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August 22, 2008

Fitzpatrick waits while jury deliberates

Posted: 08:54 AM ET

WOBURN, Massachusetts–The fate of Sean Fitzpatrick – charged with the double murders of Michael Zammitti, Jr. and Chester Roberts on March 13, 2006 – is now in the hands of a Massachusetts jury. The unsequestered panel of four men and eight women received the case Thursday afternoon – but after two hours, the jurors left for the day without reaching a decision. They’ll be back at it beginning at 9:00 am this morning.

Prosecutors charge that Fitzpatrick murdered Zammitti because he was in love with Zammitti’s wife, Michele, and wanted to remove a romantic rival. They allege that the defendant then killed Chester Roberts, Michael Zammitti’s employee, because he stumbled onto the scene – a classic case of being in the wrong place at the wrong time. But the defense insists that Fitzpatrick is an innocent man, and argues that the police neglected other, more obvious leads in its rush to judgment.

In Session will be live during verdict watch. Stay tuned.

–In Session staff

Filed under: Trials • Verdict Watch


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LTJ   August 22nd, 2008 9:00 am ET

i think the verdict will be reached late today or by Mon. i still believe there is enough reasonable doubt-no one wins in this- so many lives are forever changed

Pat Ribelin   August 22nd, 2008 9:32 am ET

Where any articles of clothing missing from any of the homes that were broken into? I was thinking perhaps Sean might have put on a pair of Zimmitti's Sr.'s or Fred Martin's shoes or other clothing, so that shoeprints could not be traced, etc. Also, were bodies of water seached between MA. & NH for disposal of the weapon? Fitzpatrick seemed very calculating in his every move.

angie   August 22nd, 2008 9:53 am ET

God bless Michael Zammitti and Chester Roberts.

Linda Pyfrom   August 22nd, 2008 10:11 am ET

Fitzpatrick is GUILTY, no doupt in my mind. The easy-pass & his prints in the truck, and the letter he sent the Zammitti family clinched it for me. Also I could se his face & neck turning red (a sign of guilt) as he told his story . "Liar,Liar.pants of fire"

Leon Copeland   August 22nd, 2008 10:12 am ET

Has anyone ever suspected the unfaithful WIFE may have conspired to have her HUSBAND done away with, so that she could get all of the property, and also enjoy the comforts of her lover?? By having her husband killed, she gets the property AND the opportunity for her lover.

Gayle   August 22nd, 2008 10:12 am ET

I put my cell in the kitchen to charge at night. When I plug it in the volume automatically goes to low. No I don't always hear it. I work in a restaurant and yes people write notes, doodle on the receipt, napkins etc....AND I do know a man that writes poetry all the time and he is not in love but has been doing this for years. I am having problems with this prosecution. The wife really bothers me and I think there may be others that have not been looked at for this crime as the father appears that he could have had enemies. And I think it's a shame that Chester seems to be forgotten in this whole tragedy.

Linda Pyfrom   August 22nd, 2008 10:19 am ET

Fitzpatrick is GUILTY, no doubt in my mind. The easy-pass & his prints in the truck,the leter he sent the Zammitti family clinched it for me. Also, his face & neck turned RED (another sign of guilt) as he told his story. "Liar,Liar,pants on fire" ......Linda, Eleuthera,Bahamas

Kevin   August 22nd, 2008 10:19 am ET

I don't understand how Sean Fitzpatrick's attorney can say that Gertrude's
recollection of time is unreliable when Sean Fitzpatrick himself said that he normally doesn't keep track of time.. He himself said that it was just something he did..not really keep track of time.

FranK   August 22nd, 2008 10:28 am ET

Michaels father stated he kiss and huge his son when he found him.
I understand michael was shot in the face, how did his father kiss and huge him with out getting any blood on him self, i never heard whether the father had blood on himself only that he may have stepped the co workers blood. if the father had no blood on himself does not this raise a question. they had a home in sean area, what prevents the father from have some take the truck drive to mas and back as a cover up
sean is quilty how ever this question is on my mind, so once again here is reasonable doubt
i would have to find him not guilty

lenny   August 22nd, 2008 10:40 am ET

Where are Sean Fitzpatrick's family and friends that should be there to support him?
How come there were no camera's at the toll booth to record the Martin truck passing thru?
Why was Michele Zammitti in court every day? I never heard her say one kind thing about her now deceased husband.
Why does only one picture of Michael Zimmitti seem to exist?
Just thinking.........

loretta marsh   August 22nd, 2008 10:42 am ET

nobody ever brings up what the father said on the stand. he said they did it when he first found the bodies.who did he mean?

Donna   August 22nd, 2008 10:53 am ET

I heard thd 75-year-old neighbor testify that she saw the defendant when she came back from a one mile walk which took her about 15 minutes. I am 10 years younger and walk 3-4 miles on a treadmill daily. I am questioning if, at her age, she could walk a mile in 15 minutes. That is four miles an hour – quite a speed for someone her age. I would be interested to know what time she actually logged on to her computer after her walk. Could make a huge time difference.

Gloria Wilson   August 22nd, 2008 10:54 am ET

I think Sean Fitzpatrick is innocent and on the stand he seemed to be just telling it like it was. I take him as an "easy going" type of person and I cannot see him killing two people in cold blood. The police heard AFFAIR and that was it. I'm sure once they set their sights on him they didn't look elsewhere. I do understand why he tried to deflect the attention in another direction. It was a stupid thing to do but we all do stupid things when we're scared.

Patty   August 22nd, 2008 10:57 am ET

If Fitzpatrick is found not guilty, a killer will be set free.

Bonnie Thorpe   August 22nd, 2008 11:08 am ET

I am very sorry for the lose of Mr. Zammitti Jr., but I really think this is not a crime of passion but a crime of business. I really do think the investigation should have gone that way which makes more sense than Sean Fitzpatrick's guilt. Mr. Zammitti Sr. seemed like a shark to me!

Ruth Fennell   August 22nd, 2008 11:18 am ET

I Would Still Find Him NOT GUILTY

Mary Z.   August 22nd, 2008 11:18 am ET

As the TV Lt. Columbo used to say, "A killer, he has only one shot at getting the murder right. Me, I've got as long as it takes to find out who did it!" It makes sense, then, that Sean Fitzpatrick made mistakes, but make no mistake about it, he was the murderer–he was the only one with motive and opportunity.

