WEBVTT - The Brian Walshe Trial: “Don’t Let Him Get Away With Murder” 0:00:02.120 --> 0:00:04.520 Hey, there are folks. It is Friday, December twelfth and 0:00:04.600 --> 0:00:09.360 we are officially on verdict watch in the Brian Walsh trial. 0:00:09.920 --> 0:00:12.720 We talked to you earlier about the defense it's closing argument. 0:00:13.039 --> 0:00:16.320 We want to talk to you now about the prosecutions 0:00:16.480 --> 0:00:19.400 closing argument. With that, Welcome to this episode of Amy 0:00:19.440 --> 0:00:22.040 and TJ. We talked so much robed about how Larry Tipton, 0:00:22.079 --> 0:00:25.000 the defense lawyer, was very performative and some of his 0:00:25.079 --> 0:00:28.760 antics and he made you sit up and watch. It 0:00:28.920 --> 0:00:32.479 seemed like the prosecution was trying to pick up some 0:00:32.640 --> 0:00:34.240 of those tricks to a certain degree. 0:00:34.440 --> 0:00:38.440 Yes, we saw the lead prosecutor, the female prosecutor, be 0:00:38.600 --> 0:00:42.760 more dramatic. She was not monotone, that's for sure. But unfortunately, 0:00:42.840 --> 0:00:45.199 and I say unfortunately, because she went too far in 0:00:45.200 --> 0:00:48.839 the other direction. She went from whispering at times to 0:00:48.920 --> 0:00:53.880 feeling sarcastic in others to yelling and I'm not exaggerating 0:00:53.920 --> 0:00:56.280 almost I jumped up and I said, why is she 0:00:56.560 --> 0:01:00.080 yelling at the jury. So it was an attempt to 0:01:00.320 --> 0:01:04.080 be more performative, to be more theatrical, which I think 0:01:04.240 --> 0:01:07.440 was needed. She just it didn't feel like it's in 0:01:07.440 --> 0:01:08.080 her wheelhouse. 0:01:08.120 --> 0:01:10.560 It didn't feel natural, it didn't feel normal. It felt 0:01:10.720 --> 0:01:14.720 like it really like she was feigning every emotion she 0:01:14.880 --> 0:01:17.480 was trying to deliver. I don't know this woman. I 0:01:17.520 --> 0:01:20.360 hate to be don't want to criticize the job they 0:01:20.400 --> 0:01:23.600 have done, but we are sitting there as casual observers, 0:01:24.000 --> 0:01:26.559 and this is how things are coming across to us. Yes, 0:01:26.640 --> 0:01:29.920 she was more animated. Yes, it did seem intentional. It 0:01:29.959 --> 0:01:33.080 seemed like almost on her page where she was reading something, 0:01:33.080 --> 0:01:37.640 it was said in parentheses, yell this line, yeahs for 0:01:37.800 --> 0:01:38.520 this line. 0:01:38.760 --> 0:01:39.200 Correct. 0:01:39.480 --> 0:01:41.880 I feel like she practiced this at home. And look, 0:01:41.920 --> 0:01:45.640 you know what, it may not matter what she said 0:01:45.680 --> 0:01:47.960 and how she said it might not matter as much 0:01:48.000 --> 0:01:50.000 as what she said to the jury and what they're 0:01:50.000 --> 0:01:51.960 going to believe in what they're not going to believe. 0:01:52.520 --> 0:01:57.200 But it is interesting observing it how important it is, 0:01:57.400 --> 0:02:00.680 or it seemed to us, how you say something, yes, 0:02:00.720 --> 0:02:04.000 and when you say something and it matters. The information 0:02:04.120 --> 0:02:06.760 is important, of course, actually it should be the only 0:02:06.800 --> 0:02:09.360 thing that really matters. But we're all human beings and 0:02:09.400 --> 0:02:12.880 how we receive it and how we see it delivered 0:02:12.919 --> 0:02:17.359 to us absolutely impacts the weight we give the information. 0:02:17.480 --> 0:02:19.240 We're receiving that is that. 0:02:19.320 --> 0:02:21.320 Is the best way to put it, and the way 0:02:21.360 --> 0:02:26.239 I'm receiving her message. It didn't. Again, we've been keeping 0:02:26.240 --> 0:02:30.399 ourselves in that lane and being the jurors. But yeah, 0:02:30.440 --> 0:02:32.200 she only went. She didn't go as long as Tipton, 0:02:32.240 --> 0:02:32.679 I don't think. 