Matthew Farwell asks judge to move trial to Rhode Island over ‘prejudicial’ press coverage
Lawyers for the former Stoughton police officer accused of grooming, then killing, Sandra Birchmore are asking a judge to move his forthcoming trial to Providence, Rhode Island, claiming the intense publicity around the case has made it impossible for him to get a fair trial in Massachusetts.
In a memo filed in federal court on Monday, attorney Kimberly Stevens provided what amounts to the first glimpse of Matthew Farwell 's defense strategy. Farwell, who was arrested last August and charged with a single count of killing a witness or victim, has not appeared in court since. Stevens has declined to speak to reporters, citing the rules of professional conduct for lawyers in Massachusetts.
The filing notes that Birchmore's death was ruled a suicide by the Office of the Chief Medical Examiner, and that despite the federal charges against Farwell, the manner of death listed on her death certificate has never changed.
Stevens also criticized the FBI affidavit filed in support of the charges against Farwell as a "cherry-picked version of alleged 'facts' and a one-sided narrative."
Much of the reporting on the case has cited the affidavit, she wrote.
"The press coverage here has most certainly stemmed from the FBI's one-sided narrative, focuses on Mr. Farwell, impermissibly characterizes Mr. Farwell, and broadcasts facts and images that will most certainly impact the ability of potential jurors in the District to hear the evidence impartially," Stevens wrote.
The memo cites media coverage from The Boston Globe, The Boston Herald and local TV stations in the region. In it, Stevens claims the pretrial publicity has not created just a familiarity with the case for potential jurors, but an actual opinion of his guilt or innocence.
"The coverage has led the readers to conclude that Mr. Farwell is guilty, to call him vile names, and to cry out for severe punishment, including death," Stevens wrote. "The press has become an arm of the government in spreading a one-sided prosecutorial version of the case."
Stevens draws a contrast between Farwell's case and that of Boston Marathon bomber Dzhokhar Tsarnaev, noting that, unlike Farwell, Tsarnaev did not contest his guilt. Tsarnaev was ultimately sentenced to death, but his case has stalled in the court system.
Farwell could face the death penalty on the charge of killing a witness or victim, but federal officials have yet to decide whether they will pursue capital punishment in the case. Prosecutors must file notice by Jan. 20 if they will seek the death penalty for Farwell.
He is also charged with killing Birchmore's unborn baby .
The filing asks that Farwell's case, scheduled for trial next October, be transferred to Rhode Island. Stevens notes that Providence has its own media market, which has not covered the case as thoroughly as the local press in Massachusetts.
Farwell is being housed at a federal detention center in Central Falls, Rhode Island, seven miles from Providence the courthouse.
Stevens seeks a hearing on the motion. Prosecutors have yet to file a response.
Farwell first encountered Birchmore after she joined a program run by the Stoughton Police to teach young people about law enforcement careers, where he was a volunteer and later an instructor.
Birchmore was 12 years old when she signed up in 2010. Prosecutors say he began sexually abusing her at 15, below the age of consent in Massachusetts.
Birchmore believed Farwell was the father of her child, according to prosecutors. But DNA analysis revealed Farwell was not the father , The Boston Globe reported.
More news about the Sandra Birchmore case
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