Massachusetts murder case winding down

The prosecution seems inept. Their opening statements do not appear to corresponde with the evidence presented to the jury. Having served jury duty on two different cases in a rural area I expected more from these big city prosecutors than what I witnessed in my own experiences. In theory the circumstances seem to fit with the prosecution of Fitzpatrick, but the state and law enforcement seemed to only want to find the low road in this case.

i don't think the prosecution has any hard evidence against fitzpatrick. they are hoping the jury will focus in on the affair and just assume he did it especially since the wife convientally waited until the eve of trial to say she told him something would have to happen to her husband before they could be together. it's completely circumstantial. let's just hope the jury is one with common sense.

Reasonable doubt? I've got it.

Hello,
I believe that Shaun Fitzpatrick is just a scape goat, mainly because he had an affair with the widow of Mr. Zammitti. Give me a break, what about checking on who else would do this, especially being that the Zammitti's own a concrete company and Italian.
Thank you,
Betty

The DNA profile from the steering wheel matches a "Handler Profile" to a degree of the suspect. It does NOT match the suspects actual DNA. This is a critical difference. It only proves someone, at sometime (doesn't have to be during the crime) touched the steering wheel who is in the same profile catagory. Sorry, not good enough.

have they given sean fitzpatrick a lie detector test?i think the scorn widow needs to take a lie detector test.i think she framed him so she would be free and have her husbands money.shes a fake.she seems sad yet,shes sitting by her mother-in-law like the perfect daughter-in-law.if i cheated on my husband my mother-in-law wouldnt be any where near me.when someone hurts your child its the worst thing on earth.thank you,degina in arkansas

Where is the stream? Not working once again after break

I DONT THINK HES GUILTY,I THINK SHE COULD HAVE SET HIM UP BY HIRING SOMEONE TO DO THE MURDERS AND SHE PICKED THAT TRUCK KNOWING IT WAS NEAR HIS HOUSE.SHES FREE AND HAS HIS MONEY.SHES A GREEDY,SELFISH WOMAN WHO COMMITTED ADULTERY.SHE SHOULD BE ASHAMED OF HER SELF.DG IN ARKANSAS

Maybe I'm wrong but no one can place him, or the truck at the scene. The FBI testified they couldn't be sure about the i.d. of the truck in the video either way. There's a 1 in 990,000 chance that a random individual who is white would match the same profile, and yet there is a 1 in 220,000 chance that a male from another group would match the same profile. Did I hear that right?

degina,
I agree with you that Michele is classless, however, unless the DA can prove beyond reseaonable doubt that she was responsible for Mikes and Chesters deaths then she's going to live her trashy life.
as far as Sean goes, I thought it would be a solid case however, i'll leave it for the jury. Any chance that DNA is transferable/planted ?

I totaly believe the prosecution bit off more then they can chew this time, has Michele ever been questioned about her morning of the murders and where she was? and did she take a lie detector ? I think she knows more then shes saying and i also question why she would tell sean the only way they would be togather is if her husband was gone

I would have a hard time convicting Mr. Fitzpatrick of this crime except for one thing.....they can prove the truck was driven through the tolls on that day with his DNA on the steering wheel and keys. That would convince me if I was on the jury.

i want to know if sean did not drive the truck did it drive its self to and fro?

It is a shame that you know you have the right guy. But because of "reasonable doubt", you are going to have to find a double murderer not guilty!

I just watched the prosecutor's statement and he needs to get a good map of the roads in NH. He kept referring to the Everett turnpike which runs between Manchester & Nashua. The Hampton tolls are on I95 just south of Portsmouth and the Dover & Rochester tolls are on the Spaulding turnpike. All of these locations are at least 50 miles away from the Everett tpke. The more I see of this case the more I think there is reasonable doubt that he didn't do this.

there is simply not enought to convict this man, the jury will have to see this for what it is NOT GUILTY cheryl from sacramento

Mrs. Zammitti is so unbelievable. Her constant crying after two years is too much. I believe that she knew exactly what was going to happen and she was shocked that what she wanted really happened. I don't believe her at all. This whole case does not add up.
Pamela, Ca

After reading the comments it seems that the evidence is weak but he seems like a slick character.....the comments seem to convict the widow more than the defendant – please people give her the same benefit as you are giving him. Quick to convict her and not him????? I am sure they ruled out any other person who may have had a grudge against the victims....before focusing on this defendant. And the defendant hasn't been able to prove that it wasn't him....it points more that he did do it than he didn't do it......

