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August 20, 2008
Posted: 09:51 AM ET

WOBURN, Massachusetts–The Commonwealth of Massachusetts has rested in its case against defendant Sean Fitzpatrick – the man charged with the double murder of his ex-lover’s husband and the husband’s employee. Now it’s the defendant’s turn – and Sean Fitzpatrick has just taken the witness stand. He has pleaded not guilty to all charges in this case.

In its opening statement, the prosecution promised jurors that it could prove that Fitzpatrick’s DNA was on the steering wheel of his neighbor’s pickup truck, which authorities believe the defendant drove immediately before and after the murders were committed. With its last witness, the Commonwealth fulfilled that promise.

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?” “One in 931.1 thousand [931,100] of the Caucasian population.”

Stay tuned to In Session for all the latest details in this case.

–In Session staff

Filed under: Fitzpatrick murder trial • Trials


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Sydney   August 20th, 2008 10:03 am ET

Sean seems a bit shifty to me. He ACTS guilty.

Brenda   August 20th, 2008 10:20 am ET

I think Sean Fitzpatrick is lying through his teeth on the witness stand. Stating that he is unaware of Gerts routine is a lie in itself. Anyone who is at home Mondays & Tuesdays as he states would notice a neighbour out for her regular morning walk. He seems to spend alot of time giving loads of information about trivial things but has a lapse in memory when asked about major things. If I heard someone I knew had been murdered I am sure I would know exactly what I did on that day because it would be burned into your memory because something tragic happened. Sorry Sean you are a liar!!!!!!! and Michelle you should be so ashamed of yourself for causing your husbands death. I hope you both have a long life of torment, you both deserve it. My heart goes out to the Zamitti family for thier pain.

Ira Migdal   August 20th, 2008 10:40 am ET

As I watch the trial I cannot help but wonder why Fitzpatrick would take the stand. So far his direct has been contradictory; for example saying he remembered something “explicitly” only to give vague testimony. He woke up about 8;30-9 and went to have coffee, where he cannot be sure. Yet at 9:00 he is getting his coffee somewhere, did he do it from bed.
He testified that he did not have a conversation where Mrs. Zamitti said something to the effect that the only way they could be together was if Michael was dead. He testified he did NOT say that then testifies he was not listening at all to what she had to say. Now he is being informed of the murder either before or within minutes of the crime. I live in NH and info in small Towns spreads quickly, but a crime in Massachusetts, unless the Governor was shot would not be known so quickly by Fitzpatrick no matter who he says called him. His arrogance, flippant comments and becoming vague for important issues now leads me to believe that the circumstantial evidence admitted is proof beyond reasonable doubt. What a mistake and miscalculation to put him on the stand. I add that when he is asked critical questions that would really damage his case he says “what”. There is no bigger sign of lying and deception to answer minutia type questions immediately when asked once and saying “what?” when he must lie to safe his butt.

Linda Saunders   August 20th, 2008 10:41 am ET

Hello

Ihave not done this before but I am curious as to what the widow looked like when this awful thing happened since she was worried about looking good in a jacket for her boyfriend. Has the prosecution had her pull her hair back and dress down for a reason

Thank you Linda Saunders , Crystal river Florida

Jeanne   August 20th, 2008 10:48 am ET

Sean’s testimony, so far on direct, is completely believable. His actions are totally understandable and reasonable. Will wait for cross by the DA, but this man has been unjustly accused and must be acquitted!

Judith Clarke   August 20th, 2008 10:56 am ET

Sean seems beliveavable and I have some sympathy for him. He does not appear to be a double murderer. He must have some respect for Michelle not to have had intercourse , given the opportunities he had.

I hated the fact that he was a party to an affair with a married woman but they were both wrong. That said, there is something to say about a :”nice” guy “uncle type” to the kids. So called “nice folks” can have a “dark side”.

I was on the side of the guest today who felt he (Sean) came off as a good witness but had to look with different eyes after hearing Lisa Bloom’s impression of him ( totally different ).

Antionette Brown   August 20th, 2008 11:00 am ET

I think Fitzpatrick is so guilty.His actions the way he talks on the stand boy he sure knows his script His acting deserves an emmy .He sure does seem to him ha around the quastions he is asked.Just his looks says guilty!!

phyl   August 20th, 2008 11:02 am ET

Slick Sean is not convincing me that he is innocent. He looks cocky with that grin that he cannot completely contain creeping in to every comment he makes to protray himself as the neighborhood good guy. He gets “emotional” at the proper moments of hearing of Michael’s death, and he goes overboard when justifying his timeline and the discrepancies with other witnesses like Gert and Fred Martin. He stops short of calling them liars; instead he just implys that their old age accounts for their forgetting key elements of timeline or being in the truck.
I hope the jury can see through this liar and killer.

Antionette Brown   August 20th, 2008 11:05 am ET

Mr Fitzpatrick blew it when it comes to the note.Where did he take his acting classes?

Debbie, Maine   August 20th, 2008 11:10 am ET

I totally believe in Shawn, I think he was framed from the beginning! They need to take a better look into Michelle!
She deserves an Emmy for her sitting ACTING like the poor widow!

Debbie   August 20th, 2008 11:14 am ET

Michelle… YOUR ACTING SUCKS!

Jeanne   August 20th, 2008 11:16 am ET

Michele’s statement that she couldn’t be with Sean unless something happened with Michael jibes perfectly with that Sean just testified to. The words are just different. Sean says Michele would leave her husband only if Michael initiated a divorce or separation…”something happened to/with him”. The “something happening” is Michael’s decision he didn’t want to be with Michele. No mystery, no discrepancy.

Jo   August 20th, 2008 11:16 am ET

I believe Mr. Fitzpatrick is innocent – I have heard the morning critiques about his behavior on the stand. I think he was rail – roaded by the police –

I also think he is smiling as he truly loved this woman and his memories are just like a 7th grade crush.

Debbie, Maine   August 20th, 2008 11:16 am ET

I feel for Shawn, he was framed from the beginning! They need to look into the poor, sad, (yea right) widow! She sure is playing for the cameras!

PeterTorres   August 20th, 2008 11:20 am ET

I believe Mr. fitzpatrick has planned the murder of zamatti for some time, the only drawn back was Mr. Roberts being on the scene of the murder .

donna powers   August 20th, 2008 11:21 am ET

I believe fpatrick more than not, that being said, about the boat/truck incident, he has done this many times and he could have the same facts about helping someone else, just put anyone he’s helped before in the same situation and say it was fred martin and it seems truthful! But must be found not guilty

Kay Paiter   August 20th, 2008 11:26 am ET

The part of the testimony that struck me as unusual was Fitzpatrick’s long and apparently unsolicited dialogue about the guns in the Zimitti closet. What was he trying to accomplish? He went on and on saying nothing of consequence to the case.

sylvia   August 20th, 2008 11:29 am ET

I find Fitzpatrick slightly cocky but very believable. I did not believe a thing that she said about him or the relationship. She struck me as a jilted woman and still looks extremely bitter…..

Shannon   August 20th, 2008 11:30 am ET

They have the wrong person for this crime!!! Fitzpatrick was an easy target. Police and investigators did not do their job in this case! It scares me that anyone can be prosecuted for such a crime with nothing but this weak circumstantial evidence!

gary   August 20th, 2008 11:30 am ET

either Sean is a good liar or he is telling the truth.
I cannot decide which.

jeanne kanfer   August 20th, 2008 11:35 am ET

I think they should look closer at the wife and the father. I think Mr. Fizpatrick is not guilty and I think she was more in love with him than he was with her. Also the father found the bodies and had his guns stolen. I think there are a lot more questions about others that haven’t been addressed.

joe   August 20th, 2008 11:35 am ET

I have watched this trial faithfully. Any common juror would have to be blind, deaf and dumb to not convict this man. His cocky attitude along with the letter and the transponder will be the convicting evidence for Sean boy. Nobody else would have the opportunity for all of this evidence to come together. I’m waiting for his sentencing.

Lisa   August 20th, 2008 11:40 am ET

I REALLY don’t think he did it. I believe he is being framed by the wife. He just was scared. If you EVER have been in some situation with police, you KNOW your fate is up to them. If they don’t like you….. you don’t even have a shot. They should look more at HER!

Don   August 20th, 2008 11:48 am ET

Why is there no live streaming on TruTV while Fitzpatrick is being cross examined. TV has too many commercials and talking heads and not enough courtroom action.
Was much better as Court TV

Kari MCloud   August 20th, 2008 11:48 am ET

I’m sorry, but I really don’t like this Prosecution Lawyer. He seems like he is repeating himself over and over. He is making me feel sorry for the witness.

Maine   August 20th, 2008 11:48 am ET

The ADA is coming off as a Bully and needs to back off that poor guy! Michele needs to take better acting lessions!

Sheila Libby   August 20th, 2008 11:49 am ET

what happened to the live feed???????

Miriam   August 20th, 2008 12:04 pm ET

While watching this defendant testify, his squinty beady eyes are giving him away; No straight answers, evasive answers. The evidence shows that the truck transponder proved the truck was traveling in the direction of the victims. Now please! who would have just been happening to drive the truck in the direction of the victims on the day they were shot???? A certain person who thought that he would not be placed at the scene of the crime…..he apparently thought he would get away with the crime. Fulfilling the statement of the adultress wife his lover. These two are in the situation they created and all the kids will pay for their bad decisions. I feel for all the children.