0:02:32.680 --> 0:02:34.720 No, only thirty four thirty five minutes. 0:02:34.800 --> 0:02:38.919 Okay, So now let's get into the meat and potatoes 0:02:38.960 --> 0:02:41.560 of what she had to say and rope she started out, 0:02:41.680 --> 0:02:45.239 and it We've been waiting to hear them say how 0:02:45.280 --> 0:02:48.720 she met this violent end, and I thought maybe we 0:02:48.720 --> 0:02:51.680 were getting close to that, but she wrapped up and 0:02:51.760 --> 0:02:56.360 sent that jury into that jury room to deliberate, and 0:02:56.440 --> 0:02:58.560 none of us still have any idea what their theory 0:02:58.680 --> 0:03:00.000 is about how she died. 0:03:00.360 --> 0:03:04.920 No her, they just stuck with the violent end and 0:03:05.280 --> 0:03:09.280 common sense. Those were the two big themes that they 0:03:09.280 --> 0:03:12.760 were pointing out, that yes, she was murdered, she met violence, 0:03:13.240 --> 0:03:16.679 that Brian Walsh was cool and calculated, because she could 0:03:16.720 --> 0:03:19.640 point to that in the surveillance video, and certainly she 0:03:19.760 --> 0:03:22.400 kept bringing in some of. 0:03:22.280 --> 0:03:24.880 His interrogation by police where he just. 0:03:24.840 --> 0:03:29.280 Seems so casual and so cool and nonchalant. 0:03:29.680 --> 0:03:33.240 So she was doing that. But again, there was no 0:03:33.320 --> 0:03:34.640 and actually we were surprised. 0:03:34.720 --> 0:03:38.480 She pointed out, Basically, we don't have the body, and 0:03:38.520 --> 0:03:42.119 so we can't tell you how she died without an autopsy. 0:03:42.400 --> 0:03:43.000 We don't know. 0:03:43.560 --> 0:03:45.680 I stopped. I don't know if I heard the next 0:03:45.720 --> 0:03:49.000 two or three sentences because I was stuck on that sentence. 0:03:49.320 --> 0:03:53.640 She said, the medical examiner, it's impossible for the medical 0:03:53.680 --> 0:03:56.320 examiner to determine how she died. 0:03:56.480 --> 0:03:58.640 Probably don't want to reiterate that to the jury. 0:03:58.680 --> 0:04:03.520 Wait what yeah, hey, wait what you're telling me that 0:04:03.560 --> 0:04:07.720 it's impossible. So you're telling me you don't know, right, 0:04:07.880 --> 0:04:10.000 is how I took that line. Now, she tried to 0:04:10.080 --> 0:04:11.560 land it by saying, the reason we don't know it's 0:04:11.560 --> 0:04:13.520 because he was calculated making sure we couldn't find the body. 0:04:13.600 --> 0:04:14.480 That's what she was trying today. 0:04:14.720 --> 0:04:16.280 I feel like though she could have taken it so 0:04:16.360 --> 0:04:19.000 much further and said, you know, we don't know if 0:04:19.000 --> 0:04:22.000 he strangled her, if he stabbed her with that knife, 0:04:22.080 --> 0:04:25.680 if he you know, if he suffocated her with the pillow. 0:04:25.920 --> 0:04:26.440 We don't know. 0:04:26.480 --> 0:04:28.640 But what we do know is he made damn sure 0:04:28.680 --> 0:04:30.800 we weren't going to find out because he got rid 0:04:30.839 --> 0:04:31.920 of that body like I. 0:04:31.920 --> 0:04:33.080 Was thinking in my mind. 0:04:33.240 --> 0:04:36.359 Granted I don't know what she could have said that 0:04:36.520 --> 0:04:39.360 could have painted that picture using the evidence she had, 0:04:39.560 --> 0:04:43.560 that he did make sure that no one got their 0:04:43.560 --> 0:04:46.560 hands on her body. He did make sure there was 0:04:46.680 --> 0:04:50.039 no evidence left behind. That's because he murdered her. 0:04:51.120 --> 0:04:55.000 Maybe the jurors aren't like us, right, we've been in television. 