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Sean Fitzpatrick Murder Trial
New Hampshire
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 Company right after Fitzpatrick shot Zammitti with a 16-Gage 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
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08/26/08
Mistrial in Sean Fitzpatrick Trial
Sean Fitzpatrick Trial Update
Judge Kathe Tuttman declared the mistrial late Tuesday after the jurors insisted they could not reach a unanimous decision as to Sean Fitzpatrick's guilt or innocence.
The jury had reported a deadlock on Monday afternoon, and was instructed by the judge, on Tuesday morning, that absolute certainty could not be expected.
She also told them that they were not only competent to make this decision, but that it was their duty to decide the case.
The jury went back to deliberate, for the day, with those instructions in mind, but, still could not reach the much needed unanimous decision.
"We believe that we presented the best case possible against Sean Fitzpatrick, and that he alone is solely responsible for these murders," Middlesex District Attorney Gerry Leone said. "That fight will now continue zealously as we prepare for a second trial."
Resource...
http://www.boston.com/news/local/massachusetts/articles/2008/08/26/jury_reports_deadlock_in_mass_double_murder_case/
http://www.boston.com/news/local/articles/2008/08/27/double_slayings_case_ends_in_mistrial/
08/25/08
Jury Deadlocked
Fitzpatrick Trial Update
On the third day of deliberations, 12 jurors deliberating over the fate of Sean Fitzpatrick sent a note to the judge saying that after careful consideration of the facts and several votes, they are deadlocked. Shortly after, the judge, Kathe Tuttman, sent the panel home and ordered them to return to court tomorrow at 9 am. At that time, Tuttman will read a so-called “Rodriguez charge” — essentially instructing the jury to continue deliberations in an attempt to break their impasse.
Read resource details...
http://insession.blogs.cnn.com/2008/08/25/jury-says-its-deadlocked-will-return-to-court-in-morning/
08/22/08
Jury Deliberations Begin
Sean Fitzpatrick Closing Arguments
Testimony from Sean Fitzpatrick began again on Thursday, and soon after both the defense and prosecution gave their closing arguments.
Sean Fitzpatrick testified that he wrote the threatening letter, that he sent to the Zammitti's, by cutting words out of the newspaper and pasting it to note paper.
He testified that he didn't write the letter to mislead the police, but to mislead the Zammitti's, but then said he wrote it to mislead the police, also.
The prosecution had no further questions.
The defense tried to clarify some of the questions the prosecution asked including whether he tried to convince Gert to change the time she saw him. Fitzpatrick said he didn’t have a plan to do that.
He testified that there were 17 residential burglaries in 2006 in the small residential community. The three burglaries involved in this case were the only burglaries in Fitzpatrick's area in 2006.
The defense rested their case.
Defense attorney, Randy Gioia went first with the closing arguments.
He thanked the jury and said it was a horrific tragedy that two men were needlessly killed as it left many other victims behind.
"You have to put aside your emotions and decide the case just on the facts," Gioia said.
"How do you decide such an important case, important decision?” he continued. "You have to follow the rules of law. The judge will tell you what the law is after the closings."
Gioia said that two really important rules of law are the presumption of innocence and proof beyond a reasonable doubt.
I suggest to you ladies and gentlemen that when you look at the facts what you're going to find out is that Mr. Fitz is not guilty of murdering Michael Zammitti Jr. or Chester Roberts. He is not a murderer."
He told the jury that if there was only ONE reasonable doubt they must find him not guilty.
Gioia said, “Sean was a friend to the Zammitti family and an uncle, in name, to the Zammitti kids. Not one person in all of the 40 witnesses said that Fitz held ill will towards Michael Zammitti Jr.".
He told the jury that there were three major reasonable doubts:
No motive
No physical evidence
Poor police investigation
Gioia said there was no change in circumstances in the Feb 23rd meeting, where Michelle told him it was over, that would cause him to do this crime. Michelle called him the next morning and talked for 45 minutes and called him 30 times after.
Sean had plans to move away. He knew relationship couldn't continue in Mt. View, since the hug incident.
Sean said Michelle was a walking talking contradiction, but the relationship wasn't the kind that would cause him to kill Michael.
The second major reasonable doubt is that there is no physical evidence to connect Sean to the shootings. No murder weapon or anything found in Sean's house that connected him to the shootings.
The investigators took 6 to 8 hours to search the crime scene and couldn't find anything to connect him to the crime.
David Spears boot impressions were found. The prosecution said they were taken from Spears house.
Gioia pointed out that there were no tire impressions.
He said that someone stepped in Chester Robert's blood but there was no blood in Fred Martin's truck. Chester's body was moved yet there was no blood in the truck.
"There is no evidence that Sean Fitzpatrick was in seen in Fred Martin's truck," Gioia said. "No one can say when the truck was returned to Fred Martin's back yard."
He said only link to Sean in the truck was the DNA on the steering wheel. The outside of the steering wheel is smooth and the inside is notched.
They looked for fingerprints on the outside smooth part. They took the DNA from the notched portion of the steering wheel. The DNA could last a very long time in the notched.
It is likely that it was at the time that Fitzpatrick helped pull Martin's boat out of the water that he left his DNA on the steering wheel.
"You have to decide if Sean's testimony about helping Fred Martin get his boat out of the water was reasonable," Gioia said.
"They never found the murder weapon and Sean never owned a shotgun."
"The prosecution will try to tell you that Sean committed the burglaries but found no evidence. There was a fingerprint on a checkbook that didn't match Sean's."