Traci   August 20th, 2008 12:27 pm ET

In my opinion, this line of questioning seems to be helping out the defense. Fitzpatrick comes across as extremely open and honest, while the prosection comes across as desperate and grabbing for straws.

Larry   August 20th, 2008 12:31 pm ET

The defendant is doing a pretty good job. But b/4 he answers the critical questions, notice he licks his lips, wipes his mouth and gets real figity. Those are usually tell tale signs of untruthfulness. When he admitted to sending the letter to the parents home, he did not show these signs.

This is going to be a hard decision.

Gilberto Betancourt   August 20th, 2008 12:39 pm ET

He has nerves. He apparently feels justified.

Double L   August 20th, 2008 12:42 pm ET

I think the Prosecution is doing a lousy job! Where he could easily get a “yes” or “no” answer, he lets Sean the time to ramble on and on.

Judy   August 20th, 2008 12:43 pm ET

Smart wife involved here. Make a guy fall in love with you and then tell him the only way you’ll leave your husband is if something happens to him. How many boyfriends does she have? Husband ends up dead, lover in N.H. framed, and she gets the guy she really was in love with. Not bad….Has anybody checked to see what other people owned a Ford truck that she knew???

Kathy   August 20th, 2008 12:44 pm ET

Fitzpatrick is a “motor mouth”. He is hanging himself! What is wrong with his attorney? He should be short and sweet with his answers. His “gift for gab” is killing him!

Jessica   August 20th, 2008 12:46 pm ET

Did Sean’s lawyer not prep him for the stand? He is not being charged with a DUI this is a murder case! I honestly thought he could walk but after watching him on the stand……… His lawyer should NEVER had promised his client would testify!

kiss   August 20th, 2008 12:47 pm ET

I’m almost embarasssed for the prosecutor!

Holly   August 20th, 2008 12:48 pm ET

I have watched this trial since day one and I must say that the Prosecutor is being a Bully and the reason for this is maybe he realizes that they are losing the case quickly and may have the wrong person?
Fitzpatrick is holding his own even with the Prosecutor talking over him with more questions trying to trip him up, which Fitzpatrick so far is holding his own.
As far as the Widow Michelle, look at her body language, and watch as she is laughing and smiles and as soon as the camera is are on her, then she drops her head pouting to look the distraught widow until the cameras off again.
Lastly I wonder why they did not take any DNA from Michelle? If she is wanted something to happen to her husband….

Maine   August 20th, 2008 12:49 pm ET

That ADA Bennett needs to back off!! He’s nothing but a BULLY!!

Betty Rallon   August 20th, 2008 12:50 pm ET

I think that Shaun is not Guilty and Michele Zammitti has more to do with this case than is known. I think that Shaun is doing very well on the witness stand and holding his own.
Betty Canada

Don   August 20th, 2008 12:53 pm ET

Put yourselves in his place people!!!! Being framed for something you DIDN’T DO??? You’d all be shaking, twitching etc too!!
Poor guy is being bullied and Bennet is just searching for anything he can get!!
The wife is more into this then HE IS!!!

Vegas   August 20th, 2008 12:55 pm ET

I don’t know if he’s guilty or not… but they sure haven’t proven it in court.

If your system works… he should walk… what you think, feel, see in his eyes or hear in his voice doesn’t matter…. all they have proven is he was once in the truck… far cry from murder.

Jean   August 20th, 2008 12:58 pm ET

She looks so stupid with her head down and the perma frown. Why is she even spending all of this time at the trial of the man accused of murdering her husband? Doesn’t she have 3 children who now have no father because of their slut of a mother? I thnk she knew he was going to do something, just not what or when. Maybe she thought Sean was just going to “scare” her husband? I think regardless of the verdict against him, they need to look into her culpability because there is something wrong with the way she is acting, If she is going to sit and stare at her lap for this entire trial, then stay home. Who spends all day every day at the trial of the person accused of murdering their husband, father of their child? I think she wants the jury to see her there as a show of belief in the defendant’s innocence.
She should be tormented the rest of her life for the misery and destruction she has caused so many families, especially her own.

Joan   August 20th, 2008 1:00 pm ET

The Prosecutor is embarassing – he is letting Sean take over. Michelle should get an Emmy Award for her acting; she still loves Sean and how she can sit in that court room and cry those crocidile tears and expect sympathy is beyond me. I wish I were on the jury!!!!

Me   August 20th, 2008 1:05 pm ET

I think Michele is nothing but a slut who wanted her husband dead and used this poor guy to do it!
She needs to be home instead of sitting there watching her BF with the stupid frown she’s pretending to have!

Christopher Sandini   August 20th, 2008 1:06 pm ET

It amazes me that some of you think he didn’t do it. I guess 1 out of 12 is all the defense is looking for.

Absolutely the worst liar! Every time he lies he blinks and touches his face.

RGG   August 20th, 2008 1:07 pm ET

well it’s for certain the green truck belonged to the neighbor of Sean Fitzpatrick – they proved that with the pass on the highway. Too many “circumstances” for me – also the neighbor’s walk at 10am – Sean trying to have an affair with the ugly neighbor’s daughter. My goodness, this man is a piece of work!

Us   August 20th, 2008 1:08 pm ET

I wish I was on the jury too! This poor guy would walk FAST! The stupid cow (widow) needs to keep her legs closed!

Natty   August 20th, 2008 1:12 pm ET

I thought the prosecution had this case won before the cross of the D started. This looks like the worst moot court demonstration I ever saw in law school. The DA is creating reasonable doubt before our eyes!

S.F. FAN   August 20th, 2008 1:15 pm ET

The dumb ADA Bennet lost this case the moment he started bullying this guy. I wish he acted like this to the Fake Frowning WIdow. She should be in the stand next! She’s a drama queen all the way!

Jean   August 20th, 2008 1:16 pm ET

Ok what was with the fake “cry” quivering voice when he related being told about the murders? OMG that was worse acting than the slut girlfriend. Please stop showing her and oh look how when he is not testiying her head pops right up and she looks around to see if anyone is looking at her “oh poor widow woman”. I would like to know how much life insurance she got????????????????????????????

Jean   August 20th, 2008 1:20 pm ET

He talks too much. Guilty people talk too much because they think they have to throw people off the track by talking and talking so you think they are being helpful and at some point you cannot even recall what question they were asked.

GUILTY AND GOODBYE

Kay P   August 20th, 2008 1:22 pm ET

I totally disagree with the trutv commentators about Fitzpatrick’s testimony and how credible he is. After watching the entire testimony on cnn’s live feed, I think he’s hanging himself. He was certainly well-rehearsed during the defense questioning, but during the prosecutor’s, he conveniently uncertain about everything. Can’t answer any questions straight. And yes, the ADA should require a yes or no, but I think they want him to show his tru colors by not being specific like he was during his defense. I think they are doing a great job. As for Michelle, she shouldn’t be at the trial if she can’t look the alleged killer of her husband in the face. Anyone in the same situation would be riveted to his face, unless of course she’s hoping he will get away with murder!!

Paula   August 20th, 2008 1:24 pm ET

I have watched this closely, and I totally believe Michelle is involved in this murder, not Sean. I feel like Michelle got someone else to do it and was able to lie and get the police to focus on Sean.

Sean comes across nervous and I would too. Who knows how you would behave on the witness stand. Unfortunately for Sean, in most murder cases, the defendant is persumed and found
guilty.

I hope they will wise up and start looking at Michelle.

Good luck Sean.

Chris   August 20th, 2008 1:29 pm ET

All you people who think he’s innocent, answer me this: do you believe why he sent those letters?

Jerri   August 20th, 2008 1:31 pm ET

The true issue is has the Prosecutor proven his case, not how did Sean testify. Where the facts there to prove that Sean did in fact committ a double murder. I don’t see a whole lot of evidence pointing in that direction right now. Its just the facts that proves this case! Nothing more and nothing less.

Kim   August 20th, 2008 1:32 pm ET

Well, as my husband always says, an innocent man does not know to have an alibi until its too late.

Not Guilty

Dave   August 20th, 2008 1:36 pm ET

Unless you are in his shoes and haveN.H. S.P.& MA S.P. along with everyone you know accusing you, you don’t know what you would do!
I totally believe he is innocent and is being framed!

As far as the letters I DO believe he did that to get them off his tail.
I also am sickened by the Poor Me Widow.. what’s she gonna do after this is all over? Now she can run around with anyone who will have her, good luck with that, Michele!

Sue DeLaBruere   August 20th, 2008 1:37 pm ET

Fitzpatrick’s demeanor on the stand is appalling. Who has coached this guy? Better yet, who has NOT coached him? He appears remarkably arrogant, disinterested and overly laid back. And is it my imagination or is he subtly flirting with Michelle? My vote…guilty.

Jean   August 20th, 2008 1:38 pm ET

He offers too much information to questions that could be answered YES or NO. Most defense attys tell their clients just answer YES or NO, don’t talk talk talk because you can give information the prosecution did not have.

Mary Ann   August 20th, 2008 1:39 pm ET

Didn’t Fred Martin testify that Sean Fitzpatrick NEVER helped him with his boat???????????????????

