Massachusetts
Two deaths in one Massachusetts town cast doubt on the relationship between police and prosecutors
Weeks after a mistrial was declared in the high-profile murder case of Karen Read, more allegations of police misconduct surfaced in the same Massachusetts county where a former police detective was charged in the 2021 death of a pregnant woman, placing a renewed spotlight on the relationship between police and prosecutors.
Criminal justice experts say the two cases appear to involve investigative missteps that highlight the need to scrap the Massachusetts model of investigating high-profile crimes.
“Understatement of the century but Massachusetts has a serious problem with murder investigations involving police suspects, witnesses, and leads,” criminal justice journalist Susan Zalkind posted on X on Wednesday. “Poor Sandra Birchmore. Beyond depraved.”
Federal prosecutors allege former detective Matthew Farwell groomed Birchmore, 23, and began sexually abusing her as a teen, when he worked with the Stoughton Police Explorers Academy, a youth program she was in. He was arrested Wednesday, with prosecutors alleging he killed Birchmore, who had told him she was pregnant with his child, and attempted to stage the scene as a suicide so that the sexual abuse allegations would stay hidden.
Farwell has pleaded not guilty.
Birchmore was killed in Canton, the same Norfolk County town where Boston police officer John O’Keefe, 46, was found dead on Jan. 29, 2022. His girlfriend, Read, was tried in his death. A jury failed to reach a verdict after her legal team argued that Read had been framed by other law enforcement officers attempting to cover up O’Keefe’s death. She will be retried next year on the charges.
Federal investigators have been involved in both cases, but officials have not announced any links between the two. However, at the heart of both: allegations of botched investigations and law enforcement misconduct.
‘Incompetence or corruption?’
“Given these two cases, I would say it’s not just in Norfolk County, but certainly throughout Massachusetts. The question that arises is, is it incompetence or corruption, or both?” said Tom Nolan, a former Boston police lieutenant and criminal justice professor.
In Massachusetts, detectives with the state police are assigned to district attorneys’ offices, which can lead to the bungling of cases, Nolan said.
An alternative, he said, is the model used in other states, including Florida and Georgia, where there is an independent investigative agency to oversee the cases, rather than relying on an agency that enforces laws on highways.
“We saw on full display for several weeks during the Karen Read trial, the bumbling incompetence of the Massachusetts State Police, who were assigned to the Norfolk DA’s Office. Her defense counsel just basically eviscerated the State Police troopers who were testifying as witnesses and experts, — ‘expert witnesses.’ Their credibility was completely undermined,” Nolan said.
State police did not respond to requests for comment.
Hours after a mistrial was declared in Read’s trial, the top official at Massachusetts State Police said the lead detective in the case had been relieved of duty after allegations of “serious misconduct” were raised in court.
After the agency launched an internal affairs investigation into the allegations, the detective was suspended without pay last month.
Understatement of the century but Massachusetts has a serious problem with murder investigations involving police suspects, witnesses, and leads.
See also: Karen Read, The Waltham Murders, and Gail Miles. Poor Sandra Birchmore. Beyond depraved. https://t.co/4QsKk2cjtb
— Susan Zalkind (@susanzalkind) August 28, 2024
Zalkind, who wrote “Waltham Murders: One Woman’s Pursuit to Expose the Truth Behind a Murder and a National Tragedy,” which focuses on a Massachusetts triple-slaying and the Boston Marathon bombing, told NBC News that without an independent investigative agency and proper checks and balances, prosecutors and police can get too cozy and politics can come into play.
“When you imbue that culture to the good old boys’ club, to homicide cases, there are serious issues,” she said. “Our homicide investigations are politicized. The DAs in the state, all except for one are Democrats. Our AGs are Democrats. … Our government is Democrat. So there is a lack of incentive to do a vigorous follow-up.”
No matter what the legal outcomes in the Read and Birchmore cases, public trust has been compromised, said Zalkind.
A staged suicide
In announcing the charge Wednesday more than three years after Birchmore’s death, acting U.S. Attorney Joshua Levy called the arrest of Farwell, a police officer who swore to protect the public, “disheartening.”
Farwell is charged federally with one count of killing a witness or victim.
“Giving voice to the voiceless, ensuring that no one is above the law, protecting the vulnerable people of Massachusetts, that’s the highest calling of people in law enforcement,” Levy said. “Mr. Farwell violated those principles, and now he faces very grave consequences.”
Farwell’s attorney could not be reached for comment.
