00:03:19,120 --> 00:03:22,760 Speaker 3: from what I saw from the corner and the medical examiner, 54 00:03:23,600 --> 00:03:26,400 Speaker 3: the defense attorney owned him. That was as if he 55 00:03:26,760 --> 00:03:27,920 Speaker 3: was his witness. 56 00:03:29,280 --> 00:03:29,880 Speaker 2: I agree. 57 00:03:29,919 --> 00:03:32,400 Speaker 1: And the thing that has stood out to both TJ 58 00:03:32,480 --> 00:03:36,760 Speaker 1: and me is this notion of first degree murder. They 59 00:03:36,800 --> 00:03:41,440 Speaker 1: have to show premeditation if they don't have the motive 60 00:03:41,600 --> 00:03:42,400 Speaker 1: that they think they have. 61 00:03:42,520 --> 00:03:45,119 Speaker 2: If the defense can prove or at least create. 62 00:03:44,880 --> 00:03:49,160 Speaker 1: Doubt that Brian Walsh may not have known his wife 63 00:03:49,240 --> 00:03:52,320 Speaker 1: was having an affair, how do you then prove premeditation. 64 00:03:52,480 --> 00:03:54,440 Speaker 1: There was a moment where you and I both looked 65 00:03:54,440 --> 00:03:58,160 Speaker 1: at each other when the defense attorney, Larry Tifton right 66 00:03:58,600 --> 00:04:00,119 Speaker 1: he was able. 67 00:03:59,840 --> 00:04:03,000 Speaker 2: To to have the forensics. 68 00:04:03,280 --> 00:04:07,119 Speaker 1: The digital forensics guy read off all of these other 69 00:04:08,280 --> 00:04:10,760 Speaker 1: back and forth between his wife and him, showing love, 70 00:04:11,200 --> 00:04:16,760 Speaker 1: showing pictures, back and forth before January one. None of 71 00:04:16,760 --> 00:04:21,520 Speaker 1: his searches were about murder. None of his searches were 72 00:04:21,560 --> 00:04:25,000 Speaker 1: about planning something. They were quite the opposite. What do 73 00:04:25,040 --> 00:04:25,640 Speaker 1: you make of that? 74 00:04:25,960 --> 00:04:29,239 Speaker 3: Well, I want to say something about premeditation. First of all, 75 00:04:29,560 --> 00:04:33,919 Speaker 3: it doesn't have to be formed days, weeks, hours beforehand. 76 00:04:34,000 --> 00:04:36,560 Speaker 3: It can be formed pretty quickly. Okay, pre meditation can 77 00:04:36,640 --> 00:04:41,200 Speaker 3: be formed fairly quickly, So I would focus if I'm 78 00:04:41,200 --> 00:04:43,440 Speaker 3: the prosecution. And this is where I think they missed 79 00:04:43,480 --> 00:04:47,800 Speaker 3: a lot of key moments. Is you know, they had 80 00:04:48,080 --> 00:04:51,960 Speaker 3: mister Fausto on the stand and the most interesting part 81 00:04:52,040 --> 00:04:56,320 Speaker 3: of his testimony to me was this phone call that 82 00:04:56,440 --> 00:05:02,400 Speaker 3: Brian Walsh made to him and left him this message. Okay, now, 83 00:05:03,279 --> 00:05:08,839 Speaker 3: if he if Falsto is only the real estate broker 84 00:05:08,920 --> 00:05:14,640 Speaker 3: who they had spoken to months before and nothing more, 85 00:05:14,880 --> 00:05:19,240 Speaker 3: why is Brian Walsh calling him on January fourth and 86 00:05:19,320 --> 00:05:21,880 Speaker 3: saying where is my wife? And he does it in 87 00:05:21,960 --> 00:05:24,520 Speaker 3: a way that's very nice, And you know, I don't 88 00:05:24,520 --> 00:05:27,159 Speaker 3: think there's a problem. I'm not concerned when we know, 89 00:05:27,279 --> 00:05:30,040 Speaker 3: of course now that he actually had dismembered her by 90 00:05:30,080 --> 00:05:33,320 Speaker 3: that part, by that point, and had you know, taken 91 00:05:33,360 --> 00:05:36,599 Speaker 3: a hacksaw to her, and he's you know, he's lying 92 00:05:36,680 --> 00:05:40,440 Speaker 3: to this man. But why him? Why is he calling him? 93 00:05:40,960 --> 00:05:43,800 Speaker 3: If he didn't know something about them? I would have 94 00:05:43,839 --> 00:05:46,919 Speaker 3: spent a lot of time as the prosecution and of 95 00:05:46,920 --> 00:05:49,440 Speaker 3: course the defense was going to gloss over that. But 96 00:05:49,600 --> 00:05:53,240 Speaker 3: I it seems to me that the that the prosecution 97 00:05:53,520 --> 00:05:57,559 Speaker 3: is for some reason rushing through these witnesses they're ahead 98 00:05:57,560 --> 00:06:00,719 Speaker 3: of schedule. Well, that doesn't need that doesn't help them 99 00:06:01,120 --> 00:06:05,279 Speaker 3: slowly methodically. That's the kind of question that you spend 100 00:06:05,360 --> 00:06:08,520 Speaker 3: a lot of time on. Why is this man calling 101 00:06:09,440 --> 00:06:12,280 Speaker 3: a guy that the only relationship he knows is that 102 00:06:12,279 --> 00:06:16,040 Speaker 3: they were in a real estate deal many many months ago. 103 00:06:16,520 --> 00:06:19,279 Speaker 3: That is as strange, and that would show that Brian 104 00:06:19,320 --> 00:06:23,200 Speaker 3: Walsh knew exactly who he was, knew exactly