0:04:55.200 --> 0:04:58.280 Maybe maybe we want that and they don't need it. Yeah, 0:04:58.520 --> 0:05:01.720 that's true, and you shouldn't need it. But this isn't us. 0:05:01.839 --> 0:05:04.360 This is Every lawyer out there will tell you this 0:05:04.400 --> 0:05:07.479 stuff matters. They will tell you how you deliver, who 0:05:07.520 --> 0:05:11.479 the messenger is, they will tell you it all matters 0:05:12.279 --> 0:05:18.000 and robes the closing. For me, I wrote it down. 0:05:18.320 --> 0:05:19.480 You and I wrote the same thing down. 0:05:19.520 --> 0:05:25.400 The themes common sense and context. She sent them in 0:05:25.440 --> 0:05:28.640 there saying, use your common sense. She didn't send them 0:05:28.640 --> 0:05:32.480 in necessarily. Look at this evidence, look at this, remember this. 0:05:32.640 --> 0:05:35.679 Remember that she said common sense, common sense, common sense, 0:05:35.920 --> 0:05:38.839 and kept relying on this idea that yes, this happened, 0:05:38.880 --> 0:05:41.839 and this happened. Yeah, it doesn't prove anything, but you 0:05:41.880 --> 0:05:46.000 have to remember context. Wink wink not. It was almost 0:05:46.200 --> 0:05:49.600 like she was saying, come on, y'all y'all know this 0:05:49.720 --> 0:05:54.359 dude killed his wife. That is how the entire closing 0:05:54.480 --> 0:05:58.080 sounded to me. It was really a real big come on, y'all, 0:05:58.320 --> 0:05:59.680 come on, come on, we know he did it. 0:06:02.040 --> 0:06:05.440 I actually thought it was interesting because yes, that was 0:06:05.560 --> 0:06:07.599 the gist of it, like that is a very good 0:06:07.600 --> 0:06:10.120 way to sum it up. And I do think it 0:06:10.240 --> 0:06:14.240 was the first time she even gave the jury. She 0:06:14.360 --> 0:06:17.359 connected some dots that she did not connect while the 0:06:17.400 --> 0:06:20.479 testimony was happening, which we were complaining about. But she 0:06:20.600 --> 0:06:25.359 finally then in her closing arguments, pointed out that she 0:06:25.520 --> 0:06:29.640 felt like Brian misplacing his phone was calculated and he 0:06:29.680 --> 0:06:32.680 misplaced his phone early in the night on New Year's Eve, 0:06:32.680 --> 0:06:34.279 but she said that was all a ploy so that 0:06:34.320 --> 0:06:37.560 he could explain why he didn't know or he hadn't 0:06:37.560 --> 0:06:39.720 been in contact with his wife for so long because 0:06:39.839 --> 0:06:42.599 he had misplaced his phone, and also then he could 0:06:42.640 --> 0:06:44.200 go do some of the stuff he needed to do 0:06:44.640 --> 0:06:47.719 without his phone tracking him. So now she points that out. 0:06:47.760 --> 0:06:50.799 Then she points out just even like he was putting 0:06:50.800 --> 0:06:52.800 on a show basically for the friend who was over 0:06:52.800 --> 0:06:55.000 a gem because he knew what he was going to do, 0:06:55.080 --> 0:06:55.599 the fact that he. 0:06:56.680 --> 0:06:58.960 Because that Frank, I don't understand, was convincing. 0:06:59.160 --> 0:07:02.320 It was a happy, joyful occasion. So that is what 0:07:02.680 --> 0:07:05.760 she claims. The prosecution claims Brian wanted to happen. They 0:07:05.800 --> 0:07:08.680 also claimed these searches for the Porsche and the diamonds 0:07:08.680 --> 0:07:12.080 and all of that was just all to throw Anna 0:07:12.160 --> 0:07:15.239 off his tracks. That really he had also searched divorce, 0:07:15.320 --> 0:07:17.800 best ways to divorce if you're a man, So he 0:07:17.880 --> 0:07:20.600 was figuring out what his options were and at some point, 0:07:20.640 --> 0:07:23.080 according to the prosecution, he landed on murder. He had 0:07:23.080 --> 0:07:25.400 to kill her, and so all of this, they say, 0:07:25.800 --> 0:07:28.640 was because he was angry about her missing Thanksgiving. They 0:07:28.680 --> 0:07:32.000 claimed that he apps, well Thanksgiving, she was going to 0:07:32.040 --> 0:07:35.040 her mother's at Serbia, but they claim he knew because 0:07:35.080 --> 0:07:37.640 they shared the same bank account, that she actually went 0:07:37.720 --> 0:07:39.200 to Dublin with her boyfriend. 0:07:39.360 --> 0:07:40.280 She missed both of those. 