"There were 17 burglaries in Freedom, 3 in Sean's neighborhood but that didn't mean Sean did them."
"The Massachusetts police did a lot of work in this case, but didn't find any records of shotguns in the house."
"You've got to look at the facts, The proof, the proof is what you need, not speculation."
"The threatening note was a stupid thing to do and a cruel thing to do. Did he write the note because he freaked out because he was scared that he'd be charged for something he didn't do?" Gioia questioned.
"Sean was put under a microscope by the police. The police put him under pressure by arresting him on bogus charges and following him."
"Because he wrote the threatening letter doesn't make him guilty."
"Once the police focused on him, they didn't really look at anyone else, that's the reason it was an incomplete investigation."
"Michael Zammitti Sr. gave them a list of who may have done the crimes. The police never went back to check on other possible killers."
Gioia pointed out to the jury that other people could have had a dispute with Michael Zammitti Sr. He was late getting to work that morning because of a phone call, so they may have been going after Zammitti Sr.
"The police didn't check out anyone else out,” he said.
There was a white box truck seen on the day of the murders. The police found two tire tracks. Somebody in the white truck may have committed the murders. There's reasonable doubt, according to the defense.
"Sean Fitzpatrick was in NH at the time of the murders. Gert saw him in Freedom NH."
The defense says that March 13 wasn't a routine day for Gertrude Decharme. She had to take her friend, Millie, to the gas station, so her time was off.
"The government has the burden of proof beyond a reasonable doubt that Fitzpatrick did this crime. If you have a reasonable doubt you must find him Not Guilty."
"Do you really know where Sean Fitzpatrick was on the morning of March 13th, 2006?"
"I ask you to find him Not Guilty, ladies and gentlemen," Gioia said. Then he was finished.
Assistant District Attorney Dan Bennett started his closing argument by saying the case was not about coincidence, but about evidence, and that Sean Fitzpatrick was there all the way.
"When Michael Zammitti Jr. was out on the ice that day was he trying to engage Michael Zammitti Jr. in a conversation."
He tried to get Michelle to commit to him over and over again.
He used to think about Michael having an accident because he wanted to be with Michelle. "Why should he engage Michael Zammitti Jr. in a conversation? He's taking his last shot to get Michael to leave his wife," Bennett said.
He called the rental car company and then realized it was being taped and hung up.
"He called 36 hours before the murders. That is evidence," Bennett said.
"Someone was in the car before 6:00 am in the morning. Somebody got the car open, getting out of the tight spot next to the house."
"Think about Fitzpatrick's motive and demeanor during his testimony."
"Do you think that Michelle didn't complain about the shotguns during the two years? He knew the guns were there. What kind of person steals the gun without taking the ammunition? He doesn't want to be driving around with boxes of 16 gauge ammunition."
Fitzpatrick drove to Massachusetts leaving a trail of time stamps because of the EZPass.
Bennett said Fitzpatrick was the person who had the motive to kill Michael.
If the object of the murder is Michael Zammitti Sr. the truck wouldn't have pulled in right after Michael Jr.'s truck pulled in. It would have waited until Michael Sr.'s truck pulled in as seen in the Electric Supply video.
The truck was identified as the same type of truck, and the tape and plastic were evidence on the truck.
"Just as we know Michael Zammitti Jr.'s truck entered the property, we know Martin's truck was there. It's not evidence in a vacuum."
He said that the person who shot him almost missed Jr. with the first shot, so it was not a professional.
"He gets closer and shoots him in the face. No ejected shells means it's a double barrel shot gun. He took the cartridges with him. Fitz starts down the stairs. In comes Chester Roberts, so he shot him in the back."
When his body fell it was dragged in a way that wouldn't get blood on him. The shoe print with blood was going in the wrong direction.
"There were a lot of tire tracks, but you don't know where Fred Martin's truck was parked, in gravel or on pavement."
Fitzpatrick said his first outgoing phone call was to David Boyd. David Boyd told the jury that he left for Concord NH that morning at 8:15 am. He was not in his office to take a call.
Bennett said that Sean Fitzpatrick lied to prioritize the calls. He couldn’t call Paul Taylor back, yet, because he hadn't seen Gert yet to establish his alibi.
He knew what time Gert goes for her walks. It was unusual that Sean was standing by his car drinking a cup of coffee.
Sean is the one who said Gert told him the time was at 9:00 am, 9:15 am or 9:30 am.
Gert isn't lying, according to Bennett.
"Why did he say he was at Dunkin Donuts now?"
He told David Spears he was at Freedom Market as he was recounting the morning’s events because he was going to be a suspect. They have camera's there. Now he's saying Dunkin Donuts because there are no video recordings.
While the police were investigating the recent break-ins, they noticed that Fred Martin's truck looked like the one seen in the Surveillance video so they towed the truck.
Bennett pointed out that Martin had testified that Sean didn't help him get his boat out of the water. Sean was never in Martin's truck, according to testimony.
"Who's the one whose memory is faulty? Who's the one who has NO motive to lie?" Bennett asked.
"Sean has the primary DNA on the steering wheel. Fred drove the truck for a month afterwards, why would Sean's DNA be the primary?"
Bennett told the jury that Sean Fitzpatrick said that relationship beak up was no big deal, yet he made up a fantasy world about Crystal Auger. "Did his story make any since? Why did he tell David Spears?" he asked.
"When you take away one life you take away everything Michael Zammitti Jr. had... his family, his wife, his whole life. Michael was in the way. Someone who had what Sean wants."
