The case of former Stoughton Police Detective Matthew Farwell, who is accused of murdering Sandra Birchmore, has sparked calls for additional charges under the Unborn Victims of Violence Act. Farwell, 38, allegedly killed Birchmore, 23, in her Canton apartment on February 1, 2021, after she revealed she was pregnant with his child.
Farwell's indictment includes charges related to the murder of Birchmore, who was about two months pregnant at the time. Prosecutors allege Farwell strangled Birchmore and staged her death to appear as a suicide. The disturbing details of the case have led some to argue for the inclusion of an additional charge related to the unborn child.
“It is hard to imagine a more clear-cut case for enforcing federal law for protecting unborn children than this one,” said Roger Severino, Vice President of Domestic Policy at the Heritage Foundation. “The very existence of the unborn child was the very evidence against this monster.”
Birchmore had shared her excitement about the pregnancy with Farwell through a text message, including a photo of a handmade card that read, “Congrats, we are going to be parents!” However, Farwell allegedly reacted negatively to the news, leading to the fatal incident.
Assistant Special Agent in Charge Steve Kelleher from the Boston FBI emphasized the severity of Farwell's actions: “Matthew Farwell’s gun and badge did not grant him authority to violate the Constitution and certainly didn’t entitle him to sexually exploit, abuse, and rape a child before killing her and her unborn baby in an attempt to cover up his alleged crime.”
The Unborn Victims of Violence Act, also known as "Laci and Conner’s Law," could be applied in this case. The law, enacted in 2004, allows for separate charges if an unborn child is harmed or killed during a federal crime. Activists, including Colbe Mazzarella, president of the Pro-Life Legal Defense Fund, and Autumn Christensen of Susan B. Anthony Pro-Life America, are pushing for the application of this law to Farwell's case.
“The accusation that a police officer killed his former student and their unborn baby strikes horror in every feeling heart,” Mazzarella said. “This law was passed by Republicans and Democrats to punish and prevent many abusers who kill pregnant women or use violence to force a woman to abort their child.”
Critics of the law, including the American Civil Liberties Union, argue that it could undermine a woman's right to make decisions about her own pregnancy. The ACLU has expressed concerns that recognizing the unborn child as a separate victim could threaten reproductive rights.
Despite these concerns, the FBI's Kelleher noted additional evidence that Birchmore had no intention of suicide, including recent attempts to book a newborn photo shoot and purchase baby clothes. “Our investigation also uncovered evidence inconsistent with someone choosing to die by suicide,” he said.
The federal prosecutors have left the door open for additional charges, and the possibility remains that Farwell could face further legal repercussions. Acting U.S. Attorney Joshua Levy has indicated that any new evidence will be thoroughly investigated.
As legal and political debates continue, the case underscores the complexities of applying federal laws to crimes involving unborn children. For now, the focus remains on obtaining justice for both Sandra Birchmore and her unborn child.
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