0:07:40.560 --> 0:07:42.840 Yes, she missed Thanksgiving. 0:07:42.440 --> 0:07:45.800 And was the mom. She just said the mom was sick. 0:07:46.080 --> 0:07:49.320 I believe she did ultimately go, but I actually cannot 0:07:49.320 --> 0:07:49.960 tell you, babe. 0:07:49.960 --> 0:07:51.160 I don't know, but I know that. 0:07:51.280 --> 0:07:54.840 So they were claiming, hey, look, he knew about something 0:07:54.840 --> 0:07:57.440 else on the bank account. He knew she came back 0:07:57.440 --> 0:07:59.960 through Frankfurt. So come on, of course she he knew 0:08:00.200 --> 0:08:02.480 that she was in Dublin overnight on Thanksgiving. 0:08:03.120 --> 0:08:05.600 So listen to what you just said. Of course, come on, 0:08:05.840 --> 0:08:07.360 come on, that is what I'm saying. 0:08:07.400 --> 0:08:09.880 So she's connecting these dots and saying and all of 0:08:09.880 --> 0:08:13.119 it is very plausible, and I would say likely even, 0:08:13.600 --> 0:08:17.000 but they didn't prove it. They're actually just saying, of 0:08:17.040 --> 0:08:19.160 course he knew, of course he he And so he 0:08:19.560 --> 0:08:22.120 was angry since then, and then she misses Christmas, even 0:08:22.160 --> 0:08:24.960 Christmas Day. Now he's livid. So now he's sitting there 0:08:24.960 --> 0:08:27.160 plotting how he's going to get rid of her on 0:08:27.200 --> 0:08:29.360 New Year's Eve. And he's got a whole plan in place. 0:08:29.720 --> 0:08:33.720 You know, I they laid out I think Rose forgive 0:08:33.760 --> 0:08:35.880 me if I missed it during the testimony, but they 0:08:36.000 --> 0:08:40.199 laid out this, this reasoning, this logic for why he 0:08:40.280 --> 0:08:42.559 killed her that seemed to go. It seemed to be 0:08:42.600 --> 0:08:45.439 a little different from the other motive, meaning he had 0:08:45.480 --> 0:08:47.400 to take care of the kids. He had to, like 0:08:47.559 --> 0:08:49.640 as a condition of him not going to jail. He 0:08:49.760 --> 0:08:53.400 needed the kids. And if his wife is now possibly 0:08:53.400 --> 0:08:56.040 going to leave him for another man and the kids 0:08:56.080 --> 0:08:58.320 go away, then he has no money, and he has 0:08:58.679 --> 0:09:01.920 no woman. They built a case for a motive that 0:09:01.960 --> 0:09:04.280 I didn't necessarily hear built throughout. 0:09:04.200 --> 0:09:05.480 Desperation, is what it sounded like. 0:09:05.480 --> 0:09:07.560 Here's a man who's about to go to prison for 0:09:07.600 --> 0:09:10.959 a year or two, whose children are now going to 0:09:11.000 --> 0:09:13.160 be living with his wife, who's now going to move 0:09:13.200 --> 0:09:16.720 full time into this town home who she bought from 0:09:16.760 --> 0:09:19.559 her now boyfriend, And in his mind he could be thinking, 0:09:19.559 --> 0:09:21.760 and the boyfriend's just going to move in, I'm going 0:09:21.840 --> 0:09:23.880 to be replaced while I'm in prison, and I'm going 0:09:23.960 --> 0:09:26.800 to come back to no money and no family. That 0:09:27.000 --> 0:09:29.840 is what they were suggesting at the end in closing. 0:09:30.160 --> 0:09:33.800 I didn't hear necessarily that pieced together during this. 0:09:34.120 --> 0:09:35.720 I did not hear that through the line at all 0:09:35.800 --> 0:09:38.520 during And that was what we have been complaining about, 0:09:38.520 --> 0:09:42.120 because when they had moments with witnesses where they could 0:09:42.160 --> 0:09:45.480 have woven the story, and it did require the prosecutor 0:09:45.600 --> 0:09:48.439 to provide the context to weave the story, to get 0:09:48.800 --> 0:09:52.240 the witnesses to fill in the blanks for the story 0:09:52.240 --> 0:09:54.760 they were creating. It's almost as if they came up 0:09:54.800 --> 0:09:57.320 with that to wrap it all up. In addition to 0:09:57.520 --> 0:10:01.240 he was jealous and he