Defense rests its case after Matthew Farwell chooses to not testify

BOSTON — Closing arguments in the trial of Matthew Farwell are set for Friday after the defense rested its case Wednesday.

Farwell did not take the stand and testify in his own trial, but he was given the opportunity to do so.

Before the lunch break Wednesday, Farwell told the judge his intentions.

“At this time, I do not elect to testify,” said Farwell outside of the presence of the jury.

Then during a sidebar after the final witness, Farwell was given one more chance to decide to take the stand during what’s called a colloquy.

Boston 25 Legal Expert Elyse Hershon explained the colloquy is “basically a telling of his rights and what he wants to do with those rights. So that later, if there were a conviction, defendant can’t say, I didn’t know I had these rights. I didn’t know I could take the stand or I didn’t know I didn’t have to take the stand. The judge puts it all in the record.”

Hershon said it’s not surprising Farwell would not testify.

“There’s a lot here and a lot of other alleged crimes that he would have to admit to. Outside and above what he’s actually on trial for. And that would be very distracting. And I would expect prejudicial to his case,” she said.

Over four weeks, 50 witnesses testified between the prosecution and defense.

The defense called two final people to testify Wednesday.

The defense’s final witness, forensic pathologist Dr. Thomas Andrew, contradicted the prosecution’s witness, Doctor William Smock.

Doctor Smock called Birchmore a victim of a homicidal act.

He determined her cause of death is asphyxial related to strangulation and her manner of death is homicide.

Wednesday, Doctor Thomas Andrew offered a different opinion.

“In this case I would certify cause of death as hanging and the manner as undetermined,” said Doctor Andrew.

The defense then asked, “Do the autopsy findings favor suicide?”

“Yes,” said Doctor Andrew.

The prosecution had a heated cross-examination with Doctor Andrew.

The prosecution said Dr. Andrew didn’t offer the opinion of leaning towards suicide in his report.

Doctor Andrew also appeared irritated with the questions being asked by the prosecution for their previous objections towards him.

Prosecutors allege that Matthew Farwell groomed Sandra Birchmore when she was a minor, would have sex with her in his patrol car while on duty as a Stoughton Police officer, and agreed to have a baby with her to cover up his crimes.

The government believes that when people started to find out, including a dispatcher at his work, they allege Farwell went to Birchmore’s Canton apartment and killed her.

But the defense has said Farwell went there to end their relationship, and Birchmore took her own life.

Closing arguments will start at 10 a.m. on Friday.

The prosecution will be up for an hour and 15 minutes, then the defense will have 90 minutes, and the prosecution will get a final 15-minute rebuttal afterward.

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

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