who he was, 105 00:06:23,839 --> 00:06:27,839 Speaker 3: and so premeditation could have been formed if he looked 106 00:06:27,839 --> 00:06:30,800 Speaker 3: at the phone and he saw that him wishing her 107 00:06:30,920 --> 00:06:33,760 Speaker 3: a very happy New Year and then said what is this? 108 00:06:33,920 --> 00:06:37,279 Speaker 3: What's going on? I would have also spent time talking 109 00:06:37,320 --> 00:06:41,200 Speaker 3: about the clothes that she's wearing and meaning what was 110 00:06:41,360 --> 00:06:45,080 Speaker 3: found in the dumpsters? Is it what the person who 111 00:06:45,160 --> 00:06:47,479 Speaker 3: they celebrated New Year's Eve with? Is that what she 112 00:06:47,560 --> 00:06:50,880 Speaker 3: was wearing because his hit The opening from the defense 113 00:06:50,960 --> 00:06:55,080 Speaker 3: seemed to be that she died while she was in bed. Well, 114 00:06:55,080 --> 00:06:57,559 Speaker 3: why is she wearing her shoes? Why is she wearing 115 00:06:57,560 --> 00:07:01,800 Speaker 3: her jacket? Those kinds of things. Don't leave those for 116 00:07:02,080 --> 00:07:05,960 Speaker 3: the jury to speculate on. Hammer them home, spend time 117 00:07:06,000 --> 00:07:10,280 Speaker 3: on them, slow down, missed, missed opportunity. 118 00:07:11,040 --> 00:07:13,240 Speaker 4: Okay, you just brought up two points that I'm pretty 119 00:07:13,240 --> 00:07:15,360 Speaker 4: sure I did not hear them spend any time. You 120 00:07:15,360 --> 00:07:17,280 Speaker 4: said that you were to spend more. I didn't hear 121 00:07:17,320 --> 00:07:20,120 Speaker 4: them spend much time at all on either of those things. 122 00:07:20,360 --> 00:07:20,880 Speaker 1: Is motive? 123 00:07:20,960 --> 00:07:24,640 Speaker 4: Am I justified on that jury right now? As taking 124 00:07:24,760 --> 00:07:27,960 Speaker 4: the motive being the affair off the table? Do I 125 00:07:28,040 --> 00:07:33,120 Speaker 4: have reasonable doubt at this point that Brian Walsh did 126 00:07:33,160 --> 00:07:34,560 Speaker 4: not know about the affair? 127 00:07:35,400 --> 00:07:37,040 Speaker 3: I don't know if it raised I don't know if 128 00:07:37,080 --> 00:07:39,560 Speaker 3: it raises to the level of reasonable doubt. I think 129 00:07:39,600 --> 00:07:45,120 Speaker 3: we have to see what comes. But certainly, certainly there 130 00:07:46,440 --> 00:07:50,160 Speaker 3: Fausto did. Falsto made very clear that while he was 131 00:07:50,240 --> 00:07:53,680 Speaker 3: very open about the affair. She was not okay that 132 00:07:54,680 --> 00:07:57,920 Speaker 3: She basically said to him, I wanted to I want 133 00:07:57,920 --> 00:08:01,280 Speaker 3: it to come from me. But what the prosecution didn't 134 00:08:01,320 --> 00:08:05,720 Speaker 3: pull out of him is you have no idea what 135 00:08:05,800 --> 00:08:09,480 Speaker 3: conversations these two had. You have no idea what happened 136 00:08:09,480 --> 00:08:12,760 Speaker 3: that night you were not there. You have no idea 137 00:08:13,160 --> 00:08:17,080 Speaker 3: how many messages have you sent to her that he 138 00:08:17,120 --> 00:08:20,760 Speaker 3: could have easily seen. So those kinds of questions were 139 00:08:20,800 --> 00:08:24,920 Speaker 3: really missed opportunities because we're left, okay, the jury is 140 00:08:25,040 --> 00:08:28,520 Speaker 3: left with he didn't know about it. He didn't know 141 00:08:28,560 --> 00:08:29,360 Speaker 3: about this affair. 142 00:08:31,080 --> 00:08:33,959 Speaker 1: It's so interesting you say that because when the defense attorney, 143 00:08:34,000 --> 00:08:38,280 Speaker 1: when lippt In was cross examining fast Out, and said 144 00:08:38,280 --> 00:08:41,760 Speaker 1: to him, did you ever have any indication. 145 00:08:41,640 --> 00:08:44,319 Speaker 2: That Brian Walsh knew about your affair? 146 00:08:44,360 --> 00:08:46,560 Speaker 1: And he said no, Did Anna ever tell you she 147 00:08:46,679 --> 00:08:48,040 Speaker 1: thought her husband was suspicious? 148 00:08:48,240 --> 00:08:48,440 Speaker 2: No. 149 00:08:49,080 --> 00:08:51,360 Speaker 1: By that alone, you would have thought the prosecution would 150 00:08:51,360 --> 00:08:54,240 Speaker 1: have come back for redirect and did exactly what you 151 00:08:54,520 --> 00:08:55,520 Speaker 1: just laid out. 152 00:08:55,559 --> 00:08:58,360 Speaker 2: Why wouldn't they, because that, to me, was a moment 153 00:08:58,440 --> 00:09:00,880 Speaker 2: for the defense, a clear vic for the defense. 