"He took away Chester’s life because he was in the way. He dragged him away like a piece of trash."
"They caught him because a toll operator made a mistake, and Martin found it."
"He (Sean) acted so distraught about the deaths, and then sent the threatening letter to the Zammitti's."
"There's only one person who wants the police to go in the wrong direction."
"He told Spears that he didn't write the threatening letter."
"He is the only one who had the motive and killed Michael Zammitti Jr., to take the truck, and to then shoot Chester Roberts."
"Find Sean Fitzpatrick Guilty of murder. Thank you," Bennett said as he finished his closing.
Judge Kathe Tuttman gave the jury their instructions. The jury was then sent to the jury room to start their deliberations. (NLH)
Interesting article about Superior Court Judge Kathe Tuttman...
http://www.captainsquartersblog.com/mt/archives/016077.php
08/21/08
Sean Fitzpatrick takes the stand
Sean Fitzpatrick Murder Trial Update
The defense opened testimony on Wednesday by putting the defendant, Sean Fitzpatrick on the stand.
Fitzpatrick recounted his relationship with Michelle Zammitti as a friendly one at first that turned to romance. They set the ground rules not to do anything but hug and occasionally kiss, but that changed soon afterwards, when they had oral sex.
He said it was just an innocent hug the day that Pat Zammitti caught him and Michelle in an embrace. After that, they felt they shouldn't be seen together. They always made sure someone else was around if they were together.
Fitzpatrick said that Michelle often talked about whether she was going to leave Michael or not.
Fitzpatrick talked about the night Michelle said she wasn't going to leave her husband. He had brought wine and thought they were just going to talk. He felt that Michelle was just yapping about the same old thing. She told him that she wasn't going to initiate anything unless Mike wanted a divorce.
Fitz testified that Michelle had told Mike that she didn't love him anymore.
He said that they knew that they shouldn't be doing what they were doing so he was going to move and that he started to sell items for that move.
The subject was then changed to Fitzpatrick's relationship with Crystal Auger. He said that they split up in 1986 and by 1994 the relationship was totally over. He said that after the hug with Michelle he told Pat that nothing was going on. That's why he lied to Pat, and others, and told her that Crystal wanted to get back together. He thought that it would take the heat off of the affair in people’s eyes.
Sean said that Michelle was wishy washy about being with him, so he lied to her about Crystal. He wanted to have her make a decision.
Fitzpatrick testified, while being questioned by his own defense, that on March 13th, 2006 he woke up at about 8:30 am.
He said he had been working on the walk way in his yard. He took off and got some coffee. He testified that he goes to different places for coffee. He believes he went to Dunkin' Donuts for his coffee that morning.
He told David Spears that he went to Freedom Market for coffee. Then he realized that he hadn't gone to Freedom Market. He wasn't thinking of himself as a suspect, so where he got his coffee wasn't significant to him. (He had also told Michelle, in the taped phone conversation, that he went to Freedom Market for coffee).
When he came back he saw his next door neighbor "Gert", who had testified earlier.
He got out of his red Ford F350. He was drinking his coffee and thinking about how he was going to design a plan for his front yard.
He saw Gert going for her morning walk. He told her good morning and she said “hi” back.
After seeing Gert, he went in to see if he had any telephone messages. He saw that Paul Taylor had called him, and David Boyd.
He realized he was supposed to move David Boyd's truck for him. He called him at 9:45 and they cancelled the truck moving.
Paul Taylor called him at 10:34 and told him that Michael and Chester were shot.
Michael, Michelle's son, came over the Saturday before the murders and they were doing donuts with the ATV on the ice.
Michael Zammitti Jr. was there. He said he was sorry about all the stuff that happened last summer (the embrace with Michelle). He said that Michael Jr. said it was no big deal... people just like to talk, we're all friends.
March 21st. Police wanted to take him to the police barracks. He didn't want to go. Police asked why he wasn't cooperating. Flags were going up. He said he'd give DNA samples. He decided it was time to call a lawyer.
By this time everybody knew about the affair. He wanted to get some professional advice.
A few days later, March 24, the police came and arrested him. They told him that his license was suspended in Massachusetts. He got a fax saying that it was a mistake. There were several troopers there from Massachusetts. He realized he was there on a bogus charge and that they were after him.
One officer said "Well, well, well.... look who's here... you want to talk to us now?” Then he thought "game on... they're after me"
He said he had nothing to do with the three break-ins in the area. He thought he would get arrested for it because his finger prints were in the homes. He was worried about them looking into Martin's truck because they might try to pin something on him.
He said he wrote out a power of attorney to David Spears because he was arrested and being followed by cops.
He admitted that he wrote the threatening note that said "close now or lose more family." He did it to try to throw people off of thinking he may have done it. “I wish that I hadn’t as soon as I did it. It’s not something I would ask forgiveness for, but I did it. I was freaked. I was gone.”
He said he was freaked at the time he wrote the note. He said he was drinking too much and not eating enough.
He testified that he never saw a shot gun in Michael Zammitti's house. He also said he never knew of the thefts of the fire arms.
According to Amy Barber, a DNA analyst with the Massachusetts State Police crime lab, “The DNA profile obtained from the steering wheel indicated the presence of a mixture [of DNA]; Sean Fitzpatrick was the major donor of the profile . . .” “What is the statistical calculation of someone randomly selected matching the profile to the extent Mr. Fitzpatrick does to the steering wheel?” The answer was, “One in 931.1 thousand [931,100] of the Caucasian population.”
