Sean Fitzpatrick Retrial
New Hampshire
A love triangle may have caused the death of 39-year-old Michael Zammitti and another man, Chester Roberts, at a Wakefield concrete company just after 8 a.m., on Monday, March 13, 2006.
Sean Fitzpatrick is on trial for shooting and killing 39-year-old Michael Zammitti and another man, Chester Roberts, at a Wakefield concrete company just after 8 a.m., on Monday, March 13, 2006.
Chester Roberts was in the wrong place at the wrong time. Prosecutors say he walked into work at Allstate Concrete Pumping right after Fitzpatrick shot Zammitti with a 16-gauge shotgun.
Fitzpatrick was having an affair with Zammitti's wife, Michelle Zammitti. He was a close neighbor at the Zammitti's vacation home in Freedom NH.
Fitzpatrick spent so much time with the Zammittis that their three young children called him "Uncle Sean." Michelle Zammitti at first told authorities she had developed an "emotional relationship" with Fitzpatrick, but later admitted that their friendship became physical in 2005.
In August 2005, after Michael Zammitti's mother caught Michelle and Fitzpatrick in an embrace, the Zammittis began marriage counseling sessions, Michelle Zammitti told investigators. She said their marriage started to improve, but Fitzpatrick continued to urge her to leave her husband.
In February 2006, Michelle Zammitti met with Fitzpatrick and told him that "as long as Michael did not leave her she was staying with Michael," prosecutors said in court documents.
Two weeks later, the Zammitti family went to New Hampshire for the weekend. Michael Zammitti and Fitzpatrick had a chance encounter while both were driving all-terrain vehicles on frozen Ossipee Lake, but prosecutors said they don't know what the two men talked about.
The following Monday, Zammitti's father, Michael Zammitti Sr., discovered his bodies of his son and Roberts when he arrived at work.
Prosecutors accuse Fitzpatrick of stealing a neighbor's truck and driving about 100 miles from his home in New Hampshire to Zammitti's company in Wakefield, They say he walked into the second-floor office and shot Zammitti twice as he sat at his desk, first on his right side, then in the head.
Roberts was found laying at the bottom of the stairs. Prosecutors believe he walked in to work, saw Fitzpatrick, and may have been attempting to flee when he was shot in the back.
The killings shocked people in Freedom, N.H., where both the elder Zammitti and his son had vacation homes on Ossipee Lake, in the same subdivision as Fitzpatrick, a year-round resident.
After the killings, police determined that a green pickup truck parked outside a house in the Zammitti's New Hampshire neighborhood was seen near Zammitti's company in Wakefield the morning of the murders. A surveillance video from a business located near Zammitti's company shows the truck driving toward the company minutes before the killings and leaving 10 minutes later.
Prosecutors said DNA found on a sympathy card Fitzpatrick sent to Michelle Zammitti after her husband's death matches DNA found on the steering wheel of the truck, one of the keys to the truck and on an anonymous threatening note that was sent to Michael Zammitti's father after the killings.
Authorities believe the note, which said "Close Now or Lose More Family," was sent to make investigators believe Zammitti's slaying was related to the family business.
Resource...
http://abcnews.go.com/TheLaw/Story?id=5462189&page=3
http://wbztv.com/local/Allstate.Concrete.Pumping.2.781531.html
http://www.wickedlocal.com/wakefield/news/x390640901/Update-Jury-selection-continue-in-Wakefield-double-homicide-trial
http://news.bostonherald.com/news/regional/general/view/2008_07_28_Double-slay_trial_set_to_begin:_Prosecutors:_Victim_s_wife_was_trigger/srvc=home&position=also
http://www.wickedlocal.com/wakefield/news/x390640901/Update-Jury-selection-continue-in-Wakefield-double-homicide-trial
UPDATES
To comment on this trial Click Here!
02-24-09
Sentencing Update
Sean Fitzpatrick was sentenced, Monday, to two consecutive life terms for the murders of Michael Zammitti Jr. and Chester Roberts, after victim impact statements were read.
Fitzpatrick looked up only once when Michelle Zammitti gave her testimony.
Five JurorThirteen members attended the sentencing. Check out their responses on the message board link above.
Admin
GUILTY ON BOTH COUNTS!
Sean Fitzpatrick has been found guilty for the murder of Michael Zammitti and Chester Roberts. This has been Confirmed by court press office.
The jury has been deliberating for more than a week and gave their verdict on Thursday.
Prosecutors said 54-year-old Chester Roberts, an employee of the company, was shot when he arrived at work right after Fitzpatrick shot Zammitti.