State police initially handled the investigation into Birchmore’s death. Nolan said it’s “strikingly unusual” that the case was taken over by federal authorities because homicides are usually prosecuted as state crimes.
Federal authorities did not elaborate on why they took the case, except to say investigators had received new evidence that made the indictment and arrest possible.
David Traub, a spokesperson for the Norfolk District Attorney’s Office, said the office has long been working with other law enforcement to secure an arrest.
“This office has been collaborating with both the Massachusetts attorney general and the FBI for months on investigations into the Birchmore matter. Two of our detectives were present at the command post … while federal authorities were attempting to take Matthew Farwell into custody,” Traub said.
“Much of the information that they [federal authorities] built on originated with our investigation, including the collection of thousands of text messages, and then going through those text messages to see what criminal conduct might be substantiated from their contents,” he said.
Prosecutors allege that Farwell killed Birchmore on Feb. 1, 2021, in her apartment, when he could no longer control her and as word began to get out that he had been having sex with her for years. Authorities initially ruled Birchmore’s death a suicide.
Prosecutors contend that after Farwell strangled Birchmore, he repositioned her body and staged her apartment to look as if she had died by suicide.
The medical examiner determined Birchmore’s death was a result of “asphyxia by hanging” and she was eight to 10 weeks pregnant when she died, according to an affidavit in support of the motion to detain Farwell.
The Massachusetts Office of the Chief Medical Examiner, which made that finding, did not respond to a request for comment Friday. A spokesperson for the agency told WFXT-TV of Boston that the office was aware of Farwell’s indictment and had cooperated with the U.S. Attorney’s Office.
An expert retained by federal prosecutors, Dr. William Smock, concluded the death was a homicide, arguing that some of Birchmore’s injuries are more common in cases of strangulation than hangings, like abrasions on Birchmore’s nose, the affidavit said.
Farwell’s arrest came nearly two years after Stoughton’s police chief announced that Farwell and two other former officers at the agency had inappropriate relationships with Birchmore. That conclusion came from a lengthy internal affairs investigation prompted by Birchmore’s death, said Chief Donna McNamara, who called the former officers’ behavior “deeply disturbing.”
The chief said all three men resigned before they could be interviewed. The department recommended that their certifications as police officers be permanently revoked so they cannot serve in law enforcement anywhere in the country, McNamara said.
Lawyers for the other former officer did not immediately respond to requests for comment about the status of their decertifications.
Questions in Read investigation
After a nine-week murder trial that captured national attention, a judge declared a mistrial for Read on July 1.
Prosecutors have said the relationship between Read and O’Keefe was deteriorating when she plowed into him with her SUV. She was charged with second-degree murder, motor vehicle manslaughter while driving under the influence, and leaving the scene of a collision causing death.
She has maintained her innocence and is set to face another trial early next year. An attorney for Read did not respond to a request for comment Friday.
The Norfolk District Attorney’s spokesperson said prosecutors are preparing for Read’s upcoming trial, and that the only appropriate forum for determining her innocence or guilt is a courtroom.
No federal charges have been filed in the case.
During the original trial, Read’s lawyers said she watched her boyfriend enter the Canton, Massachusetts, home of a now-retired Boston police sergeant for a party after a night out with other current and former law enforcement officers. Hours later, the defense team said at trial, she discovered O’Keefe had never come home and raced back to the house, where she found his body.
Read’s lawyers have alleged that O’Keefe was most likely beaten inside the home and left outside in the snow.
The defense has blamed authorities for failing to carry out a “real” investigation and instead focusing on Read.
They have alleged the lead investigator in the case, Massachusetts State Police Trooper Michael Proctor, was one of the chief reasons the investigation was biased. They say he manipulated evidence and made derogatory comments about Read.
Proctor has denied the allegations and said his comments were unprofessional and regrettable but they didn’t compromise the case.
Proctor has not responded to requests for comment.
This article was originally published on NBCNews.com
Massachusetts
Two men indicted for Hinsdale robbery after ‘cigarette trail’ leads through Vermont, Massachusetts
HINSDALE, N.H. (ABC22/FOX44) – Two men from Massachusetts have been indicted after they allegedly stole more than $200,000 in cigarettes and fled in a stolen U-Haul van before setting it on fire.
According to court documents, the men robbed the T-Bird Mini Mart on Brattleboro Road in Hinsdale, New Hampshire back on March 15. They then allegedly drove the U-Haul north into Brattleboro, Vermont before heading south on Interstate 91 down in Massachusetts.
