Brian Walshe murder trial in Massachusetts: Day 5

Key Concepts

• Digital Forensics: The process of identifying, preserving, analyzing, and presenting digital evidence.
• Cell Site Report: A report detailing communication data from cell phones, including text messages, call logs, and associated timestamps.
• Location Data: Information about the geographical position of a device, often collected by apps.
• Safari Search History/Web History: Records of websites visited and searches performed using the Safari browser.
• Exhibit 161: The Safari search history of an iPhone 13 mini from December 25, 2022, to January 4, 2023.
• Exhibit 168: The call log for the same period.
• Exhibit 169: Text messages between Brian Walsh and Anna Walsh.
• Exhibit 170: A text message reservation at Nightshade restaurant.
• Exhibit 171-177: Various tools and items collected from a trash facility, including tin snips, a hacksaw, a hammer, packing tape, a hatchet, shears, and a measuring cup.
• Autopsy: A medical examination of a deceased person to determine the cause and manner of death.
• Forensic Pathology: The medical specialty focused on determining the cause and manner of death in cases of unnatural or suspicious deaths.
• Hystology: The study of tissues under a microscope.
• Probable Cause: Sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime.
• 501(c)(3): A U.S. tax-exempt nonprofit organization.

Summary of Proceedings

This transcript details a court proceeding, likely a trial, focusing on the presentation of digital evidence and forensic findings. The proceedings involve testimony from a trooper (Keefe) regarding cell phone data and search history, and later, a retired trooper (Sullivan) and a medical examiner (Atkinson) discussing collected evidence and forensic analysis.

I. Presentation of Digital Evidence (Trooper Keefe)

• Juror Compliance: The morning session begins with the judge confirming that the jurors have complied with orders regarding not discussing the case, conducting research, or accessing media, and that they maintain open minds.

• Cell Site Report (Exhibit 169):

  • Trooper Keefe identifies a cell site report containing text messages between a number ending in 8646 (Brian Walsh) and a number ending in 7966 (Anna Walsh).
  • Key Text Messages and Timestamps:
    • December 25, 2022, 11:53 a.m.: "Hello" (8646) and "Thomas asked if you were coming today." (8646).
    • December 25, 2022, 11:54 a.m.: "I haven't heard from you at all." (8646).
    • December 25, 2022, 12:57 p.m.: "My flight got cancelled driving up." (7966).
    • December 30, 2022, 6:33 p.m.: "Hello." (8646).
    • January 2, 2023, 2:33 p.m.: "Hello. Thomas found the phone playing on William's bed. Williams said he forgot it was there. Haha. Okay. Call anytime." (8646). This message is noted as not having a "delivered" status, indicating it may not have been received.
    • January 2, 2023, 7:18 p.m.: "Hello, where are you? Please call, text, or email. Exhausting day with the boys and we had fun going to bed early. Big day tomorrow for everyone. I still love you. Haha." (8646). This message also lacks a "delivered" status.
    • January 3, 2023, 6:39 a.m.: "Hello." (8646).
    • January 3, 2023, 6:39 a.m.: "Where are you?" (8646).
    • January 3, 2023, 6:39 a.m.: "I'm worried. Please call or email." (8646).
    • January 3, 2023, 8:30 a.m.: "Where are you? I just called and it went straight to voicemail. Calling you in Viber now." (8646).
    • January 3, 2023, 8:32 a.m.: "I will call after I drop the boys. If I don't hear from you this morning, I'm going to report you missing." (8646).
    • January 3, 2023, 12:16 p.m.: "Hello, I texted your sister and Alyssa. I am calling Jeff if I don't hear from you. Where are you?" (8646).
    • January 3, 2023, 7:03 p.m.: "Hello." (8646).
    • January 3, 2023, 7:04 p.m.: "Where are you? The boys and I are worried. I'm calling work tomorrow if I don't hear from you." (8646).
    • January 4, 2023, 10:14 a.m.: "Where are you?" (8646).
    • January 4, 2023, 10:15 a.m.: "I am calling Jeff now." (8646).
  • None of the messages from January 2nd to January 4th, 2023, indicate delivery status.

