Jury selection in the federal trial of Matthew Farwell begins Tuesday, October 6, 2026, at the Moakley courthouse in Boston. The former Stoughton police officer is charged with killing Sandra Birchmore, 23, in her Canton apartment in February 2021, and with causing the death of her unborn son. He has pleaded not guilty, maintains she died by suicide, and is presumed innocent.
The last week before trial changed three things. Chief U.S. District Judge Denise J. Casper refused, for the second time, to move the trial out of Massachusetts. The defense disclosed that a State Police trooper’s server crashed in 2024 and lost the raw data from Birchmore’s laptop. And a fight over how much of Farwell’s phone he let investigators search in 2021 ended with prosecutors going back into the phone days before trial. Here is where each stands, and how the next two weeks are scheduled.
The trial stays in Boston
Farwell’s lawyers filed a renewed request to move the trial on Monday, September 28, arguing that coverage of Birchmore’s death “has fostered, and continues to foster, widespread public belief that Mr. Farwell is guilty of multiple crimes,” Boston 25 News reported. Casper denied it on Thursday, October 1, writing that the defense “has not met the high burden of demonstrating that pretrial publicity would prevent [Mr. Farwell] from receiving a fair trial in this District.” She denied the first venue motion in January. Our analysis of the venue law is here.
The phone: what did Farwell agree to in 2021?
Two days after Birchmore was found dead on February 4, 2021, State Police investigators met with Farwell. On February 9 he gave them his iPhone. What he consented to that day is now disputed.
- The prosecution’s account. In a motion filed Thursday, October 1, prosecutors said State Police obtained Farwell’s limited consent to search the phone for communications between him and Birchmore, according to The Enterprise. Police extracted the whole device but reviewed only the part covered by that consent. The government’s trial team has not reviewed the full extraction, though a filter team gave it to the defense in 2024. The Enterprise reported that the consent came during an unrecorded interview with then-Trooper John M. Fanning.
- The defense’s account. At a hearing Friday, October 2, federal public defender Joanne Daley said the written consent form “clearly says” investigators could search the device for “any evidence” relating to Birchmore’s death, not just texts, MassLive reported. When Casper asked whether there was now a record in open court of Farwell’s consent, Daley said yes.
Prosecutors took that answer at its word. Assistant U.S. Attorney Brian Fogerty said the government would search the phone for evidence related to Birchmore’s death, excluding communications with Farwell’s wife, his lawyers, a therapist or clergy, MassLive reported. The Enterprise also reported that prosecutors said they would re-review the phone before trial.
What prosecutors say they found. According to MassLive, prosecutors filed a motion on Saturday, October 3 stating that “despite the defendant’s efforts to delete data, in the hours since the defendant announced he now consents to a full search, the government has identified incriminating evidence on that device.” The filing, as MassLive described it, does not say publicly what the evidence is. Prosecutors asked the court to reject any defense objection based on late notice, and asked Casper to bar the defense from telling jurors Farwell consented to a full search at any time before October 2. “The defendant explicitly refused to authorize MSP investigators to search for anything other than text messages with Sandra Birchmore, the very items he claimed he already deleted,” the motion reads, according to MassLive. We have found this filing reported only by MassLive and have not read it; it was not yet on the public RECAP docket when we checked. The defense had not responded as of MassLive’s report, and the issue may come up Tuesday.
Why the defense raised consent in the first place. It wants its digital forensics expert, Daniel Loper, to testify that Farwell blocked Birchmore’s number on February 3, 2021, before she was found. Prosecutors asked Casper to exclude that testimony because they could not check it against the device. Arguing that the 2021 consent covered the whole phone answered that objection, and opened the door the government just walked through. Casper reserved her ruling on Loper, The Enterprise reported. We covered the earlier fight over Loper here.
The laptop: raw data lost in 2024
Daley told the court Friday that on August 24, 2024, the server State Police Trooper Nicholas Guarino was using to examine Birchmore’s laptop “crashed completely and failed,” leaving investigators with only a PDF extraction of the device, according to MassLive. That was four days before Farwell’s arrest. The laptop held thousands of messages between Birchmore and Farwell that are expected to be central to the government’s case.