Mary Z.
Westminster, MD

Ruth Fennell   August 22nd, 2008 11:21 am ET

I Still Can't Understand Why Michele Was Not Charged,If Fitzpatrick Was

Peggy in West Virginia   August 22nd, 2008 11:25 am ET

I am not convinced of Mr. Fitzpatrick's innocence but the Procecution did not prove anything to show me he's guilty. Too much doubt in all the evidence and a perfect case of reasonable doubt.

Barbara Stewart   August 22nd, 2008 11:25 am ET

Comment for Sean Fitzpatrick, the poet: "Ask not for whom the toll pings, it pings for thee."

Roy   August 22nd, 2008 11:38 am ET

If The defendant & the victim were good friends, why is he showing no emotion when he talks about this horrible crime. I cried when my neighbors Father died and he was 90 yrs old. If he really loved her and the kids ,he should be devastated that they are going through such a terrible loss. I saw no signs of sadness from him. He sometimes was even smiling during his testimony.

D. Rose   August 22nd, 2008 11:40 am ET

Did the police investigate Michele at all? It seems possible that she had something to do with her husband's murder. Maybe hiring someone to kill him? Isn't she the one who made 30 phone calls to Sean after they had supposedly ended the relationship. Isn't she the one who conveniently "remembers" that she told Sean that the only way they could have a future together is if something happened to Michael? If he's believed, Sean understood that she would not leave her husband. Michele is the one who went back and forth on what she should do. Considering her position in the Zimmitti family – someone who had cheated on her husband who is now dead – perhaps the family is pressuring her to make sure Sean is convicted. There are always things that don't get in to evidence and things investigators know but can't prove so maybe they "know" he's guilty but given the evidence – which Sean has explained – I don't see how he can be convicted of these murders.

harold   August 22nd, 2008 11:41 am ET

number one.they can say that millers truck was at the toll gate but they cant say that fitzpatrick was driving it.nobody seen him in or driving the truck in or out of the edition that day or any other day.or seen him at the toll gate.and it was a concrete company dont you think there would be a little bit of conrete dust inside the truck .makes sence to me.

barbara croce   August 22nd, 2008 11:41 am ET

There is not enough evidence to convict Sean Fitzpatrick.Something in my gut just don't feel right about this. I iknow that his father is grieving and I feel for him, but he looks like a person that has many enemies.

sherry fultz   August 22nd, 2008 11:47 am ET

how do i get the live video on in session/best defense/trutv

Shannon   August 22nd, 2008 11:49 am ET

NO EVIDENCE! NOT GUILTY! CANNOT CONVICT! I sure hope the jury looks at all the previous statements that some of these important witnesses made, as early as, a couple of days after the murders and not just rely on what they said on the witness stand two years later! I was surprised to hear that even Gert D. changed the time she saw Fitzpatrick on the day of the murders several times! The week of the murders she said she saw him between 9:15 AM & 9:30 AM. This is pretty important – not like what time did you get a coffee, where did you get it, what time did you get up, what clock did you look at 2 years ago? GIVE ME A BREAK!!!!

Jean   August 22nd, 2008 12:00 pm ET

Ok it's "Wait and Worry" time.

Wisdom   August 22nd, 2008 12:03 pm ET

This could be bad... I don't think they made the case against him but when a jury stays out long it's seems to mean guilty. Not guilty verdicts usually come quick.

bob mcgary   August 22nd, 2008 12:03 pm ET

while fitzpatrick was sleeping, someone was stealing one of his neighbors truck and driving to mass. also, in mass someone was shooting another one of his seasonal neighbors, who just happened to be the husband of the woman who he had an affair with. then not long after he got up the person returned his neighbors truck. geeez

Michele Beaver   August 22nd, 2008 12:06 pm ET

If I were on this jury I would have a hard time coming to a concrete decision. The circumstances in my opinion do point to Sean as I find it hard to beleive everyone else is lying or making mistakes remembering. The truck for me is the clincher. So my instinct is he did it.; however putting someone away for life wiht a few uncertainties would not sit well with me. What a dilema!

Barb Keslinke   August 22nd, 2008 12:13 pm ET

Sean Fitzpatrick, is a liar from the minute he opens his mouth. He justifies everything. After living with a brother who lied about everything my whole life I truely believe Sean is living in his own head.

Mauri Cardona   August 22nd, 2008 12:19 pm ET

I can not believe that no one else picked up on Fitzpatricks testimony, he said Michele never said those words to him about something happening to her husband to be together, then in another part of his testimony he said she said those words to him several times. Go through the testimony. I am shocked the prosecution didn't catch that and show how he lies to fit his story. But I know I heard him say that.
HE IS GUILTY!! I also believe she is involved.

Dixie Hereford   August 22nd, 2008 12:22 pm ET

I wish I was on the jury because I would vote that Sean Fitzpatrick is innocent. I think the investigators should have focused more on other suspects because I feel that someone paid to have Fitzpatrick framed.

Momma   August 22nd, 2008 12:23 pm ET

An innocent man would not lie so many times, create a false letter so carefully, and have his DNA on the steering wheel and key of the truck that traveled to the area of the crime from his area, have no real alibi.

Dixie Hereford   August 22nd, 2008 12:25 pm ET

It is extremely obvious that Michele Zammitti is guilty as sin. After all, SHE is the one that said "the only way we can be together is if something happens to Michael". She either did it, or had it done!!!

Carolyn   August 22nd, 2008 12:26 pm ET

This is one of the rare cases Ive watched that I could see myself as a juror voting for this mans innocence based on lack of evidence. I just dont know. I think this jury will be out for days.

L Meyer   August 22nd, 2008 12:33 pm ET

I do not think he is guilty...Did they ever look into the wife hiring someone to kill her husband???

M. Cline   August 22nd, 2008 12:34 pm ET

This man had his "dancing" shoes on while he testified. He gave too much information to simple questions. He is guilty.

Deb   August 22nd, 2008 12:48 pm ET

NOT GUILTY!!!
I HOPE HE WALKS OUT TONIGHT A FREE MAN....
FREE OF THIS HOMICIDE AND FREE OF THE ONE WHO "IS GUILTY" OF SOMETHING...... MICHELE!!!!!!

Kat   August 22nd, 2008 12:58 pm ET

It seems ridiculous that the prosecution would allege on their timeline that Fitzpatrick could have used that truck in the commission of this crime, and not transferred some kind of trace evidence like the victim's blood splatter or shot residue into the vehicle. There is no evidence connecting Fitzpatrick to the crime. The love triangle motive is flimsy. The prosecution has in no way substantiated its case.

