Hello from inside Boston's beautiful Moakley Federal Courthouse,...
Grant Smith Ellis@GrantSmithEllis
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Oct 14, 2026
~47 min read
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1
Hello from inside Boston's beautiful Moakley Federal Courthouse, where this will be today's live-thread for coverage of day 2 in the Sandra Birchmore and Matthew Farwell trial.
Brian Tully and John Fanning's coverup point-man, Matt Dunne, is up first for the DOJ after 9AM.
Brian Tully and John Fanning's coverup point-man, Matt Dunne, is up first for the DOJ after 9AM.
2
Trooper Matt Dunne has arrived to check in outside the courthouse.
He has a blue suit and a pinkish/purple tie.
His hair is gray and he appears stressed.
There are about 10 media members here, along with 15 members of the public.
Mizzy and Barb are 1st in line.
He has a blue suit and a pinkish/purple tie.
His hair is gray and he appears stressed.
There are about 10 media members here, along with 15 members of the public.
Mizzy and Barb are 1st in line.
3
Okay, I have taken my seat in the courtroom.
Farwell's lawyers are here, but the DOJ is not.
Farwell has not yet arrived in the courtroom.
@Estey617, however, has arrived. She is a towel.
Farwell's lawyers are here, but the DOJ is not.
Farwell has not yet arrived in the courtroom.
@Estey617, however, has arrived. She is a towel.
4
@Estey617 The DOJ has arrived with their pushcart.
It has at least 100,000 documents spread across 20 binders on three rows of metal shelving.
We await the arrival of Matthew Farwell.
Judge will take the bench at 8:45AM ET.
It has at least 100,000 documents spread across 20 binders on three rows of metal shelving.
We await the arrival of Matthew Farwell.
Judge will take the bench at 8:45AM ET.
5
@Estey617 Farwell arrives.
He is in a black suit for the second day in a row.
He speaks to Kimberly Stevens. She smiles.
Stevens speaks to Brian Fogerty.
Fogerty is holding packets of evidence in large manila folders that he places onto the witness stand.
He is in a black suit for the second day in a row.
He speaks to Kimberly Stevens. She smiles.
Stevens speaks to Brian Fogerty.
Fogerty is holding packets of evidence in large manila folders that he places onto the witness stand.
6
@Estey617 All rise!
Judge takes the bench.
We begin a motion hearing.
Clerk calls the case.
Judge takes the bench.
We begin a motion hearing.
Clerk calls the case.
7
Judge says good morning to counsel and Farwell.
Farwell says good morning.
Judge has a few matters.
Judge got the updated disputed exhibit list.
There was one last night and one earlier today. There is some overlap between what came in on Friday and the list that came in today. Judge has reviewed most of the disputed exhibits that will come up today.
There are two new ones. For reasons noted yesterday, as to the prior disputed exhibits, having reviewed the objections and responses, judge expects they will all be admitted.
1 and 3 are relevant here on the disputed list, but Judge will be listening for foundation.
Number 543 is marked which Judge thought was being withdrawn, is that correct?
This is 543 otherwise marked as G-7.
Judge thinks this was a defense exhibit.
Farwell says good morning.
Judge has a few matters.
Judge got the updated disputed exhibit list.
There was one last night and one earlier today. There is some overlap between what came in on Friday and the list that came in today. Judge has reviewed most of the disputed exhibits that will come up today.
There are two new ones. For reasons noted yesterday, as to the prior disputed exhibits, having reviewed the objections and responses, judge expects they will all be admitted.
1 and 3 are relevant here on the disputed list, but Judge will be listening for foundation.
Number 543 is marked which Judge thought was being withdrawn, is that correct?
This is 543 otherwise marked as G-7.
Judge thinks this was a defense exhibit.
8
@Estey617 Defense counsel asks for a moment to review her files.
9
Judge asks if counsel is ready.
Daley, the lawyer for Farwell, continues her search furiously on her computer.
DOJ says 543 and 544 are photos of journal entries drafted 5 years before Sandra died.
Troopers took photos of these entries after Sandra died.
MSP found those but not the computer in Sandra's apartment with all of the evidence of Farwell's grooming and child SA?
Okay, then.
[Towel note; Good work, Brian Tully and John Fanning's MSP unit. Michael Morrissey has some great men around him.]
Daley, the lawyer for Farwell, continues her search furiously on her computer.
DOJ says 543 and 544 are photos of journal entries drafted 5 years before Sandra died.
Troopers took photos of these entries after Sandra died.
MSP found those but not the computer in Sandra's apartment with all of the evidence of Farwell's grooming and child SA?
Okay, then.
[Towel note; Good work, Brian Tully and John Fanning's MSP unit. Michael Morrissey has some great men around him.]
10
Okay, counsel as to some things from yesterday;
I sustained the objection during testimony from Officer Cotard when he affirmed his limits to his role at the scene.
Then there was a question about Ms. Isabelle, and my ruling stands there.
This is about the phone call where the Canton Woods staff member was told that Farwell had said "he would take care of the problem himself," if Sandra insisted on carrying her unborn baby to term.
I sustained the objection during testimony from Officer Cotard when he affirmed his limits to his role at the scene.
Then there was a question about Ms. Isabelle, and my ruling stands there.
This is about the phone call where the Canton Woods staff member was told that Farwell had said "he would take care of the problem himself," if Sandra insisted on carrying her unborn baby to term.
11
DOJ;
"For the record, we have informed Trooper Dunne that the RO hanging on Sandra's fridge is admissible."
"Okay, thank you counsel."
"Counsel, a few other things, I started to address the DOJ motion, docket 325, about the civil complaint. I have also reviewed 335, the response, as I understood the DOJ started to tell me yesterday that the DOJ is dropping the part of the motion as to seeking an exemption to the sequestration order?
Yes.
Denied as moot as to that point.
I further understand that the parties are still in dispute as to whether the document itself should come, in but there is agreement that witnesses may be impeached on it. I'll wait to we get there.
"For the record, we have informed Trooper Dunne that the RO hanging on Sandra's fridge is admissible."
"Okay, thank you counsel."
"Counsel, a few other things, I started to address the DOJ motion, docket 325, about the civil complaint. I have also reviewed 335, the response, as I understood the DOJ started to tell me yesterday that the DOJ is dropping the part of the motion as to seeking an exemption to the sequestration order?
Yes.
Denied as moot as to that point.
I further understand that the parties are still in dispute as to whether the document itself should come, in but there is agreement that witnesses may be impeached on it. I'll wait to we get there.
12
"Counsel, please raise this issue in the morning or afternoon before it comes up."
"Court denies in part as moot and reserves in part" on the motion.
Docket 352 has been filed under seal. Judge has it.
Judge knows this is not ripe yet so she wants to return to it at the end of the day.
Judge understands it may come up tomorrow.
"Court denies in part as moot and reserves in part" on the motion.
Docket 352 has been filed under seal. Judge has it.
Judge knows this is not ripe yet so she wants to return to it at the end of the day.
Judge understands it may come up tomorrow.
13
"Anything else counsel?"
DOJ;
"Two quick things, your honor; there is one extra agreed to exhibit, it is 284, that we expect to come in today. In addition I wanted to flag for the court that if we get to calling Donna McNamara today there was a defense motion regarding a civil complaint that was filed by her, docket 185, and that motion was allowed in docket 285, so I just wanted to flag that for the court and for the reasons set forth in that motion and on the basis of that decision from the court the DOJ won't ask about McNamara's current employment so as to not invade what was restricted in that motion. The defense will do so as well."
Judge; "Okay."
DOJ;
"Two quick things, your honor; there is one extra agreed to exhibit, it is 284, that we expect to come in today. In addition I wanted to flag for the court that if we get to calling Donna McNamara today there was a defense motion regarding a civil complaint that was filed by her, docket 185, and that motion was allowed in docket 285, so I just wanted to flag that for the court and for the reasons set forth in that motion and on the basis of that decision from the court the DOJ won't ask about McNamara's current employment so as to not invade what was restricted in that motion. The defense will do so as well."
Judge; "Okay."
14
@Estey617 Defense says that is correct and they have no intention of getting into that, and they will only get it into on cross for impeachment.
Judge says alert me first.
Okay.
Judge says alert me first.
Okay.
15
Judge says, as a housekeeping matter, she thinks it is exhibit 256...this was admitted but was not published given concerns about the header on it.
Judge just asks that the parties confer on redaction of that header. It may need to be printed as slides and done as an old school redaction.
DOJ says it is already done.
Judge says we are waiting on two jurors and then we can get started.
Judge just asks that the parties confer on redaction of that header. It may need to be printed as slides and done as an old school redaction.
DOJ says it is already done.
Judge says we are waiting on two jurors and then we can get started.
16
@Estey617 DOJ says they have made some redactions to exhibit 284 because it has some personal phone numbers.
Judge thanks the DOJ for the update.
"Counsel, unless there's anything else, we'll stand in recess until all 16 jurors arrive."
Judge thanks the DOJ for the update.
"Counsel, unless there's anything else, we'll stand in recess until all 16 jurors arrive."
17
@Estey617 Recess!
We're unsure how long this will take. Boston traffic can be rough on good days.
We're unsure how long this will take. Boston traffic can be rough on good days.
18
@Estey617 Matthew Farwell sits silently working on some papers.
He is writing on documents with his head down.
He sits slouched in his seat to appear smaller than he is.
He stands 6'4 to 6'5, but when he sits you would think he is 5'2.
All jurors are here!
He is writing on documents with his head down.
He sits slouched in his seat to appear smaller than he is.
He stands 6'4 to 6'5, but when he sits you would think he is 5'2.
All jurors are here!
19
@Estey617 The jurors have arrived.
State Trooper Matt Dunne enters the courtroom and takes his place next to the witness box.
We wait the call of the court.
State Trooper Matt Dunne enters the courtroom and takes his place next to the witness box.
We wait the call of the court.
20
@Estey617 All rise, jurors entering!
We begin.
Brian A. Fogerty up on direct for the DOJ. Picking up from where we left off yesterday.
Towel girlfriend has also just arrived. She is beautiful. She is sitting with Barb, Mizzy and Estey.
We begin.
Brian A. Fogerty up on direct for the DOJ. Picking up from where we left off yesterday.
Towel girlfriend has also just arrived. She is beautiful. She is sitting with Barb, Mizzy and Estey.
21
@Estey617 Trooper Dunne, you remain under oath.
Counsel begins;
"Trooper Dunne, good morning."
"Good morning, sir."
Counsel begins;
"Trooper Dunne, good morning."
"Good morning, sir."
22
"Can you pull up exhibit 9, please?"
"Trooper Dunne, when we left off we were talking about your initial approach into the apartment where Ms. Birchmore was found, right?"
"Yes."
"Looking at exhibit 9 in front of you, can you describe what you saw when you walked in to Ms. Birchmore's bedroom?"
