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

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<v Speaker 1>Hey there, folks. It is Wednesday, December tenth, and the

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<v Speaker 1>prosecution has rested its case against Brian Walsh, but not

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<v Speaker 1>before giving us one a hell of a day in court.

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<v Speaker 1>And with that, welcome to this episode of Amy and

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<v Speaker 1>TJ Robes. This this day was all about one witness.

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<v Speaker 1>Is that fair to say? A highly anticipated witness?

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<v Speaker 2>Yes, jem Mootlou. I was trying to say his name, Christ.

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<v Speaker 1>They were as well in court.

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<v Speaker 3>It's Mootlou, right, Jem Mootlou. Yes.

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<v Speaker 2>He was Anna Walsh's former boss and a friend to

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<v Speaker 2>both Anna and Brian, and most notably, he was with

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<v Speaker 2>them the night that everything went down on New Year's Eve.

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<v Speaker 3>He was with them until one thirty in the morning.

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<v Speaker 1>Okay, that's the setup, right, that's the setup we got.

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<v Speaker 1>This is the night we've been hearing about. This is

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<v Speaker 1>very very important to hear from this witness what he saw.

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<v Speaker 1>You would could argue he is as key to this

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<v Speaker 1>story as anybody, is he not besides William Fastaw Maybe.

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<v Speaker 2>True because and I even think perhaps more than that,

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<v Speaker 2>because he had had an hour and a half two

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<v Speaker 2>hour phone conversation with his wife with Anna, and I

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<v Speaker 2>guess a forty five minute one the day before where

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<v Speaker 2>she was, according to him, venting and talking about her marriage.

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<v Speaker 2>And then he got to witness the couple together that night.

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<v Speaker 2>Did they fight, did they drink too much? What were

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<v Speaker 2>they like? He's the only person who could actually give

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<v Speaker 2>insight into that.

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<v Speaker 1>So this sounds like it should be simple. Get on

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<v Speaker 1>the stand, we'll ask you what you saw, and there

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<v Speaker 1>you have it. Folks, this was a mess of a

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<v Speaker 1>day in court. I don't know how the prosecution is

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<v Speaker 1>going to think this was a winning final day for them.

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<v Speaker 1>This witness was a mess from jump Street and the

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<v Speaker 1>reason romees we got off to a slow start or

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<v Speaker 1>a late start. I should say. The jury didn't even

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<v Speaker 1>come until ten o'clock. She told him yesterday, I don't

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<v Speaker 1>come until then because they wanted to get this witness

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<v Speaker 1>on the stand and give some testimony so they could

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<v Speaker 1>question him outside the jury. It was a shit show

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<v Speaker 1>trying to get him to answer questions.

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<v Speaker 2>Right because he said it was three years ago. I

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<v Speaker 2>don't remember exactly what the conversation was that I had

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<v Speaker 2>with Anna that forty five minute one. I believe it

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<v Speaker 2>was on December twenty ninth, and since it was three

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<v Speaker 2>years ago. I can't remember the exact words, and the

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<v Speaker 2>judge said, that's fine, you don't have to know the

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<v Speaker 2>exact words.

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<v Speaker 3>Paraphrase what she said. He just couldn't do it.

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<v Speaker 2>He kept saying, she told me about their marital problems,

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<v Speaker 2>and then every time there would be an objection because

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<v Speaker 2>that was him basically categorizing it or characterizing what it was.

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<v Speaker 3>She said, now, what did she say?

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<v Speaker 1>But we went round and round him characterizing it as

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<v Speaker 1>marital issues. He said, I walked away from the conversation

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<v Speaker 1>with the feeling. I think he kept saying the feeling

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<v Speaker 1>that there were marital issues. That doesn't work in courts.

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<v Speaker 1>So we're going round and round, attorneys and the judge.

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<v Speaker 1>Everybody is almost scolding him, trying to get him to understand.

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<v Speaker 1>He can't do it. So now he freezes up even more,

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<v Speaker 1>I would argue, and he though Robes never was able

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<v Speaker 1>to give any testimony about something she said that suggests

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<v Speaker 1>that she had a problem with her marriage.