• Cross-Examination of Trooper Keefe:

  • Location Data: The defense questions the reliability of location data, noting that it can be turned off by the user. Trooper Keefe acknowledges that if location tracking is disabled for apps, that specific app will not collect location data, but there's a possibility of obtaining data from other sources.
  • Exhibit 161 (Safari Search History):
    • The search history covers December 25, 2022, to January 4, 2023.
    • The defense highlights that the prosecution team decided to limit the web history to only one day (December 31st) for a few minutes, despite web history generally containing more detailed information.
    • Specific Searches and Defense Arguments:
      • Expedia and Flight Searches (Record 9-20, Page 2): The defense points out numerous searches related to Expedia and flight bookings (including JetBlue), noting that web history would provide more context.
      • "Christmas Day plane crash" (Record 42, Page 4): This search and related entries (Records 43-45) are presented.
      • "Anna Walsh found dead" (Record 53, Page 4): This search and subsequent related entries (Records 54-58) are highlighted. Trooper Keefe states he knows the content but not the intent behind the search.
      • Wine and Champagne Searches (Records 445-495, Page 30-34; Records 924-943, Page 62-63; Records 953-1016, Page 68): Numerous searches for wine and champagne are noted, occurring on December 30, 2022. The defense notes the awareness of a planned New Year's Eve party.
      • "I'm good" Search (Record 1069, Page 72): This search from December 30, 2022, is presented. Trooper Keefe acknowledges it could be a movie title, and web history would provide context. The defense argues there's nothing nefarious about searching for a movie.
      • Movie Searches (Records 1128-1147, Page 75-77): Multiple references to movies and movie clips are noted.
      • "Nightshade" Search (Record 1170, Page 78): This search from December 30, 2022, is identified as "Nightshade Noodle Bar," believed to be a restaurant. The trooper is unaware of its location and did not investigate a reservation made there. Exhibit 170 (text message) confirms a reservation at Nightshade.
      • Charity Searches (Records 1250-1270, Page 84-85): Searches related to donating lottery winnings, filing for a charity, and 501(c)(3) status are presented. The trooper did not investigate the specifics of these searches.
      • "Autobond" Searches (Record 193, Page 14): Searches related to "Autobond USA" are discussed. The defense connects this to text messages where Anna Walsh asked Brian Walsh to buy her a Porsche, and he sent pictures of Porsches for sale on December 25, 2022. The trooper did not investigate interactions with Autobond.
      • Verizon Store Searches (Records 418-438, Page 29): Searches for a Verizon store in DC are presented. This is linked to text messages where Anna Walsh's phone was not working properly around December 27th, and Brian Walsh sent her information about a Verizon store in DC.
      • "Maza Building" / "Crossing Building" Searches (Record 1368, Page 92; Records 804-825, Page 54-55): Searches related to these buildings in DC are discussed. The trooper was unaware of a Legionnaire's disease outbreak in October 2022 at these properties managed by Tishman Spire, nor of a letter from the DC Department of Public Health to Anna Walsh regarding it.
      • "My ex's" and "Assault" Searches (Record 316, Page 22): These searches are presented without context. The defense argues there's nothing nefarious about searching for a western song.
    • Probable Cause and Search Warrants: Trooper Keefe explains probable cause and the process of obtaining search warrants. He states that at the time, there was not probable cause to expand the search warrant to look beyond December 25, 2022.
    • PowerPoint Presentation: The trooper compiled a PowerPoint presentation to provide context for GPS data points. He acknowledges that individual data points lack meaning without context, but mapping software helps understand events over time. He did not compare data from the iPhone with data from a MacBook or iPad.
    • Exhibit 168 (Call Log):
      • The call log is presented, showing calls between Brian Walsh's and Anna Walsh's phones.
      • A 1-minute 23-second call on December 25, 2022, at 12:15 p.m.
      • A 4-minute 45-second call on December 25, 2022, at 12:57 p.m.
      • Multiple calls on December 25, 2022, including one lasting 1 hour 22 minutes 33 seconds (from Brian Walsh's phone) and another lasting 3 hours 2 minutes 37 seconds.
      • Calls on December 27, 2022, including a 23-minute call from Anna Walsh's phone and several originating from Brian Walsh's phone.
      • Calls on December 28, 2022, including a 21-minute call from Anna Walsh's phone and a 15-minute call from Brian Walsh's phone.
    • Combined Data Analysis: The defense attempts to show how combining data from texts, call logs, and search history provides context. They highlight communications about property sales, Porsche shopping, and picture exchanges between December 25th and December 30th, 2022.
    • Facebook Messenger vs. iMessage: The trooper confirms familiarity with Facebook Messenger and Apple iMessage but does not recall seeing Facebook Messenger communications between Anna Walsh and William Fasto on the iPhone 13 mini. He acknowledges that finding such communications would be important evidence. He also states that Anna Walsh's device was never recovered.
    • Deleted Messages: The trooper notes that deleted data may not always be recoverable depending on the software and device.