"I saw Ms. Birchmore in a partially reclined position, with a ligature around her neck, affixed to the door handle on the right."
"Trooper Dunne, when we left off we were talking about your initial approach into the apartment where Ms. Birchmore was found, right?"
"Yes."
"Looking at exhibit 9 in front of you, can you describe what you saw when you walked in to Ms. Birchmore's bedroom?"
"I saw Ms. Birchmore in a partially reclined position, with a ligature around her neck, affixed to the door handle on the right."
23
@Estey617 We are looking at an image of Sandra Birchmore's body hanging from a door.
She is shown from behind.
She is at a 70 degree angle to the floor.
This is very sad.
She is shown from behind.
She is at a 70 degree angle to the floor.
This is very sad.
24
@Estey617 We see the front view of Sandra, hanging from her closest door.
Her belly is distended. Her baby boy died inside her belly a few days prior.
This is heartbreaking.
Her belly is distended. Her baby boy died inside her belly a few days prior.
This is heartbreaking.
25
"Trooper Dunne, please put on the gloves next to you and open the exhibit bags. This is exhibit 49."
"Do you recognize the device that is in the package that says exhibit 49?"
Dunne slowly opens the envelope.
"This appears to be the same cell phone depicted in the photo."
"This is the same cell phone you found near Ms. Birchmore?"
"Yes."
"Government moves to admit exhibit 49."
Defense objection.
"Overruled, it is admitted."
"Do you recognize the device that is in the package that says exhibit 49?"
Dunne slowly opens the envelope.
"This appears to be the same cell phone depicted in the photo."
"This is the same cell phone you found near Ms. Birchmore?"
"Yes."
"Government moves to admit exhibit 49."
Defense objection.
"Overruled, it is admitted."
26
"Let's look at exhibit 16 now. How close was that cell phone to Ms. Birchmore."
"The phone was six to eight inches from her right knee."
Sandra is literally hanging around a corner of a wall at a 70 degree angle. Her right leg is bent. Her left leg is straight. She is closer to a position on her back than on her behind.
"The phone was six to eight inches from her right knee."
Sandra is literally hanging around a corner of a wall at a 70 degree angle. Her right leg is bent. Her left leg is straight. She is closer to a position on her back than on her behind.
27
@Estey617 We now see a picture of Sandra's bed.
The bed is just feet from where Sandra was hung from her closet door. Her glasses were placed on the bed and they sit in the middle of the bed.
Other than the pillows and sheets and comforter there are no other items on the bed.
The bed is just feet from where Sandra was hung from her closet door. Her glasses were placed on the bed and they sit in the middle of the bed.
Other than the pillows and sheets and comforter there are no other items on the bed.
28
@Estey617 Exhibit 32 now.
"Trooper Dunne, do you see these medicine containers lined up on the counter top?"
"Yes."
"Did you line these up?"
"I don't think I did. It was the Canton Police."
"Let's pause," says Judge. The jury screens need to be rebooted.
"Trooper Dunne, do you see these medicine containers lined up on the counter top?"
"Yes."
"Did you line these up?"
"I don't think I did. It was the Canton Police."
"Let's pause," says Judge. The jury screens need to be rebooted.
29
"Thank you, jurors, counsel go ahead."
"As to the medicine bottles being lined up, can you continue?"
"So, this is a fairly common way that we see medicines. Part of the in take done by the OCME when an unattended death is initially reported, they ask for the medications in the location. So it's common we would see the medicine lined up by the first responders so we can pass that along to the OCME."
"As to the medicine bottles being lined up, can you continue?"
"So, this is a fairly common way that we see medicines. Part of the in take done by the OCME when an unattended death is initially reported, they ask for the medications in the location. So it's common we would see the medicine lined up by the first responders so we can pass that along to the OCME."
30
@Estey617 "So, lining up the medicine is a common practice by first responders so crime scene can then document them?"
"I don't know about for crime scene documentation purposes, but the OCME usually needs that information."
"I don't know about for crime scene documentation purposes, but the OCME usually needs that information."
31
Now a picture of Sandra's fridge.
"What is in this picture?"
"Someone touching a picture of an ultrasound."
"What did you learn about Ms. Birchmore being pregnant?"
"I learned from the Sharon Schools, and from this photo, and I reviewed Canton reports, and I learned it appears she was pregnant."
"Did you see this ultrasound photo on her fridge?"
"I did, yes."
"What is in this picture?"
"Someone touching a picture of an ultrasound."
"What did you learn about Ms. Birchmore being pregnant?"
"I learned from the Sharon Schools, and from this photo, and I reviewed Canton reports, and I learned it appears she was pregnant."
"Did you see this ultrasound photo on her fridge?"
"I did, yes."
32
Exhibit 10 now.
There is a single chair sitting in the middle of Sandra's room near a window.
"Do you see a poster board on top of a rubber maid bin?"
"Yes."
"Did you review that post board?"
"I don't recall...I know some items talked about a pregnancy...I don't know if I looked at them or was told about them."
There is a single chair sitting in the middle of Sandra's room near a window.
"Do you see a poster board on top of a rubber maid bin?"
"Yes."
"Did you review that post board?"
"I don't recall...I know some items talked about a pregnancy...I don't know if I looked at them or was told about them."
33
"How does what you saw rolled up in Ms. Birchmore's bedroom line up with what you are now seeing in Exhibit 106?"
"It may very well be the same. It very well could be. The outline appears to be the same as to the color border. It very well could be the same."
"Move to admit 106."
"Objection, foundation."
"Counsel?"
"The witness said he identified it as the same border, writing, and 106 and the court can compare 106 and 110."
"Objection overruled, it is admitted and published."
"It may very well be the same. It very well could be. The outline appears to be the same as to the color border. It very well could be the same."
"Move to admit 106."
"Objection, foundation."
"Counsel?"
"The witness said he identified it as the same border, writing, and 106 and the court can compare 106 and 110."
"Objection overruled, it is admitted and published."
34
@Estey617 The poster board says;
"Congrats we are going to be parents, 2021."
This is what Sandra texted a picture of to Farwell earlier that day. She made the sign by hand.
"Congrats we are going to be parents, 2021."
This is what Sandra texted a picture of to Farwell earlier that day. She made the sign by hand.
35
We will now look at exhibit 37.
"Do you see anything on Ms. Birchmore's chest?"
Oh my God, we are looking at a picture of Sandra's bloodied face.
Her nose is clearly damaged. She has some pooling of blood by her cheek.
We zoom in on her bloodied face.
Sandra's eyes are closed. She has her sweatshirt ripped open and she has a blue shirt on underneath.
She has a pink flamingo necklace.
"Does the State Police have that pendant?"
"No."
"Did you collect it from the scene?"
"No."
"Why didn't you collect it from the scene?"
"This came up later...uh...it was broken at the scene and eventually learned about it, but I didn't find it at the time."
"How did you not find this on Sandra's body?"
Objection.
"Do you see anything on Ms. Birchmore's chest?"
Oh my God, we are looking at a picture of Sandra's bloodied face.
Her nose is clearly damaged. She has some pooling of blood by her cheek.
We zoom in on her bloodied face.
Sandra's eyes are closed. She has her sweatshirt ripped open and she has a blue shirt on underneath.
She has a pink flamingo necklace.
"Does the State Police have that pendant?"
"No."
"Did you collect it from the scene?"
"No."
"Why didn't you collect it from the scene?"
"This came up later...uh...it was broken at the scene and eventually learned about it, but I didn't find it at the time."
"How did you not find this on Sandra's body?"
Objection.
36
@Estey617 "Did you look at Sandra's body at the scene?"
"Yes."
"How did you miss this?"
"I do not inventory jewelry. I didn't see it...it came up later and I [trails off.]"
"Okay, take that exhibit down."
Wow, this is an interrogation of the state police by the DOJ!
"Yes."
"How did you miss this?"
"I do not inventory jewelry. I didn't see it...it came up later and I [trails off.]"
"Okay, take that exhibit down."
Wow, this is an interrogation of the state police by the DOJ!
37
"Did you see this baby stroller?"
"No, I know there were some items mentioning pregnancy, but I didn't find a baby stroller."
"Did you look for packages of baby items or otherwise that were delivered to Ms. Birchmore?"
"No, and I don't think I've ever done that. I have never done that for an unattended death."
"No, I know there were some items mentioning pregnancy, but I didn't find a baby stroller."
"Did you look for packages of baby items or otherwise that were delivered to Ms. Birchmore?"
"No, and I don't think I've ever done that. I have never done that for an unattended death."
38
"Trooper Dunne, earlier I asked you questions about the state of Ms. Birchmore's bed...is exhibit 544 another photo of Ms. Birchmore's bed?"
"Yes."
"Now, when you entered the room, the journal entry was not on Sandra Birchmore's bed, right?"
"Correct."
"Who put that journal entry on the bed?"
"I don't remember, maybe the Canton PD, or maybe Trooper Tufts...they went looking for a suicide note. They didn't find one...but I don't know who put the journal entry on the bed for that picture."
"Yes."
"Now, when you entered the room, the journal entry was not on Sandra Birchmore's bed, right?"
"Correct."
"Who put that journal entry on the bed?"
"I don't remember, maybe the Canton PD, or maybe Trooper Tufts...they went looking for a suicide note. They didn't find one...but I don't know who put the journal entry on the bed for that picture."
39
@Estey617 "Did you find a suicide note?"
"No."
"When was Ms. Birchmore discharged from the army?"
"I believe it was years earlier."
"No."
"When was Ms. Birchmore discharged from the army?"
"I believe it was years earlier."
40
"Is this ligature the same one that was found on Sandra?"
"Yes."
We now see the ligature used to hang Sandra, after it was removed from Sandra's body.
"Please now look at exhibit 83."
"I have it here, sir."
"Thank you, will you look inside and my question is do you recognize the item inside?"
"This appears to be that same ligature."
Admitted as 83.
"Yes."
We now see the ligature used to hang Sandra, after it was removed from Sandra's body.
"Please now look at exhibit 83."
"I have it here, sir."
"Thank you, will you look inside and my question is do you recognize the item inside?"
"This appears to be that same ligature."
Admitted as 83.
41
"Can we move now please to exhibit 9, that has been previously admitted?"
"It may be published." - Judge
"Can you please zoom in on the rubber maid container on the right hand side?"
"Yes."
"Do you see the duffle bag next to the rubber maid container?"
"Yes, it's the same duffle bag that the strap came from. It was a carry strap to an ACU - Atom (adam?) bag."
"What is ACU?"
"It's an Army Combat Uniform. it's a camo pattern that was used for a period of time in the army in the 2000's."
"It may be published." - Judge
"Can you please zoom in on the rubber maid container on the right hand side?"
"Yes."
"Do you see the duffle bag next to the rubber maid container?"
"Yes, it's the same duffle bag that the strap came from. It was a carry strap to an ACU - Atom (adam?) bag."
