Copyright NBC10 Boston
The murder trial against accused killer Brian Walshe is scheduled to begin next month, but a lot of things have to happen before the new Nov. 18 start. The trial over the disappearance of his wife, Ana Walshe, was supposed to begin this Monday, but was delayed earlier this month when the Cohasset, Massachusetts, man was ordered hospitalized for evaluation of whether he's competent to stand trial. Walshe's attorneys are going after potential evidence relating to former Massachusetts State Police Trooper Michael Proctor, including his cellphone data. Doctors also have to sign off on Walshe's mental state before a trial can begin. Walshe was last in court on Oct. 6, when he had a brief exchange with the judge, whom he could be heard asking to repeat what she said. Judge Diane Freniere clarified to him she was ordering a mental health examination. Walshe's attorneys asked for the examination after they say their client was attacked and stabbed in jail on Sept. 11. Legal analyst Peter Elikann explains that competency is usually established in a situation like this – even though it may take time. "This sort of trauma happening after the person's charged is almost inevitably cleared up at some point in the future," Elikann explained. "If you were attacked and stabbed with a knife, for a lot of people, that could have a dramatic mental health effect on them – at least temporarily." Walshe is due back in court on Oct. 27 for an update on his mental health examination. His case is also in court on Oct. 30 for an update on the federal grand jury material involving Proctor. A final pre-trial conference is set for Nov. 17, with the jury trial expected to begin the following day, if Walshe is competent to stand trial. Elikann says it is important to establish competency before the trial begins. "If they went ahead with a trial where the defendant was not able to assist in the defense, that would be appealed, and it would be thrown out, and, at some point, they'd have to have a redo," he said. Walshe's defense team recently indicated to the court the defendant's mental and physical health has declined. When a trial does start, court documents reveal the prosecution is expected to take about three to four weeks after a jury is selected. Walshe has pleaded not guilty to all charges, first-degree murder, intimidating a witness, juror or police or court official and disinterring a body, in the case. Listen to The Searches for Ana Walshe podcast for a deep dive into the case. Apple Podcasts Spotify YouTube Amazon Music iHeartRadio