The motive for murdering Michael lies with Michelle. She benefits from the estate. She was the one who was unhappy with the relationship. If she was having an affair with Sean, it's possible, even probable, that she was engaged in other extramarital affairs of a more sexual nature. I find it particularly revealing that 2 years later she should suddenly remember that she had proposed to Sean that the only way they could be together is "if something happened to Michael." It's as if she were purposefully trying to frame him. Her behavior throughout the trial has been suspicious, and I keep wondering how she was ruled out for trial or involvement.

Kat   August 22nd, 2008 1:12 pm ET

Every EZ pass toll area I've ever been through has had video cameras for toll evaders on both the coin tosses and the EZ pass. I'm pretty certain these cameras run continuously. If Fitzpatrick was driving that truck, why didn't the prosecution submitt any video evidence of the truck passing through the toll? They know the exact time and date to check.

MRM   August 22nd, 2008 1:15 pm ET

There is not ONE doubt in my mind that he is GUILTY and I could be on that jury right this very minute, vote guilty and live just fine with no looking back. We will never know what words actually passed between Sean and Michael on the Saturday before but I doubt seriously that Michael said "no problem, we are all friends" to the man that he thought was having an affair with his wife, no matter when the affair was. Too many circumstances that leave no doubt.

Jean   August 22nd, 2008 1:18 pm ET

There is no statute of limitations on murder so regardless of this verdict they can and should go back and look at Michele and if I was her I would be plenty worried and getting my own POA from someone.

andy c   August 22nd, 2008 1:19 pm ET

Why has the dfense not brought up the fact that the records indicate where the EZ pas, not the truck was that day. It is a small plastic piece that can be removed from the truck as easily as a pack of cigarettes. Did the police check IT for prints or DNa?

Maggie   August 22nd, 2008 1:21 pm ET

I take exception to the opinion by analysts that 10 or 11, if not 12 jurors out of 12 would leave their cell phones charging overnight in their bedrooms. I do what Fitzpatrick says he did, charge mine downstairs away from the bedroom overnight. The thought that he does not charge his cell phone in his bedroom doesn't mean anything!

san   August 22nd, 2008 1:22 pm ET

why isnt the wife on trial for SUGGESTING the only way they would be together is if her husband was dead??????? i have seen conspirisy charges on this show for a heck of a lot less!!!!!

F. Pamplona   August 22nd, 2008 1:22 pm ET

The Prosecution failed to tie it all together for me. Shot gun blast are not mute, no one in the area heard anything? No one in Fitzpatrick's community saw that the neighbor's trucking was missing nor saw the truck leave and later come back? The Prosecution's rush to judgement clouded their objectivity. "Tunnel Vision." Where they able to determine who got shot first? That might give a clue as to who to look at.

L   August 22nd, 2008 1:26 pm ET

The agony of waiting. Too close too call. I want to see him gone, locked up, but I feel that there is just not enough to convict. Michele, you will pay for this for the rest of your life, I have no idea how Pat can sit next to you let alone look at you. Your family has screwed so many people over including two men that had no idea what they were involved in.

DLL   August 22nd, 2008 1:26 pm ET

I'm shocked they didn't look into the (bad acting) poor, sad, frowning pittifull, ugly, widow.

She made out the most by the death of her husband, house, kids, all the time she wants now, to run around like the SLUT THAT SHE IS!

I have to hand it to the in-laws for allowing her even near them. How she can face anyone (actually, looks like she can't) is beyond me.

She makes me sick!

sme   August 22nd, 2008 1:29 pm ET

whether Fitzpatrick is found guilty or not, I think the DA should make a statement as to why they haven't arrested Michele Zammitti.
Michael was a family man who no doubt loved his children, he would never have consented to being a "weekend dad" and because he had the resources, she stood to lose her children, house and comfortable lifestyle. The only thing Sean would have gained is a BIMBO. Tell me who had more of a motive.
Michele has already moved on to another man – only 9 months after her husbands death. That's a grieving widow for you !!!

Kat   August 22nd, 2008 1:35 pm ET

Revisiting Michelle's testimony, her emotions come off as completely false and inauthentic. The way her eyes roll in her head as she answers. The way she keeps looking down. The tremors in her voice don't have the sort of authenticity a person really has when they are trying to withhold emotion or sobs. DLL's accusation of bad acting hits the nail on the head. Fitzpatrick is her patsy.

I also agree with Andy C's comment about the EZ pass. If a person is sophisticated enough to committ a double homicide leaving no physical evidence behind, they're sophisticated enough to remove the EZ pass before they take the truck out for a spin. I'd like some video evidence of the truck passing through the toll both.

Jean   August 22nd, 2008 1:36 pm ET

Probably could not indict her because there was not enough evidence; which is unfortunate because her fingerprints are ALL OVER this thing AND she is the one who benefits the most: the money, house, cars, kids, boat, summer home, rid of "pesky" lover she could not ditch. She must skip up her driveway every night laughing to herself.SICK SICK SICK

christine   August 22nd, 2008 1:52 pm ET

you are all so quick to judge michelle and how she is dealing with this. you have no idea what her life was like or how she was treated in her marriage. she is an incredibly strong woman and an amazing mother. do you really think her in laws would be standing by her side if she were a part of this. it seems so easy for all of you to judge sitting in front of your computers. learn the facts before making such offensive comments.
micheles husband was murdered and michele was and still is taking responsibility for her actions as far as the affair goes. she is distraught for her in laws, and more importantly for her children. give her a break and stop commenting on a situation you know very little about. she will live with this sadness the rest of her life. she certainly doesn’t need all of you to remind her.

chuck   August 22nd, 2008 1:53 pm ET

Who would steal the truck, bring it back on the same day and same time as the murders? PAT!

pn   August 22nd, 2008 1:56 pm ET

I wouldn't want to be a juror-it would have to be hard to convict someone with no physical evidence. I agree with many other comments on the site that it seems that there would have been some dna or blood of some type in the truck especially if they can't make out that it was even there for sure. (It just looked like a truck there???) And, other comments with good merit - could that ez pass have been taken out of the truck - not one person saw him take it or bring it back to the lake?? Wouldn't there even be more fingerprints there if he had gone all that way, etc. etc. I just don't get that much evidence to convict if I were a juror. If he was paranoid and knew they were only looking at him and following him continuously for a suspect from being in an affair; I can see him taking actions that could hurt him. If there was talk that Mr. Zammitti's business acquaintenances did do something, he could have tried to run with that to encoiurage them to have them further pursue that angle. I have too much doubt-–what if he is innocent and he was targeted from these 2 states of cops so heavily and he's spent 2 years in prison already?? I just don't envy anyone for having to make this decision. Good luck to all--the final judgement is all that counts in the end for the one who did it.

