MA - Sandra Birchmore, Stoughton, 4 Feb 2021 *former police officer arrested*

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United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:24-cr-10259-DJC-1​


Case title: USA v. Farwell

Date Filed: 08/27/2024

Assigned to: Judge Denise J. Casper
Referred to: Magistrate Judge M. Page Kelley
Defendant (1)
Matthew Farwell
Pending Counts
18:1512(a)(1)(C) - KILLING A WITNESS OR VICTIM
(1)

Date Filed#Docket Text
08/27/2024
1
SEALED INDICTMENT as to Matthew Farwell (1) count(s) 1. (Attachments: # 1 JS45)(Alves-Baptista, Antonia) (Entered: 08/27/2024)
08/27/2024
2
MOTION to Seal Case as to Matthew Farwell by USA. (Alves-Baptista, Antonia) (Entered: 08/27/2024)
08/27/2024
3​
Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 2 Motion to Seal Case as to Matthew Farwell (1) (Alves-Baptista, Antonia) (Entered: 08/27/2024)
08/27/2024
4
Arrest Warrant Issued by Magistrate Judge Donald L. Cabell as to Matthew Farwell. (Alves-Baptista, Antonia) (Entered: 08/27/2024)
08/27/2024
5​
ELECTRONIC NOTICE of Case Assignment as to Matthew Farwell; Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Alves-Baptista, Antonia) (Entered: 08/27/2024)
08/27/2024
6​
Judge Denise J. Casper: ELECTRONIC ORDER entered. Order Referring Case to Magistrate Judge M. Page Kelley Reason for referral: Full Pretrial Proceedings as to Matthew Farwell (Alves-Baptista, Antonia) (Entered: 08/27/2024)
08/28/2024
7
MOTION to Unseal Case as to Matthew Farwell by USA. (Vieira, Leonardo) (Entered: 08/28/2024)
08/28/2024
8​
Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting 7 Motion to Unseal Case as to Matthew Farwell (1) (Vieira, Leonardo) (Entered: 08/28/2024)
08/28/2024
Arrest of Matthew Farwell (Vieira, Leonardo) (Entered: 08/28/2024)
08/28/2024
9
MOTION for Detention as to Matthew Farwell by USA. (Attachments: # 1 Exhibit A: Affidavit)(Cummings, Torey) (Attachment 1 replaced on 8/28/2024) (Vieira, Leonardo). Modified on 8/28/2024 to fix blank space(Vieira, Leonardo). (Entered: 08/28/2024)
08/28/2024
10​
Magistrate Judge M. Page Kelley: ORDER entered. ORDER APPOINTING FEDERAL DEFENDER PROGRAM as to Matthew Farwell, Added attorney Sandra Gant. (Vieira, Leonardo) (Entered: 08/28/2024)
08/28/2024
11​
ELECTRONIC NOTICE OF HEARING as to Matthew Farwell Initial Appearance and Arraignment set for 8/28/2024 02:30 PM in Courtroom 22 (In person only) before Magistrate Judge M. Page Kelley.
Please find the Waiver of Appearance here.(Vieira, Leonardo) (Entered: 08/28/2024)
08/28/2024
13​
Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Initial Appearance and Arraignment as to Matthew Farwell (1) Count 1 held on 8/28/2024. The Court advised the defendant of his rights and the charges against him. The court appointed Attorney Gant to represent the defendant subject to review of financial affidavit. The government stated the maximum penalties and moved for detention. The defendant waived the reading of the indictment and entered a plea of not guilty as to count 1 of the indictment. The Court reminded the government of its obligations under Rule 5 (f). Orders on time excluded under the Speedy Trial Act and Rule 5(f) to issue. The defendant was remanded to the custody of the USMS.
Detention Hearing set for 9/10/2024 11:15 AM in Courtroom 24 (In person only) before Magistrate Judge M. Page Kelley.
(Attorneys present: Gant, Fogerty, Riley, Cummings, Paiva PO. )Court Reporter Name and Contact or digital recording information: Digital Recording. To order a copy of this Digital Recording, please email the Court at https://forms.mad.uscourts.gov/Audio.html . For a transcript of this proceeding, contact the Court by email at mad_transcripts@mad.uscourts.gov. (Vieira, Leonardo) (Entered: 08/29/2024)
08/28/2024
14
Magistrate Judge M. Page Kelley: ORDER entered. ORDER PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 5(f) entered as to Matthew Farwell. (Vieira, Leonardo) (Entered: 08/29/2024)
08/28/2024
15
Magistrate Judge M. Page Kelley: ORDER entered. ORDER ON EXCLUDABLE DELAY as to Matthew Farwell. Time excluded from August 30, 2024 until October 17, 2024. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice.
This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the sessions courtroom deputy as soon as possible.
For questions regarding access to hearings, you may refer to the Courts general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.
Initial Status Conference set for 10/17/2024 11:30 AM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. (Vieira, Leonardo) (Entered: 08/29/2024)
08/29/2024
12
NOTICE OF ATTORNEY APPEARANCE: Jane F. Peachy appearing for Matthew Farwell. Type of Appearance: Federal Defender Office. (Peachy, Jane) (Entered: 08/29/2024)
08/30/2024
16​
ELECTRONIC NOTICE OF RESCHEDULING as to Matthew Farwell. At the request of the parties, Detention Hearing set for 9/12/2024 02:00 PM in Courtroom 24 (In person only) before Magistrate Judge M. Page Kelley. (Vieira, Leonardo) (Entered: 08/30/2024)