needed the money, but it 0:10:01.280 --> 0:10:05.360 was more about desperation and no options. If he were 0:10:05.360 --> 0:10:08.480 to divorce her, he would lose, and so he needed 0:10:08.480 --> 0:10:11.040 to find a way when he came back from serving 0:10:11.080 --> 0:10:13.600 his time where he would have all the money because 0:10:13.640 --> 0:10:17.080 everything was in her name because of his financial issues 0:10:17.080 --> 0:10:19.280 in his federal case against him, he put all of 0:10:19.320 --> 0:10:21.640 their assets in her name. So now he's like, I 0:10:21.720 --> 0:10:24.160 just screwed myself. But I don't feel like they did 0:10:24.160 --> 0:10:27.240 that good of a job during the trial explaining that 0:10:27.320 --> 0:10:28.480 through testimony. 0:10:28.960 --> 0:10:30.840 Where did she nail it? I'm looking at some of 0:10:30.840 --> 0:10:33.720 my notes here, Where did you you really think she 0:10:34.640 --> 0:10:38.880 did make some good points that the jury may remember 0:10:39.440 --> 0:10:41.560 when they go in there. I'm looking at my notes here, 0:10:41.559 --> 0:10:44.440 and I don't she had this line. I mean, it 0:10:44.480 --> 0:10:49.199 was that impactful. He cut up Anna's body and threw 0:10:49.240 --> 0:10:51.679 her in the dumpster. Now, the way I just said it, 0:10:51.720 --> 0:10:54.320 she was screaming that line. She was screaming that line, 0:10:54.360 --> 0:10:56.760 and that were pauses in between, is that it was 0:10:56.800 --> 0:11:02.000 a moment I remember for being a little awkward, not impactful. 0:11:02.480 --> 0:11:06.000 What she was saying was impactful. How she was saying 0:11:06.040 --> 0:11:09.400 it was detracting from what she was saying. It was 0:11:09.440 --> 0:11:12.880 a sentence actually funny enough that didn't need any louder. 0:11:13.160 --> 0:11:15.280 And actually that might have been one where I would 0:11:15.280 --> 0:11:19.680 have gone slower and softer for people to really let 0:11:19.720 --> 0:11:23.720 that sink in. When she shouted it, it felt aggressive 0:11:23.800 --> 0:11:25.520 and like it was too much. 0:11:25.559 --> 0:11:26.319 It didn't work. 0:11:26.520 --> 0:11:30.240 Well, you're a performer, you are, no, I'm serious. What 0:11:30.280 --> 0:11:33.559 I'm saying is these things you're talking about, how that 0:11:33.679 --> 0:11:36.880 think when something is when the words themselves here, you 0:11:36.920 --> 0:11:39.839 go rope. This is a very good example. You've been 0:11:39.840 --> 0:11:43.080 talking about it, all those searches and writing that he had. 0:11:43.720 --> 0:11:47.800 When something is that impactful, you don't have to shout right, 0:11:48.200 --> 0:11:52.320 you just repeat it, folks. He cut up the woman 0:11:52.400 --> 0:11:57.080 he loves, he said he loves, and he put pieces 0:11:57.080 --> 0:12:00.240 of her in different dumpsters, like saying that, and she 0:12:00.480 --> 0:12:02.960 shouted it in a different type of way. And again, 0:12:03.120 --> 0:12:06.280 we were sitting here and we're being acting coaches or 0:12:06.280 --> 0:12:09.199 something and being critical of performance. But this is how 0:12:09.240 --> 0:12:12.079 we received the closing arguments in a trial we have 0:12:12.160 --> 0:12:12.880 watched every second. 0:12:13.000 --> 0:12:13.840 Do you know what's interesting? 0:12:13.920 --> 0:12:18.120 She could have even played off of Larry Tipton, the 0:12:18.160 --> 0:12:21.680 defense attorney, saying that the only evidence shows that there 0:12:21.760 --> 0:12:25.080 was love. I would have taken that and said, if 0:12:25.160 --> 0:12:28.600 that's love is chopping up you know, I would have 0:12:28.679 --> 0:12:32.600 taken his last line about that and just twisted it. 0:12:32.679 --> 0:12:35.280 You know, we know some attorneys that that would have 0:12:35.320 --> 0:12:38.840 been the first line in their closing. They would have 0:12:38.960 --> 0:12:43.480 played off that Larry Tipton said, the only thing there is, 0:12:43.720 --> 0:12:48.680 the only thing there's evidence of is love. That's the 0:12:48.720 --> 0:12:49.120 next thing. 