Episode Transcript
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Speaker 1 (00:00):
What you know, Ali Byers, Welcome to another episode of
Pretty Lives and Alibis. I'm Jigi. Good to have you here.
It's Wednesday, December tenth. We are going to go through
the last few witnesses before the Commonwealth rested. I think
the very last witness, a close friend of Anna's down
there in DC, was maybe one of the best witnesses
we've had for the Commonwealth. She really gave a lot
(00:22):
of insight into Anna's state of mind there around the
last time she saw But back on the stand after
the morning break was still Jim Muttlou, a personal friend
of Anna and Brian's that spent New Year's Eve at
their house and he was still on cross on New
Year's Eve. You were there for about five hours, yes,
and none of you were drunk.
Speaker 2 (00:44):
No.
Speaker 1 (00:45):
During the night, there was food and conversations about the future.
Anna was receiving and sending text messages and at some
point she said, let's send a picture to Will. He's
not sure about that. Brian told you he lost his
phone and he felt free because of that. Yes, on
January fourth, you talked to Brian over the phone and
he told you he hadn't spoke to Anna in several
(01:07):
days and she was missing and you were in shock.
Speaker 2 (01:10):
Yes.
Speaker 1 (01:10):
By the way, January fourth, it was the day that
her coworkers called the police in Massachusetts, and also the
day Brian filed the missing person report. You asked Brian
if he and Anna had an argument, and he said no,
did it look like we had an argument.
Speaker 2 (01:25):
You were there. The witness said it just didn't.
Speaker 1 (01:28):
Make sense to him, and it also did not make
sense she would just leave. You said they were in love,
and Jim said they seemed happy that night, but people
are complex. You knew Brian and Anna as a married
couple for three years, and you spent time with them.
He said he hadn't seen Brian and Anna physically in
months before New Year's Eve. The defense asks if he
(01:50):
spent time with each of them one on one.
Speaker 2 (01:52):
Yes. You said New Year's Eve was jovial.
Speaker 1 (01:55):
Everyone was hopeful about the new year, and Jim says,
I'm not sure if I said hope about the new year.
They bring up you signed the champagne box, and Jim says,
I don't know what was in their hearts. The move
was good that night, The defense says, you saw them
talking and laughing with each other.
Speaker 2 (02:11):
He said yes.
Speaker 1 (02:12):
The defense says Brian put a Turkish flare on the food,
specifically for you. Yes, when Brian told you he hadn't
spoke to Anna in three days, it didn't make sense
because when you left New Year's Day it was a joyful,
happy occasion. Jim says he didn't understand how she could
be missing and how nobody knew about it for three days.
I didn't understand, and his tone of voice was not panicked.
(02:35):
They ask again, was the mood joyful and happy when
you left?
Speaker 2 (02:39):
Yes?
Speaker 1 (02:40):
On redirect, When you say people are complex, are you
referring to your conversation with Anna a couple of days prior.
You're referring to her saying they were having marital problems?
He says, yes, and there was an objection and a
move to strike that statement. The judge strikes the marital
problem statement, but says he could discuss what he recalls
her saying as far as what Anna was saying. What
(03:02):
is it you heard in that conversation that made you
say people are complex? He said, Anna said there were
cracks in the relationship. There was an objection, a move
to strike, and they went to Cydebar. When they came
back to the best of your recollection in the December
twenty ninth conversation, What did Anna say to you that
led you to say people are complex? He said, the
(03:24):
fact that Anna gave him information which he can't recall
the exact words, but she was having problems in her
relationship with Brian. Again, the defense objects moves to strike
and the judge asked the witness what she said. He
doesn't remember the exact words, and that was it for Jim.
I thought he was a very credible witness. He showed
(03:47):
genuine emotion and you could tell that this loss has
affected him very deeply. The next witness MARLINI Rumdahlly. She
is one of Brian's probation officers. She is a senior
federal probation officer in the District of Massachusetts. She's known
Brian's It's November of twenty twenty one, and she would
(04:07):
see him once every sixty days, either at his house
or her office. Between December twenty twenty two and January
twenty twenty three, he was subject to a number of
conditions like home confinement, which limited his movements in the community.
