The jury in the federal trial of former Stoughton police detective Matthew Farwell deliberated for about three hours on Friday, November 6, 2026, without reaching a verdict. Around 5 p.m., the jurors asked for more time and went home for the weekend about half an hour later, CBS News Boston reported. Boston.com also reported that the jury chose to come back Monday. Deliberations resume at 9 a.m. Monday, November 9, WBUR and 7News reported.
Farwell, 40, is charged with killing Sandra Birchmore, 23, who was pregnant, in her Canton apartment on February 1, 2021, and with staging her death to look like a suicide. He has pleaded not guilty and is presumed innocent. This article covers what the twelve jurors must decide, what can happen once they do or cannot, how they were picked, and how serving on a federal jury in Massachusetts differs from state jury duty.
What to expect Monday
- 9 a.m. start. The twelve jurors pick up where they left off in the federal courthouse in Boston, WBUR and 7News reported. As of Friday they had deliberated a little more than three hours, the Associated Press reported.
- A lot of material. The nearly monthlong trial had about 50 witnesses and 500 exhibits, according to the AP. Jurors working through that record can take time, and Friday’s request for more time, reported by CBS News Boston, does not by itself show which way jurors are leaning.
- Notes, not leaks. If jurors want testimony reread or an instruction explained, they send a note to the judge. Judge Casper told them not to tell anyone, including her, how they stand numerically until they reach a verdict, so a note should not reveal a vote count.
- How a verdict is announced. Under Federal Rule of Criminal Procedure 31(a), which we read at Cornell’s Legal Information Institute, the jury “must return its verdict to a judge in open court,” and the verdict “must be unanimous.” Under Rule 31(d), after a verdict is returned and before the jury is discharged, the court “must on a party’s request, or may on its own, poll the jurors individually.” If the poll shows a juror does not agree, the judge “may direct the jury to deliberate further or may declare a mistrial.”
- No deadline. Nothing requires a verdict Monday. If there is none by the end of Monday’s session, deliberations would continue on a later day.
We will update this article and our closing arguments report when the jury reaches a verdict or reports a deadlock.
Who is deliberating
On October 9, a jury of 10 men and six women was sworn in, WJAR (Turn to 10) and CBS News Boston reported. Sixteen people heard the evidence because the court seated four extra jurors, and the four alternates were chosen at random at the end of the trial, CBS reported. The twelve now deliberating are eight men and four women. The four alternates are two men and two women.
No outlet has reported whether Chief U.S. District Judge Denise Casper sent the alternates home or kept them available. Federal Rule of Criminal Procedure 24(c)(3), which we read at Cornell’s Legal Information Institute, allows either. If the judge keeps them, she “must ensure that a retained alternate does not discuss the case with anyone.” And if an alternate takes a juror’s seat after deliberations have started, “the court must instruct the jury to begin its deliberations anew.”
The jurors have not been publicly named, and we do not name jurors.
What Judge Casper told them
According to CBS News Boston, the judge gave these instructions:
- Foreperson. The jurors choose their own foreperson, who presides over deliberations and speaks for the jury in court.
- Unanimity. The verdict must be unanimous. Jurors can change their minds until then. The judge said reaching a verdict matters, but only if jurors can do so without giving up an honest conviction.
- Secrecy. “Remember you are not to tell anyone, and that includes me, how the jury stands numerically or otherwise” until a verdict is returned, the judge said.
- The burden. Before closings, she told jurors that if they have a reasonable doubt, “it is your duty to acquit him of that crime,” and if they are convinced of his guilt beyond a reasonable doubt, “you should vote to convict him.”
What they must decide
Farwell faces two federal counts, not a state murder charge:
- Count One. Killing a witness, 18 U.S.C. § 1512(a)(1)(C). The government must prove that he killed Birchmore and that he did it to prevent her from communicating information about a possible federal crime to law enforcement. Prosecutors told the jury that the crimes he wanted to hide were coercion and enticement of a minor, deprivation of rights under color of law, and wire fraud for having sex with her while on duty.
- Count Two. Under the Unborn Victims of Violence Act, 18 U.S.C. § 1841, the indictment charges that in committing Count One he caused the death of her unborn child.
The motive is an element of the crime. The defense told jurors that “the government must prove more,” because the killing must have been meant to block a communication to a federal law enforcement officer, CBS reported. Our explainer on the elements, including the Supreme Court’s “reasonable likelihood” test, and our recap of each side’s closing have more.