To explain why his fingerprints were found in Fred Martin's truck, Fitzpatrick said he was in Martin's truck in the fall of 2005. Martin was moving a boat out of the water. Marin was having trouble so Fitzpatrick came over and helped Martin get the boat adjusted. He got inside the truck to help him out.
He also helped him raise a canopy on his boat. He said he had loaned Martin his wet/dry vacuum to clean out his trunk that Martin had left open and collected water.
He told David Spears that he made the statement about not being able to support a family on $12/hr, but it had nothing to do with HIM... just the fact that any family would have a hard time living on that amount.
The prosecution cross examined Fitzpatrick.
Fitzpatrick said that things between him and Michelle were “status quo”, on March 11, but he couldn’t continue doing what he was doing (with her). Fitzpatrick testified that he went to Whittier House for dinner, on March 12, but didn't know when he left. His charge slip recorded the time at 8:58.
He said he thought he stayed up late, but he wasn't sure as nothing that stood out that caused him to remember when he went to bed. He woke up at 8:30 am but usually wakes up at 6:00 am.
On the back of the receipt he wrote a poem that read, "Don't walk behind me I may not lead, don't walk ahead of me, I may not follow, just walk beside me and be my friend."
He testified that his cell phone was on the kitchen counter, as best he remembered, and that he checked for any messages he may have received, the morning of the 13th. He hit *86 to check his voicemail.
When questioned, he couldn't remember if the phone was on or off. He was emphatic that he talked to Boyd that morning.
Fitzpatrick stammered with his testimony about locations of calls from Mr. Boyd. He just can't remember. He couldn't have gotten a message about Mr. Boyd's call. Then he recollected that Boyd called him back.
He checked the phone records on a chart that was before the jury, and couldn't find the call. Now he was confused and not sure, but he claimed he talked to him that morning. (He's not sure of anything at that point).
He was asked how many times between March 1st or March 13th he checked his voice mail by hitting *86. He said he didn't know, but the phone records showed that that was the only time during those dates.
He couldn't remember when the sequence of events happened. He talked to David Spears, best friends for years, the morning of the murders. David testified about the conversation he had with Fitzpatrick that morning, earlier in the trial.
Fitzpatrick hemmed and hawed over almost every question asked by the prosecution. He would testify to an event happening and then when cornered he couldn't remember for sure.
Sean said he saw Gert when she was driving in, from about 50 yards away. He said he didn't actually see her, just her vehicle, but assumed it was her as it was her vehicle.
Sean told Michelle he got a call from Paul Taylor about 9:40 am March 13th. He admitted that he got the call from Paul Taylor at 10:34 am. He was confused about the time.
The prosecution got Fitzpatrick to admit that he wanted Michelle to leave her husband. They discussed it many times. He also had said earlier that they knew the affair could not continue the way it was going.
The prosecution asked, "What time did you see Fred Martin's truck pass by?" He replied, "Gert had told me anywhere from 9:00 and 9:30."
When he was standing in his driveway, he testified that he never saw Fred Martin's truck drive by that morning. Fitzpatrick couldn't explain why he didn't see Martin's truck pass while he was standing outside. But then identified alternative ways Martin's truck could have taken to get to Martin's house, and not pass his or Gert's.
The prosecution asked about the elaborate story Fitzpatrick made up about Crystal Auger, his ex-girlfriend. Fitzpatrick testified that he did this to get Michelle to make up her mind about her marriage. The lies got out of control. He started to lie to David Spears about Crystal, too.
He said that he liked the Zammitti family so he spread the lie also so the Zammitti's wouldn't think anything was going on with him and Michelle.
He used to have a daydream about her husband having an accident, so he (Michael) would be out of the way, but he testified that it was, basically, just wishful thinking.
Fitzpatrick told the prosecution over and over again he NEVER tried to get Michelle to leave her husband. Michelle would be leaving her husband because she didn't love Mike anymore. He said that it was always up to Michelle for that decision.
He testified that dreaming of being the “Monday through Friday” dad and Michael being the week-end dad wasn't trying to convince her to leave her husband.
He also told the jury that saying "You know what I want" to Michelle, (referring to them being together as a couple) wasn't trying to get her to leave her husband.
Then he said, "We could not be together unless she left her husband."
According to Fitzpatrick, his memory, after the conversation about the murders with Paul Taylor, became blurred, as he was in shock.
He told Michelle, during the taped phone calls, that he would remember that day like he did the 911 terror attack.
The prosecution pointed out that Fitzpatrick told Michelle that he “had a concrete thing (alibi)” during the taped phone call. Fitzpatrick disputed the way it was said, and recalled it as just repeating what Michelle said. He did admit that it was good for him that Gert had seen him that morning.
Not long after that, Sean started dating Donna Ducharme, Gert’s daughter.
He started dating Donna Ducharme, Gert's daughter. He had a physical relationship with her and told David Spears that he didn't find her attractive.
When asked by the prosecution, “Did you try to get Donna Ducharme to talk to her mother about the time she saw him? (the morning of the murders).” Fitzpatrick said, “No.”
(IMO...Fitzpatrick doesn't recall anything when he talks to the prosecution...” just can't say anything for sure.” He “wasn't paying attention”, according to him. He's very evasive with his answers and is mastering the art of circular arguing. As a thirteenth juror, I find that not only irritating but suspicious).
