Closing arguments in the federal trial of Matthew Farwell are set for Friday, November 6, 2026, starting around 10 a.m. with the prosecution, NBC10 Boston reported. After the lawyers finish, Chief U.S. District Judge Denise Casper will instruct the jury on the law, and the jury will begin deliberating whether the former Stoughton police detective killed Sandra Birchmore.
Farwell, 40, is charged with killing Birchmore, 23, who was about eight weeks pregnant, in her Canton apartment on February 1, 2021, and staging her death as a suicide. Prosecutors allege he did it to keep her from exposing federal crimes, including sexually abusing her when she was 15. He has pleaded not guilty and is presumed innocent. The defense rested Wednesday without Farwell testifying. Our recap of the final day of testimony.
How Friday will work
Federal Rule of Criminal Procedure 29.1, which we read at Cornell’s Legal Information Institute, fixes the order: “the government argues,” then “the defense argues,” and then “the government rebuts.” The prosecution speaks first and last because it carries the burden of proof.
| Step | Time allowed |
|---|---|
| Government closing | 75 minutes |
| Defense closing | 90 minutes |
| Government rebuttal | 15 minutes |
| Judge’s instructions on the law | Then deliberations begin |
NBC10 reported earlier in the week that the government’s 90 minutes would be split 75 and 15 around the defense’s 90, and that the judge will give each side five-minute and two-minute warnings. Closings are argument, not evidence. Jurors decide the case on the testimony and exhibits.
What the jury has to decide
Farwell is not charged with murder under state law. He faces two federal counts in case 1:24-cr-10259-DJC:
- Count One, killing a witness, 18 U.S.C. § 1512(a)(1)(C). The government must prove he killed Birchmore with the intent to prevent a communication to law enforcement about a possible federal offense. The indictment names three: deprivation of rights under color of law, coercion and enticement of a minor, and wire fraud tied to claiming pay for shifts he allegedly spent with her.
- Count Two, under the Unborn Victims of Violence Act, 18 U.S.C. § 1841, alleging that in committing Count One he caused the death of her unborn child.
The “why” is an element, not background. Under Fowler v. United States, 563 U.S. 668 (2011), verified on CourtListener, the government must show “a reasonable likelihood that a relevant communication would have been made to a federal officer,” a likelihood that is “more than remote, outlandish, or simply hypothetical.” Prosecutors have pointed to a January 20, 2021, call to Stoughton police reporting the relationship, 12 days before her death. Why the charge is killing a witness, not murder.
The punishment for a killing under § 1512 is the punishment for federal murder or manslaughter. The government said in a December 2025 filing that the Attorney General directed it not to seek the death penalty, so the maximum is life in prison.
The rules jurors will be given
- Unanimity. Rule 31(a) says, “The verdict must be unanimous.” That applies to a guilty verdict and an acquittal. One juror’s doubt does not acquit; it hangs the jury.
- Count by count. If jurors agree on one count but not the other, Rule 31(b) lets them return a verdict on the count they agree on. On any count where they cannot agree, the judge may declare a mistrial, and “the government may retry any defendant on any count on which the jury could not agree.”
- Farwell’s silence. Under Griffin v. California, 380 U.S. 609 (1965), prosecutors cannot comment on his decision not to testify, and on request the judge must tell jurors not to hold it against him. What the jury will be told about his silence.
- The lost laptop data. The judge denied the defense’s request for an instruction letting jurors infer the lost data would have hurt the government, finding no bad faith, NBC10 reported.
What each side is expected to argue
Based on the openings and testimony reported by NBC10, WCVB and MassLive:
- The government will likely lean on the timeline: video shows Farwell entering Birchmore’s building at 9:14 p.m., her phone stopped moving at 9:40 p.m., and he left three minutes later, NBC10 reported. It has the opinion of its expert, Dr. William Smock, that she was strangled with a duffel bag strap and struggled, and prosecutors’ account that police looked at Farwell’s phone only after he had deleted his texts with her, as NBC10 reported.
- The defense has argued Birchmore took her own life. It has pointed to her mental health history, the search for “what color is the suicide ribbon” on her phone, the medical examiner’s original suicide ruling, and pathologist Dr. Thomas Andrew’s testimony Wednesday that the manner of death was undetermined and the findings favor suicide. Defense attorney Kimberly Stevens told jurors in her opening that Farwell went to the apartment to break up with Birchmore, not kill her, NBC10 reported.
What legal analysts are saying
Two analysts on NBC10 Boston’s “Commonwealth Confidential” said Wednesday night that they did not think the defense had created enough reasonable doubt. Attorney and law professor Margo Lindauer said, “I think there’s too much evidence showing a struggle.” Former prosecutor Margaret McLean called Andrew the defense’s strongest witness and said he “moved the needle on a scale of one to 10 to a three,” but added, “overall it’s a very strong case for the government.” Those are opinions, not evidence, and the jury has not heard them.
How long deliberations could take
There is no deadline. Federal juries deliberate until they reach unanimous verdicts or tell the judge they cannot. Massachusetts saw how that can end in September, when a deadlocked jury in the Lindsay Clancy case led to a mistrial.
Frequently asked questions
When are closing arguments in the Farwell trial?
Friday, November 6, 2026, starting around 10 a.m. at the federal courthouse in Boston, NBC10 Boston reported.
Is Matthew Farwell charged with murder?
Not under state law. He is charged with killing a witness under 18 U.S.C. § 1512 and with causing the death of an unborn child under 18 U.S.C. § 1841.
Does the verdict have to be unanimous?
Yes. Federal Rule of Criminal Procedure 31(a) requires a unanimous verdict to convict or acquit. If jurors cannot agree on a count, the judge may declare a mistrial on it and the government may retry it.
What is the maximum sentence?
Life in prison. The government is not seeking the death penalty.
Did Farwell testify?
No. He told the judge on November 4 that he would not, and the defense rested that afternoon.
Sources: NBC10 Boston, November 4 and 5, 2026 (schedule, case recap, analyst quotes, instruction ruling); WCVB and MassLive trial coverage. Superseding indictment, United States v. Farwell, No. 1:24-cr-10259-DJC (D. Mass.). Federal Rules of Criminal Procedure 29.1 and 31 and 18 U.S.C. § 1512, read at Cornell’s Legal Information Institute. Fowler v. United States, 563 U.S. 668 (2011), and Griffin v. California, 380 U.S. 609 (1965), verified on CourtListener. General information, not legal advice.