BOSTON — Federal prosecutors are asking a judge to allow testimony about Matthew Farwell’s alleged extramarital affairs as they seek to counter a central argument raised by his defense in his trial over Sandra Birchmore’s death.
In a motion filed Sunday, prosecutors renewed their request to introduce testimony from three women who they say had affairs with Farwell. The government argues that Farwell’s defense opened the door to that evidence during opening statements.
Farwell’s attorney told jurors that his alleged efforts to conceal his visit to Birchmore’s apartment, including wearing a mask, could be explained by his desire to keep his wife from discovering his infidelity. Prosecutors argue testimony from Farwell’s other alleged affair partners would undermine that explanation.
According to the filing, the three women would testify that Farwell did not take similar precautions during their relationships. Prosecutors say the women would testify that Farwell never wore a mask or disguise around them, never instructed them to delete messages, and did not take extensive steps to hide their encounters.
Prosecutors argue that comparison is important because Farwell allegedly wore a mask when he went to Birchmore’s Canton apartment on Feb. 1, 2021. She was found dead three days later.
Prosecutors contend his behavior that night was different from his behavior during other affairs and dispute the defense’s assertion that the mask was simply intended to conceal an affair from his wife. They had previously sought permission to introduce limited testimony about Farwell’s other alleged affairs, but the court denied that request. Prosecutors say the judge indicated they could revisit the issue if the defense’s statements or evidence made the affairs relevant to the case.
Prosecutors now say the defense’s opening statement did exactly that.
The filing quotes Farwell’s attorney as telling jurors, “Matthew Farwell is a man who had an affair,” and later suggesting his mask was something “people having affairs might do.”
Prosecutors say Farwell killed Birchmore to conceal his alleged crimes and prevent her from revealing what she knew, not simply to hide an affair.
The judge must now decide whether the testimony from the three alleged affair partners can be presented to the jury.
The first witness is expected to be called on Tuesday. Jury selection concluded on Friday.
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