Fran Brandt   August 20th, 2008 1:41 pm ET

The Fitzpatrick case shows very little evidence especially at the scene
of the crime. Could it be a totally separate issue for murders. Gambling debt, some underworld activity. This guy does not look like a cold blooded killer. No violent background.

Becky   August 20th, 2008 1:44 pm ET

I can’t believe all the people who believe this guy! Is everyone else lying?
The neighbor didn’t see him when he says she did.
The owner of the truck denies that Sean was NEVER in the truck.
His best friend stated that he had told him about going out for coffee at Freedom Market, but now Sean doesn’t remember if he went there or not? After his friend tells him they can confirm that because of the cameras in the place, now he doesn’t think he went there that day afterall.
He wrote the note because he didn’t want the family to think it was him.
He has no alibi, the neighbor’s houses that were all out of town were broken into. The vehicle stolen and driven out of state to committ the murders at the time when he has no alibi. He didn’t answer his phone during that time, though he testified that he was awake (had gone for coffee). Guns were stolen which was the same gauge shot gun as used in the killings. Michelle and her friend both testifed that Sean had seen those guns in that house, but he says it didn’t happen. The friend had only gone up to that home on a few occasions and remembered who all was in the house and when the incident occured with the children. With your child in the house, I think it would be easy to remember who was there. He makes up stories to try to get her to leave her husband. Gets mad and tells his friend about him grabbing and pushing her. Michelle testified to that too, but today that didn’t happen. And no fingerprints in the truck, houses that were broken into, the note that he wrote (palm print).. This guy wore gloves in EVERY instance so as not to leave them. WAY TOO MANY circumstances all revolving around him and his neighbors when the murders happened 100 miles away!!!! Definitely Guilty!!!

melissa   August 20th, 2008 1:44 pm ET

Come on…in this day and age it is scary that people are not looking at evidence. I understand some people may find him to be guilty but in the court of law it is not about opinion it is about evidence and there is no evidence to convince me he is guilty. There is no direct link to say for 100% he is guilty and there is no need to place a man in jail for the rest of his life without DNA evidence or evidence retrieved from the homes. The only DNA evidence there is can be easily explained and Fitzpatrick is right, how can he know the exact time he woke up two years ago and in response to the comment about the neighbor missing thier morning walk….I have neighbors that walk at night but i cant say wether or not they missed one or two and i wouldnt notice because i am too busy with my life and always thinking about other things, An innocent person is usually not polished on the stand. A guilty person would repeat their story so much they would have it down to a tee……

patty,redford,mi   August 20th, 2008 1:45 pm ET

sean is just too composed on the witness stand! Maybe someone should remind him that he is facing LIFE! I myself could consider resonable doubt… but I cant get past the truck! Plus,He proved today that he can do a pretty good job of lying when it benefits him.

Vennessaa   August 20th, 2008 1:48 pm ET

First of all the prosecution is getting on my last nerves asking the same questions over and over again.I mean who remembers what time they woke up 2 years ago,give a guy a break.Bennet keeps asking for specific times for certain days,I dont even remeber what time I woke up last week.I think if Sean was guilty he wouldnt be taking his chances ,taking the stand. How many murder trials have you seen where a defandant takes the stand? I think the poor guy is being framed and as far as the note goes he was desperate to just drive away the attention from him. Michelle is involved somehow. “IF ” she made the comment “I can’t be with you unless something happens to Michael” Why would you even say something like that?? And not mention it few days before trial starts? Was she trying to suggest something to Sean? If she thought that she was being “neglected” as she testified why did she decide to stay with him??Something doesnt seem right with her,and I hope the jury finds Sean NOT GUILTY

Miriam   August 20th, 2008 1:49 pm ET

Most of you commenting are taking horrible about the widow – where is this coming from unless you are just sympathetic toward allowing men to do what they want and it be OK. They should be treated the same – they both were physically, emotionally involved and I don’t think she raped him. They both were in this together. He is just as guilty of the affair as she was. They both exhibited a lack of self control and a lack of respect for marriage and the children.

Mathilde   August 20th, 2008 1:58 pm ET

The DNA on the Martin truck steering wheel can be accounted for, but the Easy Pass? I can’t see any way to negate that.

TC   August 20th, 2008 1:58 pm ET

Oh this guy is one smooth operator, he is talking a mile a min. out of guilty nerves.

TC   August 20th, 2008 2:00 pm ET

He sent the letters to cover himself.

Steven Greisman   August 20th, 2008 2:00 pm ET

I’m sitting here listing to Fitzpatrick talking about the last time he spoke to Michael Zammitti. I can not believe that Michael Zammitti would be as casual towards Fitzpatrick as Fitzpatrick describes. I sure wouldn’t allow my son to go off 4 wheeling with him.

He’s very shifty on the stand. If this is his normal behavior, why would his attorney put him on the stand?

Mary   August 20th, 2008 2:01 pm ET

I’m fuming over the prosecuting attorney not insisting that Fitzpatrick answer “yes” or “no”. The defendant should not be allowed to continue to sit back and smugly explain away everything he said or did.

sylvia   August 20th, 2008 2:02 pm ET

The 4 bullet points you mentioned, could just as easily apply to Michelle, if not more so. Why would Shawn make so many obvious mistakes that would lead right back to him? I don’t believe her story at all and her crying was only on direct, she totally had an attitude on cross.

bill   August 20th, 2008 2:03 pm ET

very believable. the jury needed to hear him. i think the police dropped the ball from the beginning, ie not checking other potential suspects. (problems with the business). there is resonable doubt.

Sharon Greene   August 20th, 2008 2:04 pm ET

There is no way a jury could decide this case without a lot of reasonable doubt!! Mr. Bennet has lost all control of his witness and is helping the defense. I happen to think there are too many “buts….” and you’re going to see Sean Fitzpatrick acquitted, as he should be. Look elsewhere people……..you got the wrong guy……….!

Bev   August 20th, 2008 2:06 pm ET

Two words: Reasonable Doubt.

Sam   August 20th, 2008 2:07 pm ET

I can’t decide if my gut says he is guilty or innocent. This one is a tuffy. So much of Seans responses seem perfectly normal to me, including sending those letters. Stupid, but he was scared. The thing that sticks out to me is that Michelle only recently came up with the “The only way we can be together is if something happens to Michael”. Hello….what a way to word it. She is the guilty one in my book. Either she suggested to Sean to ‘do it’ or she made it up at the last minute. I think Michelle is behind the murders….just can’t decide if it was Sean who did it for her or not.

Crystal B.   August 20th, 2008 2:07 pm ET

INNOCENT =]

Jean Chastain   August 20th, 2008 2:10 pm ET

I think there are still a lot of questions left. Why was there no blood in the truck? Why wasn’t more of Sean’s dna found in the truck if he drove it to and from the murder scene? Sean is convincing me. I don’t know who did it, but I don’t think he did. Can you remember what time you woke up last week?

Jim   August 20th, 2008 2:11 pm ET

He admitted to the letter to balance his other denials. See I told you when I made a mistake therefore I tell the truth. This is law school 101 if one puts the suspect on the stand. This is totally staged.

Cazlady   August 20th, 2008 2:16 pm ET

He is trying way to hard to explain everything, to me this makes him look guilty. When your trying so hard to explain it away, it makes you look more guilty. I think he thought if this Husband was out of the way he and his lover would live happy forever.

phyl   August 20th, 2008 2:17 pm ET

OMG! He dated Gert’s daughter?! He tells his best friend that she is not attractive, but dates her and has a sexual relationship with her? Can we say witness tampering?
This is another link in the circumstantial evidence chain. I hope the jury finds enough of these links to hang scumbag Sean.

Paula W.   August 20th, 2008 2:17 pm ET

How about Michelle, does she think Sean is guilty?
I’m leaning towards Michelle possibly taking part (in someway) in the murders. Did they investigate her at all or has she made any comments?
Are they still neighbors & if not who moved?
Curious in MN,
Paula

Suzanne   August 20th, 2008 2:18 pm ET

I truly believe that the wife has something to do with the death of her husband. If it WAS TRUE that she stated to Fitzpatrick that she would not leave unless something happened to her husband, she would be on trial for conspiracy at the very least.

I tend to believe Fitzpatrick more than the wife.

Pamela   August 20th, 2008 2:25 pm ET

I really believe that sean is innocent , of course sitting on that stand he seems nervous and he should hes fighting for his freedom how many people can say they know the persise time they get up take a phone call go to a store we dont look at a clock everytime we do things , Has Michelle been asked her whereabouts the morning her husband was murdered . I hope that he gets out and that they take a better look at michelle

D. Rose   August 20th, 2008 2:25 pm ET

Whether he did it or not, there is simply not enough evidence to convict him. I do think that there is more to the Zamitti’s life and work that should have been investigated. It does sound a little more like a “mob” hit than a murder committed a year after this relationship had ended.

kathy   August 20th, 2008 2:25 pm ET

Well, first off, it seems clear to me that Sean is still head over heels with Michelle. He is coming across like he is lying, for her and for him. He is protective of her reputation…frankly, that train has left the station! And there she sits in the courtroom looking pathetic and distressed. She looks like she is making sure the camera sees her. I would love a look inside her concience…bet that’s a wild ride! Funny, there he is still protecting her and she tossed him out to fry. Amazing what people do in the name of love.

