Attorneys for former Stoughton police officer Matthew Farwell are asking a federal judge to prohibit prosecutors from mentioning the Karen Read murder case or former Stoughton Police Chief Donna McNamara’s civil lawsuit during Farwell’s upcoming murder trial, arguing the unrelated cases could unfairly influence jurors.
The request is one of two dozen new pretrial motions filed this week ahead of Farwell’s October trial. Farwell is charged with killing Sandra Birchmore, a 23-year-old woman who was pregnant when she was found dead in her Canton apartment in February 2021.
Investigators initially ruled Birchmore’s death a suicide. Federal prosecutors later charged Farwell with murder after alleging he was involved in a sexual relationship with Birchmore and was seen entering her apartment building around the time of her death.
In a motion filed Monday, defense attorneys asked the court to prevent prosecutors, witnesses and attorneys from referring to the criminal prosecution of Karen Read, Read’s civil lawsuit against the Massachusetts State Police and Canton Police Department, or McNamara’s lawsuit against the Town of Stoughton.
The defense argues the cases are unrelated to the evidence in Farwell’s case and could improperly influence jurors by encouraging them to judge the investigation based on public controversies surrounding the agencies involved.
“Any such reference asks the jury to evaluate the investigation in this case based on its impression of an entirely different, unrelated investigation rather than on the specific evidence gathered here,” Farwell’s attorneys wrote, arguing the references could unfairly prejudice the trial.
The filing also notes that none of the Canton police officers, Massachusetts State Police investigators or Office of the Chief Medical Examiner personnel who responded to Birchmore’s death investigation were involved in the Karen Read case.
In a separate motion, Farwell’s attorneys are seeking permission to introduce evidence they say supports their argument that Birchmore died by suicide. The defense wants to present portions of her journal entries, health records, school records and online communications that they say document suicidal thoughts and previous suicide attempts.
Prosecutors have argued Birchmore was murdered and allege Farwell staged her death to appear as a suicide.
The government also filed several pretrial motions this week, including one stating prosecutors expect to call about 50 witnesses during the trial. According to the filing, the government anticipates presenting its case over approximately 20 trial days.
Farwell’s federal murder trial is scheduled to begin in October.
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