Closing arguments are expected on Thursday, August 21. (NLH)
DNA evidence resource...
http://insession.blogs.cnn.com/2008/08/20/fitzpatrick-takes-the-stand-at-murder-trial/
08/16/08
Sean Fitzpatrick Week In Review
Sean Fitzpatrick Murder Trial
A good friend of the Zammitti family, Paul Taylor, took the stand early this week. Paul had met Sean Fitzpatrick through Michael Zammitti Sr., and they had become friends.
Taylor testified that he had tried to call Fitzpatrick two times, the morning of the murders, but Sean didn’t pick up. He got a hold of Sean at 10:33am and told Sean that Michael had been shot. (These calls had been confirmed earlier in the trial by the phone company).
During the taped conversations between Michelle Zammitti and Sean Fitzpatrick, you may remember, Sean had told her that Gertrude Ducharme had seen him between 9:00am and 9:15am the morning of the murders.
Gert testified that she went on a walk at 10:00am that morning and got back about 10:15am. She had played several computer games, noting the times so she could try to beat the last score.
Gert said that after the games Sean came to her house and told her that Michael had been shot.
Both testimonies, by Gertrude and Paul Taylor, impeach Fitzpatrick’s timelines.
Fitzpatrick’s ex-sister-in-law, Tamala Sa, took the stand and testified that Fitzpatrick told her that he thought the cops were after him for the murders. Tamala Sa knew about the affair.
She also testified that Sean told her he saw his neighbor, Gert, at about 9:00am. She also testified that near the end of 2005, his ex-girlfriend Crystal Auger, contacted him and expressed an interest in getting back together. Fitzpatrick said he was already in a relationship and wasn't interested. Shortly before his arrest on the murder charges, Tamala called Fitzpatrick to ask if he had received an invitation to an upcoming wedding.
“He told me that he was nervous about being looked at about the murders,” said Sa.
An emotional Patricia Zammitti, Michael Zammitti’s mother, took the stand and testified about going to the cabin on August 18th, 2005 and finding Fitzpatrick’s truck parked there. She had been suspicious of Sean and Michelle’s close friendship for a very long time.
When she opened the back door she saw Sean and Michelle in an embrace. She said she was speechless, and walked out.
Patricia called and talked to Michelle the next day. She later talked to Michael after giving Michelle time to talk to him first. She told Michael that her suspicions had been confirmed.
Sean never spoke to Pat again, after that.
After death she watched Michelle's house while she was visiting her mother in Florida. She found a piece of mail with a return address from Sean Fitz.... she opened the mail.
It read “I'm sorry for any shame and embarrassment I caused for you and your family.”
Patricia Zammitti also testified that her house had been broken into the month of the murders.
The month after the murders, April, 2006, she received a threatening letter that said, “Close now or lose another family member.” Authorities believe the note was sent to make investigators believe Zammitti's slaying was related to the family business.
David Spears took the stand next. He was best friends with Sean Fitzpatrick for many years.
Spears knew about the affair between Sean and Michelle.
He testified that in the fall of 2005 Fitzpatrick was looking for work at a place that only paid $12/hr and he asked the boss "how can I support a family of 5 for that amount.” Spears found the statement strange, because Fitzpatrick was not married and didn't have any children living with him.
He knew that Michelle and Sean met in the fall of 2006, and that Sean didn’t think that Michelle was going to leave her husband. Sean ended the meeting by grabbing her elbow and escorting her out.”
On March 13, 2006, the day of the murders, Spears was at work and received a voicemail from Fitzpatrick, from a business number, at 10:52 am that Michael and Chester were murdered. Fitzpatrick felt that he would be a natural suspect, given the phone bills. “He told me he went to Freedom Market for coffee that morning. I told him that the cell phone tower would put him far away from the crime scene. He agreed with that,” Spears said.
At 2:31 pm a call was made from his home phone and they talked about the murder.
At 4:44 pm they talked again about why the murders would have happened. Fitz told him that the police would probably be questioning him in the morning, and he started recapping his morning and what he’d been doing.
He told David that he had gone for coffee at Freedom Market early that morning, somewhere around 9:00.
Spears came across a phone bill of Fitzpatrick. He started to call some of the phone numbers. One call was made to National Car Rental.
Spears was becoming suspicious of some of the things Fitzpatrick had said to him, including what time he went for coffee at Freedom Market.
Sean told David that he and Michael Jr. had a “clearing of the air” a day or so before the murders. He met with Crystal Auger (an old girlfriend) and that she wanted Sean back. He wanted to get back into a relationship with Crystal's son.
Spears also read parts of two letters Fitzpatrick mailed from prison. In the letters, Fitzpatrick recognized there was DNA on a letter and on neighbor Fred Martin's truck, the truck prosecutors argue was used in the murders. The letters also claimed that Fitzpatrick was in Freedom at 9:30 that morning, as originally argued by the defense.
Fitzpatrick became more and more paranoid and gave David power of Attorney in the event of his arrest so that he could get his affairs in order.
The trial is expected to go to the jury as soon as Wednesday. (NLH)
Resource for some information…
http://www.wakefielditem.com/
Details of investigating officer’s testimony…
http://wakefieldnews.blogspot.com/2008/08/troopers-testify-on-fitzpatrick.html
A local judge has ordered Massachusetts business partner, Paul Taylor, of alleged double-murderer Sean Fitzpatrick to turn over more than $100,000 in “joint venture” cash to a frozen Fitzpatrick bank account. The latest action in a wrongful death suit filed by the victim’s family, the assets, once held by Paul Taylor, were attached pending the outcome of a Bay State murder trial currently under way.