Maine   August 22nd, 2008 1:56 pm ET

WOW!!! I totally agree with you SME!!
She made out bigtime with the murder of her hard working husband.
How can she live with herself???

Rebecca   August 22nd, 2008 1:57 pm ET

Fitzpatrick was moving away to set up a new nest for his "new" family. He knew that once he took care of Zammitti he still could not freely be with Michelle; He knew they needed a fresh start. This "poet" had been romanticizing and planning this murder and new life for a long time.

RGG   August 22nd, 2008 1:58 pm ET

Too many coincidences in the murders. The ez pass, the truck being returned (had to be someone from that area) – the fingerprints, the hate letter to the Zimmitti family.

This man had no family and wanted what another man had, as friend of the family he thought he could slip into the new "daddy" and get the assets and especially that "love" of his life.

Guilty as charged!

Helen Kachejian   August 22nd, 2008 1:58 pm ET

I think if they convict this Fitzpatrick guy it will be a real travesty of the justice system. The wife should be looked into – she looks far more guilty than Mr. Fitzpatrick.

degina utt   August 22nd, 2008 2:00 pm ET

WHAT SEAN FITZPATRICK DONT REALIZE IS SHE WOULD CHEAT ON HER HUSBAND THEN SHE WOULD CHEAT ON HIM AFTER THE EXCITEMENT WORE OFF.HOW WOULD THEY EVER TRUST EACH OTHER?THEYRE BOTH WRONG AND BOTH HAVE TO PAY THE PRICE FOR ADULTERY.HES A CREEP SHES A SLUTT.THANK YOU,ARKANSAS

Cliff R   August 22nd, 2008 2:14 pm ET

Fitzpatrick may be a scoundrel yet I do not see a preponderance of evidence which leads me to believe he is the killer having watched the entire trial on TV as shown by you.

There are to many questions left unanswered and to much in my view of a reasonable doubt that would allow him to go free for this.

DNA on the Steering wheel and key are not the end all of a factual evidence of guilt for Fitzpatrick.

The beyond a Reasonable doubt threshold has not been shown I believe.

It is hard to judge what a Jury will do as much as we don’t want to admit it they tend to lean guilty till proven innocent in my view looking for the smoking gun or evidence beyond a reasonable doubt and I just do not see it here in this trial.

I would not be surprised to see him walk.

Shannon   August 22nd, 2008 2:19 pm ET

I must have missed the Zammitti cousin's testimony! Zammitti Sr. said 'IF YOU DON'T DROP THIS LAW SUIT I'LL BULLDOZE YOUR HOUSE DOWN' to his own sister!!!!! YA THINK THIS GUY HAS A TEMPER & IS MONEY GRUBBING???????? Obviously money means more to this guy than family!!!!!
Zammitti Sr. has the 16 ga. shotgun taken from his own house & I wouldn't trust him as far as I could throw him!!! He's probably the one that burned Sean's house to the ground last year – while an innocent man sits in jail!!!!
THIS CRIME WASN'T COMMITTED BY FITZPATRICK!! IT SMELLS JUST LIKE SOMETHING SOMEONE WOULD DO AFTER ZAMMITTI MADE ONE OF HIS VIOLENT THREATS OVER MONEY LIKE HE DID TO HIS OWN SISTER!!!!!
LEAVE SEAN FITZPATRICK ALONE AND GO FIND THE REAL MURDERER/S

Merrie Harris   August 22nd, 2008 2:19 pm ET

Sean Fitzpatrick is too self assured. This is a crime of ego-mania. He killed the husband no doubt in my mind but he did it not for love but because his ego couldn't take it. (He lost)
He's right it's not about the sex but about how she feeds his ego and he couldn't handle losing that.
His excuse for writing that letter was to deter justice and cover up his crime.
If I was being harrassed by police that doesn't mean I'm going to write a hurtful letter to avert attention. He doesn't need to do that if he's innocent.
He was way too vague on questions asked of him that had nothing to do with timelines.
The old lady was very credible and the DNA leaves no doubt he drove the truck and committed those murders.
The minute she stops feeding his ego, she could be his next victum.

Antionette   August 22nd, 2008 2:21 pm ET

Where did sean take acting lessons?He deserves an emmy award for his acting on the stand!! GUITEY ALL THAE WAY!!!!!

Jean   August 22nd, 2008 2:26 pm ET

I think the verdict will be in today.

David   August 22nd, 2008 2:27 pm ET

What's the best way of getting out of an unhappy marriage AND getting rid of your possessive boyfriend for good? Have your husband killed and point the finger at your boyfriend. Both problems solved...

Why can't anyone else but me see this? Fitzpatrick is innocent. Guilty of being in love with a married woman, but you can't choose who you fall in love with.

Dave
Herrin, IL

Terri Minko   August 22nd, 2008 2:31 pm ET

Gert has a lot to lose in her honest testomony she has to live in the same nieghborhood as the Zimmitis and Fitzpatrick.She is afriad of what the nieghbors will say.

Shannon   August 22nd, 2008 2:35 pm ET

I'm with you Andy! The EZ Passes can be removed and placed on another vehicle! Yes – I heard testimony that they found no FINGERPRINTS on the EZ Pass in the neighbors truck! They might have tested it for DNA also – I don't know???
I still think Fitzpatrick is being framed 'Big Time' by someone who knows how to play real dirty!!!
My thoughts and prayers are with the jury – there's no evidence, no motive, nothing connecting Fitzpatrick to the crime scene: they can't possibly convict him of this crime. It will surely make me sick if they do!

peg sunny, florida   August 22nd, 2008 2:35 pm ET

Sean was too sure...about details...
and had Gert's back up,
and thank goodness spoke with her - just the next day,
I think to solidify his much needed alibi,
but I'm only a Certified TV Detective.
His fantasy alibi, just like his fantasy love affair
with Michelle,
Reminds me of that movie "A Beautiful Mind."

Debbie Ghiringhelli   August 22nd, 2008 2:38 pm ET

Fiztpatrick is guilty. Kat–you bring up a great point. Where's the DNA in the truck? If he shot them at close range..........spatter would be all over him and in that truck. Are they positive the truck was used in the murder????

