BOSTON — Jury selection is underway in the trial against former Stoughton Police officer Matthew Farwell.
He’s accused of killing Sandra Birchmore, who was pregnant at the time, and staging the murder to look like a suicide.
16 jurors will be selected for Farwell’s trial, that includes 12 deliberating jurors and 4 alternates. On Tuesday, two groups of potential jurors went to Moakley Federal Court as part of that process.
Judge Denise Casper welcomed the morning group of jurors to the courthouse just before 9 a.m. Judge Casper is the Chief Judge of the United States District Court for the District of Massachusetts and will oversee the trial.
Before being sworn in, Judge Casper summarized the charges against Matthew Farwell for the potential jurors, and she explained that this jury selection is conducted in three parts.
“Federal court is a whole different ballgame,” said Boston 25 Legal Expert Elyse Hershon as she described the differences in the selection process between federal and state court.
In this trial, jurors have all been given questionnaires to fill out. They were free to leave for the day once they questionnaires were complete.
On Wednesday, jurors will call into the court after 6 p.m. to learn whether they have to return to court on Thursday. If they are called back, they will be in the court room and asked individual follow-up questions.
The first two phases are aimed at challenges for cause if it’s believed the prospective juror cannot be impartial or fair. The third phase is “peremptory challenges” where counsel on either side can ask that a juror be excluded without giving a reason.
Hershon said, this process gives attorneys more time to really go through potential jurors.
“It’s actually much less stressful for the lawyers in federal court because in state court, we’re getting the questionnaires the jury’s being brought in and the voir dire for the whole panel is starting immediately,” said Hershon.
“So, you’re trying to have one ear listening to what the jurors are being asked and on the other hand, try to go through the questionnaires and see what questions you want to ask them individually. So it’s a much more chaotic, stressful process in state court. And this is a way to slow it down and have them really take their time.”
Once the 16 jurors are seated, they will be having to ultimately decide the fate of Matthew Farwell. Farwell is charged with killing Sandra Birchmore and causing the death of her unborn baby.
Prosecutors allege Farwell sexually exploited Birchmore for years after meeting her through the Stoughton Police Department Explorers Program.
They also claim a pregnant Birchmore told Farwell he was the father of her child and that a friend of Birchmore called Stoughton police to reveal their affair.
DNA testing shows Farwell was not the father. In February 2021, Birchmore was found dead in her Canton apartment.
More than three years later, in August of 2024, the FBI arrested Farwell. Farwell has pleaded not guilty to the charges. As the trial begins, Hershon said both the prosecution and defense are looking for jurors who can sympathize with their case.
“As a defense attorney, you’re looking for jurors who can identify with your client, with your client’s stories, whether that’s from the same background or the same job or same family situation. The prosecution usually is looking for more law-and-order type people who can really enforce the law. But it’s a little bit more complicated here because the defendant is a former police officer,” she said.
Opening statements in the trial could be Friday if all 16 jurors are seated on Thursday. The judge told jurors Tuesday the trial could last about five weeks, into the second week of November.
According to a court spokesperson, 411 prospective jurors were called to Moakley Federal Courthouse on Tuesday.
This is a developing story. Check back for updates as more information becomes available.
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