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<v Speaker 2>Yes, it was almost after and we were all thankful.

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<v Speaker 2>A certain point, the prosecution just said never mind because

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<v Speaker 2>they couldn't get him to answer. And you just kept saying, well,

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<v Speaker 2>I don't remember the exact words. And that was really

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<v Speaker 2>frustrating because it's like, Okay, well that's fine, but you

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<v Speaker 2>have to give an example of what she said.

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<v Speaker 3>Can't.

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<v Speaker 2>You can't say it made me feel like they had

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<v Speaker 2>marital problems. So that was a whole whole mess.

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<v Speaker 1>Well, it didn't feel like he was trying to fill

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<v Speaker 1>in some holes and some blanks, like he was trying

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<v Speaker 1>to fill in with what It almost felt at times

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<v Speaker 1>that he was. He wanted to help the prosecution as

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<v Speaker 1>best he could. This was a close friend of his.

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<v Speaker 1>It just he wasn't a good witness for the prosecution.

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<v Speaker 1>And even if there was information in there that was helpful,

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<v Speaker 1>the way it was presented, the mess that it was.

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<v Speaker 1>When the jury finally came in and he did give testimony,

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<v Speaker 1>it was still a bunch of objections and stopping and

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<v Speaker 1>even the judge had to jump in at some point

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<v Speaker 1>and no, you can it seemed like it did. It

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<v Speaker 1>seemed like a child you were trying to get something

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<v Speaker 1>out of or to follow instructions. I'm not trying to

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<v Speaker 1>be offensive to him by saying he's a childlike I'm

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<v Speaker 1>trying to give an impression of what it felt like

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<v Speaker 1>in court today.

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<v Speaker 3>It was messy. Yeah, it was very, very very messy.

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<v Speaker 2>And what Jem did and what he was able to

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<v Speaker 2>at least he was able to establish a couple of things.

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<v Speaker 2>First of all, he said that it was a festive,

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<v Speaker 2>fun night and they appeared to be happy.

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<v Speaker 3>Even that went around and around a bit, but he

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<v Speaker 3>did admit.

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<v Speaker 2>That and then asked, this was really interesting when he

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<v Speaker 2>talked about well, First of all, he also said that

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<v Speaker 2>he saw Anna send a text to Will Fastau earlier

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<v Speaker 2>in the night. So he said, they took a picture

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<v Speaker 2>of themselves and sent it. She's like, let's send it

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<v Speaker 2>to Will. So he did establish that he saw that

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<v Speaker 2>text take place. But then what I thought was the

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<v Speaker 2>most interesting part about his testimony for the prosecution was

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<v Speaker 2>when he said that Brian called him on January fourth,

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<v Speaker 2>several days later and said that he had not seen

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<v Speaker 2>Anna since January one, And he said, my immediate response

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<v Speaker 2>was did you have an argument?

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<v Speaker 3>Did you have a fight?

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<v Speaker 2>And he said it was a strange response because he said,

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<v Speaker 2>Brian said, no, did it look like we had an argument.

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<v Speaker 2>You were there, But he just said he was so

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<v Speaker 2>even keeled, he was so not panicked that he was

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<v Speaker 2>immediately thrown off by Brian's demeanor.

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<v Speaker 1>Yeah, I mean, hasn't everyone described him and everything we've seen,

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<v Speaker 1>even though the police video, audio and video, we haven't

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<v Speaker 1>seen him worked up or anybody testified to him having

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<v Speaker 1>a temper of any kind.

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<v Speaker 2>Have we no? And but also unemotional when it comes

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<v Speaker 2>to his missing wife. That that was also a note

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<v Speaker 2>just seemed so robotic about it all, so calm, not

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<v Speaker 2>like someone desperate to find out what happened to his wife.

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<v Speaker 2>That was something that has been very eerie to watch

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<v Speaker 2>him to hear in real time.

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<v Speaker 1>He confirmed what was and again I felt at times

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<v Speaker 1>he was even begrudgingly admitting that they were a loving couple.