154 00:09:01,000 --> 00:09:05,240 Speaker 3: Absolutely. Now, by the way, what's interesting is when I 155 00:09:05,320 --> 00:09:09,040 Speaker 3: was thinking about ways to say maybe he found out 156 00:09:09,040 --> 00:09:11,840 Speaker 3: about it on you know, on New Year's and he'd 157 00:09:11,880 --> 00:09:15,120 Speaker 3: gone through the text as a defense attorney. My immediate 158 00:09:15,160 --> 00:09:18,480 Speaker 3: reaction to that would have been, well, if he found 159 00:09:18,520 --> 00:09:20,160 Speaker 3: out about it, she would have sent him a text 160 00:09:20,200 --> 00:09:23,000 Speaker 3: and said something to the effective he knows, he knows now. 161 00:09:23,400 --> 00:09:26,400 Speaker 3: But maybe there was a struggle. Maybe there was a 162 00:09:26,400 --> 00:09:28,360 Speaker 3: struggle there and you don't know. Look, you don't know 163 00:09:28,400 --> 00:09:32,000 Speaker 3: what happened. Which is part of the prosecution's problem is 164 00:09:32,040 --> 00:09:35,440 Speaker 3: that there is no body right so you and you know, 165 00:09:35,480 --> 00:09:38,960 Speaker 3: And I was thinking about ways over the weekend. How 166 00:09:39,200 --> 00:09:41,360 Speaker 3: could you know? What are the questions that you asked 167 00:09:41,400 --> 00:09:45,400 Speaker 3: the medical examiner? How you get out you know? 168 00:09:45,520 --> 00:09:45,640 Speaker 1: It? 169 00:09:45,679 --> 00:09:50,800 Speaker 3: Does it? Does blood after postmrtem post mortem? Can you 170 00:09:50,920 --> 00:09:53,600 Speaker 3: tell when you see when you see a blood colot? 171 00:09:53,600 --> 00:09:56,280 Speaker 3: Can you see if that is post mortem or not? 172 00:09:57,360 --> 00:10:00,520 Speaker 3: Those kinds of things that that I would be trying 173 00:10:00,600 --> 00:10:04,640 Speaker 3: to get at that somehow, of course, she was living 174 00:10:04,880 --> 00:10:07,680 Speaker 3: when this blood came out of her body onto the 175 00:10:07,760 --> 00:10:10,079 Speaker 3: rug or on the hack saw or something like that. 176 00:10:10,600 --> 00:10:13,000 Speaker 3: And that's what I would have been spending time with 177 00:10:13,120 --> 00:10:17,600 Speaker 3: on the weekend preparing because this defense may have come 178 00:10:17,640 --> 00:10:20,240 Speaker 3: as a shock to you don't have to disclose what 179 00:10:20,280 --> 00:10:23,240 Speaker 3: your defense is going to be. But we're now a 180 00:10:23,280 --> 00:10:26,960 Speaker 3: week into this, and the prosecutors have now known for 181 00:10:27,520 --> 00:10:31,280 Speaker 3: multiple days what the defense's theory of the cases, what 182 00:10:31,360 --> 00:10:34,679 Speaker 3: they're arguing, how they're getting there, and the prosecution has 183 00:10:34,720 --> 00:10:37,360 Speaker 3: got to be way ahead of this. So, for example, 184 00:10:38,000 --> 00:10:42,439 Speaker 3: I was thinking about the medical examiner and when I 185 00:10:42,480 --> 00:10:44,560 Speaker 3: said the defense had his way with him, is what 186 00:10:44,600 --> 00:10:48,080 Speaker 3: he did was he basically said, well, you know, these 187 00:10:48,120 --> 00:10:52,800 Speaker 3: sudden desks, they happen, and the witness basically, you know, 188 00:10:52,840 --> 00:10:55,360 Speaker 3: when he wouldn't even agree with him that it's uncommon. 189 00:10:55,480 --> 00:10:59,280 Speaker 3: It was a very strange moment that, you know, I mean, 190 00:10:59,320 --> 00:11:04,520 Speaker 3: and if i'm if I'm the prosecutor, I literally give statistics. Okay, 191 00:11:04,640 --> 00:11:09,800 Speaker 3: you personally has performed fifteen hundred autopsies. How many of 192 00:11:09,880 --> 00:11:15,320 Speaker 3: those that you personally performed were unexplained deaths? How many? 193 00:11:15,800 --> 00:11:18,679 Speaker 3: And I'd go on and on, And he's he is 194 00:11:18,800 --> 00:11:23,320 Speaker 3: supervised or been involved in thousands of autopsies. His education 195 00:11:24,040 --> 00:11:27,800 Speaker 3: and his credentialing is off the charts incredible. So this 196 00:11:27,840 --> 00:11:30,000 Speaker 3: is a man that the jury is going to believe, 197 00:11:30,080 --> 00:11:34,320 Speaker 3: and he's not somebody that was exaggerating or blowing things up. 198 00:11:34,640 --> 00:11:37,440 Speaker 3: So he was someone that was very, very credible, and 199 00:11:37,480 --> 00:11:40,280 Speaker 3: they should have used that as an opportunity to say 200 00:11:40,280 --> 00:11:43,680 Speaker 3: to him, healthy woman, did you go through her medical 201 00:11:43,720 --> 00:11:47,080 Speaker 3: records before? Did you interview people? And they touched on 202 00:11:47,160 --> 00:11:50,840 Speaker 3: it a little bit, but you interview people around her 203 00:11:51,400 --> 00:11:54,440 Speaker 3: and say did she ever complain of this? The only 204 00:11:54,520 --> 00:11:58,000 Speaker 3: place he kind of got there was the ninety minute 205 00:11:58,040 --> 00:12:03,000 Speaker 3: plane flight in Washington from Washington, right, those kinds of things. 