I think she's to blame !. Now, when her husband is dead she crying !!. Was she crying when she was cheating on him or when she said "I would only be with you if something happened to Michael in a future !!". Physically she didn't help him but mentally she had influence on Fitzpatrick.

also when a car pass through those tolls the license plates are captured on the video, was not the truck license captured? and how about when the truck was caught on the camera at the place Zimmitti worked, was not who was coming out of the building being video taped?

Guilty, guilty, guilty!!! Who else had such a strong motive. Get rid of Michael and Michelle is free! Anyone who has been dumped or has dumped someone, knows it can turn ugly. Stalking, vandalism, incessant phone calls, pleading, and finally violence. Classic case.

well michelle is getting all the attention and dramer that she planned for
lets see if the state can see right through now

A great deal of reasonable doubt – BUT I think the jury will convict.

I still don't understand why nobody check Chester or Mr Zammitti sr.
Maybe somebody want a revenge on them and kill anybody at the plan that was there on the wrong time. I agree with everybody that Michelle crying and sad boxer face is just ridiculous! She is the one who wants the husbund out of the picture!!

Absoutely no evidence of guilt. No DNA on Truck Transmission
shifter, no proof that this truck was anywhere near the murder scene.
No evidence that the defendent ever owned a shot-gun.

How did the prosecutor get this case in court with this evidence?

Sounds more like Z's had some enemies in the cement business.
What was ZJr going to testify about?

I don't know if anyone has said this again, but, the DNA on the steering wheel, most likely got there from: Mr. Fitzpatrick shaking the hand of the trucks owner, then the owner takes his keys in that hand, and starts the truck and drives it......otherwise, the truck tire tracks do not match any at the crime scene.

?

He will probably get off due to reasonable doubt but I do believe he is guilty. DNA on the truck steering wheel, the time line fits, his best friend believes he's guilty. He will take the stand tomorrow and say "oh yeah" i was in the truck and started it up now and then! reasonable doubt will get a double murderer off.

I get the impression from Michelle, that she is trying extra hard, to keep that huge frown and pitiful look on her face. I have my doubts about her being innocent in this crime.
But, if she knows anything about Mr. Fitzpatricks innocence, she is not willing to save her former lover...I think she wants him to go down for this whether he did it or not.

Ashleigh's comment about the DNA after a handshake, could it be that the DNA on the surface of the owners hands, Mr. Fitzpatricks – is the only one that stayed on the steering wheel with contact. And,what if the owner had work gloves on?

I just don't see him as guilty according to the Prosecutions' case.
Also, if the Mrs. had her husband killed, she could have framed her ex lover....for spite.

I don't think Michelle is faking the sad look. What has she got to look forward to? The contempt of her inlaws and probably her children when they find out why they lost their dad. Her life is a mess. If she wants any of her husband's estate, which his dad controls, she will have to deal with the parents' bitterness and I don't blame them at all. So she's screwed even though you could argue she brought it on herself. My main problem with her is that she did not put her kids ahead of her own needs - it's always kids who suffer the most when people mess around. I think Fitzpatrick is guilty even though the prosecution put on a very thin case. You have to look at the big three - motive, means, opportunity - he had all three.

the one holding all the cards with mike jr, sean, and the zammitti family
with total insite over years is michelle she running the show she covert
abuse

What More can I say?..I told you before that If the Prosecuters came up with Good DNA..He would have sealed the nails In his coffin...Well, They lost me on all that so-called DNA.....If I were on that jury, I would say...Not Guilty......This trial started out very Interesting and ended up to be very boreing..By the way, I never heard much at all about the other poor gentleman that was shot...I don't even know his name.

I don't understand why everyone is so sympathetic with the wife of the deceased. She was a willing participant in this affair. It seems that with the statement she made about the fact that they could only be together if something happened to her husband-seems to me that she is planting the idea in someone's head. I am in no way saying Fitzpatrick is guilty but I don't like the fact that no one is also looking at her. If she cheated on her husband once whose to say she wouldn't cheat on him again? How convenient it would be if she influenced someone to carry out a wish of hers which would ultimately free her to be with maybe boyfriend #2. Just something to think about.

Michelle (the wife&lover) is really putting on a show in the courtroom, I can't believe the mother in law is still walking in to court all nice with her daughter in law. She practically put him up to it, they might be in this together, thats why she keeps up with her tears and her sad face and when she looks his way it's very oh woe is me I'm so sad look. They should have charged her too. She really did want her husband gone and her affair with him is one of many to come. You can just see it in her overacting the poor widow. I feel the prosecutions case is weak and he'll get off. How sad this is for the kids and the mom & dad of the two men this man killed. All for a romance that was over?Hmmmmmmmmmm???