Don   August 20th, 2008 2:27 pm ET

I don’t have any problem with the ADA letting him ramble, that’s how they make mistakes. If it was strictly “yes” or “no” answers his own attorney can bring out his own ramblings upon a recross. Imo, his timeline is a big problem for him and I do believe he is guilty. That two hour taped phone conversation with Michele, the dna, the ez pass and yes the affair is the motive and Michele should be ashamed and of course the cause of the murder. I don’t think she was actively complicit but I don’t think she is that upset of the end result. Maybe sh’s proud that she could cause a man to do this for her.

Marilee May   August 20th, 2008 2:27 pm ET

I think he is innocent. Also, I would like to mention Michelle Zammanti makes me sick trying to look sad, looking down, so innocent. She makes me ill.

cynthia   August 20th, 2008 2:28 pm ET

AND JUST WHERE DID THEY GET THIS PROSECUTER FROM??? A CSI ACTOR COULD HAVE DONE A BETTER JOB. THE PROSECUTER IS NOT CROSS EXAMINING FITZPATRICK. FITZPATRIC IS CROSS EXAMINING THE PROSECUTER!!! WHAT A LAUGH. THIS PROSECUTER IS ALLOWING FITZPATRICK TO RAMBLE ON AND ON GOING NOWHERE AND THE PROSECUTER IS ACTUALLY ENGAGING IN THE NONSENSE THAT FITZPATRICK IS BABLELING ABOUT, THEREBY CHANGING HIS OWN LINE OF QUESTIONING. FITZPATRICK IS CONTROLLING THIS PROSECUTER AND LIKE TRUE NARCISISTS, FITZPATRICK HAS REALIZED THE PROSECUTER’S WEAKNESS…AND THAT IS THAT HE IS WEAK!. BY ALLOWING FITZPATRICK TO BABBLE AND LEAD AS THIS PROSECUTER IS DOING, WILL MAKE THE JURORS SIMPLY THINK THAT FITZPATRIC IS AN IDIOT! AND THERE IS NO LAW AGAINST THAT!

Vicki   August 20th, 2008 2:31 pm ET

I am torn. I do not have a good feeling about Michelle. I think she is fake. I have this gut feeling she has a heck of a lot more to do with this. She is hoping that he will be convicted for something “she” did. She “KNEW” that they would look at him. And her comment “We can’t be together unless something happens to my Micheal”..Wow..that really didn’t sound real. I am not saying I think he is innocent, but I think he may be covering up for her! He knows they can’t link him, because “maybe” he didn’t do it, but he doesn’t want to implicate her.

Cathy   August 20th, 2008 2:33 pm ET

Sean Fitzpatrick and Tonya Harding not only look alike they both came off as seeming innocent, yet have motives for causing bodily harm to those who get in their way of what they want. They appear to bring more attention to themselves by involving others for an alibi.

Dean WI   August 20th, 2008 2:35 pm ET

The only one who is guilty in this trial is the prosecutor for not doing his job. Where is that shotgun? Fitzpatrick is smart and he will be found “not guilty.”

David   August 20th, 2008 2:35 pm ET

I am wondering two things here. First, is there a place on this site that we can look at the evidence in this case closely? Specifically I want to look at the photos of surveillance video snapshots and of the Fred Martin truck.

Secondly I am wondering if anyone else noticed a possible discrepancy in Sean’s testimony about the truck at the lake and how he assisted in getting the truck out of the water and off the ramp.

I specifically recall Sean testify that the truck was stuck in the sand and that the rear wheels were under water. I also remember him mentioning that it was so deep that the front wheels were also in the water. Well I hesitate to believe this event is true because if the front wheels were in the water, regardless of whether they were “under” water or whether they were just touching the water, the rear bumper would then be very far under water. My point is, the rear bumper would be so far under water if the front wheels were in the water that any peron standing on the rear bumper would be under water also which is probably acceptable, but I highly doubt they would be jumping up and down on the bumper while it is under water. This does not make sense to me. Maybe I am wrong.

lisa   August 20th, 2008 2:41 pm ET

I still am not at all convinced that this man is guilty. Something in my heart tells me the wilfe Michelle has much more to do with this. Is she in a relationship now? If so, when did it start? She looks so disgusting and guilty on the stand and sitting in the court room. What one man let alone two could have ever been attracted with someone with a disgusting sourpuss as hers. She wouldn’t leave her husband because she was financially set!

johanna federici   August 20th, 2008 2:42 pm ET

shawn is cool as a cucumber! i think he has a great lawyer,fortunately for him not a good prosecutor. he is guilty but i predict he will beat this!

Judy Gardiner   August 20th, 2008 2:43 pm ET

This person is a cool calm and collected under cross examination as he was drinking his coffee and chatting with Gert the morning of the murder.

Connie Richards   August 20th, 2008 2:44 pm ET

i think Ashley is right on mark—-Fitzpatrick isn’t whippy enough to have pulled off “the perfect murder”—-this smacks of a professional “hit” —–the affair just got caught up in the process—-i also think Michelle isn’t the greiving widow!!

cecilia   August 20th, 2008 2:47 pm ET

i agree w/paula, michele is hiding something otherwise why is she holding head down continuously?i hope sean is found not guilty.

Donna   August 20th, 2008 2:49 pm ET

Fitzpatricks’ smug, arrogant, cavalier attitude speaks volumes of his character.

Gina Londono   August 20th, 2008 2:49 pm ET

Hello:

Mr. Sean Fitzpatrick is so guilty. Prosecution cross was terrible but yet he was so cocky; he knew preciesly how to answer each question but was evasive in general. He almost kind of locked so calm as he was talking about an ordinary thing, not about murder; his life is on the line and he didn’t seem to worry at all about the whole thing, even laughed. He is a cold blooded killer. He dreamed about a life with Michelle and the children being week day dady, and accepting Michael as a weekend dady; as soon as he found out Michelle would not leave her husband he just killed him, and took also Mr. Chester Roberts’s life who sadly came to the wrong place at the wrong time.The police couldn’t follow other leads since they weren’t any; they can not invent things to justify an investigation, and thinking of them as planting evidence or fabricating the case, that is insane what possible benefit they could get from doing that. Blame the wife and father, more insane yet, where is the motive? Michelle is already paying the price for the consequences of her actions, she kept calling Sean, but who knows, when you are unsatisfied on your marriage, unhappy and find someone to support you and made you feel loved that confuses you; she was trying to fight for her marriage but she might still be confused about Sean probably. She was truthly and honest on the stand. Case is circumstantial but trying to find any other guilty parties is loosing time, there is no evidence to support something different that Mr. Fitzpatrick involvement and motive to kill Michael. He might not look like a killer, but in how many others cases we have seen that. My heart goes out to the Zamitti and Robert’s families.

Gina Londoño
Miami, Florida

Diana   August 20th, 2008 2:53 pm ET

I think Sean Fitzpatrick is being “railroaded.”

Paul Lennon   August 20th, 2008 2:58 pm ET

Michele was dating another guy within a year of these murders; a co-worker at her kid’s school where she volunteered. Apparently her grief didn’t kick in until the trial started. I think she is in this up to her crocodile tear eyeballs. Lots of unknowns in this case. If poor Chester Roberts was seen at 8:00 a.m. by witnesses as stated, how did the “green truck” make it to the Hampton Tolls by 8:29 A.M. during busy morning traffic from Wakefield, Ma.? I just mapquested it and apparently it is possible in perfect traffic conditins, but the widow’s over emoting is indicative to me of her involvement in this. I think there is insufficeient hard proof to convict Fitzpatrick.

Lori Anderson   August 20th, 2008 3:03 pm ET

I know that Sean is guilty. He should’ve taken the hint that the affair was over and got on with his life. Instead, he pursed the widow and taken what she told him seriously. I think he planned the whole thing.

Traci   August 20th, 2008 3:08 pm ET

Poor guy has been railroaded ! I believe his testamony and in his innocence

Deb   August 20th, 2008 3:09 pm ET

SEAN …..NOT-GUILTY
Michele….. GUILTY

Jaleh   August 20th, 2008 3:17 pm ET

How can a man foolish enough to mail out an inflammatory and stupid note with his big finger prints in it to the murder victim’s family be smart enough to kill two people without leaving any DNA or other evidence at the crime scene? Where is the murder weapon?

I think the only thing he is guilty of is very bad taste in women!

Kat   August 20th, 2008 3:18 pm ET

I believe Sean Fitzpatricks statements are consistent and believable. I also believe the state has not proved it’s case beyond a reasonable doubt. The video evidence is inconclusive. The DNA evidence is also reaching, and not tied to the crime. Given the nature of the relationship, for Fitzpatrick, the love triangle is not a particularly strong motive, particularly if one considers he would have known he would be the chief suspect. I agree with Paula’s comments. Michelle’s reactions are completely overstated and her demeanor on the bench is unnatural. I don’t know how her participation was ruled out, but she seems much more suspicious, and really has the most to gain from the murder. She also would have had the opportunity to access the missing gun from her husband’s parents house.

Dennis   August 20th, 2008 3:43 pm ET

I may have missed something.
Can someone describe the time line?
What time are the easy passes? How long does it take to drive from the scene of the murders to Fitzpatricks home? The murders took place around 8 am. Right?
Den

Kassidi   August 20th, 2008 3:46 pm ET

Sean…. guilty.. of BAD TASTE IN WOMAN!
Sean…NOT-GUILTY of murder!