206 00:12:03,320 --> 00:12:07,080 Speaker 3: But I would have spent far more time talking about 207 00:12:07,120 --> 00:12:09,880 Speaker 3: how uncommon it is. I mean, think about how much 208 00:12:09,920 --> 00:12:14,600 Speaker 3: time the defense spent trying to enumerate every single type 209 00:12:14,640 --> 00:12:19,440 Speaker 3: of unexplained death. I would have spent double the amount 210 00:12:19,440 --> 00:12:21,840 Speaker 3: of time saying how uncommon it is. And I just 211 00:12:21,920 --> 00:12:32,720 Speaker 3: don't know why they're rushing. 212 00:12:33,920 --> 00:12:36,839 Speaker 4: Do you think this is going to happen? Should the 213 00:12:36,920 --> 00:12:40,320 Speaker 4: judge let the jury hear about the police on the 214 00:12:40,360 --> 00:12:43,440 Speaker 4: other two convictions? She seemed to be really going back 215 00:12:43,480 --> 00:12:45,880 Speaker 4: and forth about this and hasn't decided what she's. 216 00:12:45,720 --> 00:12:46,240 Speaker 2: Supposed to do. 217 00:12:46,600 --> 00:12:49,800 Speaker 3: Right, she's fascinating on it. And you know I had 218 00:12:49,840 --> 00:12:52,600 Speaker 3: said the last time that I was on is that 219 00:12:52,679 --> 00:12:56,280 Speaker 3: you know when the defense opens the door for it, 220 00:12:56,360 --> 00:12:58,160 Speaker 3: Right when the defense opens the door for it. Then 221 00:12:58,200 --> 00:13:02,760 Speaker 3: the judge has to let it in. But I I 222 00:13:03,520 --> 00:13:06,160 Speaker 3: you know, the the jury shouldn't be left with a 223 00:13:06,280 --> 00:13:10,040 Speaker 3: question of, well, what what happened here? I mean, he's 224 00:13:10,040 --> 00:13:13,640 Speaker 3: saying that he disposed the body. I you know, it's 225 00:13:13,640 --> 00:13:15,720 Speaker 3: going to come down. Is he going to testify if 226 00:13:15,720 --> 00:13:19,200 Speaker 3: he comes, If he comes to testify, and that's going 227 00:13:19,280 --> 00:13:22,440 Speaker 3: to come in. You know, we talked about this the 228 00:13:22,480 --> 00:13:27,959 Speaker 3: first time. But first question, where's the body? Second question, 229 00:13:28,480 --> 00:13:31,000 Speaker 3: why did you plead to this? You know, why did 230 00:13:31,040 --> 00:13:33,320 Speaker 3: you play to this? So I think it comes in 231 00:13:33,640 --> 00:13:39,800 Speaker 3: if he testifies. She's struggling. She's struggling. But again, and 232 00:13:39,920 --> 00:13:43,439 Speaker 3: I don't you know, it's not that I'm I'm I'm 233 00:13:43,440 --> 00:13:48,040 Speaker 3: scratching my head as to the prosecution in this case. 234 00:13:48,160 --> 00:13:51,200 Speaker 3: I just I don't understand why he was allowed to plea. 235 00:13:51,679 --> 00:13:53,480 Speaker 3: Maybe they didn't think that this was going to be 236 00:13:53,559 --> 00:13:55,240 Speaker 3: the defense, and it did kind of come out of 237 00:13:55,280 --> 00:13:58,680 Speaker 3: left field, this defense of you know, unexplained death. It's 238 00:13:58,679 --> 00:14:01,200 Speaker 3: not like they're they're arguing a passion. And by the way, 239 00:14:01,240 --> 00:14:08,480 Speaker 3: that's another thing. Amy they've closed the door to a 240 00:14:08,640 --> 00:14:11,520 Speaker 3: second degree murder. This isn't all or nothing here. I 241 00:14:11,520 --> 00:14:15,600 Speaker 3: mean the defense has said, either you believe that there's 242 00:14:15,600 --> 00:14:18,680 Speaker 3: an or there you know that this is an unexplained death, 243 00:14:18,840 --> 00:14:23,120 Speaker 3: or that the prosecution cannot prove beyond a reasonable doubt 244 00:14:23,160 --> 00:14:26,560 Speaker 3: that Brian Walsh killed her in any degree. 245 00:14:27,040 --> 00:14:31,720 Speaker 1: In any degree, why wouldn't the prosecution have put on 246 00:14:31,840 --> 00:14:33,960 Speaker 1: other charges second degree murder of vanslaughter. 247 00:14:34,000 --> 00:14:36,960 Speaker 2: Why wouldn't they have included because we've seen that before. 248 00:14:37,120 --> 00:14:39,040 Speaker 3: And they may they may at the end as for 249 00:14:39,680 --> 00:14:42,840 Speaker 3: ask for a jury instruction as to other charges, they 250 00:14:42,840 --> 00:14:45,680 Speaker 3: may increase that. But but I think I'm more interested 251 00:14:46,400 --> 00:14:49,080 Speaker 3: in you know, maybe they felt because there wasn't a 252 00:14:49,080 --> 00:14:52,960 Speaker 3: body that they would secure these other convictions. Okay, that 253 00:14:53,000 --> 00:14:55,560 Speaker 3: they could then show that it was consciousness of guilt 254 00:14:55,960 --> 00:14:59,760 Speaker 3: by by hacking up her body and disposing of it 255 00:14:59,800 --> 00:15:03,840 Speaker 3: the way he did. But it would it have been 256 00:15:03,880 --> 00:15:07,160 Speaker 3: far better better to go through this trial with the 257 00:15:07,240 --> 00:15:12,200 Speaker 3: jury having to decide and hear all this testimony and say, 258 00:15:12,240 --> 00:15:14,360 Speaker 3: oh my god, he actually did chop her up, he 259 00:15:14,400 --> 00:15:18,360 Speaker 3: did all these horrible things. You know that that probably 260 00:15:18,720 --> 00:15:20,760 Speaker 3: wasn't something that they thought that that they were going 261 00:15:20,840 --> 00:15:23,280 Speaker 3: to argue, is that this was an unexplained death, so 262 00:15:24,800 --> 00:15:27,560 Speaker 3: may have been a missed opportunity. But here's the thing. 