What can happen next
| Outcome | What it means |
|---|---|
| Questions to the judge | Jurors communicate with the court by written note. They might ask to rehear testimony or have an instruction explained. The judge told jurors not to reveal how they stand numerically, even to her. |
| Not guilty on both counts | The case is over. The government cannot appeal an acquittal or retry Farwell on these charges. |
| Guilty on one or both counts | The judge sets a sentencing date. Under Rule 29(c), the defense has 14 days to ask the judge to enter an acquittal anyway, and under Rule 33, 14 days to move for a new trial. After sentencing, Farwell could appeal to the First Circuit. |
| Split verdict | Under Rule 31(b), a jury that agrees on one count but not the other can return a verdict on the count it agrees on. |
| Deadlock | If jurors report they cannot agree, the judge can tell them to keep working. She can also give a supplemental instruction that urges them to reconsider without giving up honest convictions. |
| Hung jury and mistrial | If they still cannot agree, the judge can declare a mistrial. Rule 26.3 requires her first to let each side comment, consent or object, and suggest alternatives. The government could then try the case again. |
The “Allen charge,” or “dynamite charge.” The deadlock instruction, which Cornell’s Legal Information Institute notes is also called a dynamite, nitroglycerin, shotgun or third-degree charge, takes its name from Allen v. United States, 164 U.S. 492 (1896), which we verified and read on CourtListener. There, the Supreme Court approved telling jurors that “the verdict must be the verdict of each individual juror, and not a mere acquiescence in the conclusion of his fellows,” but that they “should listen, with a disposition to be convinced, to each other’s arguments.” Casper’s opening instruction already sounded that theme: work toward a verdict, but not at the cost of an honest conviction.
Retrial after a hung jury. In Richardson v. United States, 468 U.S. 317 (1984), also verified, the Court held “that the failure of the jury to reach a verdict is not an event which terminates jeopardy.” A mistrial on a hung jury therefore does not bar a second trial under the Double Jeopardy Clause.
Hung jury vs. mistrial: what is the difference
The two terms are often used as if they mean the same thing, but they describe different steps.
- A hung jury is “a jury that is unable to reach a verdict by the required voting margin,” in the words of Cornell’s Legal Information Institute. In a federal criminal case, the required margin is all twelve.
- A mistrial is the judge’s order ending the trial without a decision. A hung jury is one reason for a mistrial. Others include serious misconduct or prejudicial evidence that makes a fair verdict impossible, according to the same source.
A hung jury leads to a mistrial only when the judge declares one. Until then, the judge can send the jury back to keep working, as the judge in the Karen Read trial did in 2024.
What happens after a hung jury
After a mistrial for a hung jury, it is up to the prosecution to decide whether to retry the case or drop the charges. Under Richardson, double jeopardy does not stand in the way. In a federal case, the U.S. Attorney’s Office would make that call, and the judge would set a new trial date with a new jury drawn from the same pool. The defense can also renew its motion for a judgment of acquittal: Rule 29(c)(2) says that “if the jury has failed to return a verdict, the court may enter a judgment of acquittal.” Judge Casper already denied Farwell’s renewed acquittal motion before closings, our earlier reporting noted.
Two recent Massachusetts deadlocks
Massachusetts has seen two high-profile hung juries in state court in the past three years. Both happened under different rules than the federal court where Farwell is on trial.
Karen Read, 2024. The jury in Norfolk Superior Court began deliberating at midday June 25, 2024, and told the judge on a Friday and twice more the following Monday that it could not agree, CNN reported. Judge Beverly Cannone gave what Massachusetts courts call the Tuey-Rodriquez charge, the state’s version of the dynamite charge, and declared a mistrial on July 1, 2024, after the jurors wrote that they were “deeply divided by fundamental differences in our opinions and state of mind,” CNN reported. Norfolk District Attorney Michael Morrissey said after the mistrial that the Commonwealth intended to retry the case, according to CNN.
Lindsay Clancy, 2026. Clancy’s first trial in Plymouth Superior Court ended in a mistrial on September 4, 2026, with the jury split 11 to 1 for a verdict of not guilty by reason of lack of criminal responsibility, as we have reported. Her lawyer argues a second trial would violate double jeopardy, and Judge William Sullivan has said he will announce on November 16 whether the motion to dismiss is allowed. Clancy has pleaded not guilty and is presumed innocent. Our report on the Clancy hearing and the judge’s ruling relying on the Karen Read decision have the details.
The state charge comes from Commonwealth v. Tuey, 62 Mass. 1 (1851), as revised in Commonwealth v. Rodriquez, 364 Mass. 87 (1973), both verified on CourtListener. In Rodriquez, the Supreme Judicial Court said “certain emendations of the Tuey charge are desirable,” noting that the old version asked the minority to reconsider but “does not invite the majority members to reciprocate toward the minority.” Federal courts may use Allen charges, according to the Legal Information Institute, which notes that many states do not allow them.
How long can jury deliberations last?
No federal rule sets a time limit. The Farwell jury has deliberated about three hours, after a trial with 50 witnesses and 17 days of testimony. The Read jury deliberated parts of five court days before the 2024 mistrial. The length of deliberations, standing alone, does not show which way a jury is leaning, and Judge Casper told these jurors not to tell anyone, including her, how they stand.