Brad   August 22nd, 2008 2:39 pm ET

He is innocent. Even if he put the shotgun to Zammittis head and pulled the trigger!! Why? There is no evidence!!

Burton Richards   August 22nd, 2008 2:40 pm ET

I just hope the jury was able to see his 'arrogance' and total disregaurd for the lis that were taken. IF you are not guilty you will still have emotion for the deceased and the entire circumstance you are in.

Dommie   August 22nd, 2008 2:41 pm ET

There is no possible way that Fitzpatrick could of did this come on now the prosectution is going based off coincidents and there is no way you can build a case off of that. The evidence you have is just a fingerprint, and a note that it. U have a suspect right in front of you. The wife makes me sick she dumb why would you have an affair with a man that your kids call uncle she is a dumb broad. But this case has upset me. If he is found Guilty then the law enforcement has nawt been doin there job then made a mistake come on now and the old lady she dnt know what the hell was going on. I say NOT GUILTY FROM 2 PEOPLE OVER HERE.

DENVER,CO

julie   August 22nd, 2008 2:48 pm ET

Someone with Fred Martin's Easy Pass killed the victims. Someone's DNA was PRIMARY on the steering wheel. Someone drove to Massachusetts to mail a threatening letter to the one of the victim's family. Someone can't remember where he got coffee in a sleepy bedroom community on the day, which was just like 9/11 to him.

Marianne From No. Cal.   August 22nd, 2008 2:49 pm ET

I noticed a clip of Fitzpatrick, saying, something to the effect, "Yada, Yada, Yada, this time I didn't listen to her, I always listen to her but this time I didn't listen," asked why? He said something like, "because it was the same old thing, how she didn't want to leave her husband". Well... this guy was obviously obsessed with her because he only blocks out what he doesn't want to hear. He was so stuck on her that he refused to except that she didn't want to continue the relationship. This, to me was a sign that this guy was capable of killing her husband out of jealously, he seems to me that he was and is unable to let the woman go. Most men would pay special attention to a woman who is no longer interested in a retionship, and is telling them point blank, I am not leaving my husband and to go away. But this guy closed his ears to those words because he is in denial., he refused to listen and refused to go away. He is sick.

linda trueblood lambert   August 22nd, 2008 2:54 pm ET

My guess: they will come back with a guilty verdict and probably this afternoon. Who wants this to continue through the weekend?

Kate   August 22nd, 2008 2:55 pm ET

Fitzpatrick is 110% guilty, proof is in the DNA evidence.

Lynne   August 22nd, 2008 3:00 pm ET

Hello...The standard for guilty is beyond a reasonable doubt. When you are sitting there hearing the evidence and saying "well I am not sure" then the prosecution has not proven it's case. Everything about this trial leaves doubt in you mind. It is really scary to see comments like "makes my skin crawl." I would not want that person on my jury if I was up for a murder charge. I am not sure whether Fitzpatrick is guilty and that is why the only fair verdict is Not Guilty.

Joe C   August 22nd, 2008 3:09 pm ET

Reality check! The truck didn't drive itself to Mass and back and commit the murders. I don't think a random unknown person would hit on this coincidence in a million years. Fitzpatrick drove it and committed the murders. AND He's not a good liar on the stand.

joan   August 22nd, 2008 3:14 pm ET

As far as I know it is stated the Mr. Z sr. is the executor of Mike Jr.'s estate so therefore I'm not sure Michelle Holds anything or even the deeds to the homes. As for dust on boots, no one can say where the truck was parked. I would say maybe sean could walk but , I cannot dismiss the fact of the e z pass even if you take all the other evidence away.

Marianne From No. Cal.   August 22nd, 2008 3:25 pm ET

Another thing I noticed, a subtle thing, in a clip where Gert is testifying, she explains how he said hello or good morning to her. If you watch her and the way she said it.. she says when she was out, she turns to her right, and says, " Oh.. good morning" to Fitzpatrick... she almost explains it as if she were surprised slightly that he talked to her.. as if maybe he never really goes out of his way in the past to talk to her. I get the feeling that was a deliberate act on his part to have her as part of his plan. As if he was thinking that she wouldn't know the time of day because she is elderly.. He planned that situation so that would help cover up what he did. And this guy keeps looking to his right, I read somewhere that most people that are lieing look to the right more often then the left. I know that is a stretch, but his whole attitude, I don't buy it at all.

Maine   August 22nd, 2008 3:28 pm ET

I dont one bit sorry for the wife, widow, cheater, slut.
She created this because she wasn't being treated good by her hard working husband? Give me a break!
I don't care how bad she felt she didn't need to have him KILLED!
Hope she feels better now that he's gone and she can live the great life she felt she was missing.
I'd hate to be in her shoes having to face those poor kids everyday, knowing it was HER FAULT their Daddy isn't around

Carol   August 22nd, 2008 3:30 pm ET

Yada Yada Yada NOT GUILTY!

Dots   August 22nd, 2008 3:32 pm ET

It woudl be really helpful if CNN put up a jury clock on this PAGE so we would at least know if the Jury reaches a verdict?? Why cover a case if you are going to stop any coverage of it at 3pm EST? We NEED a jury clock a WIDGET takes 3 minutes to put one up.
come on; get with the program, it's not like you dont have the tools.

SF Is as guilty as the day is long. He is the ONLY ONE who had Means Motive and Opportunity.

Lets hope this jury gets it right. The CE in this case is sound. Along with the rest of the evidence. Trace or not; this man did everything he could to try to erase his tracks. What a loser. Your Killer was on the Stand, and he blew it; squinty eyes and all.

Dots.............................

Jeanne   August 22nd, 2008 3:36 pm ET

Paul Taylor arranged for the burglaries and the murders. Think about it! I wrote in about this but my entry never got posted. There's ample evidence someone other than Sean did this and my guess is that it was an angry business associate, not a romantic chatterbox. Paul had motive, means, and opportunity. Career criminals perpetrated these crimes, not a poetry-writing handyman! Let him go!

jim roche   August 22nd, 2008 3:37 pm ET

Hung jury, The cross by the prosecuting attorney was, as my mother in law would say, " moo-schaud". (phonetic spelling)

Diane   August 22nd, 2008 3:41 pm ET

Tell the police to look in the concrete he said he poured for a project *the sidewalk) he stated he was working on! Maybe the weapon is in the sidewalk!!

john; vancouver, wa   August 22nd, 2008 3:44 pm ET

I have been hooked from 9-3 everyday for the past month. In this current charge, there is no ground(s) for a life sentence?! Evidence, evidence, evidence.... there is none. The man held his own on the stand, let him go.

