Matthew Farwell trial jury begins deliberations after closing arguments in Sandra Birchmore case

The jury asked the judge for more time to deliberate at about 5:00 p.m. on Friday. About 30 minutes later, the jury went home for the weekend. 

The jury deliberated for about three hours. They will resume on Monday morning. 

The jury was sent out for deliberations at 2:14 p.m.

The jury of 16 was narrowed to 12 deliberating jurors, eight men and four women. The alternates are two men and two young women. 

Judge Denise Casper told jurors that they will select their own foreperson to preside over deliberations and speak for the jury in court.

The verdict must be unanimous, she said, but told jurors it's OK to change their mind before then. She said it's important to return a verdict, but only if they can do so without surrendering an honest conviction. 

"Remember you are not to tell anyone, and that includes me, how the jury stands numerically or otherwise" until after a verdict is rendered, the judge said.

Assistant U.S. attorney Liz Riley gave the rebuttal for the prosecution. She said Birchmore would pick up her phone if she was at "rock bottom."

Riley repeated "facts matter" during her rebuttal. 

"You all probably feel like you know Sandra Birchmore at this point. If she had a hangnail, she told people. If she was hungry, she told people," Riley said. "And yet the defense would have you believe ... that she reached out to nobody."

Riley said there "is nothing undetermined about this case" and "the medical evidence overwhelmingly supports homicide.

"You know beyond any reasonable doubt that the defendant murdered Sandra, that he struggled with her, he staged her," Riley said. 

The judge cut off the rebuttal after 15 minutes and explained to the jury that she was adhering to the time limit.

Defense attorney Stevens finished her closing argument by telling jurors the last time the phone moved is not the exact moment Birchmore died.

"When all is lost and all hope is gone and you're alone in the world, are you going to pick the phone up? Or did she sit down and take that strap and sit down as she knew how to do and make the pain stop?" Stevens asked.

She showed a house of cards tumbling on the screen, saying that Birchmore's fantasy about a life with Farwell would never come true.

"Matt did not kill Sandra," Stevens said. "You will call up these exhibits and you will examine what's in Ms. Birchmore's head ... ending her life at the moment Matt broke up with her ... and return a verdict of not guilty because he is not guilty."

The prosecution argued in its closing statement that Farwell was planning an unexpected visit to Birchmore's apartment on Feb. 1 so he could kill her, but the defense painted a different picture.

Defense attorney Stevens said Birchmore texted Farwell early that morning that she is "kinda stressed out and freaking out" and asked him to visit. 

"It's a struggle. I wish you were here with me," Birchmore texted. 

The defense said there were repeated texts asking him to visit. During that time she also searched, "what color is the suicide ribbon?"

Defense attorney Stevens said "the government most prove more" when it comes to the federal charge of killing a witness or victim. She noted that the the killing must be prevent communication of a crime to a federal law enforcement officer.

Stevens said Birchmore refused to report her relationship with Farwell to law enforcement.

"She said, 'I don't want my sex life put on trial,'" Stevens said. "And what did we witness in this courtroom for the last three weeks?"

Defense attorney Stevens then took aim at Dr. William Smock, a strangulation expert for the prosecution who told jurors that Birchmore's death was a homicide. 

Stevens said Smock never performed an autopsy and wasn't board eligible. 

"He's not trained or qualified to look at postmortem changes in a body," Stevens said. 

To make her points about how Birchmore fractured a bone in her neck, Stevens showed pictures of jars that stored Birchmore's tissue.

"I am sorry that we had to show you and teach you things like this," Stevens said.

Stevens showed jurors a screen titled "reasonable doubt" and reminded them they have a duty to acquit Farwell if it exists.

She said there's no evidence that Farwell ever had a key to Birchmore's apartment. She also said seated hangings "are not nearly as rare as the government would have you believe."

Stevens defended the medical examiner's initial determination of suicide, saying it took three months.

"That was a thorough investigation," she said.

Defense attorney Stevens is theatrical in her presentation, a contrast to the subdued prosecutor, WBZ-TV's Kristina Rex notes.

Stevens said that in Birchmore's first week of pregnancy, she shared the news with more than 80 people, some of whom she barely knew.

"It's a cry for attention, it's a cry for help," Stevens said. 

Her emotions varied, with Birchmore texting Farwell "Thank you for ruining my pregnancy" and saying "I should be excited but I'm not, I don't even want to do [an ultrasound]." She also said she didn't want to go to any more doctors appointments because "it's not beautiful or enjoyable."

