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Brian Walshe’s defense team will not call any witnesses, choosing to rest their case Thursday morning instead of presenting any evidence on the defendant’s behalf in his first-degree murder t…
www.bostonherald.com
"Judge Diane Freniere seemed surprised when the defense said that Walshe wouldn’t be testifying. Based on the defense’s opening argument, she said it appeared Walshe would get on the stand. The defense had also brought several concerns about Walshe’s upcoming testimony to Freniere the night before.
“Alright, does that moot every issue I researched last night?” she asked.
“I apologize, your honor,” Walshe’s defense lawyer Larry Tipton said.
“Alright, does that moot every issue I researched last night?” she asked.
“I apologize, your honor,” Walshe’s defense lawyer Larry Tipton said.
'Freniere decided that Walshe’s prior convictions and guilty pleas for charges of federal fraud, lying to the police, mishandling a body, and lying to a probation officer will be mentioned in the instructions to the jury
with the caveat that they cannot use those facts to find that Walshe has a criminal character and the reminder that they are only determining his guilt on the murder charge."
BBM -i am scratching my head about this instruction - confusing as hell to me
JMO