Deliberations this week are scheduled from 9 a.m. to 4 p.m. each day, as we reported Friday.
An eleven-person verdict. If a juror has to leave during deliberations, Rule 23(b)(3) lets the court “permit a jury of 11 persons to return a verdict, even without a stipulation by the parties, if the court finds good cause to excuse a juror.” The other options are to seat a retained alternate and start over, or, if both sides agree, to proceed with fewer jurors.
The maximum penalty on the witness-killing count is life in prison. The government said in a December 2025 filing that it would not seek the death penalty.
How this jury was picked
Jury selection began October 6 and took four days. Boston.com reported that Judge Casper and the lawyers worked to narrow “a pool of some 400 potential jurors down to a group of 16,” and that she questioned prospective jurors about their families, work and media consumption. WJAR reported that more than 50 prospective jurors from across eastern Massachusetts, including Bristol County, were questioned on October 8. Casper asked whether they had seen coverage of the case and could set it aside, whether they knew someone who had attempted suicide, and whether they had good or bad experiences with police. Some potential jurors also discussed the Karen Read trial, WJAR reported. Forty remained at the end of that day. On the morning of October 9, each side used its peremptory strikes.
That questioning is called voir dire, which Cornell’s Legal Information Institute describes as French for “to speak the truth”: the process through which potential jurors are questioned “to determine their suitability for jury service.” The rules come from Rule 24. The judge “may examine prospective jurors or may permit the attorneys for the parties to do so.” Jurors who cannot be impartial are removed for cause. Peremptory strikes need no stated reason, but the Supreme Court has barred strikes based on race, in Batson v. Kentucky, 476 U.S. 79 (1986), and on sex, in J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994), both verified on CourtListener. In a felony case where the death penalty is not sought, “the government has 6 peremptory challenges and the defendant or defendants jointly have 10.” Seating three or four alternates gives each side two more strikes, usable only on alternates.
Where federal jurors come from
The Jury Selection and Service Act declares that federal litigants have the right to juries “selected at random from a fair cross section of the community in the district or division wherein the court convenes,” under 28 U.S.C. § 1861. We read the act at govinfo.gov. Massachusetts has a special arrangement: the Plan for Random Selection of Jurors used by the U.S. District Court here, effective December 1, 2022, draws names at random from the same municipal resident lists that cities and towns give the state’s Office of Jury Commissioner.
The plan splits the state into three divisions. The Eastern Division, which serves the Moakley courthouse in Boston, covers Essex, Middlesex, Suffolk, Norfolk, Bristol, Plymouth, Barnstable, Dukes and Nantucket counties. That is why a Boston federal jury can include people from New Bedford and Cape Cod. In a state trial in Norfolk County, the jury pool would come from the county’s own judicial district.
Federal versus state jury duty in Massachusetts
| Federal (U.S. District Court) | State (Massachusetts courts) | |
|---|---|---|
| Who qualifies | A U.S. citizen, 18 or older, who has lived in the district for one year, can read, write and speak English, and has no pending felony charge or felony conviction without restored civil rights (28 U.S.C. § 1865) | A U.S. citizen who is a resident of the judicial district, or lives there more than half the time, whether or not registered to vote (G.L. c. 234A, § 4). A felony conviction disqualifies for seven years. |
| Age 70+ | Excused on request with “a showing of physical infirmity, travel difficulties, undue hardship, or extreme inconvenience” (District plan) | May opt out on the summons response (c. 234A, § 4) |
| Police, firefighters, officials | Barred as exempt when on active duty, along with active military and active public officers (28 U.S.C. § 1863(b)(6)) | No exemptions. The state says “No one is exempt from jury duty,” judges included |
| Recent service | Excused on request if you served at least 5 days on a state jury, or on any federal jury, within the last 3 years (District plan) | Random draw; you can be summoned again |
| How long | As long as the trial lasts | “One Day or One Trial” |
| Pay | $50 a day from the court; after 10 days on one trial, the judge may add up to $10 a day (28 U.S.C. § 1871) | Your employer pays regular wages for the first three days (c. 234A, § 48), then the state pays $50 a day (§ 51) |
| Job protection | “No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee” over federal jury service (28 U.S.C. § 1875) | An employer who penalizes a juror commits a crime punishable by a fine of up to $5,000 and can be sued (c. 234A, § 61) |
| Strikes in a life-felony case | Government 6, defense 10 (Rule 24(b)) | Each defendant gets 12 when the crime is punishable by life (Mass. R. Crim. P. 20(c)) |
The federal pay rule matters in a trial this long. Testimony alone ran 17 days, so a Farwell juror would have passed the 10-day mark, and the judge may pay the higher daily rate from then on. Our Massachusetts jury duty guide covers state summonses, postponements and excuses.