Cartons of cigarettes reportedly fell from the back of the van as it drove through Brattleboro, which were estimated to be worth more than $50,000. The “trail of cigarettes” was reportedly used by investigators examining surveillance footage to track the path of the van leading up to the arrest of two suspects last week.
Richard Conner, 64, of Greenfield, Massachusetts, and James Ferguson, 66, of Worcester, Massachusetts, were arrested on Friday.
According to court documents, Ferguson was also seen on camera earlier in March stealing the U-Haul van in Northampton, Massachusetts.
The two men now face federal charges under the Hobbs Act and, if convicted, could spend up to 20 years in prison.
Massachusetts
Massachusetts opens 24 swimming pools for summer season
BOSTON (WWLP) – The Healey-Driscoll Administration and the Massachusetts Department of Conservation and Recreation announced the opening of 24 swimming pools for the summer season across the state.
This initiative includes the return of its free Learn to Swim Program for children and expanded lifeguard services at 30 DCR swimming areas. Registration for the free swimming lessons begins on Monday, June 22, providing children between the ages of 4 and 12 the opportunity to learn life-saving skills.
The DCR’s efforts aim to provide residents, visitors and families with safe places to swim and cool off during the summer. This commitment to water safety is supported by extending lifeguard coverage to seven days a week, which began last Saturday, running from 10:15 a.m. to 5:45 p.m., though continued coverage is subject to staff availability.
DCR Commissioner Nicole LaChapelle emphasized the importance of aquatic education. “Every child deserves the opportunity to learn how to swim. Swimming is more than a summer activity –it’s a life-saving skill that helps children safely enjoy our pools, lakes and beaches with confidence,” LaChapelle said. “By offering free swimming lessons at pools across Massachusetts, we’re helping remove barriers for families while helping more children safely enjoy the outdoor spaces that belong to all of us.”
The Learn to Swim Program will be offered at 19 DCR pools throughout Massachusetts and is structured into three sessions during the summer. Each session consists of eight half-hour group swim classes tailored for beginner-level swimmers and organized by age.
The curriculum for the classes is based on the American Red Cross and focuses on water safety and basic swimming skills. Registration is required and will operate on a first-come, first-served basis, closing once classes at each facility are full.
Participating DCR pools for the program are located in Agawam, Boston, Cambridge, Chelsea, Chicopee, Clinton, Fall River, Fitchburg, Hyde Park, Lawrence, Malden, Melrose, Milford, Somerville, Springfield, Watertown and Worcester.
The DCR is also actively recruiting certified lifeguards for its beaches and swimming pools for the current summer season. Positions are available through Labor Day and offer competitive hourly wages ranging from $22 to $27, depending on the position and associated certifications. More information about lifeguarding opportunities and application details are available on the agency’s lifeguarding webpage.
Beyond lifeguard services, the DCR maintains water safety at its state beaches and waterfronts through regular water quality testing at all 79 designated swimming areas. These areas are equipped with ropes and buoys to delineate swimming sections. Safety signage, which can be translated into nine languages including Spanish, Portuguese, Vietnamese and Traditional Chinese via a QR code, is also present.
To enhance safety, life rings are available for public use at both guarded and unguarded swimming areas in case of an emergency. All DCR swimming pools are equipped with chair lifts to provide water access. Several pools also feature ramps or zero-depth entry and select pools and spray decks offer beach wheelchairs for use.
All facts in this report were gathered by journalists employed by WWLP. Artificial intelligence tools were used to reformat information into a news article for our website. This report was edited and fact-checked by WWLP staff before being published.
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Massachusetts
A rare look inside the largest data center in Massachusetts nicknamed
If you watch a movie, send an email, or put your photos in the cloud, there is a data center involved. With the rise of AI, there is more need for data storage and that means more power and more water. So, more Massachusetts communities are saying they don’t want them.
Data centers are growing increasingly unpopular. How unpopular? Polling shows people would rather live near a nuclear power plant. A Gallup poll found 71% of Americans would oppose a data center being built near their home and 53% would oppose a nuclear reactor.
Communities across the country have been fighting to stop the construction of mega sized data centers used to power the future of artificial intelligence.
In Massachusetts, several projects have been put on hold. The city of Lowell recently passed a one-year moratorium to stop the building or expansion of data centers. Lowell is the site of the largest data center in the state.
Markley data center in Lowell
The Markley data center is a mammoth building. It was built by Markley in 2015 on the site of an old Prince Spaghetti factory. Markley cleaned up the lot, painted the building black and set up a complex digital warehouse which stores data from more than a hundred customers ranging from hospitals to universities to police stations.