#16 - Last docket entry as 9/2/24


@Niner
 

8/29/24

Here are two important documents in the case.

First is the Department of Justice's 4-page indictment. It was previously sealed but became public Wednesday, Aug. 28 when the FBI arrested Farwell in Revere. [Ref Docket Entry #1, pages 1-4 at MSM link above].

Here are two important documents in the case.

What does the FBI claim Farwell did?​

Federal prosecutors filed a 63-page document that argues Farwell should be held in jail until trial. In addition to legal arguments, it includes the affidavit of a lead FBI investigator's finding. [Ref Docket Entry 9, Affidavit pages 1-45: https://www.justice.gov/usao-ma/media/1365636/dl ].

[..]

This document is part of the public court record but readers should be aware that it includes explicit language and descriptions. The language in this document includes the prosecution's description of alleged sexual and physical abuse, sexual abuse of a minor, references to suicide and curse words. [Ref Docket Entry 9, Motion pages 1-18 at MSM link].
 

Horrifying Allegations Against A Massachusetts Cop In Connection With Sandra Birchmore 8/28/24


Peter and another senior attorney (his father) do a good recap explaining the federal charges against MF where the former police officer is charged under "color of law" and the wire fraud relates to the officer's paycheck on auto-deposit (i.e., fraudulent timesheets).

If/when the State files charges, the feds will hand their investigators a BOOK! Shameful these locals couldn't get the job done for an ordinary citizen.

IMO, this victim, SB, already had a difficult youthhood and was trying to make her adult life the best she could. :mad:
 
Why wasn't MF charged with the death of SB's child?
Scott Peterson was found guilty of 2nd degree murder for Connor's death.
Was anything said why not or that a superseding indictment could be coming?
What is the "count one"?
1st degree?


1725312222111.png
 
Why wasn't MF charged with the death of SB's child?
Scott Peterson was found guilty of 2nd degree murder for Connor's death.
Was anything said why not or that a superseding indictment could be coming?
What is the "count one"?
1st degree?


View attachment 528631

From the press conference by the Department of Justice, the Feds have shared their investigation results with the State of MA, and whether or not the State will take action to reverse SB's manner of death from suicide to homicide, is unknown. IMO, we should look to the State for first degree murder and/or any applicable State Homicide Law protecting viable, unborn fetuses. (Scott Peterson was charged by the State of CA, not the Feds).

However, specific to the federal Investigation of SB's murder by a Police Officer (i.e., under color of law), and subsequent Indictment by a Federal Grand Jury on 8/27/24, MF is being charged under the Federal Statute 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant-- not to be confused with 18 U.S. Code § 1111 - Murder.

(Please reference the 4 page Indictment linked upthread).


That said, relative to State law protecting viable fetuses, reportedly, the ME determined SB was eight to 10 weeks pregnant when she was killed. It's unclear to OP if MA deems a 10 week fetus "viable" for the purpose of homicide charges if 24 weeks is used in MA for abortion.

MA statute provides that someone who kills an unborn baby capable of living outside of the mother's body can be charged with homicide since that child is considered a person under state law...