Federal jury summons scams
The federal judiciary warns that people are being targeted by calls, emails and messages “threatening them with prosecution for failing to comply with jury service,” often demanding confidential information. According to uscourts.gov:
- “Federal courts do not require anyone to provide any sensitive information in a telephone call or email.”
- “Most contact between a federal court and a prospective juror will be through the U.S. mail.”
- Anyone who gets such a call or email should not provide the information and should notify the clerk’s office of the local U.S. District Court. Scams can also be reported to the Federal Trade Commission.
Frequently asked questions
When does the Farwell jury resume deliberations?
At 9 a.m. Monday, November 9, 2026, after about three hours of deliberations on Friday, according to WBUR, 7News and CBS News Boston.
What happens if the Farwell jury cannot agree?
The judge can ask them to keep deliberating and can give a supplemental instruction. If they remain deadlocked, she can declare a mistrial after hearing from both sides under Rule 26.3, and the government could retry the case under Richardson v. United States.
How many jurors are deciding the Farwell case?
Twelve, eight men and four women, chosen from 16 who heard the evidence. Four alternates, two men and two women, were selected at random at the end of the trial, CBS News Boston reported.
Is federal jury duty longer than state jury duty in Massachusetts?
Usually. Massachusetts state courts use a One Day or One Trial system. Federal jurors serve for as long as their trial lasts and are paid $50 a day by the court, with a possible extra $10 a day after 10 days on one trial.
Do Massachusetts employers have to pay for jury duty?
For state jury service, G.L. c. 234A, § 48 requires employers to pay regular wages for the first three days. For federal service, 28 U.S.C. § 1875 protects a juror’s job; that section does not require the employer to keep paying wages.
What is the difference between a hung jury and a mistrial?
A hung jury is a jury that cannot reach a unanimous verdict. A mistrial is the judge’s order ending the trial without a verdict. A hung jury is one common reason for a mistrial, but a judge can also declare a mistrial for misconduct or other serious errors.
Can someone be retried after a hung jury?
Yes. The Supreme Court held in Richardson v. United States, 468 U.S. 317 (1984), that a hung jury does not end jeopardy, so the prosecution may try the case again.
What does a jury foreperson do?
The foreperson presides over deliberations and speaks for the jury in court, Judge Casper told the Farwell jurors. The jurors choose the foreperson themselves.
What does an alternate juror do?
Alternates hear the whole trial so they can replace a juror who becomes unable to serve. In federal court, Rule 24(c) allows up to six. If one replaces a juror after deliberations start, the jury must begin deliberating again from the start.
What disqualifies you from jury duty in Massachusetts?
Under G.L. c. 234A, § 4, you are disqualified from state jury service if you are under 18, cannot speak and understand English, have a disability documented by a physician that prevents service, are the sole caregiver of a permanently disabled household member, will be outside the district for the following year, or have been convicted of a felony within the past seven years or have a pending felony case. People 70 or older may opt out.
Do you get paid for jury duty in Massachusetts?
In state court, your employer pays your regular wages for the first three days, and the state pays $50 a day starting on day four. In federal court, the court pays $50 a day.
How long can jury deliberations last?
There is no set limit. Deliberations continue until the jury reaches a unanimous verdict or the judge declares a mistrial because the jury cannot agree.
Sources: Associated Press, November 6, 2026; CBS News Boston live updates and Boston.com, November 6, 2026; WBUR and 7News, November 6 and 7, 2026; WJAR (Turn to 10), October 8 and 9, 2026; Boston.com, October 8, 2026. Federal Rules of Criminal Procedure 23, 24, 26.3, 29, 31 and 33, read at Cornell’s Legal Information Institute; 28 U.S.C. §§ 1861, 1863, 1865, 1871 and 1875, read at govinfo.gov and Cornell; U.S. District Court for the District of Massachusetts, Plan for Random Selection of Jurors (effective December 1, 2022); G.L. c. 234A, §§ 4, 48, 51 and 61, read at malegislature.gov; Mass. R. Crim. P. 20, read at mass.gov; Office of Jury Commissioner, mass.gov. Allen v. United States, 164 U.S. 492 (1896), Richardson v. United States, 468 U.S. 317 (1984), Batson v. Kentucky, 476 U.S. 79 (1986), J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994), Commonwealth v. Tuey, 62 Mass. 1 (1851), and Commonwealth v. Rodriquez, 364 Mass. 87 (1973), verified on CourtListener. CNN, July 1, 2024 (Karen Read mistrial); Cornell Legal Information Institute, Wex definitions of hung jury, mistrial, Allen charge and voir dire; uscourts.gov, Juror Scams. General information, not legal advice.