Episode Transcript
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Speaker 1 (00:00):
What you know, Ali Byers. Welcome to another episode of
Pretty Lies and Alibis. I'm Gigi. It's Wednesday, December tenth,
Day eight and the Brian Walsh trial. Yesterday, the state
hinted that they may finish up with their evidence today
and I suspect they will rest. So far, we've had
one witness on the stand. That is Jim Mootloo. He
(00:21):
was the man that spent New Year's Eve with Brian
and Anna. Now this morning, before the jury came in,
they had him on the stand going through some questions
to see what they were going to allow in and
what they would not. But let's just jump into his
testimony in front of the jury because it's all pretty
repetitive from what he had testified to previously. He met
(00:41):
Brian at a leadership program back in twenty twenty. It
was the length of a semester. There was a buddy
system and Brian asked to be his partner. They stayed
in touch after that program ended. He met Anna through Brian.
She came to one of the graduations and he knew
about her interest in real estate and they also had
(01:02):
a mutual friend. Anna ended up working for Jim. He
hired her in the summer of twenty twenty as a
director of operations for his team, and they became close friends.
She left his company in the spring of twenty twenty two,
but back in the fall of twenty twenty one, she
told Jim that she was offered a stellar job in
DC and asked for his blessing. After she left the company,
(01:24):
they didn't talk as much. His relationship with Anna, Brian
and the kids, he said he saw them as his own.
He also sold properties for Anna. Jim and Anna had
a call on December twenty ninth that lasted around forty
five minutes. He called to congratulate her on the closing
of a property where she was going to reinvest those proceeds. Now.
(01:46):
A ten thirty one exchange is a federal deferred tax
exchange program. I looked it up, and it's a strategy
that can allow real estate investors to defer capital gains
tax on the sale of investment price properties. Buyers have
forty five days to declare one, two, or three properties,
(02:06):
and those properties have to be of equal or greater value,
and then they would have six months or one hundred
and eighty days to close on one two or three
of those properties. He was happy that she wanted to
reinvest and grow financially. As far as the New Year's
Eve plans, Anna said, I know you're going to stay home,
so please come and spend New Year's Eve with us,
(02:27):
and he did. Now. During that phone conversation on the
twenty ninth, Anna told him that her and Brian were
having marital problems. There was an objection. She said traveling
back and forth was taking a toll on her and
she wasn't seeing her kids. There was another objection that
led to a sidebar. After the sidebar, the state asks
(02:48):
again about Anna saying that traveling back and forth was
taking a toll and she wasn't seeing her kids. Jim
said it was difficult for her, and he can't remember
what she said about Brian not being able to leave
Massachusetts because of his federal case. New Year's Eve at
Anna and Brian's house, he brought fruit and chocolate for
the kids. He got there around eight thirty PM, and
(03:10):
he gets very emotional and says Anna ran out of
the house to greet him with no coat on, and
it was freezing and she was running out of the
house as he was pulling into the driveway. They hugged
and they went inside. Brian and the kids were there,
but he was told the kids were sleeping. They went
to the kitchen and sat at the large island. He said,
(03:31):
Anna was very festive and happy to see him, and
Brian seem fine. Jim and Anna were seated on the
stools at the island, and Brian was on the other
side preparing the meal as well as serving them drinks
and food. Their oldest son came down to join them,
and he gets very emotional, as he says. He ran
to me and said, Jim, I haven't seen you in
(03:51):
a while. I miss you, and then he gave him
a hug. Anna took a photo of Jim with the
oldest child on her cellphone. That night, Anna was texting paeople,
including Will Fasto. Jim and Anna took a photo together
and she told Jim, let's send this to Will. He said.
The oldest was with them for about a half hour
maybe more. That night, they drink champagne and wine, no
(04:13):
hard liquor, and they all wrote on the champagne box
they show that to the jury and Anna wrote, Wow,
twenty twenty two, what a year, and yet we are
still here together. Let's make twenty twenty three the best
one yet. We are the authors of our lives. Courage, love, persistence,
compassion and joy love. Anna Jim wrote, no place I'd
(04:37):
rather be but here. New Year's Eve twenty twenty two,
the oldest child gave Jim a necklace. He saw no
injuries on Anna and had no concerns about her physical health.