He was authorized to leave with a pre schedule pass,
so he would have to ask permission, and when he
(04:28):
would ask for a schedule, it would need to be
approved by her. However, he was allowed to go out
for essential necessities such as education, religion, any kind of treatment,
to the doctor, attorney, grocery, shopping, banking, and things with
his kids and his mom. On Thursdays, he would submit
(04:51):
schedules to her through email for what necessities he had
coming up the next week, and he also did not
have permission to leave the state. She's asked is a
restaurant considered a necessity and she says no. If he
needed to deviate from the schedule, he would submit a
new schedule request through email to her, and he wasn't
allowed to go anywhere without clearing it through her first.
(05:14):
So he had a set recurring schedule for Monday through
Friday to drop his kids off between eight and ten
thirty am and then to pick them up between three
forty five and six fifteen. On January first, New Year's Day,
he asked for leave to take his mother home from
three to nine pm. He said she was post surgery
and he was taking her back to her residence. He
(05:37):
did not ask for permission to go to a restaurant. Now,
remember Anna had told someone that they had reservations to
go out to eat later that day, and I think
that's what they're referring to here. January tewond he had
permission to pick up and drop off the kids, but
she received information about an unauthorized leave that day at
(05:58):
three point fifty three pm. She reached out to Brian
to ask about that leave and he said he was
going to pick up his kids per usual, but school
was on holiday and not in session. But the witness
was not notified of that. January third, pick up and
drop off the kids, and a recurring schedule to get
his trash out from seven fifty pm to eight fifteen,
(06:21):
and she says it wasn't on his property. January fourth,
drop off the kids, and he had a recurring schedule
on Wednesdays between eleven and one thirty pm for grocery shopping.
January fifth, Brian let her know he had contact with
law enforcement, which is required, and he also let her
know Anna was missing for January fifth.
Speaker 2 (06:42):
The week prior, he had requested.
Speaker 1 (06:43):
To leave between ten fifteen to one thirty to help
his mom with Aerond's but this was not a recurring leave. Friday,
January sixth, she saw Brian in person. He submitted a
schedule for January eleventh for a haircut between one thirty
and three fifteen, and then a pass for the twelve
to meet with his attorney from ten thirty to three
(07:05):
fifteen on cross Brian asked to be able to take
his mom January first, the week prior, and to go
to a restaurant would need court approval. She says probation
doesn't have the authority to approve non essential necessities. It's documentation,
so it would need to be filed with the court.
To the fence says there's always the chance it wouldn't
(07:25):
be allowed. So if he wanted to take Anna out
on New Year's Day, there is a chance it would
not be approved, and she says yes. The next witness
Tony at Macrina from home depot. He's bringing in surveillance
and receipts from the store in Rockland. The date for
that is January second, at four fifty six pm. That's
the day the kids had no school, but he still
(07:48):
went out. They played that video for the jury. He's
walking in and in another clip he's checking out, they
bring in the receipt for the purchase.
Speaker 2 (07:56):
He checked out at five oh one PM and bought
a lot of stuff.
Speaker 1 (08:00):
Two pack of plastic sheets, tye xsuit looks like heavy
duty sponges, several buckets with lids, a broom utility knife,
extra large latex gloves, goggles, a mask, a hatchet, baking soda,
and a mop with a bucket. There were other things,
(08:21):
but they were going too fast for me to grab it.
The total for that purchase was four hundred and fifty
three dollars and fifty four cents. He paid four hundred
and fifty five dollars cash. The next witness, Ky Lourie.
I'm not going to attempt her last name because I
will butcher it, but she is a property manager at
Chatham West Apartments in Brockton, Massachusetts. That complex back in
(08:43):
twenty twenty three had twenty five exterior cameras and twenty
one dumpsters which are open to the public. She gave
surveillance to law enforcement and they play that on January third,
at five eleven. We see Brian pull In goes to
the dumpster, back to his car, backs up and leaves.