Read Details….
http://ossipeelake.org/news/2008/08/15/judge-orders-fitzpatrick-associate-to-turn-over-120000-pending-outcome-of-murder-trial/
Notes 08-08-08
Surveillance cameras and video tape
Sean Fitzpatrick watches as they tow Marin's truck
Richard Cass of the Wakefield Police testified, Thursday, that they were looking for two vehicles that fateful morning. They were looking for a white box truck and a black car with a dent in it, that had a white spot in the middle.
He found the black car with the dent and ran checks on the vehicle, and found nothing of interest.
During his investigation he located surveillance cameras.
He found several videos of that morning. One time counter was 7 minutes fast. One of the other cameras time was accurate.
On the video they saw the white truck of Michael Zammitti Jr.'s. Michael Zamitti Sr.'s vehicle was seen approaching later. He also saw a dark colored truck shown at the crime scene.
Cass traveled to Freedom NH to investigate three house break-ins. Fred Martin's home was one of the houses broken into. On March 29th Fred Martin was in Florida.
When Cass was investigating the break-in, he saw Martin's green Ford pick-up truck. He said it looked similar to the vehicle he saw on the surveillance camera, so he took pictures.
Cass also noticed the truck was dirty, and an inspection sticker and EZPass in the front window. He saw that the back window of the truck had been broken and was taped with duct tape. He also found a coat hanger in the truck. It had been changed from it's initial shape and pulled out with a hook at the end.
The jury was shown various photos of the truck.
The police got permission from Mr. Martin to tow Martin's truck and inspect it.
When they arrived to tow the vehicle, he saw Fitzpatrick being dropped off from another vehicle.
Fitzpatrick got a rake, and was standing looking down towards them and raking. He raked the same area, at the corner of his property, over and over, for about 15 to 20 minutes. Cass testified that there were patches of snow on the ground, near where he was raking.
The photos from the surveillance camera showed Martin's truck at the Allstate Concrete Co. at about 7:38. Mr Zammitti Sr.'s car arrived just a few minutes after.
Dr. Nicholle Spaun took the stand. She is a highly qualified scientist who did image comparisons for the FBI.
Spaun was asked to do comparisons of pictures of the truck seen at the concrete company and photos of Mr. Martin's car.
She pointed out all of the different markers of comparison to the jury.
In comparing photos from the digital cameras and video tapes, with Fred Martin's truck, she found the vehicles to be the similar, if not the same.
The trial won't resume until Tuesday, August 12. (NLH)
08/07/08
A Timeline Interrupted
The prosecution finished playing the taped conversation of the phone conversation between Michelle Zammitti and Sean Fitzpatrick, this morning.
During the conversation Fitzpatrick said that someone named "Gert" had seen him between 9:15 and 9:30 am the morning of the murders, back in his hometown, thus giving him an alibi.
Fitz said he was a greater friend to Michelle and that Michael would be a better week-end dad. If being with "him" would help their relationship it was fine, but after time passed he didn't want her with Michael anymore.
The defense tried to discredit Michelle's testimony by saying that when she said "The only way that he and I would have something in their future was if something happened to Michael,” it wasn't presented to the police right away on March 16th, and insinuating that she made it up.
Gertrude Ducharme, 75, Freedom New Hampshire said she went for her walk at 10:00 am, as was her habit to do each morning at that time.
She testified that her walks take about 15-16 mins.
She heard Fitz as she passed by his house. He was standing there leaning on his truck with what she thought was coffee in a cup.
When she would come home she would play card games on the computer. Her computer gave out time evidence as she played the game. She also would look at her watch after each game that took only a few minutes to play, as she would try to beat the time of the precious game.
After she finished her games Sean came to visit her. He told her Michael was dead.
She only saw Michael once in awhile before the deaths. She said after the murders she saw him about 97% of the days.
The defense tried to make a big deal out of whether or not it was coffee in Fitzpatrick cup. I'm really not sure what that was all about as it looked more like they were picking on a 75 year old woman over nonsense.
Gertrude did a great job of holding her own through the defense techniques, but I have to say as a thirteenth juror it didn't set well with me. I can't help but wonder what the real jury thought.
At first I wondered if the taped phone calls didn't make Sean Fitzpatrick look more innocent than guilty. Now, it seems that the conversation may be his undoing as his timeline and possibly phone calls, that went out and came in, get dismantled by the prosecution, as is what happened with Gertrude Ducharme's testimony, today. (NLH)
08/06/08
Taped phone calls heard by jury
Michelle Zammitti, Michael Zammitti Jr.'s wife, took the stand today and told the jury of her intimate involvement with Sean Fitzpatrick over the past few years.
After her testimony, they spent almost 2 hours playing taped conversations between her and Fitzpatrick to the jury. Michelle was aware that the tapes were being recorded.
Michelle started her testimony by telling the jury that she was a truck driver when she first met her husband, Michael. She thought he was the most wonderful man she had ever met, and they were married on July 17, 1995.
She said that she met Sean in 2001, and that they were just friends. That friendship increased overtime, and the kids called Fitzpatrick Uncle Sean.
Michelle started to feel neglected and that she wasn’t important to Michael, anymore. She said that Michael worked all of the time, and spent little time with her.
During that time her friendship had developed with even more intensity, and in January of 2005 Sean told her he had fallen in love with her.
Sean wanted her to leave Michael. He told her she was taking the easy way out by staying with Michael and that she was staying for the money and security.
She testified that Fitzpatrick told her that if they were together, he wouldn’t work as much and spend time with her and the kids. He had visions of coming home to her as she was hanging clothes on a clothes line, and spending happy times with the kids.
