Brian Walshe murder trial: Reaction to closing arguments with Bob Ward, Elyse Hershon

We just finally got to this moment of closing arguments. The case is pretty much over other than the verdict. So, what are your thoughts as you listen to the both sides present their case for the last time? >> I think uh both sides really did an excellent job with their closing. I expected that the defense was going to try to get ahead of a lot of what they anticipated the Commonwealth's arguments would be. And they have to concede certain things that are obvious, right? that some of the acts were disgusting, that his Google searches were very dark and got very dark at times and really focus on that that was after the killing or after what the Commonwealth is saying was the killing. So there's nothing for premeditation. The Commonwealth, I think, did a nice job weaving in the Google searches, not just chronologically, but speckled in throughout their closing to really hit home a lot of their points. And I thought that was effective. Um, and they really weave together why and how that should be considered for premeditation. Um, and there's still the issue about whether he knew about the affair. Commonwealth is saying how could he not have, but is that really proof? So, it's uh it's going to be interesting to wait for the verdict. >> Is there any one or two things that the jury it's going to decide this for the jury? Is there any is there's no smoking gun to how she died, but do you think there is something else there that they're that's going to guide them one way or the other? >> I think the Google searches are impossible to get around. I think they're really horrific. And I think the question that everybody's asking is why cover up an accident? It doesn't make sense. So, um, you know, there was a little bit of a fine line that the Commonwealth walked into and and almost crossed over in their closing by saying that there was not evidence of sudden death because you don't want to you're not allowed to burden shift over to the defense and and implicate or infringe on the defendant's right to silence to not testify in his own trial. And that's a constitutional right. So, the Commonwealth really walked a fine line, maybe stepped over a little bit in saying that. Um, but that was pre-litigated with the judge and I'm sure that when they went to sidebar after the closings were done, the defense said their objections. The the parties are really not supposed to object during each other's closing to not out of respect and not to disrupt the proceedings. So when they go to sidebar at the end, they're saying I object to ABCDE to preserve the record in case there's a conviction. >> A lot of people said before this trial started, why even have a trial? This is a slam dunk. What is it the jury has to mull over here? What do you think is the key thing they have to mull over? >> I think a big thing here is that there's no body and there's no medical examiner to say that she was either killed or died of natural causes. If the cause of death is up in the air and there's no way to determine it, how is that proof beyond a reasonable doubt? So again, it's really taken the emotion out of it. You and I have talked about this. They really touched on that in the defense's closing. Taking the emotion out of it. What does the evidence show and what does it show about the pre-planning? Was there actual pre-planning or was it just really gruesome, grizzly searches after the death in a panic cover up? Um, and if the jury thinks that even if the jury thinks that he maybe did this in a in a fit of rage that fit more under a manslaughter, that's not on the verdict slip. So, if they think that he killed her by accident or in a heat of passion argument, that's an acquitt of firstdegree. >> All right. But then they can decide first or second degree. say murder, then it's up to them to decide whether it's first or second, which I think is important. >> It's very important. But even if the jury thinks that he killed her, but not premeditatively, they're going to need to acquit him under the jury, the judge's instructions, the judge will is about to start giving her instructions. They're going to be long and tedious. Usually the jurors will get a copy of those in the juror room and they will go through it methodically. They're about usually 40 to 60 pages for a murder.