0:12:49.120 --> 0:12:52.160 He right, he just gave you gold to work off 0:12:52.240 --> 0:12:54.680 of when you have those searches. I would have said, 0:12:54.840 --> 0:12:57.560 is this love and then how to cut like, you know, 0:12:57.800 --> 0:12:59.640 up my wife's body whatever, you know. 0:12:59.800 --> 0:13:00.720 All all of those searches. 0:13:00.760 --> 0:13:05.400 Just wow, just go. I mean that's a very good point. 0:13:05.440 --> 0:13:08.520 And we yes, yeah, I missed out fortinday. 0:13:08.520 --> 0:13:10.320 In fact, I just thought about that as you were 0:13:10.360 --> 0:13:12.800 saying what you were, when you were describing how she 0:13:12.840 --> 0:13:15.120 was saying things. I started thinking about what Tipton said, 0:13:15.520 --> 0:13:18.360 and I thought, wait, she totally could have viscerated that 0:13:18.480 --> 0:13:21.360 line with the evidence that she does have, because there 0:13:21.440 --> 0:13:25.320 is evidence. Yes, they are lacking very important evidence akaa body, 0:13:26.080 --> 0:13:30.400 but there is so much evidence pointing to his guilt, 0:13:31.800 --> 0:13:34.959 maybe even his guilty conscience. You could have taken that 0:13:35.040 --> 0:13:36.800 murder work, because so much was made of why did 0:13:36.800 --> 0:13:39.840 he use the word murder in his searches? Six hours afterwards? 0:13:40.000 --> 0:13:43.080 She could have pushed this guilty conscience idea. She could 0:13:43.120 --> 0:13:46.679 have pushed so many other explanations other than the one 0:13:46.679 --> 0:13:47.319 the defense gave. 0:13:47.400 --> 0:13:48.840 Okay, you're going to have to help me here, bab 0:13:48.880 --> 0:13:51.360 you just made me remember it. She made a very 0:13:51.400 --> 0:13:56.199 good point about a search, and I hadn't heard anybody 0:13:56.320 --> 0:13:59.520 say it before, and I said, oh, yeah, that's true. 0:14:00.880 --> 0:14:04.360 It was. She made a very good point. I've said 0:14:04.480 --> 0:14:07.400 that is a winning like. She made me sit up 0:14:07.440 --> 0:14:11.640 and think about a search he had, and she said, well, 0:14:11.640 --> 0:14:14.360 why would he say? Ah, this is what it was. 0:14:15.760 --> 0:14:17.760 I wish I could help you. I don't know which 0:14:17.760 --> 0:14:18.320 one you're talking. 0:14:18.520 --> 0:14:22.440 This was it, she said. If he's desperate and his 0:14:22.600 --> 0:14:26.320 wife just died, the first thing you're looking for is 0:14:26.360 --> 0:14:28.960 not to chop up a body. The first thing you're 0:14:29.000 --> 0:14:36.200 thinking is sudden death. What possibly happened brain aneurysm. That 0:14:36.240 --> 0:14:36.960 would have been your. 0:14:38.280 --> 0:14:40.240 Deep van thrombosis whatever it is. 0:14:40.480 --> 0:14:44.560 Thing but she made when she said that, I. 0:14:44.440 --> 0:14:46.520 Said, Babe, that you're right. 0:14:46.600 --> 0:14:49.320 When she said that, I remember thinking, now you just 0:14:49.320 --> 0:14:52.000 spoke to me, and when she talks about common sense, 0:14:52.360 --> 0:14:56.080 that's exactly that moment when you say, right, if I 0:14:56.160 --> 0:14:59.800 walked in on the person I loved dead, and I'm 0:15:00.400 --> 0:15:02.520 even if I'm thinking, oh no, they're going to think 0:15:02.560 --> 0:15:04.240 that I had something to do with it for whatever 0:15:04.280 --> 0:15:08.800 reason in my past, I would be immediately considered guilty. 0:15:09.080 --> 0:15:11.720 I'd still the first thing would be mouth to mouth. 0:15:12.200 --> 0:15:14.960 You'd want to see if you could resuscitate. 0:15:14.320 --> 0:15:15.600 Somebody, how to check a pulse. 