A mistrial was declared during Fitzpatrick's first trial in August after another jury said it was hopelessly deadlocked.
Fitzpatrick claimed he was asleep at his home in Freedom, N.H., at the time of the killings.
Read resource details...
http://www1.whdh.com/news/articles/local/BO105171/
02-18-09
Jury May Be Starting Over With Deliberations
According to one of our members, who is close to this trial, a juror, with back problems since last week, could not make it in today or tomorrow and possibly not Friday.
He was excused and an alternate (a female) was selected and her last name is Fitzpatrick. They have been sent back with instructions to disregard all previous deliberations and start all over again.
I appreciate all of the information we get from our members as it's often the only information we get on this case.
If I hear anything else I will post it. Please click on the link below to read about this post and other comments for Wednesday.
Thanks Vlad!
Wednesday's posts
02-17-09
Conway — February 17, 2009 — The second jury to wrestle with the double homicide case of Freedom handyman Sean Fitzpatrick was lodged in deliberations for four days last week and is expected to go into a fifth as the Massachusetts court reopens Tuesday.
Prosecutors say the love-struck 46-year-old shot to death his Ossipee Lake neighbor and close friend, Michael Zammitti Jr., 39, and innocent bystander, Chester Roberts, 54. The March 13, 2006 killing at Zammitti’s Massachusetts concrete plant was born of a desperate bid by Fitzpatrick to reignite an adulterous love affair with Zammitti’s wife, Michelle, prosecutors said.
The first jury to hear the case in August in Middlesex Superior Court in Woburn, Mass., trudged for days through a hopeless deadlock. Judge Kathe Tuttman first instructed jurors to attempt to work through their impasse, only to later declare a mistrial.
Read full details here...
http://ossipeelake.org/news/2009/02/17/jury-still-out-in-double-murder-trial-of-freedom-man/
12/12/09
Local Newspaper Article Dated Wednesday 2/11/09
IT'S IN THEIR HANDS
6 HOURS OF DELIBERATIONS YESTERDAY (TUESDAY)
Woburn-Jurors in the Sean Fitzpatrick murder retrial will continue deliberations today (Wednesday) at Middlesex Superior Court in Woburn.
The jury of 6 men and 6 women deliberated for 6 hours yesterday without reaching a verdict. Fitzpatrick, 46, of Freedom NH is charged with two counts of first degree murder in the March 13, 2006 shooting deaths of Michael Zammitti Jr., 39 and Chester Roberts, 54 at the Allstate Concrete Pumping Company on New Salem Street.
Prosecutors allege that SF stole a neighbor’s truck, drove down to Wakefield and shot both men after an affair with Zammitti’s wife, Michele ended.
If convicted, SF faces life in prison without parole.
SF’s first trial ended in a mistrial last August, after a jury was unable to reach a verdict after 3 days of deliberations.
Yesterday, Judge Kathe Tuttman provided the jury with instructions and described the charges to consider during their deliberations. Tuttman emphasized the need to reach a verdict based solely on the evidence presented and testimony from witnesses during the course of the trial.
“You are to consider the evidence fairly without prejudice, speculation or what you heard outside of court,” said Tuttman. “You have taken notes during the trial and you may use them as an aid. They are not to be used as transcripts. You must rely on your own memory.”
Tuttman also told the jury not to consider any of her rulings on motions or questions and put their emotions aside as they determine the weight of the evidence. The jurors were also informed on how to handle circumstantial evidence.
“Whether evidence is circumstantial or real, the Commonwealth must prove beyond a reasonable doubt that the defendant in this case, Sean Fitzpatrick, is guilty” explained Tuttman. “You alone must determine the facts. If there is reasonable doubt after all of the evidence is considered, the defendant is owed the benefit of the doubt and should be declared not guilty.”
Tuttman then went on to explain what elements constitute a first degree murder conviction and what elements constitute a second degree murder conviction.
A second degree murder conviction can be reached by the jury if they believe an unlawful killing with malice has occurred but no premeditation or extreme cruelty was present. If premeditation or extreme cruelty occurred, the crime would meet a first degree conviction.
Tuttman also told the jury that the affair and the cut-out letter sent by Fitzpatrick should not be considered as criminal characteristics and don’t prove any propensity to commit murder.
Tuttman concluded her instructions by reminding the jury that their verdict must be unanimous
Thank you LEM for typing all of this out for the Jurorthirteen readers!!!
02/10/09
Trial Goes To The Jury
The defense rested it's case, on Monday, and Closing arguments were given in the Sean Fitzpatrick trial.