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<v Speaker 1>He had to admit, yes, she loved and was in

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<v Speaker 1>love with our husband. He was admitting a lot of things.

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<v Speaker 1>And the night sounded really fun. Yeah, the sun came

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<v Speaker 1>and hung out for a little while. The witness today,

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<v Speaker 1>the friend who was there, said he considered the kids

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<v Speaker 1>his own. Yes, like they were that kind of close.

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<v Speaker 1>That night sounded fun. They showed the box, the champagne

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<v Speaker 1>box that they all signed and had these nice, beautiful

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<v Speaker 1>messages looking forward to the future. He described, Now, this

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<v Speaker 1>gives you insight into the evening. Nothing was wrong before

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<v Speaker 1>that dude left.

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<v Speaker 2>That is exactly what Mutloud testified to. And yes, reading

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<v Speaker 2>what Anna wrote on the champagne box, basically saying, you know,

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<v Speaker 2>we made it. We're still here and together. And it

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<v Speaker 2>just to think that that was her last night, the

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<v Speaker 2>last message she would ever write on a.

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<v Speaker 3>New Year's Eve.

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<v Speaker 2>And he got emotional a couple of times too, like

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<v Speaker 2>you know, actually got choked up when he was testifying

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<v Speaker 2>about Anna and about their relationship. But he the last

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<v Speaker 2>little bit he tried to get in for the prosecution

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<v Speaker 2>when they tried a final time to discuss how Anna

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<v Speaker 2>talked to him during that phone call about the marriage.

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<v Speaker 2>He said, she said there were cracks in the marriage.

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<v Speaker 2>Immediate objection and overruled. But I wonder still even though

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<v Speaker 2>and he said that many different ways, each time there

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<v Speaker 2>was an objection, each time it was sustained, excuse me,

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<v Speaker 2>not overruled. The jury still hears it. And that's what

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<v Speaker 2>I leaned over and looked at you, and I said,

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<v Speaker 2>the jury still hears that. They're hearing him say that,

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<v Speaker 2>and that still has an impact.

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<v Speaker 1>And there was a lot of that today to the

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<v Speaker 1>point it was hard to keep up. It was hard

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<v Speaker 1>to find a flow, It was hard to find a story.

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<v Speaker 1>Even the attorneys on the prosecution side at least struggled

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<v Speaker 1>to build sentences or questions the right way that wouldn't

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<v Speaker 1>get an objection. It was just a lot of that

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<v Speaker 1>today that didn't necessarily tell much of a story you had.

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<v Speaker 1>You know what, if you're on the jury, yes it's there,

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<v Speaker 1>but you had to find it for yourself. Nobody put

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<v Speaker 1>a good story together today.

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<v Speaker 2>That is exactly true. I remember just thinking, why can't

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<v Speaker 2>we button this up and explain? Even when the prosecution

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<v Speaker 2>had Brian Walsh's and I don't know what the term was,

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<v Speaker 2>It's not obviously a parole officer, but it was someone

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<v Speaker 2>who was in charge of making sure he stayed on

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<v Speaker 2>house arrest with I don't know if he had a monitor.

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<v Speaker 2>I believe he must have had some sort of ankle

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<v Speaker 2>monitor on him, but he wasn't allowed to leave the house.

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<v Speaker 3>But even going through what he was.

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<v Speaker 2>Allowed to do and what he wasn't allowed to do,

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<v Speaker 2>I didn't understand what she was getting at. Are you

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<v Speaker 2>saying that he planned a fake six hour window that

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<v Speaker 2>he claims he was driving his mother back home from

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<v Speaker 2>surgery when clearly we all know now during that period

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<v Speaker 2>of time, he was going to Low's and he was

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<v Speaker 2>going to Walgreens and he was getting equipment and things

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<v Speaker 2>to clean up and to actually dismember his wife. So

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<v Speaker 2>was the implication that he had premeditated that so made

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<v Speaker 2>up an excuse for his ability to leave his house.

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<v Speaker 2>But they never brought it home. They never made it

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<v Speaker 2>make sense. And I just didn't understand what the point

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<v Speaker 2>of any of that testimony was.

