[…]
Judge Diane C. Freniere said from the bench that she wouldn’t sentence Walshe on the two lesser counts until the end of the trial.
[…]
At one point during Walshe’s hearing Tuesday, Assistant Norfolk District Attorney Gregory P. Connor told Freniere that there was an issue with accepting the guilty plea.
“Count three revolves around improper disposal of Ms. Walshe’s remains,” Connor said. “The defendant, when asked his marriage status [by Freniere on Tuesday] said that he was married. And consequently, your honor, then that is not an accurate relaying of his current status to the court, and could be invalidating the plea.”
Connor said that Walshe “has to be asked that question again, and I believe that if he continues to say he’s married, that he is negating facts of count three.”
Following a sidebar conference, Freniere addressed Walshe on the matter.
“Under the law, death extinguishes marriage,” Freniere instructed the defendant. “It may not religiously, or otherwise, spiritually. But under the law, when someone dies, or when someone is dead, you can no longer be married to them. Do you understand that?”
“Yes, your honor,” Walshe replied.
[…]
Walshe pleaded guilty to charges of willfully conveying a human body and misleading a police investigation, meaning he’ll stand trial only for murder.
www.bostonglobe.com