That video is really choppy and She said there is
(09:05):
a lag on their video sometimes so after lunch. The
next witness was Christopher Bernasconi. He works at TJ Max
in Norwell. They bring in a video of Brian in
the store January fourth, at nine forty four am. This
was the day Anna was reported missing. He got there
at nine forty four am and he checked out at
(09:27):
nine point fifty three am with a total of one
hundred and thirty three dollars and ninety four cents. Looks
like he mostly bought men's clothing. And the last witness
for the Commonwealth Alissa Kirby, where and Ana were introduced
through her brother Peter as well as her sister in law.
As far as her relationship with Anna, they became close
friends very quickly, she said. They called themselves new best friends,
(09:50):
and they spent a lot of time together and they
clicked like sisters. They met shortly after Anna moved to DC,
and they lived about a five minute walk around the
corner from each other. They tried to see each other
once a week, but not always, and they communicated about
the same especially when Anna would come back in town
from Massachusetts and she knew of will Fasto. Anna told
(10:13):
her that he sold her the house and talked about
her interest in him. She was hearing a lot about
Will as a person. She did tell the witness she
was interested in him and had a crush, but it
was more talk about their connection and what she wanted
to have happen with him. She told her she was
open with Brian about her crush on Will and he
(10:33):
was very aware of it. Christmas Day twenty twenty two,
Brian called her in the early afternoon, which was rare,
and said he was looking for Anna because he hadn't
heard from her. She offered to go to Anna's to
check on her, but he messaged her back and said
he got in touch with her.
Speaker 2 (10:49):
She said his.
Speaker 1 (10:50):
Demeanor was worried or nervous. She also spoke to Anna
on Christmas Day. That afternoon, as Anna was driving back
to Massachusetts. She said Anna was very upset and angry
that Brian would have called her. She said she had
talked to him about an hour or an hour and
a half before. Alissa and Anna spoke for about twenty
minutes and they planned to see each other right before
(11:12):
New Year's to catch up. So they met up on
December twenty ninth and went to a few places.
Speaker 2 (11:17):
They started at a.
Speaker 1 (11:18):
Bar near where they lived and later went to a
karaoke dancing bar and they stayed for about six hours.
Anna's demeanor was just upset and she was breaking down
because things had been really hard and she had hit
a breaking point. So they talked about a lot of things.
She said, Normally Anna was a very strong person, so
this was not like her, and Alyssa starts to cry
(11:40):
recounting this. She said Anna was upset about hers and
Brian's relationship and being far away from the kids. She
was also upset finding out the federal case was delayed
by Brian, and really she just wanted to be with
her kids, and she said the marriage between her and
Brian had been strained for a while. Annaha wanted Brian
(12:00):
to take responsibility for their family to be back together,
and at that point responsibility was potentially taking jail time,
but Anna said she would be waiting for him so
they could all be together. Anna thought maybe Brian could
spend a year behind bars, and Anna was contemplating if
she could legally take her kids to DC, and also
(12:22):
being away from Brian was hard for her. She said
everything was set up in her name in DC, as
well as the bills, and she was just trying to
figure out how to get the kids with her in DC.
Anna said that her and Brian had not been intimate
in over a year because he had been depressed and
the strain of the case took a toll on his
mental health and their marriage, and her energy was being
(12:44):
really drained. Brian was calling her several times a day,
and she was just physically and emotionally exhausted traveling back
and forth from DC to Boston and vice versa. Anna
felt she had to be the strong one, but it
was draining for her. They show a photo of her
and Anna from when they went out on December twenty ninth,
and immediately Alyssa begins to cry. She never saw Anna
(13:07):
again after that night. Anna left the next day from
Massachusetts that would have been December thirtieth, and was planning
to come back to DC January third or fourth. They
last communicated just after midnight on New Year's They bring
in text messages from Brian to Alyssa from January third.
