Brian Walshe has pleaded not guilty to murder, misleading investigators, and disinterring a body in connection with his wife Ana Walshe's disappearance. His lawyers filed a motion to dismiss the case, asserting prosecutors failed to provide enough evidence to establish premeditation or malice. While a potential motive was suggested, the defense argued that motive does not equate to intent or premeditation. There is also a claim that there is no evidence to prove Walshe knew about his wife's alleged affair, and that the prosecution's evidence is inadequate to support the charges against him.
"There's nothing in the grand jury exhibits that has any statement, any conduct that can be attributed to Mr. Walshe that he planned to ... harm Ms. Walshe," defense attorney Larry Tipton argued.
Defense attorney Tipton contended that motive evidence is not premeditation and it does not equate to malice, stating that the prosecution lacks necessary proof.
Judge Diane Freniere noted that Walshe had indicated he had access to his wife's messages, which may imply knowledge regarding her affair.
Walshe's lawyers claimed there was insufficient evidence of premeditation or malice required to prove murder charges.
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