Sean and Michelle went out snowmobiling while her mother-in-law watched the kids. They hugged, kissed and held one another.
One evening, in April, she was getting ready to go out to dinner with Michael, the three kids, a neighbor and Fitzpatrick. She said she wanted to dress special so she put on an old motorcycle jacket with fringe hanging from the arms. Michael didn’t want her to wear it and gave her a bad time about it. Later, Sean told her he liked the jacket and would have let her wear it.
Afterwards, she was drunk and she and Sean took the dog for a walk. The couple ended up hugging and kissing and the first sexual encounter occurred.
In the summer of 2005, she told Mike that she wanted to work on finding the love that was lost and that she didn’t love him the way two people should love one another, anymore.
He asked her if Sean was the “new” guy, and she said, “You’re letting him be.”
Michael suggested they go to counseling, and for the first time, and didn't put the idea down.
At one time she had gone to friend’s house and Sean walked her and the kid’s home. The children went inside. He hugged her and he said "how can we deny ourselves this" she said "because I'm married". Her mother-in-law caught them in an embrace. She called Michael and told him about it, and he said. “Fix it or I'm not coming home.”
Michelle said she tried to end the relationship with Fitzpatrick without hurting his feelings.
Michelle saw Sean a couple of more times that year. She said she saw Sean right before Christmas, and told him to give her some time and some space so she could perform her duties as wife and mother without stress during the holidays.
She said that in February of 2006 Fitzpatrick was giving her kids a ride on the ice in an inner tube with a rope attached. She wasn’t comfortable with the kids doing that so she let Michael know.
She met up with Fitzpatrick to let him know that she wasn’t going to leave her husband. Sean had brought a bottle of wine, cheese and crackers. He got upset with her and shoved her into her car.
Sean wanted her to leave Michael for a couple of months to find out which one she wanted. She said she wasn't going to leave her husband.
“The only way that he and I would have something in their future was if something happened to Michael,” she told Fitzpatrick.
On the Friday before Michael’s murder, March 10th, she talked to Sean on the phone. Sean asked her again to make a decision about her marriage.
On Monday morning, March 13, 2006, Michelle had just gotten out of the shower when she received a phone call from her sister-in-law who told her Michael had been shot.
She was told he was in the ambulance, so she thought he was still alive, but a police officer informed her he was dead.
She said she wanted to call Sean.
At first she lied to the police about Sean but a few days later, told the truth.
On March 20th the police asked her to talk to Sean and tape record her conversations.
Before the tape was played to the jury, the prosecution asked Michelle about a book of poems that Fitzpatrick had supposedly written to her, in January of 2006.
On the 2nd page of the book, the top line said “Inspirations of Love”. This had the initials S.D. by it. Michelle said the S.D. stood for Seany Dangerous. Below that it said “first edition and had initials that meant “The day I said I love you.”
Then they played the audio tape of the phone conversation between Michelle and Sean, set up by the police.
Video resource...
http://www.dailymotion.com/TrialBuzz
08/05/08
Monday's Testimony
There were only a couple of hours of testimony before the jury was taken on a "view" of the crime scene at Allstate Concrete Co.
Sgt. Robert Manning of the Massachusetts State police took the stand, again, this morning.
During testimony, the prosecution questioned Manning about his investigation and other people he questioned. Investigators had gone door to door asking anyone in the area if they had seen or heard anything the morning of March 13.
Manning also testified that they stopped cars in the area to find out if they regularly passed through that area, and if anyone saw or heard anything.
A tip had come in from a woman named, Linda Davis, that on the morning of the murders, she was in he area of the Allstate Concrete Co. She reported that a white box truck cut her off at a high rate of speed. She said that the white truck had a commercial license plate, red lettering on the side, and a chain hanging down.
Manning investigated the incident thoroughly, and couldn't find any truck that fit that description. Manning said it wouldn't be unusual to see a box truck in that area.
A man named Paul Taylor had had an argument with Zammitti Jr., at one time. He, too was investigated thoroughly. It was revealed in later testimony that Taylor and Fitzpatrick had spoken on phone near the time of the deaths.
Another man in question was a man named Romano. He was a book-maker who may have placed bets for Zammitti Jr.
Arthur Dionne, who works for the post office, identified an envelope that was mailed from Fitzpatrick to Michelle, Michael Zammitti's wife who he was having an affair with.
Each mail piece has an ID tag that tells where it was processed. This doesn't always match the postmark, as other areas or towns may have their mail processed at a larger post office.
Dionne helped to lay the foundation for when letters were mailed and where from, as stated in the background section at the top of this page. (Other print and DNA evidence should be coming in at a later date).
The prosecution says that Sean Fitzpatrick Murdered Michael Zammitti Jr. and Chester Roberts.
The defense says it could be someone else who committed the murders.
IMO the prosecution was showing the jury that the investigation was thorough and that the police and investigators did not find any reason to suspect any other possibilities than the defendant.
The defense is trying to show the jury that Zammitti Jr. had other people who may have had animosity towards him, and could be the murderer. (NLH)
CNN article and picture of Allstate Concrete Co.
http://insession.blogs.cnn.com/2008/08/05/jurors-in-murder-case-visit-crime-scene/
08-02-08
First day of testimony in Sean Fitzpatrick murder trial
Sean Fitzpatrick Trial Update for Friday, August 1
The first day of testimony started off promptly at 9:00 am with police officer Steven Ramochi taking the stand.
The officer was the first on the crime scene after Michael Zammitti Sr. called 911.