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<v Speaker 1>And we listened to every single second of that, we

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<v Speaker 1>were paying close attention, and we couldn't figure that out. Look,

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<v Speaker 1>maybe we're just not good listeners, and maybe the jury

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<v Speaker 1>is putting this together just fine. But it was a

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<v Speaker 1>mess of a day. It was the biggest day in

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<v Speaker 1>a lot of ways, and it was their final day

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<v Speaker 1>the prosecution has now put on its case. What's next

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<v Speaker 1>we do not know. But some of the things we've

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<v Speaker 1>already described, a couple of things we've left out so far,

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<v Speaker 1>including the final witness of the day was a friend

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<v Speaker 1>of Anna Walsh, and she put into testimony some things

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<v Speaker 1>we have not heard yet in this trial. Will explain

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<v Speaker 1>what that was about. And also how did a psychic

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<v Speaker 1>come into play today in testimony.

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<v Speaker 2>Stay here, welcome back everyone, as we talk about day

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<v Speaker 2>eight in the Brian Walsh trial. And this was a

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<v Speaker 2>huge day. It turned out to be the final day

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<v Speaker 2>for the prosecution, starting off with the man who was

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<v Speaker 2>with the Walshes until one thirty in the morning, the

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<v Speaker 2>night that Anna Walsh died and ultimately disappeared forever. So

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<v Speaker 2>we had his testimony. But another big name and the

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<v Speaker 2>final witness was Anna Walsh's close friend. Her name was

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<v Speaker 2>it's her last name's Kirby. What was her first name?

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<v Speaker 2>I just completely lost her first name, but her, one

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<v Speaker 2>of her best friends, testified and I thought what she

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<v Speaker 2>had to say was very, very eye opening and certainly

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<v Speaker 2>this was a win for the prosecution with this particular witness.

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<v Speaker 1>Well, I guess yes, it depends on how you or

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<v Speaker 1>how they hope the jury is going to interpret this.

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<v Speaker 1>I was surprised to hear, right. They talked to plenty

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<v Speaker 1>that the defense was saying that he didn't know about

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<v Speaker 1>the affair first of all, and also saying that he's

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<v Speaker 1>not a jealous man. And they made that point with

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<v Speaker 1>the previous that's Trus who was the guy who was

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<v Speaker 1>there with him, that I was a guy that she

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<v Speaker 1>was very close with and spent a lot of time

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<v Speaker 1>with him. Men, they asked, Hey, you did did Brian

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<v Speaker 1>ever express jealousy or anything that you two spent more

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<v Speaker 1>time so much time. No, we were all very close.

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<v Speaker 1>So they've been setting this up, is what I am saying.

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<v Speaker 1>That he is not a jealous person. But I didn't

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<v Speaker 1>see it coming that he was aware that his wife

0:12:33.679 --> 0:12:36.920
<v Speaker 1>had a crush on the guy that she was ultimately

0:12:37.000 --> 0:12:41.559
<v Speaker 1>having an affair with. And then who actually told him

0:12:41.679 --> 0:12:42.440
<v Speaker 1>about the crush.

0:12:43.120 --> 0:12:46.600
<v Speaker 3>Yes, so that was really interesting.

0:12:46.640 --> 0:12:48.640
<v Speaker 2>It's Alyssa Kirby, by the way, I did find her

0:12:48.679 --> 0:12:51.719
<v Speaker 2>first name, but that Alyssa said that Anna told her

0:12:51.800 --> 0:12:55.600
<v Speaker 2>that she and Brian didn't keep secrets, that they told

0:12:55.679 --> 0:12:59.800
<v Speaker 2>each other everything, and that she almost wished he was

0:13:00.160 --> 0:13:05.079
<v Speaker 2>more jealous. The defense attorney got her to admit that,

0:13:05.160 --> 0:13:07.360
<v Speaker 2>which I thought was really really interesting. She's like, well,

0:13:07.360 --> 0:13:09.560
<v Speaker 2>you know the way a girl wants a guy to

0:13:09.640 --> 0:13:12.640
<v Speaker 2>maybe you know, put her first or whatever. But that