Jerry   August 20th, 2008 3:49 pm ET

bottom line… after hearing all the testamony I have a very reasonable doubt
no conviction here.

Jean   August 20th, 2008 3:53 pm ET

Was she REALLY dating someone within a year of the murder of her husband? OMG friggin’ unbelievable. What is she doing now? Does she still live in the house of the man she is responsible for murdering? I guess she hit the money jackpot because with his life insurance and stake in the company, she is financially set which is maybe what she needed and divorced especially for cheating she gets no moola because in THAT state there is “fault” divorce. She sickens me and I do not understand how the victim’s mother can even be in the same room with the woman responsible for her only son’s murder let alone sit next to her and why are they allowed in the courtroom? what if the prosecution needs to call them in rebuttal???

Carol   August 20th, 2008 4:04 pm ET

Sean should be found NOT GUILTY as there is definitely reasonable doubt. There is something about Michelle that does not sit right with me. One item which is so very unusual is that she would add such an important item just before trial “unless something happens to Michael” instead of immediately after they started questioning her.. it was just too important to forget.

Sharon   August 20th, 2008 4:34 pm ET

The prosecution had no control over their questioning … unbelievable. The Devil is in the Details…and Sean Fitzpatrick is giving too much info.
The craziest part of it is though, that the prosecution let it happen!

Debbie   August 20th, 2008 4:45 pm ET

I “think” Fitzpatrick did the crime. I’ve been watching the whole trial. But, if I was a Juror–there is thing called “reasonable doubt”–I think it’s very possible he did it. By the way, on the stand he’s very arrogant. Anyway, I would have to let him walk……………but always wonder!

s.ann   August 20th, 2008 4:49 pm ET

Talking about who would have such hatred type feelings toward Micheal to put a shot gun up to his head….who was on the scene almost immediately after the shooting…..who had a big interest in the business and maybe wanted Micheal out – of the business?

Has anyone looked at his father? Stats say that most people are killed by family members.

If Micheals father knew about the affair….

They need to cover all the bases, other people.,…as well…

Kathleen L.   August 20th, 2008 5:01 pm ET

I really think that there is a GREAT motive to convict SFP, but the lack of hard evidence would make me uncomfortable to convict him.

Debbie Ghiringhelli   August 20th, 2008 5:02 pm ET

Sam – I have to agree with you. I can’t say guily or innocent. I think he could have done it. Then again, I think he didn’t.

melissa miller   August 20th, 2008 5:12 pm ET

Sean Fitzpatrick is NOT guilty. All but 6 months of the last 4 years was a non-sexual relationship. During 6 months they engage in oral sex
3 to 4 times. Then the sexual part ends. Phone calls continue.
Is he gonna kill over 4 oral sex encounters?
What woman would say, “if something happened to Michael”????
Most would say, maybe we could be together in the future if I get divorced!
His eyes are squinty because he has less than perfect eyesight.
He tried his best to be relaxed on the stand to show the jury what he’s like in a non-courtroom atmosphere. Everyone would be scared as hell being accused of this serious crime. But if he shows them how
scared and nervous he really is, people say guilty.
Most affairs DO NOT =MURDER!!
No evidence to a gun, blood or the scene= NOT GUILTY!!!
He had an affair with a married woman. I would feel bad over that. And that is where Sean’s guilt is. Regret over an affair!

melissa miller   August 20th, 2008 5:20 pm ET

You can’t put a man in prison for the rest of his life if you think he’s arrogant and has squinty eyes.
You can only put a man in prison if you prove he has committed a crime.
Some people can be so ridiculous. I don’t like him, he’s cocky or his personality sucks, therefore he’s guilty of murder????????
Wrong.

Kathryn   August 20th, 2008 5:22 pm ET

Sean comes across as a total kiss-up con-artist. That man is covering his bases whereever he goes. His main goal in life to is play and be entertained. He really believed that he had everyone fooled by his mr. nice guy act and thought he would get away with murder. Was it for the love of Michelle? No way. He loves to play and Michelle’s lifestyle and money suits him just fine.

steve   August 20th, 2008 5:32 pm ET

he did it for sure–how can you explain the ez-pass—-paid the toll but the ez-pass still registered—that was a big mistake—and neighbor testifying that he never was never in his truck ,was his neighbor forgetting one instance in october of 2005–i dont think so common people wake up!!!!—he is doing a great job on the stand in my opinion—maintaining a perfect calm maybe too calm but consistent and confident-some say arrogant —you could read arrogant maybe but some jury members will read into him being confident and sure of himself—she may of wanted her husband killed definitely and used him for it—but in my opinion he DEFINITELY did it no question but he will walk–dont forget he will be judged by the another judge when he dies.

Don   August 20th, 2008 5:40 pm ET

This is the prosecutor cross examining one who is convinced is a double murderer, so sure he is bullying the defendant. I woudn’t expect him to handle this killer any other way!

D   August 20th, 2008 5:59 pm ET

I don’t think he did it. The prosecuters should be looking at the wife.

rosemary triche   August 20th, 2008 6:05 pm ET

I don’t think he did it!!

Larry   August 20th, 2008 6:09 pm ET

Even if I accept his explanations about the letter and the DNA on the truck, I cannot find an explanation for the EZ pass , both ways, at just the right time to fit the murder. Who else but the defendant would have been driving it that morning. The logical conclusion would be Sean. I am beginnning to wonder if the wife was tied in with his in a conspiracy.

How about Sean telling everyone he was starting up with an old girlfriend, and this poor lady had to be dragged into court to deny it. She was remarried for Pete’s sake. That must have made her and her husband feel really great. He admitted he lied about that (because that could be proved), he admitted he lied about the letter (because that could be proved), he admitted he had misspoken about where he got his coffee that morning (cause that could be proved). When a lie can be revealed, he admits lying. When it can’t be disproved, he denies its a lie. Still, the jury is gonna have a tough time with this one. I wouldn’t want to have to decide it.

cheri   August 20th, 2008 6:27 pm ET

I have a big problem with Sean’s alibi, notably his fuzzy memory of the critical hours. If I were in his shoes, having had an affair with the spouse of a murder victim, and the police are knocking on my door that same day wanting me to come down to the barracks, I would definitely consider myself a possible suspect. I’d start putting together where I was and when with solid proof, especially if I were innocent. It wouldn’t be a matter of trying to remember back two years ago. His casualness and fuzzy memory is just an evasive tactic.

Not Guilty   August 20th, 2008 6:39 pm ET

How much he did or didnt talk on the stand, how small his eyes looked, or whether or not the ADA allowed him to answer more indepth than a simple yes or no, is irrevelant. As a juror, you are required by law to ONLY base your decision on the “actual facts” of the case, not your interpretation of what you “think” are the facts, or your interpretation of how smug you thought he looked while testifying.

As with any murder case, the burden is on the prosecution to prove he is guilty. The defendant is not required to prove ANY of his or her innocence. The prosecution did not prove their case.

Just because his DNA was on the truck steering wheel means nothing. You could swab my steering wheel right now and you will find probably 10 different DNA samples. Why? Because I have let other people drive my car. His story regarding the wheels being under water on the boat ramp is also believeable. Why? Because I go to the lake every summer with my boat and yes, even if the bumper is under water, you are still able to make the bumper bounce up and down by standing on it. How do I know this? We have to do it every time we go to this particular lake because their ramps are also extremely steep and every time we put the boat in the water or take it out, both the rear AND front tires are in the water on our truck.

I have watched this trial from day one. If I was a juror, on this case, my vote would be Not Guilty. Why? Because the facts are not there to support the accusation.

phyl   August 20th, 2008 6:44 pm ET

As I read all of the comments I am left both angry and bewildered. We all have been captivated enough by this trial to make comments and give opinions, but the truth is none of us have seen or heard all of the evidence presented at trial, and certainly not the evidence that was not admissible for one reason or another.
My point is this: Many contributors have been quick to judge Michele Z as being promiscuous, part of the murder plot, too emotional, too unattractive and many other slurs too numerous to mention. We do not know how she is feeling; we can only guess. If we believe in our system of justice, we should assume that the police have done their job and investigated all possible suspects including Michele and the mafia.
The one point that no one can explain to me is why/how and who drove Fred Martin’s truck on the exact route, at the exact time and tried to fool ez pass on the morning of the murders.
This is the strongest piece of circumstancial evidence that cannot be explained away and added to the dna, the envelope, the lies about seeing Gert at a specific time, the lie about the coffe purchase destination, dating Gert’s daughter after being named a suspect…well the list goes on and on.
This is a no brainer for me unless you can explain away the Martin truck episode. I rest my case.

tom   August 20th, 2008 7:12 pm ET

TO JEANNE,

what an unfortunate coincidence for sean fitzpatrick that on the same day his lover’s husband is murdered, someone else takes his neighbors truck for a joy ride through 3 tolls to the area of the murder and then back!! not only that, this person coincidentally has the same DNA profile as Sean Fitpatrick. These are both 1 in a million coincidences. For these 2 coincidents to coincide is more like 1 in 1 quadrillion

Patty   August 20th, 2008 7:32 pm ET

I agree with all of you who believe Michelle Z had much more to do with this than Sean Fitzpatrick ever did! She seems to seek out the cameras in the courtroom, then she proceeds with her hang-dog fake sad widow face. She makes me sick.
How on earth does poor Pat Zamitti, the victim’s MOTHER stand sitting with this slut in court? My prayers go out to her and her grandchildren.
Also, does anyone know if Ms. Michelle was really dating someone else a year after these murders? That is just disqusting. Life is complicated, and we all make mistakes, but divorce is always an option.
She is a pig.
I hope Sean walks out of that courtroom as a free man, and that the real murderer will be found.

