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August 5, 2008
Posted: 10:46 AM ET

WOBURN, Massachusetts–Several more witnesses took the stand Monday in the Massachusetts trial of a man charged with murdering his ex-lover’s husband. Sean Fitzpatrick stands accused of gunning down Michael Zammitti, Jr. on March 13, 2006, after Zammitti’s wife, Michele, told Fitzpatrick that she was ending their affair and staying with her husband.  He has pleaded not guilty.

Chester Roberts, the second murder victim, apparently stumbled across the crime in progress, and was killed to eliminate a witness – a classic case of being in the wrong place at the wrong time.

One witness, a police investigator, told jurors about some leads that eventually helped point authorities to the defendant in this case. The defense then used the same witness to establish that there may have been clues that suggested someone else could have committed the crime.

But the most interesting part of the day – at least for the 10 women and six men who make up the jury – was when they left the courtroom and were bussed to the nearby town of Wakefield.

Jurors saw the location where the crime took place, as well as security video cameras on surrounding buildings. The Allstate Concrete garage/warehouse has changed significantly in the two years since the murders. According to prosecution witness Robert Manning, “There’s been a little remodeling to it; the base foundation of the business is the same, but I think the dimensions have changed a little bit. It was a very tall building; I think it’s been shortened. I think the office, where part of this crime took place, is not there anymore.”

In Session is airing this case live, beginning at 9 a.m. ET.

–In Session staff

Filed under: Fitzpatrick murder trial • Trials


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Danna, Winchester, KY   August 5th, 2008 11:50 am ET

I still have reasonable doubt. I need more to go on!

VirtualJuror   August 5th, 2008 12:19 pm ET

In my opinion so far, this phone tapped conversation has not implicated the defendent in any way. I dont understand why the prosecution would play this and how they felt it was going to help their case.

Lorrie   August 5th, 2008 2:29 pm ET

I disagree with the last comment.Within the first half hour of the phone conversation Fitzpatrick made mention of the cell phone records, which leads me to believe he knew enough to turn his phone off during the times of the murders.

Chissie   August 5th, 2008 2:50 pm ET

Michele Zamitti seems as guilty if not more guilty than Sean Fitzpatrick. This is a horrific crime. something seems missing in this case. As if there’s more that led to the two men sadly murdered.

Claudia M.   August 6th, 2008 12:08 pm ET

This lady is playing the whole court system. She has evaded almost every question by turning the answer around. I believe the prosecution has made her believe Fitzpatrick commited this crime.
It seems strange the police did not investigate the possibility that
the other victim had enemies or that he was the original target.

JohnnyR   August 6th, 2008 4:45 pm ET

It is interesting how the prosecution never learned the location of the cousin (the one who sued Zamitti, Jr & Sr over underpayment of wages) at the time of the murder until today, before he testified. Sounds like it was an oversight on the prosecution’s part and that they were only looking in one direction ONLY.

Paul   August 6th, 2008 6:39 pm ET

Claudia , Read Up On The Facts Of The Case That Have Been Released….Roberts Was Shot Downstairs While Attempting To Flee….Zamitti Was Shot Upstairs In The Office….Why Would Someone Who Wanted To Harm Roberts Shoot Him And Then Look For More People To Shoot ? Does That Make Sense ? I Think Not….Also Roberts Was An Occasional Worker For The Company , So How Would A Person Know He Was Even There To Target Him ?

S.   August 7th, 2008 1:31 pm ET

I agree with Paul that you guys are focusing way too much on Mrs. Zammitti’s testimony and ignoring the facts. How about the stolen truck from Fitzpatrick’s neighborhood with his DNA on it seen going to and leaving the crime scene? Then heading back north after?

Diane   August 13th, 2008 3:16 pm ET

“I told him that I wasn’t going to leave my husband; the only way he and I would ever have the opportunity to be together in our future was if something had happened to Michael.”

Wink, Wink, as one of the Commentors said. Aha, Aha.

This quote alone tells me she is guilty along with her lover. She is portraying herself as the poor old housewife dressing in black. I believe she is guilty, just as she was guilty of committing adultery and looks very sneaky.

my perspective anyway.

Stephen   August 29th, 2008 2:03 pm ET

HAVE U SEEN TRAINING DAY IT REALY HAPPENS TESTLER IS NOT GUILTY

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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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Ashleigh Banfield
Anchor of the daily trial program Ashleigh Banfield:Open Court
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