263 00:15:29,000 --> 00:15:34,080 Speaker 3: I there's just there's just questions that should have been 264 00:15:34,120 --> 00:15:36,880 Speaker 3: asked by the prosecution, And I'm looking at my notes 265 00:15:36,920 --> 00:15:40,560 Speaker 3: and I'm jumping around a little bit. But with mister Falstow, 266 00:15:40,640 --> 00:15:43,760 Speaker 3: I I they talked about it a little bit, the 267 00:15:43,800 --> 00:15:50,800 Speaker 3: prosecution a little bit. But on the questions of what 268 00:15:50,920 --> 00:15:54,200 Speaker 3: Anna felt about him moving there, what Anna felt about 269 00:15:54,200 --> 00:15:59,320 Speaker 3: his case, Okay, I would have asked questions like, well, 270 00:15:59,600 --> 00:16:04,120 Speaker 3: wasn't I'm not furious that her husband was going potentially 271 00:16:04,160 --> 00:16:08,640 Speaker 3: was going to prison. Wasn't she furious about the financial 272 00:16:08,680 --> 00:16:13,000 Speaker 3: stress he had put on their family? Wasn't she furious 273 00:16:13,400 --> 00:16:16,560 Speaker 3: that as a result of what he had done, she 274 00:16:16,760 --> 00:16:20,640 Speaker 3: was separated from her children because he couldn't move to Washington, DC. 275 00:16:21,400 --> 00:16:26,160 Speaker 3: Those string of questions are proving motive are proving motive, 276 00:16:26,240 --> 00:16:29,120 Speaker 3: are proving that this is all boiling over, that this 277 00:16:29,280 --> 00:16:32,840 Speaker 3: is not by the way, this marriage isn't that great. 278 00:16:32,880 --> 00:16:38,880 Speaker 3: If she's having an affair, it's not that great? All right? 279 00:16:39,840 --> 00:16:42,160 Speaker 3: What TJ No? 280 00:16:42,680 --> 00:16:45,240 Speaker 4: Because I had another question in mind for where I 281 00:16:45,280 --> 00:16:47,520 Speaker 4: was about to go, and then you actually came back 282 00:16:47,920 --> 00:16:50,760 Speaker 4: and brought me back to something else. Because motive has 283 00:16:50,880 --> 00:16:52,920 Speaker 4: been the big thing, and there was something that happened 284 00:16:52,960 --> 00:16:55,600 Speaker 4: last week, and I really I wanted to text you 285 00:16:55,680 --> 00:17:00,000 Speaker 4: and ask you about it. D murder, the word murder 286 00:17:01,160 --> 00:17:05,320 Speaker 4: not being in any of his searches until six plus 287 00:17:05,359 --> 00:17:09,600 Speaker 4: hours after he started searching. Is that relevant? 288 00:17:10,000 --> 00:17:13,560 Speaker 3: Okay? So I listened to your podcast after I was on, 289 00:17:13,880 --> 00:17:17,960 Speaker 3: and Amy said, you know, maybe he is feeling guilty 290 00:17:18,000 --> 00:17:21,400 Speaker 3: over it, and which very by the way, is very possible. 291 00:17:21,520 --> 00:17:24,159 Speaker 3: I mean, it's very possible that he is, you know, 292 00:17:24,560 --> 00:17:29,680 Speaker 3: you know, after he recognizes what he has done, he 293 00:17:29,840 --> 00:17:32,200 Speaker 3: then says, you know, he starts to ask about murder. 294 00:17:32,200 --> 00:17:36,600 Speaker 3: But I just find I find that I don't care 295 00:17:36,680 --> 00:17:40,280 Speaker 3: how long of time elapsed. To me, the fact that 296 00:17:40,320 --> 00:17:42,399 Speaker 3: he used that he typed in the word murder, he 297 00:17:42,400 --> 00:17:46,560 Speaker 3: had to type it in. That is significant. That is significant. 298 00:17:46,920 --> 00:17:50,119 Speaker 3: You know, accident would have been great, but that's not 299 00:17:50,200 --> 00:17:51,840 Speaker 3: what he typed in. Typed in murder. 