0:13:12.920 --> 0:13:16.199
<v Speaker 2>definitely stuck with me that she said that. But she

0:13:16.520 --> 0:13:20.080
<v Speaker 2>also gave us some insight into where Anna Walsh's head

0:13:20.240 --> 0:13:23.200
<v Speaker 2>was in the days right before she died on December

0:13:23.240 --> 0:13:26.120
<v Speaker 2>twenty ninth, they hung out. She's saying that Anna Walsh

0:13:26.200 --> 0:13:30.760
<v Speaker 2>is basically saying her life is a mess, that she's

0:13:30.840 --> 0:13:34.440
<v Speaker 2>at a breaking point. So we had not heard that before,

0:13:34.559 --> 0:13:37.080
<v Speaker 2>that she was not in a good place in her

0:13:37.120 --> 0:13:40.400
<v Speaker 2>marriage and she was spilling this all out to her

0:13:40.480 --> 0:13:41.800
<v Speaker 2>on December twenty ninth.

0:13:46.400 --> 0:13:49.000
<v Speaker 1>Yeah, So again, I don't know how the prosecution felt

0:13:49.040 --> 0:13:50.640
<v Speaker 1>about how they finished up their day, if they felt

0:13:50.679 --> 0:13:53.440
<v Speaker 1>they finished up strong, but that is it. As of now,

0:13:53.480 --> 0:13:55.880
<v Speaker 1>we don't know the list of what the defense is

0:13:55.920 --> 0:14:00.600
<v Speaker 1>possibly going to put on starting tomorrow. They are anticipating

0:14:00.640 --> 0:14:02.920
<v Speaker 1>to be back at at starting at nine am and

0:14:02.920 --> 0:14:05.600
<v Speaker 1>the Brian Wallsh trial. It will be day nine of

0:14:05.679 --> 0:14:09.679
<v Speaker 1>testimony tomorrow. Folks will keep a close eye on go ahead.

0:14:09.760 --> 0:14:11.560
<v Speaker 2>Well, we have the psychic to tell you about too,

0:14:11.720 --> 0:14:13.160
<v Speaker 2>because that was the other thing you tease.

0:14:13.240 --> 0:14:14.080
<v Speaker 3>I wanted to make sure.

0:14:14.840 --> 0:14:21.600
<v Speaker 2>Basically, Alyssa Kirby said that Anna Walsh told her that

0:14:21.920 --> 0:14:24.760
<v Speaker 2>Brian's mother went to a psychic.

0:14:25.160 --> 0:14:25.960
<v Speaker 3>Are you following me?

0:14:26.000 --> 0:14:30.360
<v Speaker 2>I know that's confusing, but that Brian's mother's psychic told

0:14:30.440 --> 0:14:35.160
<v Speaker 2>Brian's mother that Anna was having an affair. So the

0:14:35.200 --> 0:14:39.240
<v Speaker 2>implication would be that Brian might have asked her about it.

0:14:39.320 --> 0:14:42.040
<v Speaker 2>Ha ha, Are you having an affair? My mom's psychic

0:14:42.040 --> 0:14:45.680
<v Speaker 2>said you were, so there was some implication that there

0:14:45.800 --> 0:14:50.520
<v Speaker 2>was a conversation at least about something Brian's mom's psychic

0:14:51.200 --> 0:14:54.440
<v Speaker 2>told her about Anna. So that was another little interesting

0:14:54.480 --> 0:14:56.200
<v Speaker 2>part of her testimony.

0:14:56.600 --> 0:14:59.280
<v Speaker 1>We'll see how much more interesting things will get tomorrow.

0:14:59.320 --> 0:15:01.360
<v Speaker 1>We'll keep an eye on on it. Back to the trial.

0:15:01.440 --> 0:15:04.240
<v Speaker 1>Nine am from now, I'm TJ. Holmes on behalf of

0:15:04.280 --> 0:15:06.120
<v Speaker 1>my dear Amy Robot. We'll talk to Ulster