II. Forensic Evidence Collection (Retired Trooper Sullivan)

• Background: Retired Trooper Heather Sullivan, with 20 years of service, including 13 years in crime scene investigation, testifies about her role.
• January 9, 2023, Investigation:
  • Sullivan responded to 3:30 Paradise Lane in Swampscott.
  • She documented two trash receptacles: a dumpster and a trash compactor (Exhibits 90 and 91).
  • The contents were transported to a transfer station at 3004th Street in Peabody for a methodical search by a CERT team.
  • The search was conducted in cold, outdoor conditions.
  • Collected Items: The CERT team identified and flagged items of interest. Sullivan photographed and documented these items.
  • Evidence Processing: Collected items were entered into the LIMS (Laboratory Information Management System). Some items were processed for fingerprints by the Boston lab, while others were collected by the detective unit or for DNA testing.
  • Exhibits 171-177: The following items, found in bags, were presented and admitted into evidence:
    • Exhibit 171: Tin snips.
    • Exhibit 172: Hacksaw.
    • Exhibit 173: Hammer.
    • Exhibit 174: Packing tape.
    • Exhibit 175: Hatchet.
    • Exhibit 176: Craftsman shears.
    • Exhibit 177: Measuring cup.
  • Sullivan notes that the measuring cup had dark powder on it, which appeared to be black fingerprint powder, and was not present when she initially packaged it.

III. Medical Examiner Testimony (Dr. Richard Atkinson)

• Background: Dr. Richard Atkinson, a board-certified forensic pathologist with the Office of the Chief Medical Examiner (OCME) in Boston, testifies. He has performed over 1,500 autopsies.
• Autopsy Process: He explains the process of an autopsy, including external and internal examinations, the typical timeline for rigor mortis and livor mortis, and the collection of samples for toxicology, DNA, and histological analysis.
• January 10, 2023, Examination:
  • Dr. Atkinson examined items from the Peabody transfer station to determine if they contained human tissue.
  • Exhibits 178-180: Images of blue and white carpet pieces with stains were presented. Dr. Atkinson examined these carpets. He notes the presence of debris above a ruler he placed for scale. He does not recall recording the combined measurement of the carpets.

IV. Judicial Remarks and Case Status

• Estimated Trial Length: The judge estimates that the evidence portion of the trial will conclude within three weeks, with approximately two additional weeks remaining.
• Juror Instructions: Jurors are reminded of their obligations to not discuss the case, use media, or conduct research, and to maintain open minds.

Synthesis and Conclusion

The proceedings reveal a detailed presentation of digital and physical evidence. The defense actively cross-examines the trooper, aiming to highlight the limitations of digital data, the prosecution's choices in presenting evidence, and the lack of context for certain searches. The introduction of collected items from a trash facility and the medical examiner's testimony suggest an investigation into potential disposal of evidence. The ongoing nature of the trial is emphasized, with the judge providing an updated timeline for the presentation of evidence. The core of the presented evidence revolves around communications between Brian Walsh and Anna Walsh, digital footprints, and physical items recovered, all of which are being pieced together to understand the events surrounding Anna Walsh's disappearance and death.