#NorfolkDA#Proctor#Bukhenik#DiCicco conducted a flawed investigation into the killing of #JustonRoot - it took 30 days. They put out a one sided sell serving narrative. Thankfully the #KarenRead case has EXPOSED the level in which they operate so the public NOW KNOWS! You cannot unlearn what you know.
#TruthMatters #DigDeeper @DMAnews1@TedDanielnews@ChuckModi1
Despite Matthew Farwell being found guilty of killing Sandra Birchmore, Birchmore’s family is demanding further investigation into state and local police, who federal prosecutors say originally dismissed the idea that Birchmore might have been murdered.
https://t.co/LAiUT0bwCs
The NCDAO needs to come clean about why Juston Root was shot 31 times while on the ground! Give them Proctor’s phone extraction! You owe Juston Roots family answers!
Today is November 11th, 2026: Nearly7 later, the Root family is still asking the same questions... & the public is still being denied the #truth.
#JustonRoot was already on the ground, incapacitated and holding nothing in his hands, when officers fired 31 shots at close range.
#JohnFanning led the roughly 30-day investigation into Juston’s death. Our family saw an investigation focused on clearing the officers instead of getting to the truth. #Fanning also led the investigation into #SandraBirchmore’s death. In light of what has since come to light in that case, Juston’s investigation must be #reopened and independently reviewed by people w/no ties to MA law enforcement.
#MichaelProctor told our family that Juston had shot someone and refused to drop a weapon. That was not true.
Proctor’s texts dating back to 2013 were obtained in the #KarenRead case. Where are his messages from 2020, when he was involved in Juston’s investigation?
The public deserves #transparency in every case. Release the texts. Reopen Juston’s investigation. Tell the truth!!! @MassAGO #TruthMatters
#JusticeForJustonRoot #JustOne
https://t.co/WEbC0fYKaL
Where but Norfolk County would you see a DA press release addressing a horrible crime which only (a) self-servingly defends its own conduct and (b) blames the medical examiner--who relied on the state police findings and investigation--in addressing a federal conviction of a police officer/murderer who framed his victim for her own death after the state deliberately opted against conducting a proper investigation. Disgraceful statement.
🚨 GUILTY ON BOTH COUNTS: Federal jury has convicted former Stoughton Police Officer Matthew Farwell of murdering Sandra Birchmore and causing death of her unborn child.
Today is November 10th, 2026: Nearly7 later, the Root family is still asking the same questions... & the public is still being denied the #truth.
#JustonRoot was already on the ground, incapacitated and holding nothing in his hands, when officers fired 31 shots at close range.
#JohnFanning led the roughly 30-day investigation into Juston’s death. Our family saw an investigation focused on clearing the officers instead of getting to the truth. #Fanning also led the investigation into #SandraBirchmore’s death. In light of what has since come to light in that case, Juston’s investigation must be #reopened and independently reviewed by people w/no ties to MA law enforcement.
#MichaelProctor told our family that Juston had shot someone and refused to drop a weapon. That was not true.
Proctor’s texts dating back to 2013 were obtained in the #KarenRead case. Where are his messages from 2020, when he was involved in Juston’s investigation?
The public deserves #transparency in every case. Release the texts. Reopen Juston’s investigation. Tell the truth!!! @MassAGO #TruthMatters
#JusticeForJustonRoot #JustOne
https://t.co/WEbC0fYcld
Looks like I need to correct this, although my conclusion remains the same. MA recognizes the dual sovereignty rule, but its high court modified it to require successive federal-state prosecutions to meet the same standard as successive prosecutions by the same sovereign.
This test follows the federal double jeopardy standard, which is called the Blockburger test after the US Supreme Court case that adopted it. Blockburger says that two criminal offenses are not the same crime for double jeopardy purposes if each one requires proof of a fact that the other does not.
That standard seems to be pretty easy to meet here if MA charged Farwell with first degree murder. Under M.G.L. c. 265, § 1, first degree murder is an intentional killing that is premeditated. There is a case for that here based on Farwell's looking in the closet, changing his behavior after Sandra's friend called the SPD, and other evidence like wearing a mask into the building.
Conversely, the federal statute he's currently charged under requires proof that he killed Sandra with the intent to prevent her from communicating information about a potential federal crime. No premeditation is required, and there is the additional element relating to reporting a federal offense.
So, even if MA makes it more complicated than straightforward dual sovereignty, there doesn't seem to be any real hurdle to a successive state prosecution here.
Sources:
Commonwealth v. Cepulonis, the weird ass case where they say they follow dual sovereignty and then don't: https://t.co/5WsmcTmV93
MA murder 1 statute: https://t.co/3kjvmy56HG
Federal witness tampering statute: https://t.co/jkf6LrDyjU
@JennyM29308864@LouisaMoller@KristinaRex Ignorance of how such a basic principle of constitutional law works is pretty concerning in the county's top law enforcement official.
Mizzy yet again laying the verbal smackdown outside the Moakley Courthouse.
She implores the media to ask questions at the Norfolk DA’s Office.
“Find out why they put this case on a shelf, why they protected Matthew Farwell, because that’s important.”
She reiterates that John Fanning, Brian Tully, Matthew Dunne, and Michael Morrissey need to be held accountable for their actions in this case.
@Mizzy_B
#MatthewFarwellTrial #SandraBirchmore
Prayers for Sandra Birchmore as a jury deliberates the fate of her accused killer in courthouse behind them. Spotted in prayer circle: Chief Donna McNamara, Stoughton PD & Jennifer Root Bannon, sister of Juston Root (shot by police after a chase)
Today is November 9th, 2026: Nearly7 later, the Root family is still asking the same questions... & the public is still being denied the #truth.
#JustonRoot was already on the ground, incapacitated and holding nothing in his hands, when officers fired 31 shots at close range.
#JohnFanning led the roughly 30-day investigation into Juston’s death. Our family saw an investigation focused on clearing the officers instead of getting to the truth. #Fanning also led the investigation into #SandraBirchmore’s death. In light of what has since come to light in that case, Juston’s investigation must be #reopened and independently reviewed by people w/no ties to MA law enforcement.
#MichaelProctor told our family that Juston had shot someone and refused to drop a weapon. That was not true.
Proctor’s texts dating back to 2013 were obtained in the #KarenRead case. Where are his messages from 2020, when he was involved in Juston’s investigation?
The public deserves #transparency in every case. Release the texts. Reopen Juston’s investigation. Tell the truth!!! @MassAGO #TruthMatters
#JusticeForJustonRoot #JustOne
https://t.co/WEbC0fYKaL