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Farwell, convicted in Birchmore killing, seeks extra time for new-trial motion

Boston.com reports that Matthew Farwell's lawyers asked a federal court Thursday for more time to seek a new trial after this week's guilty verdicts.

What's new
  1. New headline Was: “Ex-Stoughton officer Farwell convicted in Birchmore’s 2021 death”
  2. Our desk updated its story
  3. New headline Was: “Ex-Stoughton officer convicted of killing Sandra Birchmore”
  4. Our desk updated its story
  5. ClickOrlando and ClickOnDetroit are now reporting this
8 earlier updates
  1. New headline Was: “Jury in Farwell trial tells judge it is deadlocked”
  2. Our desk updated its story
  3. WPRI 12, Boston.com and The Boston Globe are now reporting this
  4. New headline Was: “Jury resumes deliberations in Farwell federal murder trial”
  5. Our desk updated its story
  6. WCVB, WMUR and Local 10 are now reporting this
  7. New headline Was: “Key moments from ex-cop's trial in the death of Sandra Birchmore”
  8. Our desk filed its story

Matthew Farwell, the former Stoughton, Massachusetts, police detective a federal jury convicted this week of killing Sandra Birchmore and her unborn child, is seeking extra time to ask the court for a new trial1,2.

His lawyers, Kimberly Stevens and Joanne Daley, filed a document Thursday asking to submit a motion for acquittal, a motion for a new trial, and a supporting memorandum 30 days after they receive finalized trial transcripts1.

They said they need transcripts of sidebar discussions, which are not in the rough transcripts they have, and permission to file a memorandum longer than 20 pages because the issues are complex1.

Boston.com reported that the government has no objection to that request1.

It is not yet clear what legal grounds they will raise1. They cited a federal rule that lets a court vacate a judgment and grant a new trial if the interest of justice requires it1. Motions based on newly discovered evidence generally have a longer deadline than motions on other grounds1.

On Tuesday, the jury in U.S. District Court in South Boston found Farwell guilty of killing a witness or victim and of killing a child in utero1,2. Prosecutors did not seek the death penalty1,2. He faces a mandatory life sentence, with a hearing scheduled for Feb. 3, 20271,2.

Jurors had told the judge Monday they were deadlocked before returning the verdict the next day after more than 15 hours of deliberations over three days1,2,3.

Prosecutors argued Farwell strangled Birchmore, 23, in her Canton apartment on Feb. 1, 2021, and staged the scene to look like a suicide so she would not report crimes including a sexual relationship that began when she was a minor in the Stoughton police explorers program1,2,3. The defense argued she killed herself after he ended the relationship1,2.

State investigators initially treated the death as a suicide; federal prosecutors later charged Farwell, and the medical examiner later listed the manner of death as undetermined2,3. Norfolk District Attorney Michael Morrissey's office did not bring state charges and said after the verdict that it had been constrained by the original suicide finding2.

What Farwell's lawyers will argue in the new-trial papers, and how the court will rule on the extra-time request, has not been reported1.

Sources

  1. Boston.comMatthew Farwell, convicted killer of Sandra Birchmore, wants a new trial
  2. CBS NewsMatthew Farwell convicted of killing Sandra Birchmore and unborn child in Massachusetts murder trial
  3. WCVBMatthew Farwell guilty of killing Sandra Birchmore, unborn child, jury says

How it’s being reported

3 sources

First reported by CBS NewsCBS News

Where they agree

  • Farwell was convicted Tuesday of killing Birchmore and her unborn child and faces a mandatory life sentence.
  • The jury had reported a deadlock before returning a verdict.
  • Birchmore was found dead in Canton in February 2021 and the death was first treated as a suicide.

Where they differ

Whether Birchmore's death was homicide or suicide

Side by side

Each outlet's article broken down by our newsroom, in our own words. To read what they wrote, use the button under each one.

Boston.comBoston.com

Matthew Farwell, convicted killer of Sandra Birchmore, wants a new trial

The post-verdict request for extra time and longer briefing, not the grounds for a new trial.

Farwell's lawyers asked Thursday for extra time after trial transcripts to file motions for acquittal and a new trial.

Leaves out Detailed on-record reaction from prosecutors or Birchmore's family to the new-trial request.

The post-verdict request for extra time and longer briefing, not the grounds for a new trial.

What it reports

  • They said they need sidebar transcripts not in the rough record and leave to file a memorandum longer than 20 pages.
  • The government did not object to the timing and length request.
  • Grounds for a new trial are not yet specified; they cited the federal rule allowing a new trial if the interest of justice requires it.
  • Farwell was convicted Tuesday of killing a witness or victim and killing a child in utero and faces a mandatory life sentence, with sentencing set for Feb. 3.

Leaves out Detailed on-record reaction from prosecutors or Birchmore's family to the new-trial request.

CBS NewsCBS News

Matthew Farwell convicted of killing Sandra Birchmore and unborn child in Massachusetts murder trial

The verdict, mandatory life term, and reactions from prosecutors, family, the Norfolk DA, and Stoughton police.

A federal jury in South Boston found Farwell guilty Tuesday of killing Sandra Birchmore and her unborn child.

Leaves out Any request for a new trial.

The verdict, mandatory life term, and reactions from prosecutors, family, the Norfolk DA, and Stoughton police.

What it reports

  • The jury convicted Farwell on Tuesday after reporting a deadlock on Monday.
  • He faces a mandatory life sentence without parole; sentencing is scheduled for Feb. 3, 2027.
  • Prosecutors said he killed Birchmore to stop her from reporting his crimes to federal authorities.
  • Birchmore, 23, was found dead in her Canton apartment in February 2021; the death was first treated as a suicide.
  • U.S. Attorney Leah Foley said at a news conference that the evidence was clear.

Leaves out Any request for a new trial.

WCVBWCVB

Matthew Farwell guilty of killing Sandra Birchmore, unborn child, jury says

Jury deadlock and case history rather than the later new-trial filing.

WCVB's Nov. 10 trial page describes the deadlock, the federal charges, and background of the Birchmore case.

Leaves out Farwell's Thursday request for extra time to seek a new trial.

Jury deadlock and case history rather than the later new-trial filing.

What it reports

  • Jurors told the judge Monday they were deadlocked and were sent back to deliberate.
  • Farwell was accused of killing Birchmore in 2021 and staging the scene as a suicide.
  • The death certificate later listed manner of death as undetermined after an initial suicide ruling.

Leaves out Farwell's Thursday request for extra time to seek a new trial.