Stoughton ex-cop seeks 30 days to file new trial motion after federal verdict

Matthew Farwell, the former Stoughton, Massachusetts, police officer convicted of killing Sandra Birchmore, will seek a new trial. His legal team filed a request with the U.S. District Court of Massachusetts on Thursday for an extension. The lawyers, Joanne Daley and Kimberly Stevens, asked the court for 30 days to file their motion once the final trial transcripts are delivered. They cited complex and substantial issues that require additional time to prepare.

The request was made without objection from prosecutors. The defense plans to file a motion for a new trial as well as a motion to acquit Farwell. This procedural step follows a jury verdict reached Tuesday. The panel found Farwell guilty of killing a witness or victim. They also found him guilty of violating a federal law that protects unborn children.

Farwell’s conviction centers on the death of Birchmore, who was found dead in her Canton apartment in early 2021. She was pregnant at the time. Birchmore had told Farwell he was the father, though DNA evidence later identified a different man. Prosecutors argued that Farwell, who was married with children, killed Birchmore to stop her from revealing their relationship. They stated the affair began when she was 15 and enrolled in a Stoughton police explorers program where Farwell volunteered.

The initial investigation by state police ruled Birchmore’s death a suicide. Federal investigators later determined she was killed and the scene was staged to look like a suicide. Farwell’s defense has maintained that she died by her own hand. His attorneys argue that the state police investigation overlooked him as a suspect. They noted that Farwell was seen on camera entering and leaving her apartment building around the last time her cellphone was used.

Farwell resigned from the Stoughton police department amid an internal investigation into the death. That review found he and two other officers had inappropriate sexual relationships with Birchmore before she died. The case has drawn criticism from Birchmore’s family, who say the state police missed key evidence. The federal jury’s decision marks the end of the trial phase, but the post-trial motions will determine whether the verdict stands.

The 30-day clock has not yet started. It begins when the court delivers the finalized transcripts. The defense team must use this period to draft their arguments for a new trial or acquittal. The judge will review the request for more time before setting a deadline for the formal motions. Farwell remains in custody while this process unfolds.