That night, Brian told him that he personally had an
income of between fifty to sixty thousand. He said Anna
had two hundred and forty thousands plus bonuses, and that
(04:59):
could equal around three hundred thousand. There were no apparent
problems with Anna and Brian that night, and Brian told
Jim that he had misplaced his phone, but it felt
refreshing to be away from the phone. That night, Jim,
being courteous, asked Brian what time he went to bed,
because he didn't want to overstay as welcome. Brian said
around nine or nine thirty because they were waking up
(05:21):
the next morning for the kids. Jim said he'd better go,
but he ended up leaving around one to one thirty
that morning. Anna never mentioned a work emergency to him
that night. The next time He tried to contact Brian
and Anna through text was the next day Jim texted,
I love my necklace. Brian tells Jim Thomas just found
(05:41):
my phone. Before January second, he had no phone conversations
with Brian. He did talk to Brian that Wednesday, which
would be January fourth, and the call was around mid morning.
Jim was on the beach. Brian said, if you heard
from Anna and she's been missing. Jim asked, how could
she be missing? And Brian said she left around six
(06:03):
to six thirty New Year's Day and an uber for
a work emergency, and Jim said, what work emergency could
there have been? On New Year's Eve? He asked, did
you have a fight or an argument? And Brian said, no,
did it look like we had an argument you were there.
Jim really didn't know what to make of it. He
said he was in shock. He told Brian to call
the police, call everybody we know, let the community know,
(06:27):
because we've got to find her. He said. Brian's tone
was not panicked. Over the next few days, they spoke
a few times, and of course he hasn't seen her. Her
from Anna since he left their house in the early
morning hours on New Year's Day. On Cross, it got
a little uncomfortable at times. And I will tell you
when I've been in the courtroom and the defense tries
(06:49):
to sort of dirty up the victim, it doesn't go
over well with the jury. I would love to be
there to watch this jury. But on Cross, they ask
about the Breakthrough Academy where he met Brian, and the
premise of that was to become better humans and improve
emotional intelligence. And there were three areas of this course, Discovery, Breakthrough,
(07:11):
and leadership. The leadership portion was by invitation only, and
Anna had taken this very class the semester before Jim
and Brian did. Anna suggested to Brian that he link
up with Jim. Jim had been in real estate for
a long time, any new Anna was interested. He and
Anna talked a lot about property investments. Defense. You became
(07:33):
friends with Brian through this group, and you respected him
as a colleague. And the witness said Brian was not
a colleague of mine, but he did say Brian was
a very impactful person, meaning he looked out for you
and they got to be good friends. Now, this was
during COVID, and part of this class was they had
to pick a community service project. Brian pushed hard for
(07:53):
them to select Loving Spoonfuls. They ended up raising eighty
thousand dollars in. Brian matched those funds for a total
of around one hundred and sixty two one hundred and
seventy thousand, and hundreds of thousands of people were fed
as a result. He remembers the first time he saw Anna,
which was at one of the graduations for the program.
(08:15):
They also had a mutual friend who told Jim about Anna.
He and Anna spoke daily when she worked for him.
He said, Anna would bring pastries to his house and
they would sit and strategize and talk, and then they
would also meet with other team members. Defense, you saw
their kids as your own. Yes. They ask if he's married,
and he is not, so, they asked you were talking
(08:37):
a lot on the weekends, Yes, work and personal. Anna
would bring you food and spend time there during the day.
Did Brian ever complain about how much time you spent
with Anna or how much you texted? And Jem said no.
Brian supported her. You and Anna hit it off quickly,
and Jem said she was a very warm person. Defense,
(08:57):
she became your right hand and drop off as dry cleaning.
Jim said she came from hospitality and she would serve
people's champagne at company gatherings. She was an exceptional employee
and friend, and I relied on her defense. She never
said no to you. Jim says that's not true. They
had a disagreement in the fall of twenty twenty one,
(09:18):
and there were times she would respond in a passive
aggressive way, and so he would reach out to people
who knew her to ask how to handle this. In
fall of twenty twenty one, he told her to take
some time off, but he would continue to pay her.
It didn't affect their professional relationship or their personal friendship.
Did you? At one point reach out to Brian to
(09:39):
talk to him about how to move past this. Jim
said they met for dinner and discuss the issue. In
November of twenty twenty one, Anna told him about possibly
taking a job somewhere else, and he was sad about it.