"What is ACU?"
"It's an Army Combat Uniform. it's a camo pattern that was used for a period of time in the army in the 2000's."
42
@Estey617 "What, if anything, was done on scene to inspect the bag?"
"I noted that there was no carrier strap which would potentially correspond to the ligature that was affixed to the door handle around Ms. Birchmore's death."
"You noted that in your report?"
"Yes, sir."
"I noted that there was no carrier strap which would potentially correspond to the ligature that was affixed to the door handle around Ms. Birchmore's death."
"You noted that in your report?"
"Yes, sir."
43
"Does the OCME send people to the scene of unattended deaths?"
"They do, yes."
"Help me understand what happened when the OCME staff arrived to remove the body?"
"They will find the most practical way to remove the body from the location. It depends on if it's the woods or an apartment building. They create a plan, they go next to the body to collect it in the most efficient way possible. They inventory items. They note what clothing he or she is wearing, so forth."
"Is it your practice to move a body before the OCME arrives?"
"It depends. Every scene is different. It's not common practice. If there's no reason attached to it, no, but maybe if there was a reason."
"They do, yes."
"Help me understand what happened when the OCME staff arrived to remove the body?"
"They will find the most practical way to remove the body from the location. It depends on if it's the woods or an apartment building. They create a plan, they go next to the body to collect it in the most efficient way possible. They inventory items. They note what clothing he or she is wearing, so forth."
"Is it your practice to move a body before the OCME arrives?"
"It depends. Every scene is different. It's not common practice. If there's no reason attached to it, no, but maybe if there was a reason."
44
"What steps did you take to collect the duffle bag?"
"The duffle bag was not collected. The ligature was sent to the OCME. In most cases the ligature has been cut off something."
"Could the duffle bag have been sent to the state police crime lab?"
"It could have been, but when there's no obvious indication of foul play then we probably not collect that or sent it to the OCME."
"The duffle bag was not collected. The ligature was sent to the OCME. In most cases the ligature has been cut off something."
"Could the duffle bag have been sent to the state police crime lab?"
"It could have been, but when there's no obvious indication of foul play then we probably not collect that or sent it to the OCME."
45
"So, in this case, what happened to Ms. Birchmore's body once the OCME staff arrived?"
"She would have been removed from the scene. She would have been inventoried. The crime scene services staff would take high resolution photos of her body, her torso, front and back. Then they would place Ms. Birchmore in a bag, then cover it and transport the body as fast as possible."
"She would have been removed from the scene. She would have been inventoried. The crime scene services staff would take high resolution photos of her body, her torso, front and back. Then they would place Ms. Birchmore in a bag, then cover it and transport the body as fast as possible."
46
@Estey617 "Just for the witness, 550 and 551 exhibits please?"
"What do these depict?"
"The umm back and upper torso of Ms. Birchmore."
"When were these taken?"
"Ummm...on February 1st...excuse me February 4, 2021.."
"What do these depict?"
"The umm back and upper torso of Ms. Birchmore."
"When were these taken?"
"Ummm...on February 1st...excuse me February 4, 2021.."
47
@Estey617 "After Sandra was taken down?"
"After she was taken down, yes."
We're now looking at Sandra's back. It has heavy pooling of blood from 1 inch above Sandra's waist line to about 6 inches below her neck. She was clearly laying on her back, not her behind, when she was hung.
"After she was taken down, yes."
We're now looking at Sandra's back. It has heavy pooling of blood from 1 inch above Sandra's waist line to about 6 inches below her neck. She was clearly laying on her back, not her behind, when she was hung.
48
@Estey617 "We just saw a photo of Ms. Birchmore's back. What did you do to inspect Ms. Birchmore's chest area underneath her clothes?"
"Nothing, that would not be done on scene."
"Exhibit 27, please."
"It may be published."
"Nothing, that would not be done on scene."
"Exhibit 27, please."
"It may be published."
49
"What is depicted here?"
"Ms. Birchmore's living room."
"What did you observe about the items on the floor? Did you see cat fur and feces on the floor?"
"I do recall cat fur, yes."
"Did you see a cat?"
"Nope. Not that I recall. I've been to crime scenes where there are domestic animals and they hide pretty effectively. I don't recall seeing a cat there."
"Ms. Birchmore's living room."
"What did you observe about the items on the floor? Did you see cat fur and feces on the floor?"
"I do recall cat fur, yes."
"Did you see a cat?"
"Nope. Not that I recall. I've been to crime scenes where there are domestic animals and they hide pretty effectively. I don't recall seeing a cat there."
50
@Estey617 "You've been an investigator for a few years?"
"Yes."
"People who commit suicide often leave notes, don't they?"
"That is correct, some do."
"In fact, you've been to some scenes with multiple notes?"
"Oh, yes."
"Yes."
"People who commit suicide often leave notes, don't they?"
"That is correct, some do."
"In fact, you've been to some scenes with multiple notes?"
"Oh, yes."
51
@Estey617 "On the topic of your experience, you're not aware of any other scene where a pregnant woman committed suicide?"
"A pregnant woman? Probably not. That would be a very small sample size. But I don't recall one, no."
Long pause for effect from the DOJ.
"A pregnant woman? Probably not. That would be a very small sample size. But I don't recall one, no."
Long pause for effect from the DOJ.
52
@Estey617 "You looked at Ms. Birchmore's body at the scene right?"
"Yes."
"But you did not look under her clothing?"
"No, that would be done by the OCME."
"Yes."
"But you did not look under her clothing?"
"No, that would be done by the OCME."
53
@Estey617 "Exhibit 15, please."
"What, if anything, did you and your fellow troopers do to preserve and collect any of the items depicted in this photo of Sandra's bed?"
"No, we didn't do anything."
"What, if anything, did you and your fellow troopers do to preserve and collect any of the items depicted in this photo of Sandra's bed?"
"No, we didn't do anything."
54
@Estey617 "Was the answer no?"
"Objection."
"Overruled."
"Objection."
"Overruled."
55
@Estey617 "Can we zoom in on the laundry area of Sandra's apartment now?"
"What, if anything, did you do to preserve or document items in this area?"
"Nothing."
"What, if anything, did you do to preserve or document items in this area?"
"Nothing."
56
@Estey617 "You've investigated deaths that involve homicides and suicides, including other criminal investigations, right?"
"Yes."
"In death investigations will the investigators often talk to the neighbors of the decedent?"
"Sometimes, yes that happens."
"Yes."
"In death investigations will the investigators often talk to the neighbors of the decedent?"
"Sometimes, yes that happens."
57
@Estey617 We now see the blue prints of Sandra's apartment building.
"Trooper Dunne, do you remember Sandra's apartment number?"
"3307."
"Is that the apartment that is right in the middle near the elevator lobby with the number 3307 marked?"
"Yes."
"Trooper Dunne, do you remember Sandra's apartment number?"
"3307."
"Is that the apartment that is right in the middle near the elevator lobby with the number 3307 marked?"
"Yes."
58
"If you look at Ms. Birchmore's apartment, 307, and you go to the left one apartment, what if anything did you do to talk to the person with the adjoining basement in the adjacent apartment?"
"Apartment 3305, I did nothing."
"What about 3309?"
"We did not speak to that apartment."
"Apartment 3305, I did nothing."
"What about 3309?"
"We did not speak to that apartment."
59
"Now, Ms. Birchmore's door opens to the elevator lobby area and 3308 is right across the hall, is that right?"
"Yes."
"You were obviously at this complex, right?"
"I was."
"From your experience, if you were standing at the door of 3308 with your back to the door, what could you see as to the door of Sandra's apartment?"
"You would be looking at the front door of Sandra's apartment."
"What did you do to speak to the person living at 3308?"
"There was no one living there."
"What did you do to speak to the person living there?"
"We did not talk to the person in 3308?"
"What efforts did you make to talk to that person?"
Objection.
Overuled.
"There was no attempt made. I can explain if you'd let me."
DOJ does not let him explain.
"Are there ways to flag a death as suspicious?"
"Certainly, most often that is done by the reporting agency...that is how it is flagged usually."
"Yes."
"You were obviously at this complex, right?"
"I was."
"From your experience, if you were standing at the door of 3308 with your back to the door, what could you see as to the door of Sandra's apartment?"
"You would be looking at the front door of Sandra's apartment."
"What did you do to speak to the person living at 3308?"
"There was no one living there."
"What did you do to speak to the person living there?"
"We did not talk to the person in 3308?"
"What efforts did you make to talk to that person?"
Objection.
Overuled.
"There was no attempt made. I can explain if you'd let me."
DOJ does not let him explain.
"Are there ways to flag a death as suspicious?"
"Certainly, most often that is done by the reporting agency...that is how it is flagged usually."
60
"Are you aware of how to call the OCME?"
"Yes."
"Are you able to flag a death as suspicious to the OCME?"
"Yes, I can expand on some conversations with the OCME..."
"Sir, we'll get to that later...you're familiar with the general procedures with how the OCME generally processes a body when it is flagged as suspicious right?"
"In general terms, yes, but in specifics, no."
"Yes."
"Are you able to flag a death as suspicious to the OCME?"
"Yes, I can expand on some conversations with the OCME..."
"Sir, we'll get to that later...you're familiar with the general procedures with how the OCME generally processes a body when it is flagged as suspicious right?"
"In general terms, yes, but in specifics, no."
61
"You work death investigations in Massachusetts right?"
"Yes."
"And the OCME is the primary office that processes bodies in connection with your investigations?"
"There...there investigation and determination is independent of ours. They are focused on pathology and medical expertise as opposed to law enforcement. There will certainly be information sharing."
"You've had experience working alongside the OCME, right?"
"Working alongside is not the best way to describe it. Interacting is a better word."
"Yes."
"And the OCME is the primary office that processes bodies in connection with your investigations?"
"There...there investigation and determination is independent of ours. They are focused on pathology and medical expertise as opposed to law enforcement. There will certainly be information sharing."
"You've had experience working alongside the OCME, right?"
"Working alongside is not the best way to describe it. Interacting is a better word."
62
"What have you learned about how the OCME treats bodies that have been deemed a suspicious death?"
"They have specific protocols that they follow."
"What are some things that the OCME will do differently when the death is suspicious?"
"It depends on the case. They have specific policies and procedures. But again it might depend on the nature of the death."
"I'm only looking for your understanding. What do you understand the OCME to do different when a death is deemed suspicious?"
"Objection as to form."
"Sustained as to this question."
"They have specific protocols that they follow."
"What are some things that the OCME will do differently when the death is suspicious?"
"It depends on the case. They have specific policies and procedures. But again it might depend on the nature of the death."
"I'm only looking for your understanding. What do you understand the OCME to do different when a death is deemed suspicious?"
"Objection as to form."
"Sustained as to this question."
63
"What, if anything, does the OCME staff do when they receive a body that has been deemed a suspicious death as to when it is not suspicious?"