300 00:17:54,240 --> 00:17:56,399 Speaker 4: Okay, I get it. It doesn't matter what time. Okay, I 301 00:17:56,440 --> 00:17:58,960 Speaker 4: get I get you know, to be honest, you put 302 00:17:59,000 --> 00:18:02,720 Speaker 4: us after that first UH interview or podcasts we did 303 00:18:02,720 --> 00:18:05,000 Speaker 4: with you, in a mindset to where I'm looking at 304 00:18:05,040 --> 00:18:08,040 Speaker 4: the defense and trying to figure out how I'm more 305 00:18:08,119 --> 00:18:10,840 Speaker 4: fascinated by what they're doing. And you sound like there's 306 00:18:10,840 --> 00:18:14,560 Speaker 4: so much you're looking at critically on the prosecution side. 307 00:18:14,600 --> 00:18:19,760 Speaker 4: But I'm just so fascinated by what Tipton, what's he 308 00:18:19,960 --> 00:18:24,360 Speaker 4: up against. I'm fascinated by any little little victory they get. 309 00:18:24,400 --> 00:18:26,919 Speaker 3: Well and I and the reason that I spotlighted that. 310 00:18:26,960 --> 00:18:29,560 Speaker 3: And then look, you know, when I cover these cases, 311 00:18:30,480 --> 00:18:32,639 Speaker 3: I really cover them from both sides. I look at 312 00:18:32,640 --> 00:18:34,800 Speaker 3: the defense, I look at the prosecution. You know, what 313 00:18:34,840 --> 00:18:39,040 Speaker 3: does the prosecution have here? You have some you I mean, 314 00:18:39,119 --> 00:18:41,800 Speaker 3: those searches and the fact that he hacked up his 315 00:18:42,119 --> 00:18:47,720 Speaker 3: his his wife's body, and someone's got to explain, you know, 316 00:18:49,160 --> 00:18:52,280 Speaker 3: just leaving it alone. He may have to get on 317 00:18:52,320 --> 00:18:54,959 Speaker 3: the stand. You know, So how is it? 318 00:18:54,960 --> 00:18:56,520 Speaker 2: How chance? 319 00:18:56,720 --> 00:19:00,800 Speaker 3: I don't know. I don't know. I don't I want 320 00:19:00,800 --> 00:19:03,040 Speaker 3: to hear what and I said this from the beginning. 321 00:19:03,520 --> 00:19:06,359 Speaker 3: I want to hear what they're expert. I want to 322 00:19:06,359 --> 00:19:09,600 Speaker 3: hear what the defense is expert has to say. Okay, 323 00:19:10,000 --> 00:19:12,719 Speaker 3: and by the way, maybe they're going to use the 324 00:19:12,720 --> 00:19:16,480 Speaker 3: prosecution's expert because because he did such a good job 325 00:19:16,520 --> 00:19:21,600 Speaker 3: for the defense. So but but the thing with looking 326 00:19:21,600 --> 00:19:26,439 Speaker 3: at these cases critically is because the burden of proof 327 00:19:26,720 --> 00:19:30,159 Speaker 3: is so high. It's not a civil case, in a 328 00:19:30,240 --> 00:19:33,480 Speaker 3: criminal case. It's beyond a reasonable doubt. And I want 329 00:19:33,480 --> 00:19:36,120 Speaker 3: to share this with with your listeners because I think 330 00:19:36,160 --> 00:19:41,639 Speaker 3: it's always important to explain what that means. It's not 331 00:19:41,680 --> 00:19:44,520 Speaker 3: an imaginary doubt. It has to be a real doubt. 332 00:19:44,560 --> 00:19:52,120 Speaker 3: But I've used this in clothing in a closing argument. So, TJ, 333 00:19:52,240 --> 00:19:55,680 Speaker 3: we're going to use sports tickets for you, and we're 334 00:19:55,680 --> 00:19:59,800 Speaker 3: going to use a curling iron for you. Okay, So TJ, 335 00:20:00,440 --> 00:20:07,119 Speaker 3: You're about to go to a Knicks game, and you've 336 00:20:07,520 --> 00:20:09,959 Speaker 3: packed your tickets, You've got yourself ready, you put them 337 00:20:10,000 --> 00:20:13,000 Speaker 3: in your jacket. You but you go and you feel 338 00:20:13,040 --> 00:20:18,399 Speaker 3: for the tickets because maybe you didn't bring them. Amy 339 00:20:18,480 --> 00:20:21,960 Speaker 3: you curl your hair, you remember pulling it out of 340 00:20:22,000 --> 00:20:24,840 Speaker 3: the wall, that you turn that curling iron off. But 341 00:20:24,920 --> 00:20:26,880 Speaker 3: and you get in the car. But then you get 342 00:20:26,880 --> 00:20:30,000 Speaker 3: out of the car because well, did I did I 343 00:20:30,359 --> 00:20:33,840 Speaker 3: did I turn that curling iron off? That's reasonable doubt, 344 00:20:35,200 --> 00:20:41,280 Speaker 3: not imaginary, not speculative. That's reasonable doubt. And so the 345 00:20:41,440 --> 00:20:45,560 Speaker 3: question here is you just need one person and I 346 00:20:45,640 --> 00:20:49,359 Speaker 3: said that before you need one to say God it 347 00:20:49,400 --> 00:20:52,639 Speaker 3: looks bad for him. It looks really those searches are bad, 348 00:20:53,040 --> 00:20:58,800 Speaker 3: the hack saws bad, the affair is bad. But did 349 00:20:58,920 --> 00:21:02,320 Speaker 3: he know about the fair I don't know. And there 350 00:21:02,400 --> 00:21:05,840 Speaker 3: is no body. There is no body. And the thing 351 00:21:06,080 --> 00:21:08,840 Speaker 3: that the prosecution is left with and there's no way 352 00:21:08,840 --> 00:21:12,360 Speaker 3: they can do anything about it, is that without a body, 353 00:21:12,720 --> 00:21:17,480 Speaker 3: they cannot determine manner or cause of death. And that 354 00:21:17,560 --> 00:21:20,240 Speaker 3: may be the biggest sticking point for this jury. 355 00:21:21,080 --> 00:21:24,320 Speaker 1: Wow, and I was, I was so fascinated today with 356 00:21:24,320 --> 00:21:25,800 Speaker 1: the medical examiner, even you. 357 00:21:26,040 --> 00:21:28,320 Speaker 2: DJ and I both looked at each other when the 358 00:21:28,359 --> 00:21:30,240 Speaker 2: defense started to talk about. 