Two days after a federal jury found Matthew Farwell guilty in the deaths of Sandra Birchmore and her unborn child, his lawyers asked a Boston judge for more time to challenge the verdicts. In their November 12 filing, they asked to submit their arguments within 30 days of receiving the final trial transcripts. They also asked for permission to file longer written arguments.

The jury returned both guilty verdicts on November 10. Farwell, a former Stoughton police officer, was convicted of killing a witness or victim and causing the death of an unborn child. Birchmore was 23 and pregnant when she died in 2021. Federal prosecutors said Farwell killed her in her Canton apartment and made her death look like a suicide.

Why It Matters

The request could change when the defense has to explain why it believes the verdicts should be set aside or the case should be tried again. A trial transcript is the written record of what people said in court. The defense wants the filing clock to start when it gets the final transcripts, so the date would depend on when those records arrive. The jury’s verdicts remain in place while the judge considers the scheduling request.

What the defense asked the judge to do

Massachusetts Legal Resources identified the November 12 filing as docket entry 405 in United States v. Farwell. The outlet reported that defense lawyer Kimberly Stevens filed it as a consent motion and that prosecutors did not object to the scheduling request. Chief U.S. District Judge Denise Casper still decides whether to grant the extra time and pages. WCVB also reported that the defense asked for both.

Federal rules usually give the defense 14 days to ask for an acquittal, counted from the guilty verdict or the jury’s dismissal, whichever came later. A request for a new trial based on grounds other than newly discovered evidence is usually due within 14 days of the verdict. For the November 10 verdicts, 14 days from the verdict date falls on November 24. The defense asked for a deadline tied to the transcripts instead.

How the two planned motions work

Under Rule 29, the defense can ask the judge to set aside a guilty verdict and enter a judgment of acquittal. To grant that request, the judge would have to find that the evidence was legally insufficient to support the conviction on the count at issue.

Rule 33 gives the judge a different option. The defense can ask the judge to set aside the judgment and order a new trial if justice requires it. If the judge grants that request, the case could be tried again.

What Happens Next

The next development to watch is an order setting the filing deadline. Massachusetts Legal Resources reported that the docket showed no ruling on the extension as of Thursday night. The planned motions, once filed, will show the specific grounds Farwell’s lawyers are relying on.

Sentencing is a separate step. The court had scheduled it for February 3, 2027, at 2 p.m., according to the court schedule reported by Massachusetts Legal Resources.