No conclusive evidence against Fitzpatrick, nothing placing him at the murder scene, nothing placing the neighbors truck at the murder scene. Plenty of reasonable doubt. It sounds more like Fitzpatrick is being set up by someone. He's an easy target with the affair with Michele Z. Don't know who would be trying to frame him, but could come up with a few scenarios. Michele Z. probably collected a substantial sum from life insurance on Michael: more likely with finalization of "Big Dig" subcontracts involving millions of dollars of payment or non-payment, it's more likely a Zammitti Allstate Concrete business dispute involving work completed on the Central Artery Project. No offense to anyone but what would Fitzpatrick want with her and her three kids and in-laws anyway? We'll see what he sounds like on the stand.

Adultery doesn't equal murder....

They guy may have done it... but they sure didn't prove it...

He should walk... shame on the moron lawyers as usual...

So Fitzpatrick has an explanation for being in the truck. How does he explain the Easy Pass being used at the times it would have taken someone to drive it to Mass? I hope if he is convicted, he turns on Michelle and says she planned it. He had proximity to the truck, shotguns, etc. The only flaw in my thinking is that he must have been crazy to kill over that unattractive woman.

Betty, your comments about being Italian and owning concrete company is very stereotypical, however, it doesn't seem possible that a small town guy like Sean could pull off a double murder and leave no evidence. Also, today's testimony about there being no evidence of concrete or any product from the ground at Allstate seems unusual. After all, it was March, a very wet month in New England, I would think something would have been found on the carpet of the truck. I like the defense suggesting that the DNA on the steering wheel in a "notch" could have been there for a long time. Can't wait to see Sean get on the stand.

GUILTY – no reasonable doubt !

he had a motive. he had access to the vehicle. his dna is on the keys and in the vehicle, which the owner says he was never in. He knew where the zammitti's guns were kept. the truck in question drove south through the tolls just prior to the murders and back north just after the murders – while the owner was in florida. too many coincidences – or he is truly the most unlucky guy in the world.

and the lies! his alibi of being seen at 9:15 is destroyed by his neighbor. his story about having helped martin pull his boat out of the lake is denied by martin. his story of helping zammitti sr mop the floor when the water heater broke is denied by zammitti. his story about his old girlfrend wanting to get back with him is denied by the girlfriend. he know what was stolen from the spears house before mr. spears knew.

where is the reasonable doubt!

I am so happy the general concensus is "Not Guilty"! I totally agree! There is no motive (Sean had her anyway, as her frequent phone calls to him prove); there is more than reasonable doubt that the truck was at the scene (where's the match on the tire tracks in the wet pavement?); and the only conclusive DNA match is on the steering wheel. This, as Sue Ann alluded to above, could have been deposited at virtually any time and under any number of different circumstances.

I believe the prosecution brought this case because of pressure from the Zammitti family. Sean is a perfect scapegoat and blaming him serves the two purposes: "punishing" him for betraying Michael Jr. AND deflecting suspicion away from their family business dealings. I know this sounds far-fetched, but it makes more sense to me than stretching to believe Sean did it.

The evidence is shamefully thin. There is more than reasonable doubt here. Sean's testimony will, hopefully, answer any questions the jury may have...set him free in time for the Labor Day picnics!

For those who think he is guilty, can you explain to us all how one drives a vehicle and doesn't get any DNA on the gear shift knob?
Did they check for any of Michelle's DNA in that truck ?
Why was there no gunshot residue in that truck or any DNA from
the victims from back spatter?

A question for all of you doubting that Sean is guilty. Why did someone drive Fred Martin's truck on the day of the murders, at the same timeline that fits the murders, from a remote neighborhood to the exact area of the crime? Did Gert do it? Wake up and smell the poison coffee- Sean is guilty and should go to jail. (and Sean- wipe that smirk off of your face)

SEMANTIC TRAVESTY. Love you, Ron, but in Colbert dialect, the word is "truthiness". You are great...love In Session!

Kelly
Arizona

If anyone is watching Fitzpatrick's facial expressions during his testimony on the hard questions, you will see he is lying. His eyes close and revert to looking side to side. These are indicators of concealment.. When he's answereing the questions that could not in any way reveal guilt of innocence, he does not do that. He is also sounding very rehearsed and almost cocky!

I keep looking at Michelle and her awful expression. I think the only thing Fitzpatrick is guilty of is bad taste.