359 00:21:30,119 --> 00:21:34,040 Speaker 1: Sexual asphyxiation like you know, some sort of like you know, 360 00:21:34,520 --> 00:21:39,000 Speaker 1: sexual game gone bad, so an accidental death dot dot dot. 361 00:21:39,000 --> 00:21:42,240 Speaker 1: We thought, no, it would not actually turn into that direction. 362 00:21:42,320 --> 00:21:45,800 Speaker 1: But do you think the defense will get that specific 363 00:21:46,160 --> 00:21:51,760 Speaker 1: with their expert. Well, they actually get specific. Brian obviously 364 00:21:51,840 --> 00:21:54,080 Speaker 1: is the only person who knows how she get. 365 00:21:54,320 --> 00:21:57,439 Speaker 3: They shouldn't. They shouldn't. They should leave it very vague, 366 00:21:57,680 --> 00:22:01,720 Speaker 3: very open, absolutely not that this happens. They don't. I mean, 367 00:22:01,840 --> 00:22:06,479 Speaker 3: the the on their their actual medical examiner doesn't know 368 00:22:06,520 --> 00:22:10,480 Speaker 3: how this woman died. How do they expect you? Mister 369 00:22:10,520 --> 00:22:11,760 Speaker 3: and missus jury to know. 370 00:22:13,520 --> 00:22:16,640 Speaker 2: So only Brian could get on the stand and say 371 00:22:16,680 --> 00:22:20,200 Speaker 2: that why would why wouldy? 372 00:22:21,000 --> 00:22:21,520 Speaker 3: Why would he? 373 00:22:22,680 --> 00:22:23,240 Speaker 2: Why witty? 374 00:22:23,280 --> 00:22:27,800 Speaker 4: This is my last quick thing? Uh, Christmas? Is the 375 00:22:27,840 --> 00:22:30,440 Speaker 4: holiday schedule going to play a role? I know we're 376 00:22:30,440 --> 00:22:32,680 Speaker 4: a little ways out and they expect to be done, 377 00:22:32,720 --> 00:22:34,080 Speaker 4: but do you think it's going to play a role 378 00:22:34,119 --> 00:22:34,520 Speaker 4: in the strung? 379 00:22:34,680 --> 00:22:34,920 Speaker 1: Yeah? 380 00:22:34,960 --> 00:22:36,960 Speaker 3: I mean, you know, one thing, one thing that the 381 00:22:37,080 --> 00:22:41,960 Speaker 3: judge doesn't want to do is have this role into 382 00:22:42,359 --> 00:22:47,080 Speaker 3: people's Christmas holidays and vacations and because then you have 383 00:22:47,119 --> 00:22:51,040 Speaker 3: an angry jury, especially if they have a pre planned vacation, 384 00:22:51,320 --> 00:22:54,280 Speaker 3: especially if they have their kids, you know, school recitals 385 00:22:54,320 --> 00:22:59,040 Speaker 3: and so. But but that's not that's not an excuse 386 00:22:59,080 --> 00:23:02,959 Speaker 3: for the prosecution and to steamroll through their case. You know, 387 00:23:03,080 --> 00:23:05,080 Speaker 3: I mean I would be looking at this like I'm 388 00:23:05,080 --> 00:23:08,520 Speaker 3: going to take my time, I'm going to argue, you know, 389 00:23:08,600 --> 00:23:11,040 Speaker 3: I'm going to I'm going to just hammer home some 390 00:23:11,160 --> 00:23:15,080 Speaker 3: of these points for as long as it takes, and 391 00:23:15,240 --> 00:23:17,160 Speaker 3: you know, let the judge be the bad guy here. 392 00:23:17,920 --> 00:23:23,480 Speaker 3: I just would I yes, they may adjourn and then 393 00:23:23,560 --> 00:23:26,840 Speaker 3: come back if the case takes longer than that. But 394 00:23:26,880 --> 00:23:30,000 Speaker 3: I but when I'm hearing, Oh, the prosecution's going faster 395 00:23:30,119 --> 00:23:33,919 Speaker 3: than expected. I'm thinking that's not good. Why would you 396 00:23:33,960 --> 00:23:34,280 Speaker 3: do that? 397 00:23:34,960 --> 00:23:35,320 Speaker 2: Wow? 398 00:23:35,840 --> 00:23:39,440 Speaker 1: So what do you want to see if you're looking 399 00:23:39,680 --> 00:23:42,120 Speaker 1: or somebody who was saying, I'm not saying that you're 400 00:23:42,160 --> 00:23:44,600 Speaker 1: personally rooting for their prosecution, but if you'd like to 401 00:23:44,640 --> 00:23:47,880 Speaker 1: see them actually be successful given the week they just had, 402 00:23:48,200 --> 00:23:51,120 Speaker 1: what do they need to do this week to get 403 00:23:51,119 --> 00:23:54,920 Speaker 1: the jury on board with their version of events? 