John   August 22nd, 2008 3:47 pm ET

No gunshot residue, no blood, no evidence Fitzpatrick was ever there, NOT GUILTY!!!

sportychic   August 22nd, 2008 3:48 pm ET

INNOCENT. they have no proof he committed these murders. No DNA No nothing. They need to look further into the Zammitti's business dealings. How fortunate Zammitti Sr got a call that morning. Was that a setup? The prosecution has nothing. So what people have affairs every day. Just because he had an affair does not make him quilty.

lenny   August 22nd, 2008 3:49 pm ET

andy c & Kat both brought up the Ez pass issue. The Prosecution stated that whoever was driving the Martin truck was unaware that it had an EZ pass in it, and they went through the "pay" lane. The Prosecution stated that the EZ pass still sent the transaction signal that it was designed to do, but the toll taker cancelled the EZ pass transaction because cash had been paid. The transaction time was still recorded though, therefore the timeline.

Rita   August 22nd, 2008 3:53 pm ET

I can't wait for the verdict. I think he is guilty, guilty, guilty, but I don't know if the jury has enough to nail him. I just pray that they do.

sportychic   August 22nd, 2008 4:02 pm ET

INNOCENT. The Zammitti's owed money to the nephew which caused a law suit. How many other people did they screw out of money to piss them off enough to committ these murders. Zammitti Sr is hot headed ( like father like son) and probably has few friends.

Katherine   August 22nd, 2008 4:07 pm ET

Where is the update on the verdict. I find it hard to believe the jury has deliberated all day and not asked a single question. I am surprised that there are no notices at all.

And whomever mentioned the fact that Sean Fitzpatrick could have buried the weapon in the cement of his walkway – brilliant thought. Never would have thought of that.

I believe the possiblity is there that he commited this crime, but there weren't enough facts or evidence presented to prove that he is guilt beyond a resonable doubt. I think the jury is taking it's time as they want to do a thorough job to ensure their verdict is fair and just.

Rose   August 22nd, 2008 4:16 pm ET

I think that Michelle had something to do with the murder. Why say that she told Sean the only way to be together was if something were to happen to Michael.I think she was trying to make him look guilty so that no one would look at her. Also after this long of a time no one would look as pathetic as she does in court. It's all a show . Sean is innocent.

Abby   August 22nd, 2008 4:17 pm ET

Mr. Fitzpatrick has the emotional maturity of a 12 year old. Mrs Z is a bit twisted too. In the end the science will say it all. Both of these people got caught up in something that was morally wrong. Mrs Z couldn't tell him in so many words to get lost. What she did well was make this poor fool think that maybe, one day, they could be together but not right now. He was a bomb waiting to go off after February 16, 2006. She was out of the area and he was surrounded by 10 feet of snow with nothing to do. He wasn't going to take it any more and from there he coasted downhill to disaster. Mrs Zimmitti knew he was an explosive person and one who couldn't or wouldn't take "NO" for an answer. She owed it to her husband to set the record straight if she felt he was in danger. She may not be criminally responsible for her husband's death but she certainly is morally responsible for the outcome.

Monica   August 22nd, 2008 4:20 pm ET

They need to look @ the Zammitti family closer..follow the money
They need to look @ the wife closer after all she felt neglected and not loved and Sean seemed to give her what she needed and also her body language, everyone is all over Sean for being cocky, how bout her hanging her head,the look of guilt in her eyes? She wasn't happy with her marriage and She is the one who stepped out on her husband!!!
Why does the party she stepped out with get all the blame?

A neglected, unloved woman could have set this up and have a hunch she did, Sean may know of it, but I sure don't think he did it...No Evidence, No Sentence not to mention he already did 2 years just because they suspected him...bet he will run like hell from her if he gets out, she has problems a walking, talking contradiction? I hope they come back with INNOCENT!!!

JUST NOT ENOUGH EVIDENCE to PIN THIS ON HIM!!!

Elaine Abate   August 22nd, 2008 4:21 pm ET

It is my opinion that men feel a need to solve a woman's problems.
I don't think Michelle is totally without blame in the murder of her husband. She was repeatedly "doubled minded" reguarding her
marraige and made sure her lover knew it. She did not pull the trigger ,
but convinced him to bite the apple.

john; vancouver, wa   August 22nd, 2008 4:23 pm ET

There is no proof of who drove the vehicle and who broke into these homes. Residents who believe the defendant has violated their personal space would be inclined to go in favor with the prosecution, yet there is no evidence. A set up? Resonable doubt. Anyone who can put themselves in the defendants shoes would want the system to set them free.

Betty Rallon   August 22nd, 2008 4:31 pm ET

I hope that a verdict is reached this afternoon, and just let Sean go home or at least the one that he did have, now that it is burnt down.
Please look at all the business dealings the concrete business had in the past, we already know there were some hard feelings with other people and also the uncle has been out of the picture for a long time. Anybody think about talking to this man.
Someone is guilty but it surely isn't Sean.
Betty.,
Canada

Chris   August 22nd, 2008 4:32 pm ET

Right on Dots! Couldn't have said it any better!

Kelly   August 22nd, 2008 4:33 pm ET

I believe hes guilty , but they did not go beyond resonble doubt!

phyl   August 22nd, 2008 4:33 pm ET

Hey Andy-
why would someone steal Fred Martins easy pass and put it in their vehicle and then drive the crime scene route at those specific times, yet try to by-pass the easy pass by paying cash....your theory doesn't really make any sense, does it!

Jeanne   August 22nd, 2008 4:37 pm ET

C'mon everyone...think outside the box! Why the mantra that "the only person who could have done this is Sean"? There were other ties between NH and MA, between Sean and the Zammittis. They had friends and neighbors in common. This was done by professionals. That explains the lack of evidence.

–Logical that Sean's DNA was on the steering wheel and key since October when he helped Martin at the boat dock.
–Easy for professionals to burglarize homes and steal weapons, then use them in a murder and dispose of them.
–Logical Paul Taylor would have the people he paid to do this job divert attention away from business by having them steal a truck from the victim's wife's lover's neighborhood and drive it to and from the murders. Yes, the truck was used, but Sean wasn't driving it.
–The affair was icing. It was a perfect "motive" for the police to sink their teeth into.