"Ms. Birchmore built a fantasy world around the idea - and you heard it from Billy Farwell - that she would be married to Matthew and have his kids," Stevens said. "Billy said, 'that's not a good idea, that's never going to happen.'"

Kimberly Stevens is giving the closing argument for Matthew Farwell's defense. She started by reminding jurors about Birchmore's mental health struggles over the year, which included self-harm and suicidal threats.

She said that when Birchmore found out that Farwell's wife was pregnant again in October of 2020, she texted "I feel like I just don't have a reason to be here or around anyone anymore."

"And I guess I'm damaged in ways that are not fixable," Birchmore texted. 

Stevens said Birchmore was telling her therapist that she had missed out on family gatherings and spent Christmas alone. Rent was due and she had less than $3 in her bank account.

"That's hard," Stevens said.

Prosecutor Brian Fogerty finished his closing statement by acknowledging that Birchmore had mental health struggles, but said she had been through darker times before and lived.

He reminded jurors about Birchmore's excitement to become a mother, her phone use and propensity for sharing information.

"There was no note, no letter to friends, no calls, no texts to friends, not even a message to Matthew Farwell," he said.

Fogerty said Farwell knew Birchmore was a "loose cannon."

"He went to clean up the mess he had created years earlier ... clean up the mess by taking Sandra's life," Fogerty said, before asking jurors to find Farwell guilty.

There will be a 20-minute break before the defense delivers its closing argument.

Prosecutor Fogerty explained to the jury that the charge of killing of a victim or witness means a murder was committed with the intent to prevent communication of a federal offense. Prosecutors allege that the federal crime Birchmore was going to expose Farwell for had to do with underage sex and sex while on duty as a police officer.

"Sandra knew she was a victim. She didn't call it coercion or enticement - she didn't have to," Fogerty said.

Had Farwell not acted, there was a reasonable belief that Birchmore would have communicated with federal law enforcement, Fogerty said. 

Prosecutor Fogerty told jurors "there were signs of a struggle" at the scene, and showed a picture of Birchmore's body. Her flip-flops were upside down, her glasses were several feet away and her phone was on the floor just out of reach.

"When you think about whether Sandra would've ultimately fought back, you should also think of the experiences she had with the defendant," Fogerty said, noting that they had a history of talking about choking and strangulation during sex.

The prosecutor said physical evidence suggested that Birchmore was grabbing at the strap around her neck. He also said expert witnesses testified that they've never seen a young person suffer a broken hyoid bone during a seated hanging. 

"You know thyroid fractures are much more common in cases of strangulation," Fogerty said.

Prosecutor Fogerty next showed jurors a slide saying that the team investigating Birchmore's death "takes the bait" and believed she was "just a troubled girl who killed herself."

He said a Massachusetts State Police trooper was told by Birchmore's coworkers that she was in a "torturous relationship" with Farwell and that she was pregnant. Forgerty said there was a quick, unrecorded interview with Farwell in a parking lot, but did it not change things.

Sgt. John Fanning said that he wanted to close out the case and "he needed this like he needed a f---ing bullet in the head," Fogerty told jurors. 

Prosecutor Brian Fogerty then showed jurors a slide titled "The Murder." He said he showed up to her apartment unexpectedly and she replied "door's open."

"That's the last text message that Sandra Birchmore ever sent to anyone, a text welcoming the defendant into her home," Fogerty said.

Farwell entered her building in a face mask, even though he never wore them, Fogerty said. He said Birchmore was always on her phone, but there was no activity on it for 20 minutes while Farwell was there until the power button was pressed briefly.

"No one hears from Sandra Birchmore ever again," Fogerty said.

Prosecutor Brian Fogerty said Farwell came up with plan to kill Birchmore after her friend called police about their relationship.

"This is the premeditation to the murder that would follow," Fogerty said, showing jurors a slide titled "The Plan."

He said that as of Jan. 23, 2021, Farwell suddenly became "kind and accommodating" to "lull her into thinking that everything is going to be fine." Farwell asked for a key to her Canton apartment, something he had resisted before, and Birchmore got him one.

She was heartened by his change in attitude, but "recognized something was a little off" and told friends that Farwell had inspected her closet and bathroom, Fogerty said.

Farwell laid the groundwork for the Feb. 1 visit to her apartment, Fogerty said.

"He knew ahead of time that Sandra would be home because of the impending snowstorm," Fogerty said. "He kept her guessing about whether he would show up."