Daley said the crash was disclosed only in recent weeks, though “Trooper Guarino has known for two years.” Prosecutors must disclose evidence favorable to the defense, and Daley argued the loss may have destroyed material that could have helped Farwell. Fogerty said the government would respond once the defense files a motion. None had been reported as filed by Monday.
How jury selection will work
According to MassLive and The Enterprise, which both reported Casper’s plan from Friday’s hearing:
- Tuesday, October 6: two groups of 40 prospective jurors, at 9 a.m. and 12:30 p.m., fill out handwritten questionnaires and hear preliminary instructions.
- Wednesday, October 7: no jurors come in. Casper, Farwell and the lawyers review the questionnaires and decide whom to excuse.
- Thursday, October 8: individual questioning of about 80 prospective jurors.
- Friday, October 9: more individual questioning if needed, possibly with a new pool of 40, then peremptory challenges until 16 remain: 12 jurors and four alternates. Casper told the lawyers to be ready to open as early as Friday at 9 a.m. if selection finishes Thursday.
The trial is expected to run about 20 court days, 9 a.m. to 4 p.m., Monday through Friday, in Courtroom 10, according to The Enterprise. Casper said she generally avoids sidebar conferences. Farwell will wear a suit, not jail clothing, in front of the jury.
What the government has to prove
Farwell is not charged with murder under state law. He is charged under the federal witness tampering statute, 18 U.S.C. § 1512(a)(1)(C), with killing Birchmore to prevent her from telling federal law enforcement about his federal crimes, and under 18 U.S.C. § 1841 with causing the death of her unborn child. A conviction on the witness killing count carries mandatory life. The Justice Department decided in 2025 not to seek the death penalty.
Under Fowler v. United States, 563 U.S. 668 (2011), prosecutors must show a “reasonable likelihood” that, had Birchmore communicated with law enforcement, at least one relevant communication would have gone to a federal officer. The unborn child statute does not require proof that Farwell knew Birchmore was pregnant. DNA testing later showed he was not the father, though prosecutors say both believed he was. Our full explainer on why this is a federal witness case, and what that means at trial, is here.
The cause of death will be fought by experts. The medical examiner who performed the autopsy changed the manner of death from suicide to “undetermined” earlier this year. Prosecutors plan to call Dr. William Smock; the defense plans to call Dr. Thomas Andrew, a former New Hampshire chief medical examiner, who concluded a suicidal hanging could not be ruled out, according to MassLive.
Frequently asked questions
When does the Matthew Farwell trial start?
Jury selection begins Tuesday, October 6, 2026, in federal court in Boston. Opening statements could come as early as Friday, October 9, if a jury is seated by Thursday.
Where is the Farwell trial?
The John Joseph Moakley U.S. Courthouse in Boston, before Chief Judge Denise J. Casper. She denied two defense requests to move the trial out of Massachusetts, most recently on October 1, 2026.
How long will the Farwell trial last?
About 20 court days, according to the schedule Judge Casper described on October 2, 2026.
Can Matthew Farwell get the death penalty?
No. The Justice Department decided not to seek it. A conviction on the witness killing count carries a mandatory life sentence.
What is the dispute over Farwell’s phone?
Whether his 2021 consent let State Police search only his texts with Birchmore or the whole phone for evidence about her death. After the defense argued the consent covered everything, prosecutors re-searched the phone, and MassLive reported they say they found incriminating evidence. The judge has not ruled on what the jury will hear.
Sources: MassLive, October 2 and 3, 2026 (Charlie McKenna; Friday hearing and the government’s Saturday motion, which we have not read); The Enterprise via Yahoo, October 2, 2026 (Amelia Stern; Thursday motion and jury plan); Boston 25 News (venue ruling; jury selection). Fowler v. United States, 563 U.S. 668 (2011), read on CourtListener; 18 U.S.C. § 1841 read at law.cornell.edu. Matthew Farwell is presumed innocent. General information about the law, not legal advice.