0:15:15.720 --> 0:15:17.440 You'd want to yes, And if I'm going to start 0:15:17.440 --> 0:15:19.320 searching stuff, I'm going to start trying to figure out 0:15:19.520 --> 0:15:20.120 what happened? 0:15:20.120 --> 0:15:20.920 How can I help? 0:15:21.160 --> 0:15:24.800 Is there any remedy for what does alcohol poisoning look like? 0:15:24.920 --> 0:15:29.080 Whatever I think could have happened. But honestly, more importantly, babe, 0:15:29.120 --> 0:15:31.640 you just would call nine one one because you'd want 0:15:31.640 --> 0:15:34.040 that person to have a shot. Maybe they could be resuscitated, 0:15:34.360 --> 0:15:37.840 maybe something could be given to them that could alter 0:15:38.120 --> 0:15:40.560 the the current state of their bow. 0:15:40.640 --> 0:15:42.080 That was the one. I mean, let me give the 0:15:42.240 --> 0:15:44.920 prosecution credit on that one. Yep, you're right, they made 0:15:45.000 --> 0:15:47.240 that point and that was common now that's used in 0:15:47.280 --> 0:15:50.120 common sense absolutely like wait, and he had a lot 0:15:50.120 --> 0:15:54.080 of hours to do anything related to resuscitating or first 0:15:54.120 --> 0:15:58.800 aid and whatever. Maybe, but folks, stay here, we'll tell 0:15:58.880 --> 0:16:04.520 you now how could change a verdict because the jury 0:16:04.600 --> 0:16:08.440 doesn't have just one option for finding him guilty. And 0:16:09.080 --> 0:16:11.640 Roosees and I, who have watched every moment of this trial, 0:16:11.760 --> 0:16:15.280 will give you our predictions for what this jury is 0:16:15.320 --> 0:16:15.680 going to do. 0:16:15.760 --> 0:16:28.520 Stay here, Welcome back everyone, as we await the jury's 0:16:28.720 --> 0:16:31.640 verdict in the Brian Walsh trial. The jury was handed 0:16:31.680 --> 0:16:36.040 the opportunity to start deliberating earlier this afternoon, after we 0:16:36.120 --> 0:16:38.520 heard from both the prosecution and the defense give their 0:16:38.520 --> 0:16:42.480 closing arguments. The judge gave instructions. But the big difference 0:16:42.560 --> 0:16:46.760 from the charges Brian wash is facing versus what the 0:16:46.880 --> 0:16:51.400 jury can consider to convict him of has changed. At first, 0:16:51.440 --> 0:16:54.080 we just we were told, hey, he is being charged 0:16:54.120 --> 0:16:58.720 with first degree murder premeditated murder, and he had already 0:16:58.720 --> 0:17:01.560 pled guilty to the lesser charge that involve dismembering his 0:17:01.600 --> 0:17:04.800 wife's body and misleading investigators, so we knew he was 0:17:04.840 --> 0:17:07.560 already guilty on those and the only other charge that 0:17:07.800 --> 0:17:12.480 they were considering or pursuing was that first degree murder charge. Well, 0:17:12.640 --> 0:17:18.320 they decided to give the jury more than just two options, 0:17:18.359 --> 0:17:21.840 not guilty or guilty as charged. So now they can 0:17:21.880 --> 0:17:24.040 come back with a not guilty verdict. They can come 0:17:24.080 --> 0:17:27.520 back as guilty as charged murder in the first degree, 0:17:27.960 --> 0:17:30.679 or the jury can come back with guilty of murder 0:17:30.880 --> 0:17:32.560 in the second degree. 0:17:32.920 --> 0:17:35.159 MM, which, Kay, I don't know. If you have it 0:17:35.160 --> 0:17:36.600 in front of you, we can look it up right quickly. 0:17:36.640 --> 0:17:37.399 I was just going to do that. 0:17:37.480 --> 0:17:40.920 What was sentence that possibly carries and the distinction as well? 0:17:40.960 --> 0:17:44.040 There are distinctions of course, Uh was stavery target of 0:17:44.080 --> 0:17:46.439 one one I put? In Massachusetts yep, first and second 0:17:46.440 --> 0:17:49.080 degree murder. There is a difference, certainly time difference, and 0:17:49.119 --> 0:17:52.359 the premeditation wouldn't necessarily be there, so correct. 