It doesnt matter how a defendant acts during a trial or during testifiying. It doesnt matter what a defendant does during the same processes. Someone will always find fault with actions, clothes, or hair style.

I must agree that Sean had the motive, means and opportunity but he must have planned the murder very carefully not to leave any other trace of evidence in Fred's truck but his fingerprints. I was impressed with him when his lawyer was questioning him, but once the prosecution questioning started you could see his dishonesty. He doesn't seem to be able to provide any straight answers. As far as Michelle and her mother-in-law, I beleive that the only reason they are sitting together is to show unity to the jury. Once the trial is over, I am sure the bitterness and anger for betraying her son will be very apparent.

Paula
Maine

wondering how easy are those transponders to take off a vehicle and then put back on?

Has it been proved that the gun that was stolen from the Zammiti home was the same gun that was used in the shooting? How would they know it was the same gun unless the police had the gun to test it?

I Would Find Fitzpatric NOT GUILTY

I've only seen Fitzpatrick on when he was questioned by the defense lawyer & I thought his demeanor was quite "cocky", happy go lucky, &
jovial. He even seemed to smile/smirk quite a bit. He loved talking about his & Michele's affair and didn't seem the least bit bothered that
2 people are now dead. I think it would be too convenient to have an upset that someone would kill over a business "dealing" right around the time that Michele & Fitzpatrick were involved with each other....and especially with Michele's comment about "unless something happened to Michael". I wouldn't be surprised if she was involved in all of it with him. She sure wouldn't look at him when he was on the stand...kept her head bowed down. Kind of weird !!

The EZ Pass units can be mounted on your license plate or on the inside of the window (usually under the rear view mirror) using velcro. In the latter case, you can easily remove it and even bring it along to use in another vehicle.

How can you be innocent of a murder and then be guilty in a civil trial,. Please excuse my ignorance, what is the differance

I hope the jury is smart enough to see that NOTHING has been proven by the prosecution, Fitzpatrick is the fall guy.

I have a question...What did the State Police (either MA or NH) investigate ? Are there any pictures of the truck and it's location before they had it towed ? If so, why haven't they been produced ? Could it be that the truck was never moved ? Also, why are there no witnesses that saw Fitzpatrick in the truck on the 13th ? Obviously he would need to go thru toll booths, get gas, or something...

I hope the jury is asking some of these questions to themselves.

NO EVIDENCE! NOT GUILTY!!!!
If the Zimmiti's and the family of Chester Roberts want justice in this case they had better start looking in the right place! Try the Central Artery Project (the 'Big Dig' – the largest construction project in the WORLD) and the subcontractors that have a problem with Allstate Concrete Service!! Believe me – the police and the DA's office won't go there – too much money and dirty politics! Not when they have an easy target and 'way out' like this poor guy!

I don't think Fitzpatrick is guilty. How many lawyers allow their client to get on the stand in their own defense? Fitzpatrick was very much at ease and I believe he was telling the truth. I believe the defense is right. I do not believe he will be found guilty. If I was on the jury, I would say beyond a reasonable doubt that he did not do what he has been accused of.

When did Fred Martin go to Florida? If he left for Florida soon after they pulled the boat out of the water in October, his hands would not be on the steering wheel everyday. That does not make sense to me. Yes, Mr. Fitzpatrick was arrogant on the stand, but that still does not make him guilty.

I haven't seen the whole trial, but I am wondering if Fitzpatrick has been known to be jealous, hot-temperered, possessive or revengeful? He talked about moving away after the affair ended so why would he then decide to kill the husband and witness? He seemed to be doing a good job explaining things when being questioned by his own lawyer but not looking too sharp under the questioning of the prosecutor. My gut though is he didn't do it.

As i'm watching the closing arguments, Bennet is trying so hard to make Sean look guilty but for me there is an explination to everything.
1. Why cant fred Martin rememmber Sean was ever in the tuck? Because he's old ,and sometimes you just beleive what you want to believe and your memory plays games with you. If Sean was making this up I have to give it to him becuase that is one briliant MADE UP story.
2.Why can't Sean remember that day like september 11 like he said in the tape? The guy was using an expression ,I want to ask Bennet what time he woke up 2 weeks ago was at 8 or was at 8:30 spesifically. This is from 2 years ago, I dont really think not remembering is a crime.
3.Why did he sent the letter? He explained that on the stand, he wanted the attention off of him like HE said. People make stupid mistakes,He's a human and he was just misrable to drive the attention away from himself.
4. Don't you think that Sean knew with pretty much everybody knowing about his affair everybody would point at him,but yet he still comitted the murders.
5.WHY IS THERE NO PHYSICAL EVIDENCE?NO BLOOD AND NO GS ANYWHERE IN THE TRUCK AND ON SEAN?
6. Did anybody notice the Martin's truck that morning missing?
No, as far as I'm concerned nobody saw him in the truck.
I feel so bad for Sean being locked up for 2 years.What happens if he;s innocent?Who's gonna pay for those 2 years he spent in jail.
What happened to INNOCENT UNTIL PROVEN GUILTY

