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October 4, 2024 14 mins
Brian Walshe, accused of killing and dismembering his wife, Ana Walshe, is facing new developments in his murder trial as his defense team raises concerns about the impartiality of the investigation. Walshe’s attorneys are demanding access to documents from two other high-profile Massachusetts murder cases, citing potential bias from former Massachusetts State Trooper Michael Proctor, who led the investigation into both Walshe's and Karen Read's cases.

Walshe, 48, was arrested in January 2023 and indicted on multiple charges, including murder, misleading a police investigation, and improper conveyance of a human body. He remains in custody without bail as his legal team works to challenge aspects of the investigation. The defense team is particularly focused on Michael Proctor, the former state trooper who led the inquiry into Walshe’s case.

Proctor’s involvement in another high-profile case—the investigation into Karen Read—has come under scrutiny. Read is accused of striking her boyfriend, John O'Keefe, with her SUV and leaving him to die in a snowstorm. Proctor’s conduct in Read’s case, which ended in a mistrial, led to his suspension following testimony that revealed unprofessional behavior, including disparaging text messages about Read. During her trial, Proctor referred to Read as a “whack job” and used an expletive, later apologizing to the jury for his comments.  
Citing this behavior, Walshe’s defense team is questioning whether Proctor may have held a similar bias against their client. “Proctor’s text messages about Karen Read reveal bias,” Walshe’s attorney, Larry Tipton, said during a recent hearing. “We want to ensure there was no bias in Brian Walshe’s case, and that’s why we’re requesting access to these documents.”

The defense has asked for a comprehensive list of records related to Proctor’s work, including his cellphone data, internet account details, and more than 3,000 pages from an ongoing federal investigation. Walshe’s team is also seeking documents tied to Proctor’s role in the investigation of Sandra Birchmore, another case where Proctor’s actions have come under scrutiny.

While Walshe’s lawyers have not found concrete evidence of police or prosecutorial misconduct so far, they are pushing for transparency. “And I was going to explain why we filed such a detailed memorandum of law,” Tipton stated, “but I don’t think I need to waste the court’s time with that.”

The Norfolk County district attorney’s office, which is prosecuting Walshe, has stated that it will share any information relevant to the case, but they will not turn over sensitive information from other ongoing investigations. In a filing, the office noted that releasing Proctor’s phone and work cloud data could expose criminal offender records, confidential informant information, and private data from grand jury proceedings.

Prosecutors have made it clear that they do not plan to call Proctor as a witness in Walshe’s trial. Instead, Cohasset Police Sgt. Harrison Schmidt has taken on Proctor’s role in the investigation. "Dozens" of officers from the Massachusetts State Police and Cohasset Police Department were involved in the case, according to the district attorney’s office, which argues that Proctor’s absence will not impact the trial.

The defense and prosecution are expected to reconvene in December after Walshe’s legal team has reviewed the documents provided by the prosecution.

As the trial approaches, the defense is continuing to build its case, hoping to uncover any signs of bias or misconduct that could impact the outcome of this highly publicized murder case.
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