404 00:23:55,560 --> 00:24:00,639 Speaker 3: Ask questions that start are in the middle, and end 405 00:24:00,760 --> 00:24:04,680 Speaker 3: with us your common sense. Okay, So I would be 406 00:24:05,280 --> 00:24:08,840 Speaker 3: you would be formulating questions where the jury says, well 407 00:24:08,880 --> 00:24:11,840 Speaker 3: that that makes sense to me. I mean, a very 408 00:24:11,920 --> 00:24:15,359 Speaker 3: healthy woman just dropping dead and nobody and there were 409 00:24:15,359 --> 00:24:18,199 Speaker 3: no signs of anything that doesn't make sense to me. 410 00:24:18,440 --> 00:24:21,680 Speaker 3: That is not common. I'd like to hear statistics. I'd 411 00:24:21,720 --> 00:24:24,359 Speaker 3: like to know what kind of medical shape she was 412 00:24:24,400 --> 00:24:28,560 Speaker 3: in beforehand, had she complained to anybody, had she seen 413 00:24:28,600 --> 00:24:34,040 Speaker 3: a doctor related to any symptom, things like that. I mean, 414 00:24:34,119 --> 00:24:41,200 Speaker 3: I look, I these are cases where, like I said, 415 00:24:41,240 --> 00:24:44,919 Speaker 3: the defense has an uphill battle, but as the prosecutor, 416 00:24:44,920 --> 00:24:47,760 Speaker 3: I'm certainly not making it easier for them. I mean, 417 00:24:48,160 --> 00:24:50,480 Speaker 3: I wouldn't be making it easier. I wouldn't lose out 418 00:24:50,480 --> 00:24:55,040 Speaker 3: on key moments. I mean, this foulsto the idea that 419 00:24:55,160 --> 00:25:00,399 Speaker 3: Brian Walsh called him on January fourth, You know, I 420 00:25:00,440 --> 00:25:04,320 Speaker 3: would hammer that, where did he Why would he call him? 421 00:25:04,520 --> 00:25:08,640 Speaker 3: Why him? I mean, if you were to rely solely 422 00:25:09,240 --> 00:25:14,879 Speaker 3: on the testimony from William falstow All, the only exchange 423 00:25:14,880 --> 00:25:17,720 Speaker 3: he had with him was over the real estate. And 424 00:25:17,760 --> 00:25:21,080 Speaker 3: then there was one call that I also would have 425 00:25:21,560 --> 00:25:24,200 Speaker 3: sort of honed in on where he said, oh, our 426 00:25:24,240 --> 00:25:27,760 Speaker 3: son mistakenly called well that must have been from a 427 00:25:27,880 --> 00:25:32,879 Speaker 3: conversation that Anna had with Brian about mister Fusto. What 428 00:25:33,200 --> 00:25:33,399 Speaker 3: was that? 429 00:25:35,240 --> 00:25:38,600 Speaker 2: Did he ask her? Did she maybe not want to 430 00:25:38,640 --> 00:25:39,280 Speaker 2: tell him? 431 00:25:39,440 --> 00:25:42,240 Speaker 1: Maybe she you know, and you could presume that maybe 432 00:25:42,400 --> 00:25:45,800 Speaker 1: Anna would not want to worry or concern William because 433 00:25:45,800 --> 00:25:48,040 Speaker 1: she would want the relationship to continue. 434 00:25:48,080 --> 00:25:49,560 Speaker 2: She didn't want him to get scared off. 435 00:25:49,800 --> 00:25:53,200 Speaker 3: There was also there was also some interesting exchange about 436 00:25:53,200 --> 00:25:55,280 Speaker 3: a one year plan, a ten year plan, a twenty 437 00:25:55,359 --> 00:25:58,800 Speaker 3: year plan, and the prosecution just let that one go too. 438 00:25:59,400 --> 00:26:01,960 Speaker 3: I would have gone back to that and said, well, 439 00:26:02,000 --> 00:26:04,880 Speaker 3: let's talk about that. I mean, did you too, even 440 00:26:04,960 --> 00:26:07,360 Speaker 3: though you had young children, did you guys see each 441 00:26:07,400 --> 00:26:10,919 Speaker 3: other together in a fifteen year, twenty year plan. What 442 00:26:10,960 --> 00:26:11,840 Speaker 3: does that look like? 443 00:26:12,840 --> 00:26:13,080 Speaker 1: You know? 444 00:26:13,200 --> 00:26:15,919 Speaker 3: I mean, did you have did she have contingency plans 445 00:26:15,960 --> 00:26:17,919 Speaker 3: if her husband went to prison? Was she going to 446 00:26:17,960 --> 00:26:23,959 Speaker 3: stay with them? Those to me? TJ missed, missed. 447 00:26:26,560 --> 00:26:30,679 Speaker 4: Well, it has been very interesting to watch, yes, of course, 448 00:26:30,760 --> 00:26:33,560 Speaker 4: but it's really you've pointed some things out today and 449 00:26:33,560 --> 00:26:35,199 Speaker 4: this is why we have you as the expert that 450 00:26:35,359 --> 00:26:38,440 Speaker 4: we didn't think about and if we start thinking about it, 451 00:26:38,520 --> 00:26:40,520 Speaker 4: maybe the jury isn't thinking about it and they need 452 00:26:40,560 --> 00:26:43,160 Speaker 4: a lawyer to point it out and the prosecution hasn't 453 00:26:43,200 --> 00:26:44,960 Speaker 4: been doing that. So thank you. It's good to see you. 454 00:26:44,960 --> 00:26:47,080 Speaker 4: We're going to see you next week as well. 455 00:26:47,160 --> 00:26:48,000 Speaker 3: Yeah, next Monday. 456 00:26:48,680 --> 00:26:51,479 Speaker 2: Awesome. Alison Trizl. We appreciate you. 457 00:26:51,600 --> 00:26:54,560 Speaker 1: Thank you so much for helping us get the perspective 458 00:26:54,560 --> 00:26:56,320 Speaker 1: we need to fully watch this trial. 459 00:26:56,680 --> 00:27:01,280 Speaker 2: But it has been non stop, just crazy. 460 00:27:00,920 --> 00:27:03,439 Speaker 1: Moments in court, so thank you for continuing to watch 461 00:27:03,480 --> 00:27:04,600 Speaker 1: alongside us. 462 00:27:04,880 --> 00:27:05,359 Speaker 2: Of course,