Objection. Overruled."
"I am aware that there are protocols...different protocols...that are, say I had an in-depth knowledge about what would happen in the broad sense...I'm really, I'm not certain, I could probably infer based on certain cases what they would do but I'm just not at all versed."
Objection. Overruled."
"I am aware that there are protocols...different protocols...that are, say I had an in-depth knowledge about what would happen in the broad sense...I'm really, I'm not certain, I could probably infer based on certain cases what they would do but I'm just not at all versed."
64
"What protocols do they have?"
"I am getting outside my depth here. I know they have specific protocols."
"And you know Ms. Birchmore's death was deemed not suspicious?"
"I don't know that...can you ask that question different?"
"And you know Ms. Birchmore's death was deemed not suspicious?"
"By Canton or by the OCME?"
"Did you declare it a suspicious death?"
"No."
Long silence for effect.
"I am getting outside my depth here. I know they have specific protocols."
"And you know Ms. Birchmore's death was deemed not suspicious?"
"I don't know that...can you ask that question different?"
"And you know Ms. Birchmore's death was deemed not suspicious?"
"By Canton or by the OCME?"
"Did you declare it a suspicious death?"
"No."
Long silence for effect.
65
"Where did you go on February 5, 2021?"
"I went to East Elementary School in Sharon where Ms. Birchmore worked."
"Who did you meet with you?"
"The principal, the vice principal and the school nurse all at once."
"During those interviews, the principal is Darren Reynolds, right?"
"Yes."
"I went to East Elementary School in Sharon where Ms. Birchmore worked."
"Who did you meet with you?"
"The principal, the vice principal and the school nurse all at once."
"During those interviews, the principal is Darren Reynolds, right?"
"Yes."
66
"What, if anything, did the principal say about Ms. Birchmore being an oversharer?"
"I don't know who said that, the vice principal or the principal talked about Sandra's employment, her time at the school...I don't know if she was saying Sandra over-shared."
"What did the principal tell you about Matthew Farwell?
"That Matthew Farwell would have more information."
"I don't know who said that, the vice principal or the principal talked about Sandra's employment, her time at the school...I don't know if she was saying Sandra over-shared."
"What did the principal tell you about Matthew Farwell?
"That Matthew Farwell would have more information."
67
"You had met Matthew Farwell before right?"
"We had been in the same geographic location before yes. He was at an unattended death. The defendant showed up during that investigation."
"What kind of death?"
"It was a suicide by firearm."
"Why was Mr. Farwell there?"
"He showed up to assist the case officer who was a detective sergeant at the time."
"What did you and Mr. Farwell do at the time?"
"We investigated the circumstances of the death. We searched the homes for additional firearms."
"We had been in the same geographic location before yes. He was at an unattended death. The defendant showed up during that investigation."
"What kind of death?"
"It was a suicide by firearm."
"Why was Mr. Farwell there?"
"He showed up to assist the case officer who was a detective sergeant at the time."
"What did you and Mr. Farwell do at the time?"
"We investigated the circumstances of the death. We searched the homes for additional firearms."
68
@Estey617 "You met Matthew Farwell on a second time, right"
"Yes, he was working a homicide in Stoughton."
"Are those the only times you interacted with the defendant?"
"Honestly, I don't know. I've thought about that a lot over the past 5 years. I don't know."
"Yes, he was working a homicide in Stoughton."
"Are those the only times you interacted with the defendant?"
"Honestly, I don't know. I've thought about that a lot over the past 5 years. I don't know."
69
"Back to the principal, how soon after you started the interview did the principal mention the name Matthew Farwell?"
"Very early often."
"Who else was in the interview?"
"Trooper Tufts and myself. Then I believe it was the principal, vice principal and the school nurse."
"Cheryl Carlson?"
"Yes, she was there."
"What did Ms. Carlson say about Ms. Birchmore being an oversharer?"
"There were some comments about Ms. Birchmore oversharing at the school yes."
"What did Ms. Carlson say to you about the father of Sandra's baby being a married police man?"
"I don't have the information but that sounds like something she said, yes."
"Very early often."
"Who else was in the interview?"
"Trooper Tufts and myself. Then I believe it was the principal, vice principal and the school nurse."
"Cheryl Carlson?"
"Yes, she was there."
"What did Ms. Carlson say about Ms. Birchmore being an oversharer?"
"There were some comments about Ms. Birchmore oversharing at the school yes."
"What did Ms. Carlson say to you about the father of Sandra's baby being a married police man?"
"I don't have the information but that sounds like something she said, yes."
70
"At the time, the defendant was a Stoughton Police officer, right?"
"Yes."
"Did you also meet with a teacher named Kimberly?"
"Yes, she also told me that Sandra was an oversharer. She told me that the information was more personal than professional."
"What did she tell you about Ms. Birchmore dating a police officer who was 11 years older than her and that he had two kids of his own?"
"That's exactly what she told. She told me that, and that he was married."
"What did she tell you about Sandra wanting to get married and the man saying yes, after a long time?"
"That sounds correct."
"And what about Sandra getting pregnant? Did she tell you that?"
"Yes."
"Yes."
"Did you also meet with a teacher named Kimberly?"
"Yes, she also told me that Sandra was an oversharer. She told me that the information was more personal than professional."
"What did she tell you about Ms. Birchmore dating a police officer who was 11 years older than her and that he had two kids of his own?"
"That's exactly what she told. She told me that, and that he was married."
"What did she tell you about Sandra wanting to get married and the man saying yes, after a long time?"
"That sounds correct."
"And what about Sandra getting pregnant? Did she tell you that?"
"Yes."
71
"Did Kimberly tell you that Sandra was always on her phone?"
"Yes, she told me that."
"Did another teacher tell you Sandra's boyfriend was a Stoughton police officer?"
"Yes, Ms. Guzman."
"Did you know the defendant's name at that point?"
"Yes."
"Did Ms. Guzman tell you the father and Sandra were discussing singing the birth certificate?"
"Yes."
"Did Ms. Guzman tell you that Ms. Birchmore and the defendant were not going to have a relationship after that point?"
"May I consult my report?"
"You may."
"Yes, she told me that."
"Did another teacher tell you Sandra's boyfriend was a Stoughton police officer?"
"Yes, Ms. Guzman."
"Did you know the defendant's name at that point?"
"Yes."
"Did Ms. Guzman tell you the father and Sandra were discussing singing the birth certificate?"
"Yes."
"Did Ms. Guzman tell you that Ms. Birchmore and the defendant were not going to have a relationship after that point?"
"May I consult my report?"
"You may."
72
@Estey617 Witness has his memory refreshed on his report. He reads his report.
73
"Now, Trooper Dunne, did you also talk to a recess monitor at the school?"
"Yes, that morning on Feb. 5th."
"Did that monitor share with you similar facts?"
"Yes."
"In fact, what did she share with you about Sandra's Boyfriend being a 35 year old police officer."
"That sounds dead accurate."
"Yes, that morning on Feb. 5th."
"Did that monitor share with you similar facts?"
"Yes."
"In fact, what did she share with you about Sandra's Boyfriend being a 35 year old police officer."
"That sounds dead accurate."
74
@Estey617 "What did the monitor say, if anything, about the fact that Ms. Birchmore was happy?"
"She said Ms. Birchmore seemed generally happy and was doing well."
"She said Ms. Birchmore seemed generally happy and was doing well."
75
"Ms. Stevens would you like an instruction to the jury on this?"
"Yes, and we want to inquire on cross."
Judge says;
"So, this is another instance...remember, there are certain pieces of testimony being offered for a specific purpose but you can't consider it for any other purpose. Here the Trooper is talking about statements made by other people. This is only as to the impact on his and the investigative steps he took."
"Yes, and we want to inquire on cross."
Judge says;
"So, this is another instance...remember, there are certain pieces of testimony being offered for a specific purpose but you can't consider it for any other purpose. Here the Trooper is talking about statements made by other people. This is only as to the impact on his and the investigative steps he took."
76
"At some point, you wrapped up all interviews at Easy Elementary?"
"Yes."
"From all of those people, what did you know about Mr. Birchmore's habit of oversharing?"
"At least 2-3 people form those initial rounds of interview, it was learned that Ms. Birchmore tended to share a great deal of personal information."
"What did you learn from those interviews about Sandra's practice of sharing about her pregnancy?"
"About the same, she over shared."
"What did you know about Sandra's relationship with a Stoughton police detective, who was 35, married and had 2 kids?"
"We learned that right away after getting to the school."
"Yes."
"From all of those people, what did you know about Mr. Birchmore's habit of oversharing?"
"At least 2-3 people form those initial rounds of interview, it was learned that Ms. Birchmore tended to share a great deal of personal information."
"What did you learn from those interviews about Sandra's practice of sharing about her pregnancy?"
"About the same, she over shared."
"What did you know about Sandra's relationship with a Stoughton police detective, who was 35, married and had 2 kids?"
"We learned that right away after getting to the school."
77
@Estey617 "You were trained on how to conduct a homicide investigation, right?"
"Yes."
"And that includes what kind of information exists that would impact if something is a homicide?"
"Yes."
"What does the word 'motive', mean?"
"The reason someone does something, often a crime."
"Yes."
"And that includes what kind of information exists that would impact if something is a homicide?"
"Yes."
"What does the word 'motive', mean?"
"The reason someone does something, often a crime."
78
"At this moment, as you left East Elementary, what was your plan to contact Matthew Farwell?"
"When we left the school, we were going to interview Darlene Smith..."
"What was your plan to contact the defendant?"
"The first thing I did was notify the case supervisor about the relationship between Farwell and Ms. Birchmore."
Uh oh, Brian Tully.
"When we left the school, we were going to interview Darlene Smith..."
"What was your plan to contact the defendant?"
"The first thing I did was notify the case supervisor about the relationship between Farwell and Ms. Birchmore."
Uh oh, Brian Tully.
79
"What was your plan to contact Mr. Farwell?"
"I contacted the case supervisor?"
"I'll ask it again; what was your plan, leaving the school, to contact Mr. Farwell?"
"I didn't...he was going to be contacted eventually."
"You didn't contact him on Feb 5th, though, did you?"
"No."
"I contacted the case supervisor?"
"I'll ask it again; what was your plan, leaving the school, to contact Mr. Farwell?"
"I didn't...he was going to be contacted eventually."
"You didn't contact him on Feb 5th, though, did you?"
"No."
80
@Estey617 This is a brutal take down of Brian Tully's state police unit.
If this entire trial is like this, it's all over for MSP (and all of their shady PI's and CI's).
If this entire trial is like this, it's all over for MSP (and all of their shady PI's and CI's).
81
"Has the OCME, during any investigation, asked you about what the state police find during investigations?"
"It's rare...most of the time it's us passing information to them. It has certainly happened sometimes, but it's rare?"
"So it's the state police investigative unit who has to pass evidence to the OCME?"
