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Matthew Farwell faces decision on whether to testify as defense nears end of case

BOSTON — The defense is expected to call its final witnesses in the trial of Matthew Farwell on Wednesday.

Farwell will also have to decide Wednesday whether or not to testify in his own trial.

The former Stoughton Police officer is charged with killing Sandra Birchmore and her unborn baby.

So far in the trial, the defense has given no indication about Farwell’s intentions to take the stand.

As of Tuesday, the defense has called 10 people to the stand and is expected to have two final witnesses.

Thirty-eight witnesses testified for the prosecution.

Boston 25 Legal Expert Elyse Hershon said she would be surprised if Farwell does decide to testify.

“I think that the defense is stuck with certain facts in this case that Farwell would not be able to cure or save by taking the stand in terms of that the relationship started when she was underage, that there were affairs, there was cheating, there were multiple women. He was on the clock doing things outside or off, you know, having sexual relations where he was supposed to be on the clock. And that’s why we’re in federal court. So, there’s a lot here and a lot of other alleged crimes that he would have to admit to outside and above what he’s actually on trial for,” said Hershon.

Tuesday, forensic genetics expert Doctor Max Noureddine took the stand for several hours.

The defense’s witness tried to poke holes in DNA evidence the prosecution presented, specifically the duffel bag strap known as a ligature that was around Sandra Birchmore’s neck when she was found dead.

A witness for the prosecution previously told jurors that Matthew Farwell’s DNA was the major contributor on the portion of the ligature tied around the closet door handle.

Doctor Noureddine pointed out the ligature was packed in plastic, and there can be contamination or a transference of DNA from one area to another being packaged like that.

He said, “Typically they have to be packaged in paper, breathable paper.”

Noureddine continued, “It’s basically crumbled into a big ball.”

Doctor Noureddine also said that 90% of the DNA on the ligature was Sandra Birchmore’s and 5% was Matthew Farwell’s, plus two known and two unknown DNA contributors.

Elyse Hershon commented, “Muddying up the DNA evidence is usually helpful for the defense. So if they can say, yes, okay, Farwell was the contributor, but there’s two other males on here, or there’s two unknowns on here, you have the jury thinking. Okay, well, someone else could have been the last one to touch this item.”

Hershon also reminds DNA doesn’t tell you when it was put there.

She said, “So could Farwell’s DNA have been on there from the day before, the week before, a year before? It’s possible. And by establishing all these different possibilities, even though the jury is looking for answers, if they’re left with questions, that’s helpful to the defense.”

A forensic anthropologist who worked with the FBI and took CT scans of the hyoid bone in Birchmore’s neck also testified Tuesday.

Dr. Angi Christensen said, according to literature she’s reviewed, strangulation is the most common form of a hyoid fracture.

“In closing, they’ll go back and say, remember that anthropologist that we put on the stand? Yes, they agreed with a lot of the testimony that the prosecution said, but they also said that you cannot tell when the fracture occurred. So could it have occurred after in some other way? It’s possible. We don’t know,” said Hershon.

After testimony finishes and the defense rests their case, jurors are expected to have a day off Thursday and then be back in the courtroom Friday for closing arguments.

This is a developing story. Check back for updates as more information becomes available.

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