The trial of Brian Walshe, accused of murdering his realtor wife, has been delayed for an evaluation of his mental fitness following a recent assault in jail.
Walshe was set to stand trial on October 20 for the alleged murder of his wife, Ana Walshe, 39, on New Year’s Day 2023 and the subsequent dismemberment of her body, which remains undiscovered.
On Monday, Norfolk County Judge Diane Freniere approved a defense request for a mental competency evaluation, ordering Walshe to be taken to Bridgewater State Hospital for a 20-day assessment, according to court documents.
His attorney, Larry Tipton, asserted that Walshe’s mental and physical health have worsened due to the trauma from a stabbing incident in jail last month, hampering his ability to adequately stand trial. According to ABC 5, this has led to a need for a postponement.
Tipton stated in legal filings, “The defendant has made progress; however, both the mental and physical repercussions of the violent assault have hindered his capacity to engage in preparing his defense.”
He continued, “While he has put in significant effort, it is clear that the trauma from this sudden and unexplained attack continues to greatly affect his ability to collaborate effectively with his attorneys as his complex trial approaches.”
Prosecutors opposed the motion for a delay, arguing that there was no proof of his mental incompetency and emphasizing that Walshe was able to return to the jail on the same day of the incident.
A hearing to assess Walshe’s fitness for trial is scheduled for October 27, with a new trial date yet to be determined.
The Cohasset resident has pleaded not guilty to charges of first-degree murder, misleading the investigation, and concealing his wife’s body, who was the mother of their three children.
Surveillance footage reportedly showed Walshe purchasing multiple items at Home Depot, including mops, brushes, goggles, and a utility knife, which prosecutors allege were used in disposing of Ana’s remains.
Authorities purportedly discovered a hacksaw with a bone fragment in a dumpster near Walshe’s mother’s residence. He is also accused of using his son’s iPad to search for methods of body disposal on Google.
In addition, he allegedly engaged a private investigator to look into his suspicions regarding Ana’s fidelity prior to her disappearance.
The couple had been experiencing marital difficulties when Walshe was placed under house arrest for allegedly selling counterfeit Andy Warhol artworks.
