DEDHAM, Mass. — The highly anticipated murder trial of Cohasset resident Brian Walshe, accused of murdering and dismembering his wife, Ana Walshe, has been delayed following a new court order for a mental competency evaluation.
Judge Diane Freniere has ordered Walshe to be examined for his “competence to stand trial,” a legal term assessing whether a defendant possesses the mental capacity to understand the legal proceedings against him and to effectively assist his defense attorneys.
According to the public court docket, Walshe will be sent to Bridgewater State Hospital for 20 days to undergo the evaluation. A competency hearing is currently scheduled for October 27th.
An attempt to obtain a copy of the judge’s order was denied by a court clerk, who stated the document contains private medical information and cannot be released.
Neither Walshe’s attorneys nor the Norfolk County District Attorney’s office would comment on the development.
Legal analyst and Boston based criminal defense attorney Elyse Hershon noted, “This has nothing to do with a defense for the murder charge that Brian Walsh is facing. Criminal responsibility is also under the statute. It doesn’t appear that’s the case here.”
“Competency is a fluid thing. It could be that somebody was competent previously and then by some sort of sudden mental defect or illness there’s something about the defendant that he may not be able to assist at his own trial and that could have to do with not understanding the roles of the different parties, not understanding, the charges,” Hershon added.
If Walshe is found not competent to stand trial, his charges could be indefinitely suspended. In such a scenario, he could be committed to a secure medical facility, such as Bridgewater State Hospital, rather than proceeding with the criminal trial. If his competency cannot be restored, the criminal charges could eventually be dismissed.
The outcome of the evaluation will determine the next steps in the high-profile case. The trial had been scheduled to begin in 2 weeks.
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