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Where are Ana Walshe's remains? Expert says 'no body' case often used by defense to prove victim isn't dead

Lawyer Joshua Ritter said, 'The defense is always going to exploit the idea that there is no concrete evidence the alleged victim is actually dead'
PUBLISHED JAN 19, 2023
Brian Walshe, the husband of Massachusetts mom Ana Walshe, has been charged in connection with his her death (Ana Walshe/Facebook)
Brian Walshe, the husband of Massachusetts mom Ana Walshe, has been charged in connection with his her death (Ana Walshe/Facebook)

COHASSET, MASSACHUSETTS: Brian Walshe, the husband of Massachusetts mom Ana Walshe, has been charged by prosecutors in connection with his wife's death. "The continued investigation has now allowed police to obtain an arrest warrant charging Brian Walshe with the murder of his wife," Norfolk County District Attorney Michael Morrissey reportedly said. Brian has not yet been arraigned on the murder charge.

Ana's body has not yet been found although cops have searched the family home, backyard, and other areas of Cohasset. In the aftermath of Brian Walshe being charged, a Los Angeles criminal defense attorney opened up about how the case could turn out to be in case Ana's remains are not found. 

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"Anytime you have a ‘no body’ case, the defense is always going to exploit the idea that there is no concrete evidence the alleged victim is actually dead. They can lean on the idea that this was a troubled marriage, each partner likely wanted out, and maybe Ana decided this was her opportunity to run away," Joshua Ritter, a partner with El Dabe Ritter Trial Lawyers and a former Los Angeles County prosecutor, told MEAWW in an email. "They also may try to create alibi evidence by saying he wasn’t in the area she might have been, using cell phone data where they can. But in most instances the cell phone data favors the prosecution because when she was supposed to be on her way to the airport her phone is pinging at home," he added.

Ritter further said, "This case runs very high on what I would call consciousness of guilt evidence. And the prosecution has done a good job highlighting the motive, showing that Brian Walshe was going through financial and legal trouble and he wanted out of this marriage. The evidence of motive is key, because often prosecutors give too little attention to a defendant’s possible motive and that’s a mistake. When you add all the elements presented by the prosecution, it’s a tapestry of circumstantial evidence that can really create a strong case. But they still lack some direct forensic and eyewitness evidence.”

Ana, a mother of three children, mysteriously went missing on New Year's Day. Brian claimed his wife took a ride to Boston's Logan International Airport and she disappeared. Soon after, he was arrested for misleading investigators and held on $500,000 bail. He pleaded not guilty. After Ana went missing, Brian told authorities that he stepped out to get ice cream with his son on January 2, according to prosecutors, The Sun reported. However, he was spotted on a surveillance video purchasing cleaning supplies at a Home Depot in Rockland.

Cops later found a broken knife and blood in the basement of the couple’s home, a prosecutor said, as reported by KKTV. However, it is unknown whose blood it was. Law enforcement sources later told CNN that materials including a hacksaw, torn-up cloth material, and what appear to be bloodstains were recovered as evidence. Police gathered various pieces of evidence together for weeks, which eventually led to Brian being charged with his wife's murder. 

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