It says, Hello, I know we did this a week ago,
(13:28):
but have you heard from Anna? Alyssa responded, apologizing for
the delay. Saying she was asleep and very sick with
the flu. She told Brian she texted Anna on New
Year's Day but hasn't heard from her since. She asked,
is she working today because she's usually running around super
busy with work. Brian responded, you're right, I'll let you
(13:49):
know when she calls, and he tells her to feel
better soon. The next morning, she texted Brian, did you
ever hear back? And Brian said no, they're looking for
her at work. Now. She got scared something was wrong.
She called her brother to see if he had heard
from her. She spoke with Brian either later that day
or the next day, and there were a few calls.
There was one with Brian and his mom, and she
(14:10):
said his mom was combative. There was an objection that
ended up in the sidebar. When they get back, they
ask about December twenty ninth, did Anna ever tell you
how Brian reacted when his mom said a psychic said
Anna was having an affair. The witness said, Brian thought
it was crazy. They show her a photo of Ana's jacket.
It's a photo of Anna sitting in a plane. They
(14:32):
had her face blurred out, but that was the end
of direct on cross. You guys would text and talk
during the week, and her work schedule was demanding. Was
it uncommon for her to work until seven or eight
at night? And the witness says no. She would go
to Boston on Thursdays and Fridays and come back on
Monday for the Christmas Day.
Speaker 2 (14:52):
Call.
Speaker 1 (14:52):
You said, Brian sounded nervous and worried, and this was
around noontime. Yes, you spoke to Anna Christmas Day and
she was ab Brian called you. The witness said, yes,
she felt it hadn't been that long since her and
Brian had spoke, and she was upset that he bothered
her on a holiday and worried her. As far as
William Fasteau, she told you she had a crush on him,
(15:14):
and she told Brian as well. They had an open
and honest relationship. The witness said, yes, they were open
in their relationship and he was not jealous. Did she
say she wished Brian was a little more jealous, And
she says, I think in a way a wife would
want her husband to be a little more protective. She
did not know Anna and will were in a romantic relationship,
(15:36):
but they talked a lot about will, but not about
anything actually happening. They asked, was her sleep schedule different,
going to bed early, sleeping in late and the witness
doesn't know. Did she cancel plans with you on December
twentieth because she wasn't feeling good?
Speaker 2 (15:50):
Yes? Did Anna say.
Speaker 1 (15:52):
She told Brian to resolve this and even if it
means jail time, We'll be here for you when you
get out. She said, Anna didn't really say this. It
was a conversation about him taking responsibility, which could mean
jail time because the sentencing had not happened. She wanted
Brian to take care of their family that way and
just be done with it. They had been living apart
(16:14):
and she wasn't sure what would happen. On redirect? Did
she want her family together? There is an objection and
the judge allows it, so they ask on December twenty ninth,
what did she tell you if she wanted her family together?
The witness said she wanted her family together, but was
exhausted and not sure.
Speaker 2 (16:33):
What to do.
Speaker 1 (16:34):
She's asked what did she say about if she loved Brian?
The witness said she said he would often not tell
her he loved her, but would always ask how much
in love she was with him, and she said this
time she said not as much because of everything that
had happened, and that she was falling out of love
with Brian. On December twenty ninth, how did she physically
(16:56):
appear to you? The witness says, tired, Commonwealth, And did
you go out to karaoke? And did she go dancing?
And the witness says, yes, karaoke and dancing. So after this,
the Commonwealth rested and the defense filed emotion of a
required finding of not guilty, but that was denied. The
judge said, the Commonwealth has showed enough evidence for the
(17:18):
case to be deliberated by the jury. So tomorrow, nine am,
come watch live with us. As you guys know, Brian's
attorney indicated in the opening statements, you will hear from Brian.
So could tomorrow be the day we will see? I'm
so here for it, because y'all, I've never watched a
trial when the defendant takes the stand that it is
(17:39):
anything other than an absolute dumpster fire, hot mess express
and I expect this will go about the same cross exam.
Y'all gonna be lit, all right. That's it for today,
Hope you guys, have a good rest of your evening.
Speaker 2 (17:55):
We will see you soon.