Farwell’s trial: He is accused in Birchmore’s loss of life

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Jamy Pombo Sesselman

Senior Digital Editor/Producer, WCVB.com

Phil Tenser

BOSTON —

Federal prosecutors filed a movement Sunday to confess testimony in regards to the defendant’s alleged extramarital affairs within the trial of former Stoughton police officer Matthew Farwell, who’s accused of killing Sandra Birchmore in 2021 to cover a sexual relationship that started when she was a minor.

The previous Stoughton officer is accused of strangling Birchmore and staging her loss of life to seem like a suicide.

Prosecutors allege that Farwell initiated a sexual relationship with Birchmore in 2012 and accuse him of killing her after she instructed him about her being pregnant and threatened to show their relationship. Farwell is accused of killing a witness or sufferer and inflicting the loss of life of Birchmore’s unborn baby.

Federal prosecutors renewed its movement Sunday to confess testimony about Farwell’s “grownup extramarital affairs” with three ladies.

“The federal government beforehand moved to confess restricted testimony proving that the defendant engaged in at the very least three extramarital affairs in the course of the related interval,” the movement reads. “The crux of the proof is that Farwell’s brazen conduct with these different grownup ladies and his failure to take in depth precautions to cover these relationships was starkly totally different than how he handled his prison relationship with Sandra Birchmore.”

The courtroom denied prosecutor’s unique movement to permit the testimony; nonetheless the decide mentioned proof could also be submitted if it grew to become related. Prosecutors allege that Farwell’s protection lawyer Kimberly Stevens in her opening statements instructed the jury that Farwell’s conduct stemmed from his need to cover infidelity from his spouse, in keeping with the movement.

Stevens instructed jurors Farwell wore a masks when he visited Birchmore as a result of it is what individuals having affairs “would possibly do.”

“Farwell’s grownup affair companions will supply vital testimony that strikes on the coronary heart of Farwell’s disclosed protection and Legal professional Stevens’ purported harmless explanations for Farwell’s mask-wearing. The three affair accomplice witnesses will say Farwell by no means took steps to cover their encounters. He by no means wore a masks or disguise. In reality, he had a cavalier perspective about their encounters,” the movement learn.

Prosecutors additionally filed a movement asking the decide to provide the jury a “healing instruction” to right what prosecutors allege have been two “misstatements of legislation concerning the weather of the offense and verdict unanimity.”

The jury of 10 males and 6 ladies heard opening statements final week. Twelve of the 16 jurors will likely be chosen to deliberate the case.

“He killed her in order that she could not discuss what he had executed together with her and to her,” Assistant U.S. Legal professional Torey Cummings instructed the jury in her opening assertion. “The proof will present that the defendant murdered Sandra by strangling her.”

Stevens argued a really totally different principle, the suicide principle, which was the Medical Examiner’s unique dedication.

“Matthew Farwell is a person who has had an affair. He is made some regrettable errors. He is human. Matthew Farwell didn’t kill Sandra Birchmore. He didn’t,” Stevens mentioned.

The prosecution has additionally filed a movement alleging that the protection had abruptly modified its place on what permission was granted to go looking Farwell’s cellphone after Birchmore’s loss of life.

“If the defendant needs to argue that he believed, in 2021, that he was consenting to a full search of his cellphone, he can clarify it to the jury from the witness stand,” the prosecution wrote.

The protection responded to the movement on Wednesday, arguing there was no change of their place. Farwell’s protection notes they’ve “no burden” to assist the prosecution and mentioned the federal government can solely blame itself for not studying the consent kind correctly.

“As an alternative, the protection has at all times understood that the shape and its contents ruled the parameters of any consented to go looking and acknowledged the next earlier than the Courtroom. Moreover, any artifacts and reveals Mr. Farwell would search to make use of, in its personal case in chief or as impeachment, from that iPhone can be inside that understood scope of the consent – something ‘associated to the loss of life of Sandra Birchmore,'” in keeping with the written response.

Farwell’s protection filed a response to the prosecution’s second try to dam a digital forensics professional. Paperwork point out that Daniel Loper plans to testify that Birchmore’s laptop computer was powered on/off at 9:41 p.m. on the day of her alleged killing. Additionally, the response states that Loper would testify that Farwell blocked Birchmore from contacting his iPhone.

“The exculpatory nature of this proof is apparent,” the protection wrote. “Why block somebody from contacting you if you understand they’re deceased and incapable of doing so?”

Casper dominated in opposition to a protection request to maneuver the high-profile trial out of Massachusetts. She additionally permitted a brand new movement concerning an unnamed witness to be submitted underneath seal, which means it isn’t out there to the general public.

Paperwork reveal parts of prosecution’s case

The prosecution argues that Farwell’s protection had ample alternative to argue the consent to go looking the cellphone was limitless, however by no means did, together with throughout a detention listening to held on April 28, 2026. A transcript of that listening to is hooked up to Saturday’s movement and contains a number of new particulars in regards to the case.