0:17:52.440 --> 0:17:56.080 So in Massachusetts, second degree murder is an unlawful killing 0:17:56.320 --> 0:17:59.639 committed with malice afterthought, so the intent to kill or 0:17:59.680 --> 0:18:04.400 cost various harm or extreme atrocity or cruelty, but without 0:18:04.440 --> 0:18:10.080 the deliberate premeditation required for first degree murder. A sentence 0:18:10.240 --> 0:18:14.680 conviction carries a life sentence with parole eligibility often after 0:18:14.880 --> 0:18:16.439 fifteen years. 0:18:17.080 --> 0:18:18.800 Court sets the exact minimum. 0:18:18.880 --> 0:18:23.560 Yes, that'd be a big difference to get second degree 0:18:23.920 --> 0:18:25.600 versus first degree murder. 0:18:25.720 --> 0:18:27.800 They have options. Now, what do you think you want 0:18:27.800 --> 0:18:30.280 to tell us? Yes, you know, what do you think? 0:18:30.800 --> 0:18:35.040 I believe after everything I've seen and heard, I believe 0:18:35.040 --> 0:18:37.040 the jury is going to come back with a second 0:18:37.040 --> 0:18:44.040 degree murder conviction. Why Because I think that using common 0:18:44.080 --> 0:18:51.440 sense and seeing the evidence from the searches, the use 0:18:51.480 --> 0:18:54.960 of the word murder, his inability to be trusted in 0:18:55.080 --> 0:19:02.119 terms of what he says, and the unbelievable, tiny, small 0:19:02.200 --> 0:19:07.640 minute chance that she died of something other than murder 0:19:08.400 --> 0:19:09.440 that would all weigh to me. 0:19:09.640 --> 0:19:09.760 There. 0:19:10.280 --> 0:19:13.359 I feel like he absolutely caused her death. I don't 0:19:13.400 --> 0:19:15.280 know how he did it, and I don't know that 0:19:15.359 --> 0:19:18.240 he premeditated it. I don't believe necessarily. I think it's 0:19:18.600 --> 0:19:21.800 very possible and maybe even probable that he did. I 0:19:21.880 --> 0:19:25.200 do think he saw text messages, he did google William 0:19:25.200 --> 0:19:31.240 Fasteau's name. I do think that he knew so, but 0:19:31.320 --> 0:19:33.720 I don't think that the state proved premeditation. 0:19:33.880 --> 0:19:37.720 There you go. So I have opinions, But as a juror, 0:19:37.760 --> 0:19:40.400 am I supposed to I'm supposed to go with what 0:19:40.520 --> 0:19:43.320 you showed. I am convinced of something because of what 0:19:43.400 --> 0:19:46.840 you proved to me, and I'm just not there on it. 0:19:46.920 --> 0:19:49.840 So I, while I was talking to you earlier, if 0:19:49.840 --> 0:19:51.359 the first degree murder, I said, this is gonna be 0:19:51.359 --> 0:19:54.600 a hunger. I'm gonna miss her do this all over again. Right, 0:19:55.160 --> 0:19:58.040 But they gave them an option. They gave them. Anybody 0:19:58.040 --> 0:20:00.159 who's having some doubts, with some questions like you and 0:20:00.160 --> 0:20:02.959 I and listening to the prosecution now has an option 0:20:03.119 --> 0:20:05.760 of going, Okay, my common sense tells me this dude 0:20:06.080 --> 0:20:10.560 probably did this, but they didn't prove it. But now 0:20:10.760 --> 0:20:14.320 this gives me an option to go, eh, a little 0:20:14.359 --> 0:20:16.760 win for you, a little win for you. Maybe he 0:20:16.840 --> 0:20:18.840 still gets punished because it seems like you do want 0:20:18.840 --> 0:20:21.800 to punish him, right, don't you feel that, like just 0:20:22.440 --> 0:20:26.359 there's about him? No, you don't see anything about him 0:20:26.400 --> 0:20:27.840 that makes you root for this guy in the trial. 0:20:27.920 --> 0:20:33.080 There's not just right, he's accused of something contructious. But yeah, 0:20:33.200 --> 0:20:35.320 I think they've given them an option now that. 0:20:35.280 --> 0:20:36.800 They could say, okay, so what do you think the 0:20:36.840 --> 0:20:39.080 jury is going to come back second? 0:20:39.119 --> 0:20:39.399 Agree? 0:20:39.480 --> 0:20:42.600