Rukmini   August 20th, 2008 7:52 pm ET

If I were accused of murders that I did not commit I would feel a sense of incredulity, pain and anger. Sean’s defensive demeanour during his testimony is totally understandable.

The investigators have ignored too many avenues of suspicion. For God’s sake- in the construction business people have far too many enemies. Besides, Michelle looked and sounded deceptive from the first instance. Did they consider a possibilty of ‘hire to kill’?

Amy   August 20th, 2008 8:00 pm ET

I don’t know. But, I think that Sean, is innocent. As, far, as, the note, desperate people, can do desperate things.

I did wonder about MIchele from the start. I know, either way, she would feel awful about losing her husband. But, she never looked up hardly on the stand. And, now today she hardly looked up. Something just isn’t right.

Penny Evans   August 20th, 2008 8:04 pm ET

I think they need to look at the wife as far as I am concerned. Sean is not guilty. She is really putting on a show in the court room with her big pout!!!!!!!!! It is sickening. She should have her head down throughtout this whole court process. She is the cause of this situation.

Sandra Hess   August 20th, 2008 8:44 pm ET

Fitzpatrick is GUILTY! Too much circumstantial evidence to reach any other conclusion. Add it all up, it paints a picture. When I heard he was dating Gert’s daughter — that was the final straw. What a manipulative little sneak!

Maybe I missed it, but can anyone explain why he used a neighbor’s truck instead of his own vehicle? I heard that it was always in the garage, so no one would notice if it was missing for a while. Why would he use the neighbor’s truck instead?

I predict a hung jury, especially after reading everyone’s comments.

terry   August 20th, 2008 8:48 pm ET

Dennis, I have driven that road many times and Fitzpatrick had ample time to commit the murders at 8:00 and get back to Freedom by 10:00 when his neighbor saw him – even with traffic.

I think Sean’s testimony today was the ramblings of a guilty man. And his testimony was a direct contradiction of the testimony of his best friend David Spears, his neighbor Gert, his neighbor Fred Martin, his mistress Michelle and her best girlfriend. Why would the jury believe his story and think that all those other people lied.

Poor victim Sean. This is quite a conspiracy to get him.

Cynthia Cipollo   August 20th, 2008 8:57 pm ET

I would like to know if they ever interviewed any of the toll booth workers who collected the cash and deleted the ez pass transaction maybe this person could have identified the person driving the green truck

Susan Marie Papp   August 20th, 2008 9:25 pm ET

Defense lawyer made a huge mistake keeping his defendent up on the hot seat for so long. Fitzpatrick immediately came across as arrogant and inappropriately smiling throughout most of questioning. What is so funny…??? My intelligent impression is that he is quilty. He shows no remorse or sensitivity to the entire situation. Guilty or not, smiling throughout his time on the stand was so wrong. What can I say…time will tell if the jurors are astute enough to pick up on the not so small nuances of testimony that reflect guilt as far as I am concerned.

SJ   August 20th, 2008 10:17 pm ET

This guy is delusional! He sits there babbling on about their relationship like it was yesterday all the while indirectly speaking to her. He acts like none of this happened, professing his love and boasting about this bond they have together.
You know he’s guilty, they just didn’t prove it. He had be planning the murder since 2005, thought he covered all his bases and thinks he can BS his way out of anything. Seems like he’s living in some fairytail where they live “happily ever after”, that’s not reality as we all know it. I don’t think Michele is bright enough to have planned this with him…she just very selfish and needy.
It’s a shame because this killer con is gonna walk.

joan   August 20th, 2008 10:20 pm ET

what if michelle did it and sean met her there and got rid of the evidence for her. As far as a mob hit sound like it could be that too. a shot in the face, no blood, no shotgun shells , Im still on the fence but, I have reasonable doubt for sure im sure the jury does too.

There was also testimony that Micheal jr s right hand first finger was pointing which makes me think he knew who it was and because he didnt move when he was approached.

irene   August 20th, 2008 11:48 pm ET

to those who believe he is innocent, i want to believe it, too. please explain to me who else is driving fred martin’s truck toward the murder scene and back during the time of the murder while fred is out of state

irene   August 20th, 2008 11:59 pm ET

So there’s a 1 in 931,100 chance that that is someone elses DNA in Fred Martin’s truck. As if that isn’t astrnominical enough, let’s assume that Sean has horrible luck and someone else with the same genetic markers(1 in 931,100) did actually take Fred’s truck. Now we have a similar million to one chance that this person drives Martin’s truck through 3 tolls all the way to the murder scene and back during the time of the murders. The odds of both of these events occuring simultaneously at a million to one each would happen once in every 1 quadrillion circumstances

Shannon   August 21st, 2008 6:32 am ET

NO EVIDENCE! NOT GUILTY!!!!!
I thought Fitzpatrick did a great job on the witness stand yesterday. However, I saw a re-run of Mr. Z Sr.’s testimony that made me think. – It’s his 16 ga. shotgun that’s missing (AND BY-THE-WAY Does Fitzpatrick even know how to use a shotgun??? He really doesn’t sound or look like a hunter to me). I know if someone murdered my son and an employee of mine – it would make me angry enough to go get my 16 ga. shotgun and go hunt them down! Especially with all the dirty politics & dirty money related to the Central Artery Project. Some of these subcontractors are THUGS and the police are WAY TO AFRAID of them to even think of going there. Bottom line – I truly believe Mr. Z Sr. & by now – everyone else – knows these were Allstate Concrete related murders. It’s surely not a big stretch!!!!
My thoughts and prayers are with ALL in that court room and with the jury – so that we don’t send an INNOCENT man to jail for the rest of his life!!!!!!!!!!!!!!!

Lynne   August 21st, 2008 6:50 am ET

Sean Fitzpatrick destroyed any chance of sympathy with his dissembling and rambling. He seems to fhink that he is invincible and very, very clever, however, sounds like a fool with his meanderings.

Danna, Winchester, KY   August 21st, 2008 7:25 am ET

Does anyone know if MIchele took a lie detector test? I just know she was involved. I just know it!

L   August 21st, 2008 7:34 am ET

Prior to Mr. Fitzpatrick testifying, I would have had a difficult time voting to convict him.

But…his admitting to sending the threatening note seals his fate…the note clearly was designed to get the police to believe that the murders were “business related”, and divert the investigation away from him.

Very bad Defense Lawyering…never should have let his client take the witness stand!

Martha   August 21st, 2008 7:34 am ET

If Mr Fitzpatrick planned and executed these murders. Surely he would have considered the fact that his relationship with Michelle. Would place him as the number one suspect. Did the police ever consider other possibilties? Perhaps who ever did this crime used Sean & Michelle relationship to their advantage. Knowing the police would completely focus on Mr.Fitzpatrick hook, line and sinker.

Police harrassment, zeal and closed minded quest to charge Mr Fitzpatrick is appalling and scarry. Arresting Fitzpatrick on a bogus drivers license charge. Using Michelle to phone Sean in an effort to entrap him saying something incriminating on tape. (The two hour taped phone call proved nothing.) Interesting she willingly cooperated with the police, I thought she loved Sean. The fast pass supposedly registering for Fred Martins truck on the morning of the murdered. Possibilty manufactured by the police to go with the blurred picture of a green Ford truck. (I thought higher quality camera systems are used to catch vehicles going thru the fast pass without paying. The integerity of fast pass system is questionable. ) Fitzpatricks DNA on the steering wheel? Yet their is not a nanogram of gunshot residue on the steering wheel or inside the cab of Mr Martins truck. (The gun was fired three times at close range.)

There is no evidence at the scene, on Mr. Fitzpatrick body or in his home that connects him definitively and or circumstantialy to this murder.

Jeanette In Woodbridge, VA   August 21st, 2008 7:37 am ET

I watched Fitzpatrick on TIVO last nite. He was arrogant and cocky. I agreed with Lisa Bloom. I think he really thinks he has us all snowed. The testimony of his former girlfriend stands out for me – he wouldn’t leave her alone after they broke up. Her tenseness and demeanor on the stand said that she was just glad she wasn’t sitting in Michelle’s place.

I think most of this relationship was in his head. I think he was obsessed. I think he took advantage of Michelle – she was a the point in your life where you have three kids, a husband who works day and night and sometimes you need someone to listen. He was an emotional friend and he was psychotic!

Too bad Massachusetts doesn’t have the death penalty ….

Judi   August 21st, 2008 8:00 am ET

Did anyone else out there pick up on what Fitzpatrick said, He said Gert was driving down the road, (may have been Gert, he didn’t see the person driving) Fitzpatrick said, When I was coming back from the Martins I saw Gert driving towards me. He never said he was driving the red truck! The lawyer put those words in his mouth, saying she should have seen the red truck. My thoughts are he was not in a truck he was walking and saw her but she did not see him. He must have been coming back from “returning the Martin truck” and walking back to his house. I think he accidentally said he was coming back from the Martins instead of getting a coffee. No one else mentioned the Froidient slip……

Mary   August 21st, 2008 8:46 am ET

Jerry you got it right. Bottom line, REASONABLE DOUBT

Mary   August 21st, 2008 9:15 am ET

Finally, someone mentioned the possibility of a “professional hit”. The word “professional” describes it, no evidence left behind. Do you think the defendant could pull something like that off?