The transcript reveals that prosecutor Elizabeth Riley argued Farwell was not handled as a defendant within the parking zone interview. She acknowledged that Farwell didn’t flee or search to evade the investigation for years, however mentioned his conduct shifted after Dr. Michael Baden’s 2024 report concluding that Birchmore’s loss of life was a murder.

“What does the defendant do as quickly as this text comes out? He writes a goodbye letter to his greatest pal, asks him to care for his household, and tells him he’ll see him on the opposite facet,” Riley mentioned, in assist of her argument for maintaining Farwell in custody.

In line with the transcript of that detention listening to, prosecutors additionally allege that Farwell attended the Massachusetts State Police Murder Convention. The prosecution mentioned some detectives who led that coaching have been finally concerned within the investigation of Birchmore’s loss of life.

“A part of that coaching was instructing these detectives, like Matthew Farwell, examine hanging deaths,” Riley mentioned, in keeping with the transcript.

Moreover, the transcript reveals that Riley argued Farwell has a “continued sexual curiosity in ‘barely authorized teen ladies.'”

Among the reveals referenced within the transcript are sealed, however the doc signifies that they embrace at the very least three gadgets pertaining to allegations in opposition to Farwell from the summer time of 2021.

Case background: How we acquired right here

Farwell, 40, is a U.S. Military veteran who served as an explosives professional from 2004 to 2008. He grew to become a police officer in Stoughton in 2012.

Birchmore first utilized to hitch the Stoughton Police Explorers Academy in 2010. In line with prosecutors, her mom needed Birchmore to hitch this system to assist her work together with function fashions.

She met Farwell in 2012, whereas she was 15. Prosecutors mentioned they grew to become associates on Fb, Farwell tutored her on the library, and their relationship developed a sexual element. In line with paperwork filed within the case, prosecutors consider the 2 first had intercourse when Birchmore was 15 and Farwell was 27.

Moreover, prosecutors mentioned proof together with textual content messages and journals mirror discussions of choking, role-playing and examples of Farwell demanding management over parts of Birchmore’s life.

Their extramarital relationship allegedly continued for years, and prosecutors alleged in an indictment that Farwell met Birchmore for intercourse whereas on obligation. In the course of the years from 2013 to 2020, Farwell’s twin brother, William Farwell, and former Stoughton Police Deputy Chief Robert Devine are additionally accused of getting inappropriate contact with Birchmore.

Prosecutors mentioned Birchmore introduced Farwell with an ultimatum in October 2020. She demanded that he attempt to conceive a toddler together with her in alternate for her silence about their relationship and his conduct.

On Dec. 28, 2020, Birchmore despatched to Farwell an image of a poster studying “Congrats we’re goin to be mother and father” with an ultrasound picture, courtroom data present. In line with the prosecution, Birchmore instructed associates that Farwell grew to become violent together with her after that.

On Jan. 20, 2021, prosecutors wrote in an indictment {that a} pal of Birchmore’s disclosed their relationship to the Stoughton Police Division. A number of days later, prosecutors mentioned that Farwell requested a spare key to Birchmore’s house.

Birchmore was discovered useless on Feb. 4, 2021. It was initially dominated a suicide, and the protection mentioned she’d run a seek for “What shade is the suicide ribbon?”, however federal prosecutors mentioned Birchmore had been engaged on plans for her future baby, together with acquiring new child images and clothes.

Prosecutors mentioned video confirmed Farwell getting into Birchmore’s house at 9:14 p.m. on the night time she died, and leaving the constructing at 9:43 p.m., three minutes after Birchmore’s cellphone recorded its closing motion. Birchmore was discovered by police three days later with a duffle bag strap round her neck and hooked up to a closet doorknob.

An Inner Affairs report in August 2022 delivered findings of extreme misconduct in opposition to Farwell, his brother and Devine. All three resigned.

Birchmore’s household filed a wrongful loss of life lawsuit in December 2022 and retained a pathologist, Dr. Michael Baden, who issued a report on Jun. 18, 2024, which concluded her loss of life was a murder staged to seem like a suicide.

Farwell was arrested by the FBI on Aug. 28, 2024. The preliminary cost was killing a witness or sufferer. Prosecutors mentioned warrants allowed them to acquire his DNA, which was linked to samples from the ligature and Birchmore’s clothes, however not the unborn baby.

A federal grand jury returned a superseding indictment on Oct. 28, 2025, including a depend pertaining to the loss of life of the unborn baby. In December 2025, the Division of Justice introduced it might not search the loss of life penalty on this case.

Earlier this 12 months, Birchmore’s loss of life certificates was up to date by the Massachusetts Workplace of the Chief Medical Examiner. The way of loss of life was modified from “suicide” to “undetermined.”

Farwell’s prison trial is scheduled to start on Oct. 6.

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