Most murders that are prosecuted are crimes of passion where the killer never killed before. They leave clues. There's DNA, blood spatter, transfer evidence, foot or tire prints, surveillance video, witnesses. Here, there is none of that. Very rarely do professionals get caught. That's why there are so many unsolved murders out there, we never even hear about them. The ones we hear about are the ones where people get caught because they were sloppy and left enough evidence to bring a case. This prosecution has no real evidence here. They have circumstances that can be construed in many different ways. The affair gave them a motive. I believe Sean and Michele would be diddling right now if Michael was alive. Sean didn't want to marry Michele. He had her where he wanted her way before and up until her husband was murdered. She was calling him, stringing him along. He had no motive to kill Michael at all!

Bottom line: If there hadn't been an affair, who would the police have arrested?

dianne futrell   August 22nd, 2008 4:48 pm ET

I haven't heard anyone mention this yet....the DNA on the neighbor's car made me think that Sean was guilty. It seemed more reasonable that the person that most recently had driven the car would have more DNA on the steering wheel etc but then I thought back to what the DNA expert on the prosecution said, that "some people are natural shedders" of DNA (skin cells, I believe). So maybe Sean just naturally shed his DNA more than the owner of the car. I don't think that was ever really explored by the defense. I still believe that all the other facts add up to his guilt but this is one of the more difficult cases to decide. D

Holly   August 22nd, 2008 4:56 pm ET

First let me say, Michele Zamitti has quite the look on her face through out this trial...an almost mean look. The police DID NOT investigate all possibilities in this case. The Zamitti's own a business and I believe it was linked to that in some way. Sean Fitzpatrick was solid in his testimony, especially since the defendent does not need to take the stand to defend himself. There was NO physical evidence at the scene or at Sean's home. The time line is just too close, especially if you take into consideration that if Sean had done this, he would have to have disposed of the weapon somewhere along his ride back to N.H., get home and return the so called truck involved to exactly where it was before he left, the get to his house, maybe clean up and compose himself a bit, and be in his driveway just in time to see Gert????? Doesn't add up to me. NOT GUILTY!

formerlynj   August 22nd, 2008 4:56 pm ET

i agree that this site needs a jury clock.
as to fitzpatrick's guilt or innocence...the prosecution did not prove their case beyond reasonable doubt. yeah, sean seemed smug on the stand, but that doesn't equal to being guilty of the crime. also, just because there were too many coincidences that doesn't prove his guilt either.
too bad there wasn't any really good forensic evidence...that would have been much harder to be explained away. in my opinion, someone got away with murder.

formerlynj   August 22nd, 2008 5:02 pm ET

i also think michele hangs her head out of feeling terribly guilty that her children are being exposed to the airing of this dirty laundry in addition to having to deal with the loss of their father in such a tragic situation. they are the youngest "victims" in this whole mess.

Donna   August 22nd, 2008 5:07 pm ET

The cruelty of the letter that Fitzpatrick admits sending to the Zamittis is a window into his soul. Even IF you believe he was scared and paranoid and trying to get the police off his back, there are other stunts that this sensitive, gentle poet could have tried.
Imagine being the Zamittis at the time of that letter, they must have been horribly frightened.
He is an awful person and GUILTY.

karen leete   August 22nd, 2008 5:20 pm ET

Except for possible life in prison, everything seems so meaningless to this man. If he did these murders and I believe he did, he did it to to win over another mans wife. The fact that her husbands death didn't bring the outcome he had hoped for, now he acts like he was never obsessed with her to begin with! He also tried to use his neighbors daughter to prove he was done with his affair with Michelle Zammitti? This guy has no heart.

phil   August 22nd, 2008 5:23 pm ET

I would vote him guilty, But I want to know why the wife was not charged. At the very least she put the ball in motion.

Rita russ   August 22nd, 2008 5:27 pm ET

Enjoy the show. I thought the remark about Vice President Cheney was uncalled for. Made by Banfield, when she was referring to the shotgun converstion.

Lewis   August 22nd, 2008 5:36 pm ET

Hello?!?!?! All of you watching this real murder case must also watch some of the crime shows that are on TV these days. If one is determined to “get away with murder” using a shot gun that is known to cause a mess, don’t you think the first thing you do is cover up your person with some sort of wrapper that can be taken off, shoved in a bag and disposed of somewhere between the crime scene and your home. This was a premeditated, calculated event where Sean wanted it to look like, in his own words “a professional hit”, covering up so there is no blood evidence, footprints or DNA, sending the note to throw everyone off…..

As for the E-Z pass, the evidence shows he called rental car agencies one or two days before March 13th. Not having an unrecognized vehicle to drive, he stole the truck because he didn’t want his truck out of sight. He knew he would be a suspect BEFORE he did this and wanted the two or three neighbors who are year round residents to comment that they saw his truck in the driveway that morning so he must have been home. Obviously, he did not know there was an E-Z pass transponder in the truck or he would have taken it out before he left and then replaced it when he returned, thus no fingerprints on the transponder.

As for Michelle I think you are all being a bit harsh. She is a very needy, mixed up woman. Sean knew this and pursued her at a very low time in her life. He is a womanizing, self absorbed, narcissistic “slut” who saw an opportunity and jumped at it.

I hope in a very short time he is at Cedar Junction thinking “O2BME”.

sean   August 22nd, 2008 5:36 pm ET

think of this who else would wanna kill Zimmitti unles it was a killer that killed for fun, Sean Fitzpatrick's is GUILTY!and a disgrace to the name sean

Anne   August 22nd, 2008 5:39 pm ET

By reading through these emails its looks like a hung jury to me

Jack   August 22nd, 2008 5:43 pm ET

We know that Sean is not the brightest crayon in the box! But I think he is being used as a puppet in all of this. What woman takes, "Till death do we part" seriously? There is always DIVORCE! But Michelle does not say, "The only way we can be together is if my marriage does not work out." Maybe she wanted to work on her marriage, maybe hubby didn't! She didn't want to lose everything.
Would a guilty man say at the begining of the trial that he would take the stand, not knowing what evidence was going to be brought up? I don't think so!

Debbie Kidd   August 22nd, 2008 5:44 pm ET

I think the wife had something to do with the death of her husband. I do not find her believable, she can't look anyone in the eye and she is constantly in tears. I think that is because she knows she is sitting there and the man she supposedly loves is about to pay for loving her with his life. I think he is innocent!!