He thought they could grow the business, but Aunta and
Brian had him over to their house to tell him
they cared about him, but this was best for Anna
(09:59):
and the family, and Brian told Jim, you have to
support her. The DC job was a big salary job,
and it was a big step for her and a
big opportunity for Anna to grow. He was told eventually Brian,
the kids, and Brian's mom would make the move up
to DC. Anna was very interested in investing in real estate.
He found out about Brian's federal case and he actually
(10:22):
attended a couple of the hearings to support Brian and Anna.
Brian's mom was there, as well as other friends of
Brian and Anna. He sat next to Anna at one
of the hearings and she clutched his hand. It was
a tense moment just before the judge's declaration. The defense says,
Brian's mom was upset that you were holding her hand.
There was an objection that was sustained. You spent a
(10:45):
lot of time with Brian and Anna, and you talked
to Anna a lot about her marriage and being a mother.
And Anna said Brian wasn't the jealous type, and Jim says,
that's correct. Did Anna confess she had a crush on you?
He says, yeah, Ma, baby, I don't remember those words
coming out. The defense asked if looking at a transcript
of a prior interview he did would refresh his memory
(11:08):
and he says, yes, they come back. He says he
doesn't remember saying that. Defense, you developed a close relationship
with another coworker and it became romantic. There was an
objection that was sustained. You don't remember Anna saying she
was jealous of that objection sustained. You don't remember Anna
telling Brian she had a crush on you. And at
(11:30):
this point the judge is like, I'll see you at
the bench when they came back. After she stopped working
for you, you kept in touch, but not as often,
and he said that's correct. But she was still taking
care of business for Jim, because he says, that's the
kind of human being and employees she was. Was she
in DC or Boston when doing that? And Jim said
she was commuting and they would also exchange advice about
(11:52):
their work. He said she was a sister he never
had and an exceptional human being. You said the conversation
you had on the twenty nineth was her saying the
commute was hard and that was part of it. Defense
asks about the three hundred thousand dollars salary, and Jim
said that was dependent on whether or not she got bonuses.
On the twenty ninth, she called and invited you over
(12:12):
for New Year's Eve. She didn't say, let me check
with Brian first. He says he doesn't remember you. Originally
had called to congratulate her on reinvesting the money from
her sale in that ten thirty, and he mentions a
team member of his helped her. The sale was for
several hundred thousand dollars. He said she would have had
forty five days to declare up to one, two or
(12:34):
three properties to reinvest in, and then one hundred and
eighty days to settle on it. They did spend New
Year's Eve together two years before twenty twenty two, and
that was at a restaurant in twenty twenty two. You
knew Will Fasto for about twenty years, and you met
through real estate in Boston and then later in DC
(12:54):
when Anna wanted to buy a family home. You hooked
Anna up with Will? He said, yes, and he also
wanted her to have a friend there. But then he
says he introduced Will to the whole family, not just Anna.
They asked if Brian and Will had a professional relationship
but not personal, and the witness doesn't know. Anna told
you she had become good friends with Will, and you
(13:15):
had a call with her on the twenty ninth. Did
she tell you she was romantically involved with Will or
that she would leave Brian for Will? He says no.
He knew they had gotten closed, but she never said
they were in a romantic relationship. Defense says you spent
time with both Anna and Brian without the other being there,
and you never saw them argue, and he doesn't recall
(13:37):
seeing them argue. He thought there was a lot of
love between them, and he said Anna was very much
in love with Brian. He said Brian and Anna would
come to him individually if they had disagreements. On New
Year's Eve, he texted her about coming over, saying he
was looking forward to seeing Anna and Brian, as well
as the kids. The defense asked about Anna running out
with no coat to greet him, and asked, are you
(14:00):
walking in the house hand in hand? Jim says, she
was very excited to see me. She gave me a
hug and we went into the house. And when you
saw Brian, he gave you a hug. And the witness says, yes,
Anna showed you a new ring that was quite large,
worth several hundred thousands of dollars. There is an objection,
and the judge's like, good time to take that morning break,
(14:21):
so I will recap the rest of the day later
this evening again expected to be a short day, so
we will see if that actually happens. That is it
for now. Hope you guys have a good rest of
your afternoon and we will see soon