"Killing is not murder unless a human being has been killed. A viable fetus is a human being under the law of homicide. A fetus is viable when there is a reasonable likelihood of the fetus's sustained survival outside the womb, with or without artificial support." Commonwealth v. Ronchi

 

8/29/2024

[..]​

Feb. 1, 2021: Farwell kills Birchmore​

Federal investigators allege that Farwell strangled Birchmore in her apartment and then staged it to make it appear that Birchmore committed suicide.

Feb. 4, 2021: Birchmore's body is found​

Canton police officers conducted a well-being check and found Birchmore dead in her apartment. At least one first responder noted that Birchmore had been dead for "days."

Feb. 6, 2021: Farwell lies to Mass. State Police investigators​

Farwell allegedly provided false statements to Massachusetts State Police investigators when questioned about Birchmore's death.

Feb. 9, 2021: Farwell makes and deletes Google searches​

Court documents state that Farwell made two Google searches he then deleted - for “can delete [sic] imessage be recovered hy [sic] cellebrite" and “can you revoke consent in massachusetts.” Cellebrite is a tool used to analyze data on cellphones.

May 2021: Birchmore's death is ruled a suicide​

A state pathologist rules Birchmore's cause of death asphyxia by hanging and manner of death a suicide.

April 1, 2022: Farwell resigns from Stoughton Police Department​

Farwell resigns amid an ongoing probe into Birchmore's death

Sept. 23, 2022: Stoughton police chief releases details of internal investigation​

The results of a lengthy internal investigation by the Stoughton Police Department reveal that three officers — Matthew Farwell, William Farwell and Robert Devine — and a fourth person are suspected of having inappropriate relationships with Birchmore. The officers have denied the accusations.

Dec. 29, 2022: Birchmore's family files wrongful death lawsuit​

Birchmore's estate files a civil lawsuit alleging "wrongful death, negligence, negligent supervision, negligent retention, pain and suffering, and emotional distress" over what it described as a yearslong grooming scheme.
 
From the press conference by the Department of Justice, the Feds have shared their investigation results with the State of MA, and whether or not the State will take action to reverse SB's manner of death from suicide to homicide, is unknown. IMO, we should look to the State for first degree murder and/or any applicable State Homicide Law protecting viable, unborn fetuses. (Scott Peterson was charged by the State of CA, not the Feds).

However, specific to the federal Investigation of SB's murder by a Police Officer (i.e., under color of law), and subsequent Indictment by a Federal Grand Jury on 8/27/24, MF is being charged under the Federal Statute 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant-- not to be confused with 18 U.S. Code § 1111 - Murder.

(Please reference the 4 page Indictment linked upthread).


That said, relative to State law protecting viable fetuses, reportedly, the ME determined SB was eight to 10 weeks pregnant when she was killed. It's unclear to OP if MA deems a 10 week fetus "viable" for the purpose of homicide charges if 24 weeks is used in MA for abortion.

MA statute provides that someone who kills an unborn baby capable of living outside of the mother's body can be charged with homicide since that child is considered a person under state law...

"Killing is not murder unless a human being has been killed. A viable fetus is a human being under the law of homicide. A fetus is viable when there is a reasonable likelihood of the fetus's sustained survival outside the womb, with or without artificial support." Commonwealth v. Ronchi

Thank you! Thank you!
If this was Alabama or any of the other states with these "personhood laws" I doubt that viability would be an issue.
The "viable" laws make no sense to me because if the pregnant woman survives an attempted murder or survives getting hit while driving which causes her to lose her baby at 3-5 months she's not suppose to suffer the same loss because her baby wasn't viable.
I'll read the links.
Thanks again.
 
A very ancient phrase existing in every culture, "a fish rots from the head down", is totally applicable here. Two cases: one, the Canton PD is made of alcoholics who feel empowered to drink, drive and work drunk, while perfectly aware of own problem. The other one, sorry, Stoughton police department is a pedophile-like, human trafficking-like structure, and the humans being trafficked are the most vulnerable ones.

I was very much upset about Proctor's texts but in comparison to this MF, they look almost like Sunday school verses.

I hope the feds will be digging deeper into this case. It already is starting to look like "the Chinatown", only with much weaker, yet tenacious, characters.


And what is a possible link between these two high profile cases in Staughton and Canton? John O'keefe who was working in the S*# Offender Department at the time of his death. He was working in Boston, but did he come across something? Something that connected people in some way? These types of crimes don't happen in a vacuum. There are usually multiple people involved over years. Multiple people were involved in the SB case. It went on for years. Waaay to many coincidences in both cases in my opinion.
 