"I don't know if it's their reasonability, but there is heavy information sharing to make sure information flowed both ways."
"It's rare...most of the time it's us passing information to them. It has certainly happened sometimes, but it's rare?"
"So it's the state police investigative unit who has to pass evidence to the OCME?"
"I don't know if it's their reasonability, but there is heavy information sharing to make sure information flowed both ways."
82
@Estey617 "You talked to Principal Reynolds at 11:15am on Feb 5?"
"Yes."
"When was the autopsy for Sandra Birchmore?"
"That day."
"Are you permitted to attend autopsies?"
"Yes."
"Did you attend?"
"No, there was no suspicion of foul play."
"Yes."
"When was the autopsy for Sandra Birchmore?"
"That day."
"Are you permitted to attend autopsies?"
"Yes."
"Did you attend?"
"No, there was no suspicion of foul play."
83
"I notified the case supervisor, John Fanning, about the relationship between Farwell and Birchmore when I got back to the office."
"After informing Fanning, what did you do as to attending the autopsy?"
"I don't think it was discussed at that time. I was going to interview Ms. Smith (Sandra's aunt)."
"So there was no plan to attend the autopsy?"
"No."
"After informing Fanning, what did you do as to attending the autopsy?"
"I don't think it was discussed at that time. I was going to interview Ms. Smith (Sandra's aunt)."
"So there was no plan to attend the autopsy?"
"No."
84
"On Feb 6th, you and other officers return to the Canton Woods Apartment complex right?"
"Yes."
"You mentioned a plan to conduct an interview on Feb 5th?"
"Yes."
"Who was that planned interview going to be with?"
"Trooper Tufts had reached out to Ms. Smith."
"Your planned interview you cited was with Ms. Darlene Smith?"
"Yes."
"Was that an inperson interview?"
"Nope, she wanted to speak by phone."
"Yes."
"You mentioned a plan to conduct an interview on Feb 5th?"
"Yes."
"Who was that planned interview going to be with?"
"Trooper Tufts had reached out to Ms. Smith."
"Your planned interview you cited was with Ms. Darlene Smith?"
"Yes."
"Was that an inperson interview?"
"Nope, she wanted to speak by phone."
85
@Estey617 "So you're planned interview was a telephone interview with Ms. Smith?"
"Yes."
"Now, let's go to Feb 6th?"
"Where did you go on that morning?"
"The Canton Woods leasing office. I met with Canton PD members there, Trooper Tufts and property management."
"Yes."
"Now, let's go to Feb 6th?"
"Where did you go on that morning?"
"The Canton Woods leasing office. I met with Canton PD members there, Trooper Tufts and property management."
86
@Estey617 "Who was there when you arrived?"
"Trooper Tufts, Canton PD and Property Manager."
"What were they doing?"
"Reviewing and extracting the camera footage from the lobby of building 3."
"Trooper Tufts, Canton PD and Property Manager."
"What were they doing?"
"Reviewing and extracting the camera footage from the lobby of building 3."
87
"This is exhibit 40, does it look familiar to you?"
"It does, this is the footage from the lobby camera."
"What were you and the other troopers trying to find out about Sandra Birchmore at the time?"
"We wanted to get an understanding or a timeline of when she was last seen alive?"
"And were you able to do that?"
"We were."
"It does, this is the footage from the lobby camera."
"What were you and the other troopers trying to find out about Sandra Birchmore at the time?"
"We wanted to get an understanding or a timeline of when she was last seen alive?"
"And were you able to do that?"
"We were."
88
@Estey617 "Exhibit 45 please?"
"It may be published."
We see a video of Sandra walking into her apartment complex after cleaning show off her car.
"Do you recognize the person in this video?"
"Yes, that is Ms. Birchmore."
"It may be published."
We see a video of Sandra walking into her apartment complex after cleaning show off her car.
"Do you recognize the person in this video?"
"Yes, that is Ms. Birchmore."
89
@Estey617 "There was 13 minutes of clock drift that I noticed."
"What is clock drift?"
"This is very common in DVR stand-alone systems, not as much on cloud systems. DVR standalone systems don't always show the same time as the actual. Here, I noted there was 13 minutes of clock drift."
"What is clock drift?"
"This is very common in DVR stand-alone systems, not as much on cloud systems. DVR standalone systems don't always show the same time as the actual. Here, I noted there was 13 minutes of clock drift."
90
"So, what's depicted is 13 minutes ahead of the true time."
"Yes."
"So, let's start with exhibit 40."
"Now, is this the same person as the prior video?"
"Yes, it is."
"Do you remember reviewing this on Feb 6th?"
"Yes. I don't know how in detail we went at the scene. I can expand. But once we realized the last time she was seen was I requeued that Ms. Colleen Crawford a video expert from our office....I requested she pull the video."
"Yes."
"So, let's start with exhibit 40."
"Now, is this the same person as the prior video?"
"Yes, it is."
"Do you remember reviewing this on Feb 6th?"
"Yes. I don't know how in detail we went at the scene. I can expand. But once we realized the last time she was seen was I requeued that Ms. Colleen Crawford a video expert from our office....I requested she pull the video."
91
@Estey617 "Can we go to exhibit 45 please?"
"It may be published."
"Do you recognize this as the last time Ms. Birchmore was seen on camera?"
"Yes, I do."
"It may be published."
"Do you recognize this as the last time Ms. Birchmore was seen on camera?"
"Yes, I do."
92
"So, after you and your colleagues determined when the last time Ms. Birchmore was seen alive on video, did you try to determine something else?"
"Yes, we tried to determine if the defendant, Farwell, is seen on that video and yes, we did see the defendant, Farwell, on the video later that night."
"Exhibit 46 please."
"It may be published."
"Yes, we tried to determine if the defendant, Farwell, is seen on that video and yes, we did see the defendant, Farwell, on the video later that night."
"Exhibit 46 please."
"It may be published."
93
@Estey617 Dunne is trying to get ahead of being exposed as corrupt by the DOJ.
It is not working.
It is not working.
94
@Estey617 "Who is depicted in this video?"
"Matthew Farwell."
"When you were in the room looking at the footage, did anyone else recognize him?"
"Yes, someone from the Canton PD."
"Matthew Farwell."
"When you were in the room looking at the footage, did anyone else recognize him?"
"Yes, someone from the Canton PD."
95
@Estey617 Now we see the video of Farwell leaving Sandra's apartment (exhibit 47).
"Who is depicted here?"
"The defendant, Farwell."
"Who is depicted here?"
"The defendant, Farwell."
96
"After you made your ID of the defendant leaving Ms. Birchmore's apartment, who did you contact?"
"The case supervisor, John Fanning."
"And what did you and Fanning then decide to do?"
"After seeing this video, and extracting it, Fanning wanted to get an understanding of the layout of Ms. Birchmore's apartment, so Tufts, Fanning and one or more members of the Canton PD went in the lobby, took the elevator up, and then went to Ms. Birchmore's apartment. Then, Fanning determined that we needed to interview Farwell right away to "lock him into a statement."
"The case supervisor, John Fanning."
"And what did you and Fanning then decide to do?"
"After seeing this video, and extracting it, Fanning wanted to get an understanding of the layout of Ms. Birchmore's apartment, so Tufts, Fanning and one or more members of the Canton PD went in the lobby, took the elevator up, and then went to Ms. Birchmore's apartment. Then, Fanning determined that we needed to interview Farwell right away to "lock him into a statement."
97
"Now, what did you know about Fanning's relationship with the defendant?"
"Not much. I don't know if they knew each other. I know Fanning was previously a Stoughton Police Officer, which is obviously where the defendant, Farwell, was employed at that time. I had no idea if they knew each other, or had run into each other, other than in a professional capacity."
"You knew the defendant professionally, didn't you?"
"No."
"You had worked with him at least twice before, right?"
"Yes."
Objection. Overruled.
"Not much. I don't know if they knew each other. I know Fanning was previously a Stoughton Police Officer, which is obviously where the defendant, Farwell, was employed at that time. I had no idea if they knew each other, or had run into each other, other than in a professional capacity."
"You knew the defendant professionally, didn't you?"
"No."
"You had worked with him at least twice before, right?"
"Yes."
Objection. Overruled.
98
@Estey617 "Where did Fanning grow up?"
"South Boston and Stoughton."
"Where did the defendant grow up?"
"Stoughton."
"South Boston and Stoughton."
"Where did the defendant grow up?"
"Stoughton."
99
"When you and Fanning reached out to Farwell right away, how did you make contact with him?"
"Fanning reached out to him..."
"How did Fanning have Farwell's number?"
"Farwell was a detective. Fanning had his number. Most of the people in our office have the phone numbers of all detectives in the area."
"Why wasn't the defendant's cell phone in your cell phone?"
"It is in my cellphone?"
"Why didn't you call him?"
"This was a case supervisor's decision?"
"Fanning reached out to him..."
"How did Fanning have Farwell's number?"
"Farwell was a detective. Fanning had his number. Most of the people in our office have the phone numbers of all detectives in the area."
"Why wasn't the defendant's cell phone in your cell phone?"
"It is in my cellphone?"
"Why didn't you call him?"
"This was a case supervisor's decision?"
100
@Estey617 "Were you there for Fanning's telephone call to Fanning?"
"Yes."
"How long was it?"
"I couldn't say, I don't know."
"Was it a few minutes or a few seconds."
"It was in between, something like 'we need to meet,' or 'we need to have a conversation,' something like that."
"Yes."
"How long was it?"
"I couldn't say, I don't know."
"Was it a few minutes or a few seconds."
"It was in between, something like 'we need to meet,' or 'we need to have a conversation,' something like that."
101
"You just told us it was urgently necessary to speak to the defendant at that time?"
"I don't think urgently necessary...the police were there pulling video...we had a finite amount of time to confront him to see if Farwell would admit to being there...so the case officer made that decision."
"You were interested in hearing what the defendant had to say?"
"Very much so."
"So why don't you know what happened during that phone call? Why don't you know what Fanning said during that call?"
"Again, it was just a phone call about needing to meet right now. I don't remember anything being overly notable other than evidently he agreed to meet with us."
"What did Farwell say to Fanning?"
"I wasn't part of that cellphone call."
"Is it your unit's practice to draft reports based on what interviews say?>"
"Yes."
"Is there a report that reflects what Fanning and Farwell talked about that day?"
"If it's in his report, I'm not sure."
"I don't think urgently necessary...the police were there pulling video...we had a finite amount of time to confront him to see if Farwell would admit to being there...so the case officer made that decision."
"You were interested in hearing what the defendant had to say?"
"Very much so."
"So why don't you know what happened during that phone call? Why don't you know what Fanning said during that call?"
"Again, it was just a phone call about needing to meet right now. I don't remember anything being overly notable other than evidently he agreed to meet with us."
"What did Farwell say to Fanning?"
"I wasn't part of that cellphone call."