Prosecutor Brian Fogerty said that Farwell was in control for most of their relationship, keeping tabs on her physical location and instructing her to destroy their text messages. But that changed when Birchmore found out in October 2020 that Farwell was about to have his third child. 

"Sandra, more than anything else, wanted to be a mother," Fogerty said. "She thought it was her time."

Birchmore gave Farwell a choice to "impregnate her or she was telling people about their relationship," Fogerty said. He said Farwell begrudgingly went along with the plan in order to keep their affair secret.

Birchmore got pregnant in Deceber 2020. She told Farwell he was the father and demanded that he take an active role in the baby's life. Farwell responded by telling her, "you are truly the worst person on the face of the earth," Fogerty said.

That led to a change in Farwell's behavior, with Farwell getting more physical to the point that it scared Birchmore, Fogerty said. 

"Things were going poorly for the defendant in late December 2020," Fogerty said.

Prosecutor Brian Fogerty showed jurors a photo of Birchmore in the Stoughton police youth explorers program where she was clearly much smaller than the other kids.

"You've heard from witnesses who told you Sandra was a little bit different," Fogerty said, noting that she idolized police officers.

He said Farwell was 26 years old when he met the 13-year-old Birchmore.

"That's when we began pushing the boundaries in order to entice her to have sex with him," Fogerty said. 

Fogerty said the process unfolded in stages, with Farwell sending her a Facebook friend request and posing as her tutor so they could have private time together. 

"What began as an internet friend request from the defendant to a child… evolved ultimately into the defendant putting his fingers inside Sandra Birchmore when she was a child… and full sexual intercourse," Fogerty said.  

Assistant U.S. attorney Brian Fogerty is delivering the closing argument for the prosecution.

"When the defendant went to Sandra Birchmore's apartment on February 1st of 2021, on the eve of his wife's planned C section, in whiteout snow conditions, he was there to save himself. Not to end things with Sandra Birchmore, but to end her, and to end any possibility that she would expose him," Fogerty said.

He said Farwell had groomed her since she was a child and had a sexual relationship with her for eight years. He described Birchmore as an over-sharer who wanted a baby and "had evidence of the defendant's crimes."

"She could tell anyone, including law enforcement," Fogerty said. "Keeping Sandra around was very risky."

Farwell no longer wanted to take that risk, Fogerty said.

When Birchmore's friend called Stoughton police to report their relationship in January of 2021, it "blew up any illusion he had about keeping a lid on his crimes," Fogerty said. Farwell told a colleague he had to "put crazy back in the bag."

"In other words, he had to kill Sandra Birchmore," Fogerty said.

Judge Denise Casper is giving instructions to the jury before closing arguments begin. She said Farwell is presumed to be innocent.

If jurors have reasonable doubt about the allegations, "it is your duty to acquit him of that crime," Casper said. If they are convinced of his guilt beyond a reasonable doubt, "you should vote to convict him," she said.

At the courthouse for closings in US v. Matthew Farwell. 

Here to watch closings: U.S. Attorney Leah Foley, former U.S. Attorney Josh Levy, currently on leave Stoughton Police Chief Donna McNamara, FBI Agent Heidi Kelsch, and more.  

I also see FBI Special Agent in Charge Ted Docks, the FBI spokesperson, several regular courtgoers who are a part of the "justice for Sandra" community, Sandra's cousin Barbara.  

Closing arguments in the Matthew Farwell trial are expected to start at 10 a.m.

The prosecution is expected to have 1 hour and 15 minutes to make their argument, and then the defense will get an hour and 30 minutes to respond.

After that, the prosecution will be back up for a 15-minute rebuttal. 

Farwell faces federal charges of killing a witness or victim and causing the death of an unborn child. He has pleaded not guilty.

The government could have pursued the death penalty against Farwell, but decided last year it would not. If convicted, Farwell faces a mandatory sentence of life in prison without the possibility of parole.

Testimony ended on Wednesday after jurors heard from 50 witnesses in the case. Before the defense rested, Farwell confirmed to the judge that he made the decision not to testify in his own defense.

There was no court on Thursday. Earlier in the week, the defense called expert witnesses to raise doubt about how Birchmore died, testifying that injuries to a bone on her neck could have been caused in a suicide by hanging and not strangulation as prosecution witnesses alleged.

There are 10 men and six women on the jury. 

Four will be randomly selected as alternates, and the remaining 12 will deliberate until they reach a verdict.