I like to earlier comment about an innocent person does not know he needs an alibi until it is too late. I wouldn’t remember which spot I got coffee at two years ago or what time I actually got out of bed. If I were guilty I certainly would remember EXACTLY where I said I was on the day in question.

Debbie, Maine   August 21st, 2008 9:30 am ET

NOT GUILTY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Nikita Ziemer   August 21st, 2008 9:31 am ET

Mr. Fitzpatrick is a defense attorneys’ worst nightmare. His cavalier demeanor and obvious smirking is appalling behavior for a person accused of and on trial for a double homicide. Surely his counsel advised him concerning appropriate behavior on and off the stand. If by any reason he is innocent, he has tainted the jury with his inappropriate smiling and borderline flippant attitude.

Holly   August 21st, 2008 9:36 am ET

I have to wonder if there is a Life Insurance Policy on Michael Zammitti? Could this be a reason that Michelle wanted her husband to leave and then when he did not that is when a murder happened??
I get this feeling like Michelle is defiantly involved in the Murder and should have had her DNA taken.
Just a thought..
“Michelle sure know how’s to Act for a crowd, watch her when she thinks the cameras are not on her you can see her smiling and laughing, she makes me ill and disgusted.

bob wuehrmann   August 21st, 2008 9:37 am ET

Who else would take Martin’s truck, pay cash at EZ Pass, and put the truck back after an early morning joy ride.

lotusjani   August 21st, 2008 9:42 am ET

Sean: reasonable doubt, not enough evidence.

Michelle: She is acting the part of grieving widow, looking so non atractive, and the victim’s mother, sooo friendly with the daughter in law, cause of her son’s death. What is going on?
Prosecutor: go away, please! you are so not professional,
The accused should be found not guilty because of more than reasonable doubt, then its up to him and God. But please, do not go back to this woman, you can do better than that!

Georgia Haagenson   August 21st, 2008 9:46 am ET

Lisa,
I was on Fizpatrick’s side…until he opened his mouth. Thank God our forefathers,with out DNA, gave us this right.
Georgia Haagenson
Louisville,KY

Marie   August 21st, 2008 9:48 am ET

Hopefully, Mr. Fitzpatrick is more concerned with the outcome of this trial as he appears to be on TV. He is not only appears, smug ,arrongant, and over confident, but definitely not sympathic to the events leading up to the lose of two innocent lives.

Vickie   August 21st, 2008 9:52 am ET

He reminds me of an EX-boyfriend I had who came to my workplace with a gun after I broke up with him. Then when he was seen, he tried to say he was not going to hurt me he was going to kill himself in front of me.

This man is guilty!

Betty   August 21st, 2008 10:02 am ET

IF Sean Fitzpatrick blew two persons’ bodies up with a shotgun and can be so cavalier on the stand, he is a scary person; however, I do not believe he has been PROVEN guilty.

OLIVIA   August 21st, 2008 10:03 am ET

FITZPATRICK IS EXCELLENT WITNESS. I WOULD VOTE INNOCENT IF I WAS ON JURY.

Donna Bennett   August 21st, 2008 10:09 am ET

Sean Fitzpatrick was too confident and smiling during his testimony. I would think he would be a nervous wreck being accused of murdering two people.

caroline   August 21st, 2008 10:53 am ET

There is reasonable doubt for me after hearing Sean testify. As far as a timeline goes, if you have no reason to know what you were doing any minute of the day, who would remember if it was exactly 9:30 or 9:45 or 10:30. I can’t remember what I wore yesterday! Sean may have done it but I don’t believe I could convict him based on the evidence to date.

Rebecca Ballard   August 21st, 2008 11:23 am ET

There must be a lack of women in that area because Michelle is a DOG! Shes a guilty dog, too.

Diane   August 21st, 2008 11:41 am ET

I believe that Sean Fitzpatrick is guilty of murder. I also believe after listening to the testimony of Fitzpartick and Michele Zimmiti that she played a large role in his decision to kill her husband. She vascillated repeatedly about leaving her husband to be with Sean, and even after she proportedly made the decision to stay with her husband and work on her marriage, she still called and spoke to Fitzpartick incessently. She certainly gave Fitzpatrick mixed messages and I believe she manipulated him into committing the murder whether intentionally or subconsciously. She shares in the guilt of the murder of both her husband and the unfortunate innocent
man, Chester, who walked in at the wrong time.

Kim   August 21st, 2008 12:07 pm ET

Just curious – and this may have been asked….

Gert testified she knew what time it was because she was checking the game time on her computer. Do we know if she consistantly updated her time (she was in Eastern Time zone)? For some reason, she doesn’t look like the type of person who would know how to do something like that. I’m not trying to be biased because of her age. I know personally that even though I set my computers to update Eastern Time automatically, it doesn’t always happen. I end up having to change it myself. And I may not even notice that the time is wrong until I’m late for an appointment or something important.

Daylight Savings did not occur until the first Sunday of April in 2006. What if she never changed her computer’s internal clock in the Fall? What if her computer itself caused a “glitch” to the time (it can happen). If Gert’s time was incorrect on her computer, and it was really 9:15, not 10:15 as she thought – well, that would back up Sean’s alibi. I know I’m probably grasping, but it could cause the jury to doubt the time. Just thought I’d throw that out there.

Tina J   August 21st, 2008 12:53 pm ET

I think there is much reasonable doubt.His demeanor was critized.Perhaps he was so at ease because after all the accusations he finally could explain his side.I do think there is a ring to framed.I watched intently as Michelle gave testimony always peering up as to look for reactions and when she stated about the only way they could be together is if the husband wasnt there anymore..she looked down and away and didnt make eye contact..a true sign of lying..if Sean was clever enough to plan all this without being seen I think he would have worn gloves in the truck and been close range there would have been allot more blood evidence in the truck, his answers were human and normal. and it was obvious the police had him troubled..not guilty

REBECCA AVILES   August 21st, 2008 1:14 pm ET

IF THE TRUCK HAS A STANDARD TRANSMISSION AND THEY ARE HAVING DIFFICULTY GOING UP THE RAMP, THE TRUCK COULD HAVE STALLED AND YOU NEED TO START THE TRUCK UP AGAIN. THAT WOULD EXPLAIN THE DNA ON THE KEYS.

Vennessaa   August 21st, 2008 1:17 pm ET

I find it very interesting that MIchelle never looked at the attornies while she was testifying, She kept looking down at her lab!Why?That’s an interesting questions,I think she knows that eyes can give her away. Somebody made a comment that Sean is guilty because there is too much circumstantial evidence. The only evidence they have is the truck and the board behind Michael.There is no weapon, no blood ,no anything.
When you shoot a person (in this case 2 people) you would get SOME blood on your cloths or shoes. Did they find blood on Sean’s clothing?No,Did they find blood in the tuck ?No, Did they find gun powder on his hands?No
So I wouldnt say there is too much circustantial evidence. There is so much lack in the evidence that the evidence that they have is questionable. Another thing is that if Sean drove that truck how come there is not DNA or fingerprints on the gear shift?There is just so many hole is this case that it’s barely holding up. I can wait for the verdict .I hope the Jury is smart enough to see that Sean is NOT guilty.

Sharon Fitzpatrick   August 21st, 2008 1:23 pm ET

I am of no know relation to this Sean Fitzpatrick. I have a nephew named Sean Fitzpatrick that lives in massachusetts and we have family in Wakefield Massachusetts. .What a coincidence.
As far as his guilt or innocene I think he did this terrible crime but I am baffled as to the motive. Hope the jury can sort this out.

Sandee   August 21st, 2008 2:40 pm ET

In the Fitzpatrick case, someone explain to me how the defense can in one breath say that neighbor Gert provides Fitzpatrick’s alibi and in the next breath say that her timeline is unreliable, that Sean Fitzpatrick said the time was 9:30 and not 10 as Gert said. Huh? So basically, Sean Fitzpatrick is providing his own alibi???

Brenda   August 21st, 2008 2:45 pm ET

I wonder why they havent question the wife about what she stated on the stand ( something would have had happen to Micheal) i Dont think he is Quilty….. But i would think that she was putting thoughts into his head about killing her husband…

JohnnyR   August 21st, 2008 2:46 pm ET

I think his NH license plate says it all “ODE2ME”

laura jensen   August 21st, 2008 3:42 pm ET

NOT GUILTY!!!! there is no motive—they broke up and he moved on no doubt—reasonable doubt—-he cared for the kids why would he murder their dad 1 year later it’s not adding up

Debbie Ghiringhelli   August 21st, 2008 5:07 pm ET

One more thing. He did it………………….and he’s going to walk. Who else would steal the truck!! All the pieces to the puzzle are there…..just put them together. As for Gert–of course she knows what time it is. She does nothing all day.! My mother could tell me the exact time she gets up everyday. He doesn’t even know what time he got up. Weird!