"Is it your unit's practice to draft reports based on what interviews say?>"
"Yes."
"Is there a report that reflects what Fanning and Farwell talked about that day?"
"If it's in his report, I'm not sure."
102
"You have reviewed a lot of information about this case?"
"Yes."
"Would the defendant's statements in connection with a law enforcement investigation be something you wanted to know?"
"Yes, but I don't know anything about what he said other than he wanted to meet us."
"But you have no idea what else Farwell said to Fanning at the time of that call?"
"No, I have no idea."
"Yes."
"Would the defendant's statements in connection with a law enforcement investigation be something you wanted to know?"
"Yes, but I don't know anything about what he said other than he wanted to meet us."
"But you have no idea what else Farwell said to Fanning at the time of that call?"
"No, I have no idea."
103
"Did you and Fanning have a discussion about your plan for a conversation with the defendant?"
"Yes, some discussion."
"What if anything did you do in prep for that interview to try to preserve the defendant's electronic devices?"
"Ummm, do you mean between when we left Canton Woods and when we met with Farwell?"
"Yes...what was your plan to preserve his electronics?"
"We had no plan."
"Yes, some discussion."
"What if anything did you do in prep for that interview to try to preserve the defendant's electronic devices?"
"Ummm, do you mean between when we left Canton Woods and when we met with Farwell?"
"Yes...what was your plan to preserve his electronics?"
"We had no plan."
104
"Where did you and Fanning plan to conduct the interview of Mr. Farwell?"
"Fanning suggested a school in Stoughton. This was on a weekend. Fanning felt Farwell would lawyer up and not talk. Fanning didn't want to talk about affairs in Farwell's home. Fanning wanted a location where Farwell would feel comfortable."
"What month was this?"
"February."
"What room were you going to use at the school?"
"The parking lot."
"Outside?"
"Yes."
"Fanning suggested a school in Stoughton. This was on a weekend. Fanning felt Farwell would lawyer up and not talk. Fanning didn't want to talk about affairs in Farwell's home. Fanning wanted a location where Farwell would feel comfortable."
"What month was this?"
"February."
"What room were you going to use at the school?"
"The parking lot."
"Outside?"
"Yes."
105
@Estey617 "Do you remember what the school parking lot looked like?"
"Just like a school parking lot. It was the first and only time I've been there."
"Was this a regular place that your unit conducted interviews?"
"No, the intent was to keep the temperature low."
"Just like a school parking lot. It was the first and only time I've been there."
"Was this a regular place that your unit conducted interviews?"
"No, the intent was to keep the temperature low."
106
@Estey617 "Did you go to that parking lot?"
"Yes."
"Did the defendant arrive?"
"Yes, he arrived by car, probably his personal car. I don't remember the make and model."
"Yes."
"Did the defendant arrive?"
"Yes, he arrived by car, probably his personal car. I don't remember the make and model."
107
@Estey617 "Where did your discussion with the defendant occur?"
"The parking lot."
"Was it in a car or outside?"
"Outside."
"And it was February?"
"Yes."
"What was the defendant wearing?"
"I don't recall."
"The parking lot."
"Was it in a car or outside?"
"Outside."
"And it was February?"
"Yes."
"What was the defendant wearing?"
"I don't recall."
108
@Estey617 "During your career, have you ever had success obtaining evidence from suspects clothing or what they were wearing?"
"Yes."
"But you didn't take note of what the defendant was wearing, or try to get evidence, on Feb 6th?"
"No.
"Yes."
"But you didn't take note of what the defendant was wearing, or try to get evidence, on Feb 6th?"
"No.
109
@Estey617 "What did you do in an attempt to check Farwell for injuries."
"We didn't do anything. We looks at his arms when he rolled up his sleeves."
"How long did this interview last?"
"I don't know. 15 minutes maybe. I couldn't tell you."
"We didn't do anything. We looks at his arms when he rolled up his sleeves."
"How long did this interview last?"
"I don't know. 15 minutes maybe. I couldn't tell you."
110
"Who recorded this interview of Matthew Farwell?"
"Fanning."
"Fanning recorded it?"
"Oh, no, Fanning reported it. It was not recorded."
"Why not?"
"At that time we did not have body worn cameras. As long as two troopers were there for the interview we really didn't record it. That has since changed."
"Fanning."
"Fanning recorded it?"
"Oh, no, Fanning reported it. It was not recorded."
"Why not?"
"At that time we did not have body worn cameras. As long as two troopers were there for the interview we really didn't record it. That has since changed."
111
"Did you take notes on the Farwell interview?"
"No."
"Who took notes."
"Neither of us...we wanted to keep the temperature down."
"But I thought you just said notes were taken?"
"I'm sorry, there are no notes."
"So you interviewed Mr. Farwell, did not record it and there were no notes?"
"We wanted to keep the temperature down."
"You didn't want to get the defendant heated up?"
"Yes, we knew his understanding of the law and his understanding of police could potentially get into trouble."
"No."
"Who took notes."
"Neither of us...we wanted to keep the temperature down."
"But I thought you just said notes were taken?"
"I'm sorry, there are no notes."
"So you interviewed Mr. Farwell, did not record it and there were no notes?"
"We wanted to keep the temperature down."
"You didn't want to get the defendant heated up?"
"Yes, we knew his understanding of the law and his understanding of police could potentially get into trouble."
112
"How would you have treated the defendant differently if he wasn't a law enforcement officer like you?"
"I can't say different. Anyone would have been heated up there so we made decisions and his proximity to Ms. Birchmore's death. We wanted a statement of any kind out of him."
"How many unrecorded interviews, without any notes, have you conducted at a school parking lot in Stoughton since then?"
"As I said, it's not entirely unheard...the case officer had a lot of experience in making these kind of decisions."
"I can't say different. Anyone would have been heated up there so we made decisions and his proximity to Ms. Birchmore's death. We wanted a statement of any kind out of him."
"How many unrecorded interviews, without any notes, have you conducted at a school parking lot in Stoughton since then?"
"As I said, it's not entirely unheard...the case officer had a lot of experience in making these kind of decisions."
113
"During that interview, what did the defendant tell you about how he met Ms. Birchmore?"
"He said he met in the police explorer's program about 10 years earlier."
"And there's no recording of this interview?"
"Correct."
"And there's no report you wrote about this interview?"
"No, Fanning wrote the report."
"And Fanning did not submit that report that day?"
"No, he did not submit it that day."
"Did anything prevent you from taking notes on what you heard?"
"No, but it's standard practice, best practice, to only have one report of one thing. We're taught as such."
"He said he met in the police explorer's program about 10 years earlier."
"And there's no recording of this interview?"
"Correct."
"And there's no report you wrote about this interview?"
"No, Fanning wrote the report."
"And Fanning did not submit that report that day?"
"No, he did not submit it that day."
"Did anything prevent you from taking notes on what you heard?"
"No, but it's standard practice, best practice, to only have one report of one thing. We're taught as such."
114
"Do you think some kind of record would help you remember what you saw and heard?"
"Potentially, maybe...but say we had bodycams maybe the defendant would have shut down and not said anything to us...we wanted to lock him into a statement at that stage..."
"At some point during the interview did Farwell say he was at Ms. Birchmore's apartment?"
"Yes."
"When in the interview did he say that?"
"When he was asked when was the last time you saw Ms. Birchmore?"
"Are you sure that was the question he was asked?"
"Can I review the report?"
"Potentially, maybe...but say we had bodycams maybe the defendant would have shut down and not said anything to us...we wanted to lock him into a statement at that stage..."
"At some point during the interview did Farwell say he was at Ms. Birchmore's apartment?"
"Yes."
"When in the interview did he say that?"
"When he was asked when was the last time you saw Ms. Birchmore?"
"Are you sure that was the question he was asked?"
"Can I review the report?"
115
@Estey617 Witness has his memory refreshed.
116
"So, what specific question did you ask the defendant that triggered the response that he had been at Ms. Birchmore's apartment."
"It's not noted."
"I'm asking for your recollection of the specific question..."
"There's no question so I don't know exactly what question was asked."
Long pause.
"It's not noted."
"I'm asking for your recollection of the specific question..."
"There's no question so I don't know exactly what question was asked."
Long pause.
117
"So, what did Mr. Farwell say about the specific time that he had been at her apartment?"
"I believe he said like 9, or 10, or something like that. The times were slightly off but not too far off."
"Did you find it odd at all that he had the times very close to when he was actually there?"
"Not especially, no, he may have consulted his phone."
"Again, that's an assumption that you made?"
"I don't know."
"Did Farwell tell you he consulted his phone?"
"I don't know. It's not in the report."
"I believe he said like 9, or 10, or something like that. The times were slightly off but not too far off."
"Did you find it odd at all that he had the times very close to when he was actually there?"
"Not especially, no, he may have consulted his phone."
"Again, that's an assumption that you made?"
"I don't know."
"Did Farwell tell you he consulted his phone?"
"I don't know. It's not in the report."
118
@Estey617 "So, the notion that Farwell consulted his phone to know the time was just your assumption?"
"It's a possibility. I don't know to be honest."
"You don't know if he consulted his phone?"
"I couldn't say for certain."
This is very intense.
"It's a possibility. I don't know to be honest."
"You don't know if he consulted his phone?"
"I couldn't say for certain."
This is very intense.
119
@Estey617 "The defendant told you other things about his relationship with Sandra Birchmore?"
"He did."
"When did the defendant say his sexual relationship with Sandra Birchmore began?"
"I'd have to consult the report. Within the last, I'd say, 2-3 years."
"He did."
"When did the defendant say his sexual relationship with Sandra Birchmore began?"
"I'd have to consult the report. Within the last, I'd say, 2-3 years."
120
"Trooper Dunne, what did the defendant tell you about when he started a sexual relationship with Sandra Birchmore began?"
"He told us 2020."
"Did you determine if that was accurate?"
"Subsequent to this, we learned that was not accurate."
"What did the defendant say about the circumstances that led to him having a sexual relationship with Ms. Birchmore in 2020?"
"He said he was drunk one night and they encountered each other."
"Was that true?"
"No, it was not true."
"Did the defendant tell you how many times he had sex with Sandra in the past year?"
"Yes, he said 2-3 times."
"He told us 2020."
"Did you determine if that was accurate?"
"Subsequent to this, we learned that was not accurate."
"What did the defendant say about the circumstances that led to him having a sexual relationship with Ms. Birchmore in 2020?"
"He said he was drunk one night and they encountered each other."
"Was that true?"
"No, it was not true."
"Did the defendant tell you how many times he had sex with Sandra in the past year?"
"Yes, he said 2-3 times."
121
"When did the defendant tell you was the last time he had sexual contact with Ms. Birchmore?"
"I don't recall."
"Do you need to read the report?"
"Sgt. Fanning's report?"
"Yes, you didn't write a report, right?"
"Correct."
