Matthew Farwell's Prosecutors Have No Plain Murder Charge. What If They Lose?

What if Matthew Farwell's prosecutors lost? Bob Motta of Defense Diaries says they'd have no plain murder charge to fall back on, and that's the trap built into this trial. Federal law has no standalone murder statute that fits Sandra Birchmore's death, so prosecutors used the law against killing a witness. That forced them to prove motive on top of murder. If a jury convicts, Motta expects Farwell's appeal to go straight at the motive proof and ask whether jurors had enough evidence to reach it. If a jury hangs, a retrial carries the same burden. Retired FBI behavior chief Robin Dreeke traces how Stoughton's department got this way by asking who hired each officer, and then who hired the person who hired them. Tony asks how long a federal judge lets a stuck jury keep trying.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

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