with Birchmore from his wife was something they got from discovery evidence.

She cited an FBI report that noted a State Police trooper who initially investigated Birchmore's death,  thought the mask simply meant that Farwell was having an affair and didn't want to be seen. 

The Norfolk District Attorney's Office declined to prosecute Farwell for Birchmore's death, citing a State Police investigation and a Medical Examiner report that concluded she killed herself. The ME changed Birchmore's manner of death to undetermined earlier this year.

According to federal prosecutors, Farwell killed the Birchmore, who he allegedly started having a sexual relationship with when she was 15, and made her death look like a suicide. But Farwell's defense plans to argue that Birchmore killed herself after he broke up with her.

Daley also noted that a government witness who testified during the grand jury proceedings refuted the prosecution's claim that Farwell was an  ardent anti-masker. 

The prosecution also omitted when the alleged affairs with the women happened, in 2012, 2016, and 2017, Daley added.

 It is odd that the government omits these dates,  Daley wrote.  Perhaps it is because the dates of all of these alleged adult consensual affairs pre-date the COVID-19 pandemic? 

 Assuming arguendo, Mr. Farwell engaged in other adult consensual affairs in 2012, 2016, and 2017, what reason could he have used as an excuse to wear a mask then?  she continued.  A face covering during those years would have surely drawn attention. 

The defense asked the judge to deny the government's motion.

Both parties will be back in court Tuesday morning when jurors are expected to hear from the government's first witnesses.