Betsy   August 21st, 2008 5:24 pm ET

I was leaning toward him being inocent, but then he took the stand, I am sorry but he came across as everyone is out to get me, Michele did not mean that much to me, even my best friend in the whole world isn’t saying what I meant, almost every quetion asked by the DA, he would go into these long explanations about no that is not what I said they are saying it wrong or they didn’t hear it right. On at least 2 occasions he was laughing, if I was charged with 1st degree double murder, I sure as heck would not be on the witness stand laughing, I would want the jury to know how serious I was. I DID NOT DO THIS!!!!
I don’t know what the jury will do, but I will be praying for them, I would not like to have their job.

Jean   August 21st, 2008 7:01 pm ET

When you put all the pieces together the only verdict is GUILTY . He told too many lies. He lied about the old girlfriend wanting him back. The jury was never told about the restraining order she had against him. She testified she has not talked to him in years. She is also married now. He never told the police about the coffee. Then it was Freedom Market and today it was Dunking Donuts.

Lee Como   August 21st, 2008 7:10 pm ET

You gotta give ole Sean credit for trying to live the American dream. How can you fault him. Here is “Pooper Trouper” living in his Aunt’s lake house unable to find gainful employment. And then he goes for the Trifecta. Not only was he coveting his neighbors wife but he was also coveting his neightbor’s children and lastly he could wind up getting ole Michael’s assets and business. Yeah, maybe it was a gamble and maybe it was not too well thought out but you have to give him credit for going for it. He could still win the Trifecta if the jury finds him innocent and Michele takes him back and he gets to be owner of Allstate Concrete. It’s not like he help up a convenience store and shot the clerk, this guy went for the full monty and may still win all the marbles. Joseph Kennedy started out in smuggling and organized crime and look what it got him. You may be looking at the father of a future President of the Uninted States if he passes his oral exam. Oh! you gotta feel sorry for Gert’s girl but she is collateral damage. Oh! Well!

lenny   August 21st, 2008 9:03 pm ET

Sean Fitzpatrick is in love with himself! Did he say one thing on the witness stand to give the indication that he cared about anyone but himself? NO.
I’m thinking “hung jury.” He’ll walk, but he’ll always be the creep that he is, FOREVER!

Cindy   August 21st, 2008 9:40 pm ET

I believe Sean is not guilty! No great evidence to prove othewise.
As for motive? I think if he was so much trying to cover his butt for the murders he would of done a much better job than this. Everyone says how smart he is, then why wouldn’t a good motive be, NOT to kill your girlfriends husband because the mother in law knows of the affair. He may have very well wanted the husband out of the picture, but common sense would tell you that a murder would make you an automatic suspect when the Zammiti family knew something was going on between them. I think Sean is smarter then that.
Not enough proof to convict.

TC   August 21st, 2008 10:11 pm ET

Michelle has a sour look on her face, I think she is guilty for everything, even saying she would not leave her husband while he is alive and married, maybe not her exact words, but you know what I mean. He is a smooth as a baby butt, he talks way too much, covered all his tracks and like OJ run in the SUV he did it with a note to cover his tracks and to take the scent off him. He was playing with fire, she was smoking the fire, I would vote guilty, two men killed in this case, one the victims husband, after what she said, and he was fooling with a married woman and covering his tracks, Oh come on, and the Lawyer should have told him from the start, YES OR NO only, not talk a blue streak.

TC   August 21st, 2008 10:13 pm ET

NOT GUILTY!!!! there is no motive—they broke up and he moved on no doubt—reasonable doubt—-he cared for the kids why would he murder their dad 1 year later it’s not adding up

Why, because he was fooling with his wife, PERIOD, TALK ABOUT A COVER UP?

TC   August 21st, 2008 10:18 pm ET

Michelle is guilty by association to me by messing around with someone while still married.

theresa   August 22nd, 2008 10:31 am ET

If Michelle has any concious at all, she will have a pretty miserible life.

Monica   August 22nd, 2008 12:10 pm ET

Do you remember that Sean said that Michelle even told him “she was a walking, talking contradiction?” Well I do and I do believe this man was set up, this slut has more to do with this than him, They should put the squeeze on her…..She knows who did it, it was not Sean…the Patsy…He did NOT do this, I just feel there is SO much left uncovered, what a Sloppy Mess this is. Hope the come back and cut him loose, he has been through Enough!!!!

This Woman, I feel has problems….Even though people say he is cocky or arrogant on the stand, I think he did very well with all of this, NOT GUILTY!!! I just don’t buy into the BS…

Tim   August 22nd, 2008 12:43 pm ET

Fitzpatrick is as guilty as the day is long. His lawyer is trying to put Fitzpatricks D.N.A. from helping with the canopy on to Martins
steering wheel. If his lawyer digs any deeper he will be in China.

Elise, Pittsburgh, Pa   August 22nd, 2008 12:50 pm ET

Guilty! This case is very fascinating in every way- but if we consider the idea of reasonable doubt- I think we can think in terms of reasonableness. It is not reasonable that his DNA was found on a steering wheel of a truck he wasn’t supposed to be in, his lover’s husband is murdered on a day that that very truck was stolen and went the exact direction of the crime and returned back within the time frame of the murders. I think what happened is that Sean engaged Michael Z Jr. on that lake the weekend before and despite what Sean testified-I think Michael Jr. may have made a demeaning comment to him and that the exhange wasn’t all touchy feely like Sean testified. I think this is what finally set him off. As for his demeanor on the stand- I think it further proves his guilt. I am a first grade teacher and I know immediately when my students are lying when they give either far too many or far too irrelevant details when asked a simple question. My final comment is that I think “affairs of the heart” are far more intense than sexual affairs. No, he might not kill just for sex- it is when you really love someone that you might have a strong enough feeling to do something brutal. GUILTY!!

FranK   August 22nd, 2008 2:42 pm ET

my question is michaels dad kissed him and huged him and michael was shot in the face with a shot gun, i never heard any thing about blood on the father
Fitzpatrick maybe guilty, but there is just to many stones unturn for to vote him guilty be on reasonable douubt

Gloria Wilson   August 22nd, 2008 5:03 pm ET

I think Sean is innocent. I also think anyone could have been breaking into those homes and stole the truck. The lady couldn’t say 100% this green truck was the one on the video. Someone could’ve drove to MA for other reasons and the E-Z pass picked it up. There isn’t enough evidence to say otherwise or to convict this man.
I can see how a person would do something stupid like the note if the police were bearing down on you. When you know you’re innocent and the police pick you up for a silly charge and pretty much point the finger your way, while everyone in the neighborhood (people you’ve know for years) are thinking you did this terrible crime how would you feel and react? On the stand he seems to just try to be normal and let the jury see how he has been wrongly accused.

Patty   August 22nd, 2008 10:27 pm ET

No Guilty.
Bottom Line. Has the prosecutor shown that he is guilty beyond the shadow of a doubt? NO. There is reasonable doubt.
Does our system have the right to lock someone up for life when there is just a possibilty that he is not guilty? That would be a bigger tragedy!

Kenny A.   August 24th, 2008 1:57 am ET

I think S.F. did drive the truck down to Wakefield, MA. I do not think he pulled the trigger.
As far as the shotgun is concerned, are we supposed to assume that the gun was reloaded after the two shots that took out Michael Jr? It was a double barreled shotgun and, to my knowledge, it only holds two cartridges. On the way out of Allstate was Chester Roberts coming up the stairs as the killer was coming down, turned to run, and then the killer reloads the shotgun(lightning quick) and shoots Chester? Was the shotgun reloaded immediately after killing Michael Jr? Why would it be reloaded if only one person was in the office?
SF did not do this. I think he was in the area, maybe even in the building, but not the trigger man.
No DNA on the gear shift boggles my mind. He had to touch it, at the very least, 4 times. Drive, Park, Drive, Park. That doesn’t take into account maneuvering the truck out of and into that tight spot at Fred Martin’s house.
Lastly, all of the poster’s here represent jurors across America and are the reason many innocent individuals are put in prison. We make assumptions and judge defendants on how they come across or look or talk. We are also swayed if we think deliberations are taking too long. We don’t fully consider the judge’s instructions, we are falling asleep during the trial, and we just want to go home and get this thing over with. For these reasons, this jury just might come back w/ a guilty verdict.

Sorry to be all over the place but it’s late and I’m trying to stay up to watch the Redeem team win GOLD!!!

mphw   August 24th, 2008 11:23 am ET

I don’t think the people who think Fitzpatrick is innocent really understand what reasonable doubt is. Here is part of a legal definition I found:

“Proof beyond a reasonable doubt, therefore, is proof of such a convincing character that you would be willing to rely and act upon it without hesitation in the most important of your own affairs. However, it does not mean an absolute certainty. ”

People who are saying there is not enough evidence are looking for absolute certainty. As this definition states, beyond reasonble doubt DOES NOT MEAN an absolute certainty. He should be found guilty.

Russell S Young/ Cutler Bay, Fl.   August 25th, 2008 9:55 am ET

Sean Fitzpatrick is so guilty and there is a great chance he will get away with murder. Why did the police zoom in on him.
It appears he planned this for a long time. He made up his mind he wanted her and the kids. He knew Mr. Martin would be away and used his truck to committ this crime. He has an answer for everything because he rehearsed it for a long time.
If he is found not guilty will she go back with him and how will the Zammitti family react to this.

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