He testified that he found Chester Roberts at the bottom of the stairs, shot to death. He then went upstairs to find Michael Zammitti Jr. dead, also.
They showed the jury crime scene photos.
Michael Zammitti Sr. took the stand next. He was co-owner with his son of the Allstate Concrete Co.
He testified that he saw his son's car when he got to his business.
He came through the garage and found Chester Roberts laying there. He started screaming. He ran to the phone to call 911 and was screaming for Michael, not knowing of his condition at the time. The 911 call was played for the jury.
After the call he went upstairs and found his son shot in the head. He said he hugged, kissed and held his son. Then he told him he loved him and called his wife.
Zammitti testified, in cross examination, that he had guns in a downstairs closet in a bedroom. A .22, bb gun, fathers shot gun, and his own shot gun.
Fitzpatrick lived across the street from Zammitti Sr., and would live year round in the house, provided by his aunt.
He said that he knew Fitzpatrick who had, had lunch at his home on rare occasion and had helped him do small chores from time to time.
Zammitti also testified that Fitzpatrick was not given keys to Zammitti Sr.'s house.
Zammitti Sr., had told Fitzpatrick, in the past, that he should grow up, and quit messing around with all of the married women, and bragging about it.
The defense was tough on Mr. Zammitti trying to allude that someone else could have had a vendetta against him, and his son.
The next witness was Richard Gobeille, who works for the Toll Commission. He explained to the jury how the E-ZPass system, and the transponders, usually attatched to the windshield, worked.
Records are generated when you have the E-ZPass and the transponder whether you cancel and use cash or have the toll charged to your account.
The prosecution believes that Fitzpatrick stole his neighbor, Fred Martin's truck, and drove it to and from the crime scene, passing 3 tolls going south and 3 tolls going north. The times the truck went through these tolls coincides exactly with the times of the murders.
6:40 am the truck passed through Rochester toll plaza (S)
6:51 am the truck passed through Dover toll plaza (S)
7:04 am the truck passed through Hampton toll plaza (S)
8:29 am the truck passed back through the Hampton toll plaza (N)
8:41 am the truck passed back through the Dover toll plaza (N)
8:51 am the truck passed back through the Rochester toll plaza (N)
In all but one of the transactions the driver cancelled the E-ZPass transaction and paid cash, so as to not charge the tolls to Fred Martin's account. On the single transaction the toll was paid with cash and also charged on Mr. Martin's account.
Gobeille opined that the driver may have pushed the wrong button instead of cancelling the transaction.
Firefighter, Michael Long, was the third witness for the prosecution. He testified that he was called to the scene. He wasn't allowed to go into the premises as, police officer, Ramochi told him it was a crime scene.
He saw Mr. Zammitti outside of the building and described Zammitti as very emotional, pounding the ground, kicking his feet, and crying out, "They killed my son, they killed my son!."
The victim's father was so traumatized that he started having chest pains and they took him to the hospital, later that day.
John Benedetto saw Chester Roberts that morning, at his own place of work, near the concrete co, around 8:00 am as he best remembered.
He saw someone walking towards the Allstate Concrete Co. when he left his business that morning. He was wearing a Carhartt working jacket, tan work boots, light colored jeans and a light grey sweatshirt.
He said it wasn't Chester Roberts and he couldn't identify the person as Michael Zammitti Sr.
Chester Roberts sister, Patricia Giskes said her brother lived within walking distance of his work at Allstate Concrete.
Kevin Leahy driver for UPS, was at a service station to get his car repaired, near the Allstate Concrete Company the morning of the murders, at about 7:45 am.
He waited for a ride from his wife, once he dropped his car off. While he was waiting, he saw Chester Roberts walking towards him. He passed him and continued on to the concrete company. He waited awhile longer before his ride came, but didn't see any trucks come out of the area or any loud noises.
You may remember Sgt. Robert Manning of the Massachusetts State police, from the Neil Entwistle trial. In 2006 he was a death investigator.
By the time he arrived at the scene it had been taped off and many emergency vehicles were present.
He was asked if a photo depicting the crime scene was accurate, and he said it was. Then a crime scene video was shown to the jury just before they recessed for the week-end.
In every case the prosecution tries to establish motive, means and opportunity.
Evidence presented today shows that Fitzpatrick had the opportunity to commit the crime.
Evidence also showed that Chester Roberts walked to work, as was his habit, and was seen by two different gentlemen going towards Allstate Concrete Co. at approximately 8:00 am.
If the murderer killed Roberts because he walked in on the crime, that means that Michael Zammitti Jr. was killed near 8:00 am, also.
Both murders occured within the toll record time stamps. The car passed the first toll going back north at 8:29 am.
Court will be back in session on Monday, as they take the jury on a field trip to the crime scene. (NLH)
Beth Karas CNN video update:
http://www.cnn.com/video/#/video/crime/2008/08/01/in.session.fri.fitzpatrick.trial.cnn
07/31/08
Join us and watch the trial!
Sean Fitzpatrick Love Triangle Murder Trial
Jury selection finished Thursday morning, at about 11:30 am.
The jurors were sworn in and given their jury instructions. That left just enough time for some very brief opening statements.
The trial is scheduled to start Friday, August 1, with testimony from the prosecution.
This looks like a great "Who done it" for trial watchers. The defense said, defendant, Sean Fitzpatrick will be taking the stand.
Court will be recessing each day at 1:00 pm EDT.
Court will be closed on Friday, August 8, and Monday August 11th.
See you in Chat!!! (NLH)
More to come...