Like all things data center, this one comes with controversy. Jake Fortes lives in his childhood home where he takes care of his elderly parents. The data center, about 100 feet away, dwarfs his home.
Fortes says the building has nicknames including the “dungeon” and the “Death Star.”
“It’s nicknamed by a lot of residents in the neighborhood the dungeon,” Fortes said. “Because it seriously is just this black building that looms over us.”
Fortes said the rows of industrial air conditioners on the roof of the data center constantly hum and he claims exhaust from the four metal chimneys that rise from the data center’s emergency generators flow toward his bedroom windows.
“You will hear the A/C units. That’s a constant. And it’s worse in the summer,” Fortes said.
Markley has two data centers in Massachusetts. They built their first on top of Macy’s in downtown Boston in 2013.
From Lowell to Los Angeles, there are coast to coast concerns about what these data centers can do to the environment. From the massive amount of energy they use, to the incredible amount of water they need to keep the equipment from overheating. Some large data centers can use up to five million gallons of water every day. But the owners of the Lowell data center say it is not a drain on resources.
WBZ-TV’s David Wade asked Markley for tour of the data center, which they never do, and they agreed. They have grown frustrated with the negative narrative of data centers across the country and wanted to show they are different than the huge data centers built solely for AI companies.
Markley’s corporate VP Adam Burnham took him around the 350,000 square foot facility. The front entrance is teeming with a few dozen people, filled with colorful artwork and a TV monitor showing old video of a train that used to run through the property.
Beyond that there are long hallways with white tile floors and white walls that lead to rooms full of loud machines taking in, transforming and distributing large amounts of electricity throughout the building. How much electricity? Markley doesn’t say. Most data centers don’t. It’s why some lawmakers like Senator Elizabeth Warren are calling for more transparency from all data centers. But Markley’s Boston location boasts up to 30 megawatts of power, which is comparable to what tens of thousands of homes could use at any given time.
“Many petabytes” of data
There is a constant hum from the air conditioning machinery that helps to cool down the racks of servers.
How many servers are in the building? “There must be thousands,” Burnham said. “From hundreds of different customers.”
And how much data is that? “It would be hard to even quantify it. To use technical terms, it would be petabytes,” Burnham said. “Many petabytes for many customers.”
You have heard of megabytes and gigabytes but what is a petabyte? Well, just one petabyte is equal to roughly 250 million high resolution photos or the storage capacity of 250,000 smartphones or 13 years’ worth of continuous high-definition movies.
Markley says it stores data from all different types of companies. Financial companies, life science companies, universities, public safety companies. All those servers need lots of water to feed the system that keeps them cool.
How much water is used?
Some data centers use millions of gallons of water every single day. Markley says over the past year, they have used between 60,000 and 120,000 gallons of water per day. Those numbers match up with some of their water bills that WBZ was able to obtain.
Besides the effect on water and power, another criticism of data centers is once construction is done, they don’t create many jobs. Markley brought Lou Antonellis, a representative from the IBEW, an electrical workers union, to our shoot. Wade asked how many union workers he had working inside the building.
“Right now, it’s a little bit of a slow period. Probably about a dozen,” Antonellis said. That’s it. A dozen. Antonellis said there were also another dozen pipe fitters inside. He said there can be 80-100 workers when there’s a big project on site.
Hopes to expand in Lowell
But Antonellis and the IBEW say they really want Markley to expand. New buildings mean new construction jobs. WBZ learned Markley has been buying more land nearby with hopes of expanding, including an old power plant up the road. But they have a problem. The city of Lowell recently voted for a one-year moratorium on data centers. It means no new building, and no expansion.
On the final stop on the tour, the Markley people wanted to show the emergency generators that neighbors have complained about.
An hour earlier, Jake Fortes, the neighbor who calls the building the Death Star, had predicted they would take David Wade to the generators, and it would be less noisy than usual.
“Usually when they detect that there’s a reporter coming, they will turn it off and it will go very quiet and you will hear the birds,” Fortes said.
When they took David Wade to the emergency generators, which they fire up for a test every week for five minutes, you could barely hear the machines over the sounds of chirping birds.
“So, it’s not under a complete load, but this is the typical noise you’re going to get,” Burnham said.
Wade asked if the generators weren’t running at “full load” were they running at 20%, 50%, 80%? They couldn’t answer.
Then Wade asked if he thought neighbors had been exaggerating about the noise at the data center and the answer was clear. “I think they’re exaggerating, yes,” Burnham said.
If you have a question you’d like us to look into, please email questioneverything@cbsboston.com.
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