And what is a possible link between these two high profile cases in Staughton and Canton? John O'keefe who was working in the S*# Offender Department at the time of his death. He was working in Boston, but did he come across something? Something that connected people in some way? These types of crimes don't happen in a vacuum. There are usually multiple people involved over years. Multiple people were involved in the SB case. It went on for years. Waaay to many coincidences in both cases in my opinion.

SB death predates JOK. Given SB's investigation by local LE opened on Feb 2021 and the ME ruled the death a suicide by May 2021 -- case closed, I think they share a few things in common including the "last person to see SB was a Cop"-- so nothing to see here.

And never mind that the first responding officer from Canton was Kevin Albert (leaf blower & solo cup fame) and the CW witness who looked at Farwell's phone failed to discover more than 32K messages between the defendant and his victim was the same CW witness for the PD's phones/Cellbrite is unreliable expert, something in that water is tainted. JMO
 
And what is a possible link between these two high profile cases in Staughton and Canton? John O'keefe who was working in the S*# Offender Department at the time of his death. He was working in Boston, but did he come across something? Something that connected people in some way? These types of crimes don't happen in a vacuum. There are usually multiple people involved over years. Multiple people were involved in the SB case. It went on for years. Waaay to many coincidences in both cases in my opinion.

The only obvious link for today is the fact that both investigations close in the office of Norfolk DA. SB was killed in February of 2021 and her death was determined a suicide. Now her police BF is accused of murder. In the "blizzard blackout case", an impaired driver, Karen Read, accidentally ran over her BF, Boston cop John O'Keefe, while unloading him in front of a Canton LEO's house. Festivities incide prevented anyone noticing the incident till dawn. MOO, the cases are visibly unconnected, but the precedent of SB's case explains public mistrust we saw in KR's trial.

Here is what angers me:


"prosecutors paint Farwell as a controlling predator who was fixated on playing out violent rape fantasies with Birchmore, ever since she was a young teenager in the Explorer program."

And, "The affidavit also alleges that he would “engage in forceful oral, vaginal, and anal sex acts,” as a way to punish her for bad grades or having sex with other people."

WTH? This sadistic rapist in the uniform was a danger to the community! He retired in the end of March 2022. The investigators had SB's phone with texts...and deemed it a suicide! I am wondering if MF is involved in more disappearances around.
 
Last edited:
The only obvious link for today is the fact that both investigations close in the office of Norfolk DA.

SB was killed in February of 2021 and her death was determined a suicide. Now her police BF is accused of murder.

In the "blizzard blackout case", an impaired driver, Karen Read, accidentally ran over her BF, Boston cop John O'Keefe, while unloading him in front of a Canton LEO's house. With the festivities incide, the incident didn't register with anyone till dawn.

MOO, the cases are visibly unconnected, but the precedent of SB's case explains public mistrust we saw in KR's trial.

Here is what angers me:


"prosecutors paint Farwell as a controlling predator who was fixated on playing out violent rape fantasies with Birchmore, ever since she was a young teenager in the Explorer program."
Just for clarity, your third paragraph re the KR case is your opinion only I think. IMO. The case as stands resulted in a mistrial. I personally wouldn't just write off potential similarities in the way both cases were investigated. That's just moo of course but we will see what washes up down the road. Not the right place to go into details re JOK here but discussion is active on his thread. Moo

Imo must be devastating for SB's loved ones that the ME found for suicide. How on earth...? I would be wondering about the process and interaction between investigations/investgators in Canton, MSP and the state ME that lead to such an incorrect finding. Moo
 
Just for clarity, your third paragraph re the KR case is your opinion only I think. IMO. The case as stands resulted in a mistrial. I personally wouldn't just write off potential similarities in the way both cases were investigated. That's just moo of course but we will see what washes up down the road. Not the right place to go into details re JOK here but discussion is active on his thread. Moo

Imo must be devastating for SB's loved ones that the ME found for suicide. How on earth...? I would be wondering about the process and interaction between investigations/investgators in Canton, MSP and the state ME that lead to such an incorrect finding. Moo

Thank you. I didn't know there was JOK's thread. I saw only KR's one. Of course, the third paragraph is JMO only. BTW, i expressed my opinion in KR's thread before. Besides, JOK is a victim, he definitely was a kind a sincere person and hence I don't want to point out obvious things ad nauseam.