One of our members went to the closings and this was his comment:
"I went and watched the closings today at 2PM. As before Gioia did well, he's a good attorney that I would want on my side if I ever had to defend myself. Bennet did very well also. I thought better than last time. He tied things together well and pointed out the facts. With the benefit of SF's (Sean Fitzpatrick's) testimony last time was able to show that he's an admitted liar. That 5 witnesses (including the best friend) had no reason to lie and to believe SF all 5 would have to be liars."
"SF did not take the stand. He was emotionless and sat still during the both sumnations. At one point a picture of the office where Michael was shot was shown on the monitor, it was there for ~5 minutes and SF did not look towards it once. I watched him as each sumnation was made. I think there's a very good chance of a guilty verdict tomorrow. Maybe Weds."
I really appreciate our members who kept us posted on this trial as there has been little news on it. Thank you LEM for writing up what you could out of your local paper, and thank you Vladimere for going to the trial and keeping us updated on the closings.
Also, a special thanks goes out to NHred, Gert's daughter, for her insites and information also.
Thank you to all who have participated in the first and second trial. Let's hope for a speedy verdict!
Admin
Also... from February 9... http://www.middlesexda.com/press-release-archive/closing-arguments-scheduled-for-2-pm-in-wakefield-double-homicide-trial/
Article dated 1/27/09
Woburn - The first day of testimony in the SF murder re-trial began Friday as Michael Zammitti Sr., the father of victim Michael Zammitti Jr., took the stand for the prosecution. On the stand, Zammitti told the court about what he saw and experienced on March 13, 2006 at the Allstate Concrete Pumping Company on New Salem Street.
SF, 46 of Freedom, NH is charged with 2 counts of first degree murder and one count of unlawful possession of a gun in connection with the murders of Michael Zammitti Jr., 39 and Chester Roberts 54. If he’s convicted on all charges, SF faces life in prison without parole.
Zammitti Sr. told the court that he arrived at Allstate Concrete at 7:45 am to work on the concrete pumps. As his voice cracked, Zammitti said that when he arrived, he pushed open the door and found Robert’s body inside, lying face down with a gunshot wound to the back.
“I called 911 and started screaming for Michael,” said Zammitti. “I ran upstairs into the office and saw Michael shot through the head. I kissed him and told him I loved him and called my wife to tell her what happened.”
To read full 01/27/09 article Click Here!
01/26/09
Woburn-The retrial of SF began Friday at Middlesex Superior Court in Woburn, as both sides presented their opening arguments to the jury and the first witnesses were called. SF is charged with 2 counts of first degree murder and one count of unlawful possession of a gun in connection with the shooting deaths of Michael Zammitti and Chester Roberts at the Allstate Concrete Pumping Company. The first trial ended in a mistrial after the jury was deadlocked after three days of deliberations. If convicted on all charges SF faces life in prison w/o. parole.
In his statement ADA Dan Bennett explained that while there we no fingerprints, DNA transfer or identifiable tire tracks, there was plenty of evidence and testimony that linked SF to the murders. Bennett said that when Michael Zammitti Sr was asked who may have killed his son and Chester Roberts, SF came to mind.
To read Friday's article that our member LEM has been so graciously writing out from their local newspaper... click below...
To read full 01/26/09 article Click Here!
01/23/09
Sean Fitzpatrick Retrial
Opening statements are scheduled for Friday morning in Middlesex Superior Court after a jury was chosen to hear the case against Sean Fitzpatrick.
One of our members was at the last trial and another member took the time to write up one of the articles straight out of their local newspaper.
We've been having trouble gathering news on this retrial, but I've finally come across some links and am hoping this means the trial will be covered, but not with on-line video feed.
Join us on the message boards as we share information and discuss the retrial. Bring us any information you may have, too.
Don't forget we have CHAT... top button on the main page menu bar... be sure to stop in and say "hi".
Cloey
Resource...
http://www.fox44.net/Global/story.asp?S=9719285
http://www.wickedlocal.com/wakefield/news/x390640901/Update-Jury-selection-continue-in-Wakefield-double-homicide-trial
http://news.bostonherald.com/news/regional/general/view/2008_07_28_Double-slay_trial_set_to_begin:_Prosecutors:_Victim_s_wife_was_trigger/srvc=home&position=also
http://www.wickedlocal.com/wakefield/news/x390640901/Update-Jury-selection-continue-in-Wakefield-double-homicide-trial
http://wbztv.com/local/Allstate.Concrete.Pumping.2.781531.html