I think that Michele is pathetic! she's an adulterer and I honestly think she's indirectly involved in the murders.

Vennessaa, the MA Taxpayers are going to pay for Sean being in jail for 2 years. If found innocent, he'll sue the State for a little over $2.5 million, isn't that what the pending civil suit is for. If he's smart he'll change his name and move to a remote area in the mid-west with remaining funds.

there is so much reasonable doubt in this case compared to the oj simpson case that there can be no verdict but not guilty..

except that this trial is not in california nor is the jury from california !!!!!!!!!

michelle demitti caused this trajedy !!!!!!

Michelle seems to really have this "love sickness". She tells Sean that she does not want a relationship with him then calls him over and over again. I can understand how Sean would get to the point where he would stop listening to her. She says the same thing over and over, " I really care about you, but I can't, but I really do, but I can't." It seems to me like she really is sick.

I believe Mrs. Zamitti is the guilty one. I believe she knew exactly what and when it was going to happen because I think she arranged the whole thing and Sean Fitzpatrick was not involved. His only problem was to get involved with a selfish woman like her.

The truck key could be used by Sean while trying to help pull a stuck boat out of water. Sometimes, the vehicle must be started to use for towing. That would explain Sean's DNA on his neighbor's truck keys.

I do not re-charge my cell phone in the bedroom. I do not find it odd that Sean re-charged his cell phone in the kitcen overnight.

It's so unfortunate that the jurors are not allowed to see the "chalk" or timeline of Mr. Martin's transporter for the tolls. The timeline is so critical.

I charge my cell phone downstair in the kitchen on the counter at night too. Summer / Dallas

how rich are the zimmittis? how well connected are they? do they contribute campaign funds to D.A. there are some if's about sean's guilt that his defense could easily counter, it seams that he does not have enough money to put on an indepth defense to counter the ifs in the case. 1. a possible set up by the zimmitti's. 2. protect their business dealing. 3. forced to protect michelle and using the affair protect their son's memory. and to protect any shady dealings. i could not convict on the prosecutions if's
jean

Fitzpatrick testified that he recalled Fred Martin's wife thanking Fitzpatrick for helping pull Fred's truck out of the water. Has she been questioned as to whether or not she remembers this incident?

I can't believe the jury is hung. There is no way I could convict this person on the evidence I have seen. He could have done it but could have is not good enough. I see this more and more. People being convicted by gung ho prosecutors who just want to put someone away. Zammetti Sr. is a hot head and I imagine he has quite a few enemies in business. An affair is not a reason to murder two people and I do not think he is guilty. Michele wanted excitement in her dull life and now this guy is paying the price.

Everytime I see Mrs. Zammitti speak, I believe her less and less. If you are to believe her, she had been telling Sean that she did not want a relationship with him from August 2004 up to when the murder happened. But everytime she told him she didn't want him, she could hardly wait to call him again. Her whole explanation about wanting to remain friends so that the family wouldn't be suspious, doesn't hold water. The mother-in-law already knew, in fact, probably everyone knew except maybe the kids. She could not let him go, and I believe that it would not have mattered if he had moved to Timbucktu, she would still have called him and not let him go. It was a SICK relationship, especially on her side.

the reason there is only dna on the steering wheel and keys is that he starfted the truck and drove the boat out of the water. WHY SHIFT GEARS?

I believe Fitzpatrick is guilty of the murders, however, I believe Mrs. Zammitti should be tried also. She kept Fitzpatrick thinking she might just tell her husband she was going to leave him, for Fitzpatrick. And she told him the only way they could be together was for something to happen to Michael. Well poor dumb man he believed her. However if there is another trial, he won't be convicted.

Fitzpatrick doesn't look like a killer but we all know looks can be deceiving.The big question I have is"what was the motive'?How about this?Michelle had another boyfriend in Mass.and was playing him like she was doing with Fitzpatrick and this guy did the killing.