No dynamite charge yet. The jury in the Matthew Farwell trial went back to work Tuesday morning, November 10, 2026, without the special instruction that judges often give a deadlocked jury, the day after jurors told Chief U.S. District Judge Denise Casper they were stuck.
Casper addressed the jury at the start of the day in response to the notes it sent Monday, NBC10 Boston reported. She told jurors to take the time they need, explained that the courthouse cannot stay open past 6 p.m., and said they are free to return day to day to complete their duty, according to NBC10. Then she sent them back to deliberate. Boston 25 News reported jurors were heading back into the deliberation room shortly after 9 a.m.
Farwell, 40, a former Stoughton police detective, is charged with killing Sandra Birchmore, 23, who was pregnant, and her unborn child in Canton in February 2021. He has pleaded not guilty and is presumed innocent.
What happened Tuesday morning
- No new legal instruction reported. Neither NBC10 nor Boston 25 reported an Allen charge, the supplemental instruction that urges deadlocked jurors to reconsider. NBC10 said that if Tuesday’s approach does not work, Casper could take additional steps.
- No deadline. Casper’s message, as NBC10 described it, was that jurors have the time they need and can keep returning day to day. The only limit she mentioned was the building’s 6 p.m. closing.
- The third try. Boston 25’s Ryan Breslin noted this is the third time jurors have entered the deliberation room to try to reach a verdict: Friday afternoon, all day Monday, and now Tuesday.
- Time so far. The jury of eight men and four women had deliberated about 10½ hours before Tuesday, Boston 25 reported.
Casper did what she said she would
This is the course Casper laid out Monday. After the deadlock note, she told the lawyers she was inclined to have jurors resume deliberations and “see what the day brings,” rather than immediately give them additional instructions, Boston 25 reported. Boston.com quoted her saying, about the length of deliberations, “I don’t think it’s been so long in my estimation.” We covered those remarks in our look at what the judge was likely to do.
Boston 25 also reported that Casper said her Monday message to jurors, telling them to return “for further proceedings,” would cover the possibility of giving them instructions Tuesday. The defense had asked for an 8:30 a.m. meeting on further instructions, NBC10 reported Monday. No outlet has reported what was said at that meeting or what instruction the defense requested.
Is an Allen charge still coming?
NBC10 Boston chief legal analyst Michael Coyne told the station it is not a question of if the judge will give the supplemental instruction, but when, according to NBC10. He did not expect it first thing Tuesday morning, NBC10 reported. Former Massachusetts Attorney General Martha Coakley told WCVB on Monday that she expected the judge would most likely give one.
Those are predictions. What the law requires is fixed. In federal court in Massachusetts, the First Circuit requires any instruction urging a deadlocked jury to keep going to tell both the majority and the minority to reexamine their positions, to acknowledge that the jury has the right not to agree, and to remind jurors that the government carries the burden of proof beyond a reasonable doubt. Our dynamite charge explainer walks through those rules and the cases behind them.
NBC10 noted that in Massachusetts state courts, the equivalent instruction is called a Tuey-Rodriquez charge. That was the instruction used before the first Karen Read trial ended in a mistrial. Farwell’s case is in federal court, so the Allen charge rules apply.
Why this jury may be struggling
Coyne pointed out that this is not a traditional murder trial, NBC10 reported. Jurors who do not believe Birchmore died by suicide still have to decide more than whether Farwell killed her. They must also decide whether he did it to stop her from reporting his crimes to law enforcement, according to Coyne.
That tracks the indictment. Count One charges killing a witness or victim under 18 U.S.C. § 1512(a)(1)(C), which requires an intent to prevent communication with law enforcement. Count Two, under the Unborn Victims of Violence Act, 18 U.S.C. § 1841, depends on the first. We explained both in what the jury must decide. Because there are two counts, the jury could also return a partial verdict under Federal Rule of Criminal Procedure 31(b) on any count it agrees on.
We do not know how the jury is split or on which question. Casper instructed jurors Friday not to tell anyone, including her, how they stand numerically, CBS News Boston reported.
What to watch for today
| If this happens | It likely means |
|---|---|
| A note with a question about evidence or law | Jurors are still working through the case. |
| A second deadlock note | An Allen charge becomes more likely. Coyne expects one, NBC10 reported. |
| A note saying they agree on one count | A partial verdict under Rule 31(b) is possible. |
| Deadlock after an Allen charge | Casper could declare a mistrial after hearing from both sides under Rule 26.3. A hung jury does not bar a retrial. |
| A verdict | WCVB reported the U.S. Attorney’s Office plans a news conference 30 minutes after any verdict. |
We will update this story as notes and rulings come in.
Frequently asked questions
Did the Farwell judge give an Allen charge?
Not as of Tuesday morning. Judge Casper told jurors to take the time they need and sent them back to deliberate, NBC10 Boston reported.
Is the Farwell jury still deadlocked?
Jurors said Monday they were in a deadlock that did not look like it would change soon. They resumed deliberating Tuesday. No verdict or mistrial has been announced.
How long has the Farwell jury deliberated?
About 10½ hours before Tuesday, according to Boston 25 News.
What is a Tuey-Rodriquez charge?
The Massachusetts state court version of the instruction given to a deadlocked jury. In federal court the equivalent is called an Allen charge.
Can the Farwell jury go past 6 p.m.?
No. Casper told jurors the courthouse cannot stay open past 6 p.m., but they can return day to day, NBC10 reported.
Sources: NBC10 Boston and Boston 25 News, November 10, 2026; Boston 25 News, Boston.com and WCVB, November 9, 2026; CBS News Boston, November 6, 2026. The indictment as described in our earlier coverage. Federal Rules of Criminal Procedure 26.3 and 31, read at Cornell’s Legal Information Institute. General information, not legal advice.