"When was the last time Farwell told you he had sex with Ms. Birchmore?"
"October of 2020."
"I don't recall."
"Do you need to read the report?"
"Sgt. Fanning's report?"
"Yes, you didn't write a report, right?"
"Correct."
"When was the last time Farwell told you he had sex with Ms. Birchmore?"
"October of 2020."
122
"Did the defendant say something to you about...your honor may I have one moment please [Fogerty consults at counsel table with Riley and Cummings]...Trooper Dunne, what did the defendant say about the reason he went to Sandra's apartment on Feb 1, 2021.
"The account he provided was that he went over there to break up with her."
"What did he say about what he had done previously to all of her communications?"
"He said he deleted her from his social media, he unfriended her, then I believe he deleted their communications."
"The account he provided was that he went over there to break up with her."
"What did he say about what he had done previously to all of her communications?"
"He said he deleted her from his social media, he unfriended her, then I believe he deleted their communications."
123
@Estey617 "What did the defendant tell you about Ms. Birchmore having been sectioned multiple times?"
"I don't know about multiple times, but I do know that he mentioned she had been sections, which is an involuntary commitment to a medical facility."
"I don't know about multiple times, but I do know that he mentioned she had been sections, which is an involuntary commitment to a medical facility."
124
"What, if anything, did you do to speak with the police officers involved in those sectionings?"
"We pulled the police report."
"What was the date of the first incident?"
"I don't know."
"What officers were involved?"
"I don't know."
"Have you reviewed the medical records from those incidents?"
"No."
"We pulled the police report."
"What was the date of the first incident?"
"I don't know."
"What officers were involved?"
"I don't know."
"Have you reviewed the medical records from those incidents?"
"No."
125
@Estey617 "The defendant said there was multiple sectionings right?"
"If that's what the report says, I don't know..."
"Do you want to look at your report again?"
"Sure."
"If that's what the report says, I don't know..."
"Do you want to look at your report again?"
"Sure."
126
@Estey617 "What did the defendant say about Ms. Birchmore having been sectioned?"
"There was only one section mentioned in that report."
Yikes, Dunne just got impeached on direct. Epic.
"There was only one section mentioned in that report."
Yikes, Dunne just got impeached on direct. Epic.
127
"I want to focus you on what the defendant said; did you review a police report related to the section the defendant discussed with you?"
"I don't know what incident he was referring to."
"But that was one incident?"
"Yes, just one."
"Which officers that wrote that section report did you interview?"
"None."
"I don't know what incident he was referring to."
"But that was one incident?"
"Yes, just one."
"Which officers that wrote that section report did you interview?"
"None."
128
@Estey617 "How many of the medical records regarding the incident did you review?"
"None. We talked to Darlene Smith."
"None. We talked to Darlene Smith."
129
@Estey617 "After that interview, did you go to the Stoughton Police Department and interview the defendant's co-workers?"
"On that day?"
"After that interview."
"No, at some point in the initial few days, the Stoughton Police department were contacted..."
"On that day?"
"After that interview."
"No, at some point in the initial few days, the Stoughton Police department were contacted..."
130
@Estey617 "I'll stop you there, we'll come back to that. After you interviewed Farwell in the parking lot, what, if anything, did you do to interview Farwell's co-workers about his behavior leading up to Feb 1st?"
"We did not interview co-workers."
"We did not interview co-workers."
131
"You're a law enforcement officer, right?"
"Yes."
"And law enforcement officers have close relationships with their colleagues?"
"Sometimes."
"And you have training as to observation and what you should infer from observations?"
"I suppose so."
"And you didn't interview any of Farwell's co-workers after you talked to him on Feb 6th?"
"Correct. Our focus was on Ms. Birchmore's side of things. So, to answer your question, that's correct."
"Yes."
"And law enforcement officers have close relationships with their colleagues?"
"Sometimes."
"And you have training as to observation and what you should infer from observations?"
"I suppose so."
"And you didn't interview any of Farwell's co-workers after you talked to him on Feb 6th?"
"Correct. Our focus was on Ms. Birchmore's side of things. So, to answer your question, that's correct."
132
@Estey617 "So, you were more interested in looking into Ms. Birchmore rather than the masked man at her apartment on Feb 1st?"
"Yes..."
"Objection"
"Sustained, struck."
"Yes..."
"Objection"
"Sustained, struck."
133
"What did your state police unit do to preserve video footage from before Feb 1st?"
"We didn't do anything. We had a good handle on what happened."
"Going back to your training, would it be fair to say from an investigative standpoint it is better to find a decedent closer to the time of death rather than later?"
"It's better to find them closer in time for investigative purposes."
"We didn't do anything. We had a good handle on what happened."
"Going back to your training, would it be fair to say from an investigative standpoint it is better to find a decedent closer to the time of death rather than later?"
"It's better to find them closer in time for investigative purposes."
134
@Estey617 "What challenges do you run into when you discover someone who has perished long after they died?"
"Decomposition, other things of that nature."
"Morning break until 11:25AM!"
"Decomposition, other things of that nature."
"Morning break until 11:25AM!"
135
@Estey617 God bless you all.
Thank you for your support.
Donation information below;
Cashapp: cash.app/$grantsmithell…
Venmo: account.venmo.com/u/Grant-E1
Paypal = paypal.com/paypalme/Grant…
Thank you for your support.
Donation information below;
Cashapp: cash.app/$grantsmithell…
Venmo: account.venmo.com/u/Grant-E1
Paypal = paypal.com/paypalme/Grant…
136
@Estey617 Wow.
Josh Levy, the US Attorney who started this case, was in the courtroom just now!
He sat next to The Queen Of France, @BoozeyBeauty!
Josh Levy, the US Attorney who started this case, was in the courtroom just now!
He sat next to The Queen Of France, @BoozeyBeauty!
137
@Estey617 @BoozeyBeauty We are back in session.
"Was Yuri Bukhenik also a member of CPAC?"
"Yes."
"And where did he grow up?"
"Stoughton."
"Was Yuri Bukhenik also a member of CPAC?"
"Yes."
"And where did he grow up?"
"Stoughton."
138
@Estey617 @BoozeyBeauty "When was the first time you learned the Norfolk CPAC unit got digital data from the defendant's phone?"
"Around Feb 9th."
"When did you originally search Sandra Birchmore's laptop?"
"Nick Guarino originally searched the laptop."
"Around Feb 9th."
"When did you originally search Sandra Birchmore's laptop?"
"Nick Guarino originally searched the laptop."
139
"After getting the laptop, did you interview the defendant's brother?"
"Yes, on Feb 11th?"
"Who did you go to the interview with?"
"Fanning."
"Okay, how was that interview arrange?"
"It was going to be in much the same manner in order to get Billy Farwell, the Defendant's brother, to talk to us so he wouldn't retain counsel."
"You said this twice now that it was Fanning's idea to do it in this manner, did you disagree with that?"
"No."
"Yes, on Feb 11th?"
"Who did you go to the interview with?"
"Fanning."
"Okay, how was that interview arrange?"
"It was going to be in much the same manner in order to get Billy Farwell, the Defendant's brother, to talk to us so he wouldn't retain counsel."
"You said this twice now that it was Fanning's idea to do it in this manner, did you disagree with that?"
"No."
140
@Estey617 @BoozeyBeauty "Where were you going to conduct the interview?"
"The same thing a parking lot."
"A parking lot?"
"Yes, somewhere near Cobb's Corner on the Stoughton line. A parking lot of a store or something."
"The same thing a parking lot."
"A parking lot?"
"Yes, somewhere near Cobb's Corner on the Stoughton line. A parking lot of a store or something."
141
"What did you and Fanning do to record that parking lot interview?"
"It was in the same air as dealing with the defendant. It was not audio or video recorded. A report was written but that was it."
"Did you take notes on this interview?"
"No."
"Did you write a report on this interview?"
"No, Fanning wrote the report."
"That was Feb 11th?"
"Yes."
"On Feb 12th did you interview a woman named Sarah Rowan?"
"Yes."
"It was in the same air as dealing with the defendant. It was not audio or video recorded. A report was written but that was it."
"Did you take notes on this interview?"
"No."
"Did you write a report on this interview?"
"No, Fanning wrote the report."
"That was Feb 11th?"
"Yes."
"On Feb 12th did you interview a woman named Sarah Rowan?"
"Yes."
142
"What, if anything, did Ms. Rowan tell you that Ms. Birchmore said she told the defendant?"
"Objection. Layers of hearsay."
"Yes, so, counsel, view on whether this fits into my prior ruling?"
"This is the same time as the court's prior ruling but I can ask another question."
"Yes, please."
"Objection. Layers of hearsay."
"Yes, so, counsel, view on whether this fits into my prior ruling?"
"This is the same time as the court's prior ruling but I can ask another question."
"Yes, please."
143
"What did you learn about Ms. Birchmore's plan to tell the defendant's wife and job about her relationship with the defendant?"
"Ms. Birchmore told Ms. Rowan that she was considering telling Farwell's wife about the affair, and the child, and she was also going to tell his employer the Stoughton Police Department."
"What if anything did that disclosure change how you went about your investigation of Ms. Birchmore's death?"
"This information was being made available to the first assistant district attorney and also the unit commander (Brian Tully). So this was communicated to the DA's side of the house and the criminal investigator's side of the house."
"Ms. Birchmore told Ms. Rowan that she was considering telling Farwell's wife about the affair, and the child, and she was also going to tell his employer the Stoughton Police Department."
"What if anything did that disclosure change how you went about your investigation of Ms. Birchmore's death?"
"This information was being made available to the first assistant district attorney and also the unit commander (Brian Tully). So this was communicated to the DA's side of the house and the criminal investigator's side of the house."
144
@Estey617 @BoozeyBeauty "What, if anything, did the Norfolk DA's office do in Feb of 2021 to prevent you from investigating Sandra Birchmore's death?"
"They didn't prevent us from doing anything."
"Trooper Dunne, please find the binder with the first 7 exhibits. Please look at 52, 53, 55 and 56."
"They didn't prevent us from doing anything."
"Trooper Dunne, please find the binder with the first 7 exhibits. Please look at 52, 53, 55 and 56."
145
@Estey617 @BoozeyBeauty "What is exhibit 50?"
"This is an old phone that belonged to Ms. Birchmore. It was found in her car."
"Objection" - Defense
"Overruled, it is admitted."
"This is an old phone that belonged to Ms. Birchmore. It was found in her car."
"Objection" - Defense
"Overruled, it is admitted."
146
"Let's talk about the digital evidence in this case?"
"Did you personally review text messages between the defendant and Ms. Birchmore?"
"I was told about some of them, but the project of looking at them was done by other troopers."
"Are you aware that Fanning had Ms. Birchmore's laptop in his possession?"
"Did he review that laptop?"
"My understanding is he reviewed communications both on the laptop and in extraction format."