We all see that there is obvious lack of discipline and foresight in Canton and Boston PDs. But it is one thing to be lenient to colleagues in ordinary human situations (it shouldn't happen, but it is still human), and very different, to see these texts of MF on SB's phone and what, close the case? These investigators, they have daughters, granddaughters. Aren't they simply afraid of a colleague with violent rape fantasies?

I am asking myself if these cases can ever cross over? Who knows? To me, still unlikely as of today, although I see a potential connection, too. But the whole impression of the situation is meh.

MF used to be a LEO in Wellesley. It is interesting why he transferred as Wellesley is a well-off, quiet suburb.
 
Thank you. I didn't know there was JOK's thread. I saw only KR's one. Of course, the third paragraph is JMO only. BTW, i expressed my opinion in KR's thread before. Besides, JOK is a victim, he definitely was a kind a sincere person and hence I don't want to point out obvious things ad nauseam.

We all see that there is obvious lack of discipline and foresight in Canton and Boston PDs. But it is one thing to be lenient to colleagues in ordinary human situations (it shouldn't happen, but it is still human), and very different, to see these texts of MF on SB's phone and what, close the case? These investigators, they have daughters, granddaughters. Aren't they simply afraid of a colleague with violent rape fantasies?

I am asking myself if these cases can ever cross over? Who knows? To me, still unlikely as of today, although I see a potential connection, too. But the whole impression of the situation is meh.

MF used to be a LEO in Wellesley. It is interesting why he transferred as Wellesley is a well-off, quiet suburb.
Yeah I meant the KR thread, there's no JOK thread.
 
This is brilliant -- Farwell was driving a gravel truck when he was arrested in Revere -- he had no clue!


Aug 29, 2024

The arrest of former Stoughton police detective Matthew Farwell in a Revere strip mall caught shoppers and employees by surprise Wednesday morning.
 

9/2/24

“Understatement of the century but Massachusetts has a serious problem with murder investigations involving police suspects, witnesses, and leads,” criminal justice journalist Susan Zalkind posted on X on Wednesday. “Poor Sandra Birchmore. Beyond depraved.”

[..]

Federal investigators have been involved in both cases, but officials have not announced any links between the two. However, at the heart of both: allegations of botched investigations and law enforcement misconduct.

'Incompetence or corruption?'

“Given these two cases, I would say it’s not just in Norfolk County, but certainly throughout Massachusetts. The question that arises is, is it incompetence or corruption, or both?” said Tom Nolan, a former Boston police lieutenant and criminal justice professor.

In Massachusetts, detectives with the state police are assigned to district attorneys’ offices, which can lead to the bungling of cases, Nolan said.

An alternative, he said, is the model used in other states, including Florida and Georgia, where there is an independent investigative agency to oversee the cases, rather than relying on an agency that enforces laws on highways.
 
His wife was in the hospital when Sandra was being murdered, and gave birth the next morning.

<modsnip - no link to approved source>
I'm going with she's still with him.
Strange that no info about her has been reported.
OMG! I just thought especially of the child that was born the next morning.
You know those photos of the smiling new daddy with their newborns soon after birth that just about every family has.
They have to live with their daddy was arrested for killing their half brother or sister the night before.
 

9/2/24

“Understatement of the century but Massachusetts has a serious problem with murder investigations involving police suspects, witnesses, and leads,” criminal justice journalist Susan Zalkind posted on X on Wednesday. “Poor Sandra Birchmore. Beyond depraved.”

[..]

Federal investigators have been involved in both cases, but officials have not announced any links between the two. However, at the heart of both: allegations of botched investigations and law enforcement misconduct.

'Incompetence or corruption?'

“Given these two cases, I would say it’s not just in Norfolk County, but certainly throughout Massachusetts. The question that arises is, is it incompetence or corruption, or both?” said Tom Nolan, a former Boston police lieutenant and criminal justice professor.

In Massachusetts, detectives with the state police are assigned to district attorneys’ offices, which can lead to the bungling of cases, Nolan said.

An alternative, he said, is the model used in other states, including Florida and Georgia, where there is an independent investigative agency to oversee the cases, rather than relying on an agency that enforces laws on highways.
I'm going with "corruption".
If they were incompetent they wouldn't have known what they were doing.
 

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