"Did you personally review text messages between the defendant and Ms. Birchmore?"
"I was told about some of them, but the project of looking at them was done by other troopers."
"Are you aware that Fanning had Ms. Birchmore's laptop in his possession?"
"Did he review that laptop?"
"My understanding is he reviewed communications both on the laptop and in extraction format."
147
@Estey617 @BoozeyBeauty "The OCME is an agency of the Commonwealth?"
"Yes."
"Is there a particular medical examiner assigned to each death?"
"Yes."
"Yes."
"Is there a particular medical examiner assigned to each death?"
"Yes."
148
"The OCME rendered an initially on may 6th, 2021?"
"Yes."
"And Ms. Birchmore was found on Feb 4th, 2021?"
"Yes."
"Did you ever speak with the OCME's office between those dates?"
"I spoke to investigators who..."
"Did you personally speak to the OCME?"
"So, Fanning did on multiple occasions."
"Yes."
"And Ms. Birchmore was found on Feb 4th, 2021?"
"Yes."
"Did you ever speak with the OCME's office between those dates?"
"I spoke to investigators who..."
"Did you personally speak to the OCME?"
"So, Fanning did on multiple occasions."
149
"Is it the case that you cannot recall the information that you, eventually, relayed to the OCME yourself?"
"At this stage, no, I contacted her on Feb 9th to relay the information we had so far, particularly about Farwell."
"Did you participate in a meeting with the Us Attorney's Office and the FBI in September of 2026?"
"No, I did not."
"Did you come to this building in September of 2026?"
"Yes, I did."
"When you came to this building did you meet with members of the FBI and the US Attorney's Office?"
"Yes."
"At this stage, no, I contacted her on Feb 9th to relay the information we had so far, particularly about Farwell."
"Did you participate in a meeting with the Us Attorney's Office and the FBI in September of 2026?"
"No, I did not."
"Did you come to this building in September of 2026?"
"Yes, I did."
"When you came to this building did you meet with members of the FBI and the US Attorney's Office?"
"Yes."
150
"During that meeting, did you tell the FBI and US Attorney's Office that you had no recollection of what you said to the medical examiner in February of 2021?"
"I still don't recall exactly what I said. I said I had concerns."
"Okay."
Long silence.
Wow, impeached with an FBI 302!
"I still don't recall exactly what I said. I said I had concerns."
"Okay."
Long silence.
Wow, impeached with an FBI 302!
151
@Estey617 @BoozeyBeauty "Trooper Dunne, from your participation in this investigation, did you ever learn that the defendant participated in strangling Ms. Birchmore?"
"Objection!"
Sidebah!
"Objection!"
Sidebah!
152
@Estey617 @BoozeyBeauty Sidebah done.
"Trooper Dunne, do you know what the world strangle means?"
"I believe I do, yes."
"Objection."
"Overruled."
"Trooper Dunne, do you know what the world strangle means?"
"I believe I do, yes."
"Objection."
"Overruled."
153
@Estey617 @BoozeyBeauty "During the course of your investigation did you learn information that suggested the defendant participated in strangling Ms. Birchmore?"
"Objection."
"Sustained until you can lay the foundation."
"Objection."
"Sustained until you can lay the foundation."
154
@Estey617 @BoozeyBeauty "What does the world strangle mean?"
"Forcibly cutting off the air supply at the hands of another."
"Your honor, may we be heard?" - Defense
"Counsel, I'll hear you."
Sidebah!
"Forcibly cutting off the air supply at the hands of another."
"Your honor, may we be heard?" - Defense
"Counsel, I'll hear you."
Sidebah!
155
@Estey617 @BoozeyBeauty Sidebah done.
"Trooper Dunne, during your investigation did you become aware of information that suggested, at times, the defendant grabbed Ms. Birchmore's throat."
"Objection."
"Sustained as to form. Give context, counsel."
"Trooper Dunne, during your investigation did you become aware of information that suggested, at times, the defendant grabbed Ms. Birchmore's throat."
"Objection."
"Sustained as to form. Give context, counsel."
156
"What information did you learn about the defendant putting his hands around Ms. Birchmore's neck?"
"There were text messages, I'm not sure if they were entirely sexual in nature, that involved, in your words, choking."
"How did you knowing that impact your investigation as to the cause and manner of Ms. Birchmore's death?"
"The state police does not determine cause and manner of death, the OCME does that. If we think there is something very important the OCME needs to know, we, or the DA's office, pass that along. We passed them the information gained during the investigation."
"There were text messages, I'm not sure if they were entirely sexual in nature, that involved, in your words, choking."
"How did you knowing that impact your investigation as to the cause and manner of Ms. Birchmore's death?"
"The state police does not determine cause and manner of death, the OCME does that. If we think there is something very important the OCME needs to know, we, or the DA's office, pass that along. We passed them the information gained during the investigation."
157
"But you don't recall what information you sent to the OCME?"
"Yes, I don't recall what I sent or what evidence I provided to the OCME."
"At some point, did you learn information that suggested Sandra Birchmore's cellphone stopped moving while Mr. Farwell was in Ms. Birchmore's apartment?"
"Objection. Lack of underlying facts."
"Counsel, do you want to rephrase the question?"
"At some point, did you become aware of data from Ms. Birchmore's IPhone 12?"
"Yes, certain data of particular use."
"Was the time Ms. Birchmore's phone stopped moving be one of those key events?"
"Yes."
"Yes, I don't recall what I sent or what evidence I provided to the OCME."
"At some point, did you learn information that suggested Sandra Birchmore's cellphone stopped moving while Mr. Farwell was in Ms. Birchmore's apartment?"
"Objection. Lack of underlying facts."
"Counsel, do you want to rephrase the question?"
"At some point, did you become aware of data from Ms. Birchmore's IPhone 12?"
"Yes, certain data of particular use."
"Was the time Ms. Birchmore's phone stopped moving be one of those key events?"
"Yes."
158
@Estey617 @BoozeyBeauty "Did you become aware that Ms. Birchmore's phone stopped moving before the defendant left Ms. Birchmore's apartment?"
"Yes."
"How did you consider that information?"
"It was factored in but it had to be weighed against everything else we knew."
"Yes."
"How did you consider that information?"
"It was factored in but it had to be weighed against everything else we knew."
159
@Estey617 @BoozeyBeauty "Were you aware in 2021 of the defendant's views on masks?"
"Not at the time, I learned second hand about federal agents discovering something about that..."
"Objection."
"Sustained."
"Not at the time, I learned second hand about federal agents discovering something about that..."
"Objection."
"Sustained."
160
"Trooper Dunne, I want to go back to your interview with the defendant on Feb 6th of 2021. During that interview, did he tell you things that you determined were inaccurate?"
"Yes, he did."
"Was one of those things the statement about Farwell's sexual relationship with Ms. Birchmore starting in 2020?"
"Yes, we had information from cellphone and other data that indicated the start date was much earlier than that."
"Yes, he did."
"Was one of those things the statement about Farwell's sexual relationship with Ms. Birchmore starting in 2020?"
"Yes, we had information from cellphone and other data that indicated the start date was much earlier than that."
161
@Estey617 @BoozeyBeauty "What impact did that false statement have on your investigation of Ms. Birchmore's death?"
"It was given weight, but considering the significant other information....it was given weight."
"Your honor, may I have one moment?" - DOJ
"You may."
"It was given weight, but considering the significant other information....it was given weight."
"Your honor, may I have one moment?" - DOJ
"You may."
162
"Trooper Dunne, the genesis of the defendant's relationship with Ms. Birchmore was not the only false statement the defendant made during that interview?"
"Correct."
"Did the defendant also make false statements about how many times he had sex with Sandra Birchmore and when the last time he had sex with her?"
"Yes, certainly as to the number of times he had sex with her, and also probably as to the last date he had sex with her...I'll take your word for it."
"What did these false statements to you and Fanning have on your investigation into how Ms. Birchmore died?"
"We talked to the Norfolk DA, we talked to Brian Tully, and it was given weight. This all has to be taken into consideration."
"Did the Norfolk DA's office tell you to disregard these statements?"
"No."
"Did your unit commander (Brian Tully) tell you to disregard the statements?"
"No."
"Did anyone at the state police tell you to disregard these false statements?"
"No."
"Correct."
"Did the defendant also make false statements about how many times he had sex with Sandra Birchmore and when the last time he had sex with her?"
"Yes, certainly as to the number of times he had sex with her, and also probably as to the last date he had sex with her...I'll take your word for it."
"What did these false statements to you and Fanning have on your investigation into how Ms. Birchmore died?"
"We talked to the Norfolk DA, we talked to Brian Tully, and it was given weight. This all has to be taken into consideration."
"Did the Norfolk DA's office tell you to disregard these statements?"
"No."
"Did your unit commander (Brian Tully) tell you to disregard the statements?"
"No."
"Did anyone at the state police tell you to disregard these false statements?"
"No."
163
@Estey617 @BoozeyBeauty No further questions.
What. An. Epic. Direct.
The courtroom is pin-drop silent.
Defense cross up now.
What. An. Epic. Direct.
The courtroom is pin-drop silent.
Defense cross up now.
164
"You're a member of the state police detective unit, right?"
"Yes."
"And on February 4, 2021, you were called to the scene of Ms. Birchmore's death?"
"Yes."
"And you spoke with Officer Cotard of the Canton PD?"
"Yes."
"And he asked for your help after calling his dispatch?"
"That seems right."
"Yes."
"And on February 4, 2021, you were called to the scene of Ms. Birchmore's death?"
"Yes."
"And you spoke with Officer Cotard of the Canton PD?"
"Yes."
"And he asked for your help after calling his dispatch?"
"That seems right."
165
@Estey617 @BoozeyBeauty "Did you get any memos from the officers at the scene?"
"Yes."
"Did you speak to Officer Cotard about his discussions with the Stoughton School Resource Officer, Ms. Isabelle?"
"Yes. I don't recall exactly who Cotard spoke to."
"Yes."
"Did you speak to Officer Cotard about his discussions with the Stoughton School Resource Officer, Ms. Isabelle?"
"Yes. I don't recall exactly who Cotard spoke to."
166
@Estey617 @BoozeyBeauty Sidebah done.
"More simply put, did you learn information that there were issues with regards to Ms. Birchmore's mental health at the early stage of your investigation and entry into the unit at Canton Woods?"
"I don't believe so. Not very much."
"More simply put, did you learn information that there were issues with regards to Ms. Birchmore's mental health at the early stage of your investigation and entry into the unit at Canton Woods?"
"I don't believe so. Not very much."
167
@Estey617 @BoozeyBeauty "This was about Ms. Birchmore's mental health?"
"Yes."
"You learned that Ms. Birchmore had a history of mental illness?"
Objection.
Sustained.
Sidebah!
"Yes."
"You learned that Ms. Birchmore had a history of mental illness?"
Objection.
Sustained.
Sidebah!