Stephanie   August 22nd, 2008 5:50 pm ET

how will we know when this verdict comes in. . . will they interrupt programming or will we just wait 'til it makes the news? I agree with an earlier post I read, I think there should be a "verdict clock" on this site to let us know when the verdict is in. Maybe there is one on here somewhere but I haven't seen it.

Snag~ Richard Hillagraves   August 22nd, 2008 6:04 pm ET

Did anyone see Sean shaking his head no, when the prosecutor was laying out what happened at the murder scene~? There was one spot where the way the body was moved by the perp, that Sean should not have been saking his head no~!
Only the perp would know. Oops...
The "Sucker" no pun intended, might not be as much to blame as Sean seems to portray. Lets get real here. No intercourse, What women in love and hates the way she's being treated, doesn't want sex~?
He's a good actor though~!
Snag~

Jane   August 22nd, 2008 6:06 pm ET

No blood in the truck, Father says "They killed my son"
Fizpatrick is not guilty

Tina J   August 22nd, 2008 6:08 pm ET

I'm sure they took the light to the inside of the trick,at that close range with a shot gun there would have been more blood and some sort of powder residue. in the truck .Michelle had a new boyfriend 9months later.hmmmm..Michelle had her home on the street I am sure she knew of Martins truck and with some help..hmmmmmmm He squinted when he spoke.I see he uses glasses, I squint when I dont wear mine.The relaxed demeanor appeared to be.Him being able to tell his side after all the finger pointing..not guilty

Skeeter   August 22nd, 2008 6:09 pm ET

I was ready to give him the benefit of the doubt until Mr. Bennett's closing. He did an excellent job of putting it all together, at least in my mind. Just too many things that point to Sean Fitzpatrick. I think he would love all of us to think he's a great guy. Maybe at one time, but he goofed this one up. He had too much time on his hands. "An idle mind is the devil's workshop."

Skeeter   August 22nd, 2008 6:15 pm ET

One more thing, why is he always getting involved with married or divorced women w/children? That's not a nice guy!!!!

Roslyn Bolton   August 22nd, 2008 6:18 pm ET

I feel that the wife is guilty, and planted the seed for Sean arrest.

moms   August 22nd, 2008 6:34 pm ET

Martin's truck is the key.........Noway anyone just took the vehicle drove it to the murder scene and returned it. Sean is SO GUILTY !!!!!!!

Jeannine   August 22nd, 2008 6:51 pm ET

I read all of these comments about reasonable doubt, and as much as that is Imoportant you still need to take YOUR COMMON SENSE In with you into the Jury Room!!!!! And In this case Common Sense wins, If you have Common Sense that is!!!

Zee   August 22nd, 2008 7:02 pm ET

Yes, he's guilty. He figures that this is his community – he would not leave. In his limited sphere of activity, which he is used to controlling, the husband had to be eliminated so that he could keep control of his situation with whomever and continue the carefree, happy-go-lucky,
iresponsible life he was accustomed to. After all, he had lived there many years, while most people only vacationed there. No reason for him to feel any responsibility for his actions. Also, the husband new about the affair – who knows what kind of encounter (with words) they might have had!

Raymond B   August 22nd, 2008 7:07 pm ET

I believe there is enough reasonable doubt, and I believe NOT GUILTY will be the verdict reached by the Jury.

Eloy   August 22nd, 2008 7:16 pm ET

Free Fitzy. He is a good man !!!

Chris   August 22nd, 2008 7:24 pm ET

Nobody noticed the neighbor's truck gone that morning. Nobody witnessed Sean Fitzpatrick at the murder scene. No physical evidence can even place him at the scene. He's dumb enough to send a letter with his DNA, he's dumb enough to leave his DNA on the steering wheel of the so called vehicle that brought him to MA, but he's smart enough to leave no evidence behind at the scene or pic? I think the wife needs to be looked at a little closer and maybe the victim's father as well because I think this murder case all the Commonwealth did was hammer a square peg into a round hole until it fit...

MAS   August 22nd, 2008 7:32 pm ET

I watched the trial and Mr. Fitzpatrick's testimony. He was cocky, arrogant and should never have testified. The evidence all points to him. What kind of person murders his lover's husband and then sends a threatening letter to the deceased man's mother? That alone shows how guilty he is. He is guilty of 2 cold blooded murders. My only regret is that MA. does not have the death penalty.

Sam   August 22nd, 2008 7:45 pm ET

I cannot believe all those who say he is not guilty. I guess they need a video of the crime to be convinced of his guilt. Try and explain all the circumstantial evidence presented. The truck was his neigbours, it was driven back and forth from the crime scene during the timeframe of the crime, his DNA was found in the truck, on & on & on. He was lucky no blood or other evidence was found, that does not make him not guilty. Our justice system has become somewhat of a joke. Remember the blood & footprint evidence left by the not guilty O. J. Simpson. What good did that do?

Olen   August 22nd, 2008 7:48 pm ET

I can not find Michael Guilty. They say he was in the truck with DNA proof. They found DNA on the steering wheel and keys but if he drove the truck as they said then he should have DNA on the gear shift. Explain that. He is innocent.

Roxane   August 22nd, 2008 8:20 pm ET

If I were on the jury I would have to vote not guilty. No DNA anywhere. The concrete business has been known to have mafia connections. The father was supposed to be there before the others. Although Sean Fitzpatrick smiles on the stand alot, I am guilty too of laughing when I am nervous. I think that he will be found guilty because I don't feel that the founders of the law would understand how difficult it would be for the presumption of innocence up against the state.

Edye   August 22nd, 2008 8:22 pm ET

I have been watching this from the beginning. I want to say, I am glad I am not making the decision. I have read some of the post. Throughout this whole trial..I have thought to myself ...the wife has something to do with this ..some how, some way... I can honestly seeing this going both ways. I kinda think he is guilty, but "reasonable doubt" that is hard.

I could NEVER live with myself if I were her. I think she knew he was weak and put a bug in his ear...Maybe????

I hope there will be an answer on Monday, but if not..I can understand.

Kitty   August 22nd, 2008 8:23 pm ET

I think Fitzpatrick is innocent. There is no evidence to show that he did it. Im like the others, I think they should be looking at the wife.
What did she have to gain from the murder ? Everything!!!!!!

Jane   August 22nd, 2008 8:29 pm ET

The only plausabe piece of evidence they have is the letter. IMO, if he was guilty, he wouldnt have admitted to making it. I'm not 100% convinced he did it, but I'm also not 100% convinced he didnt do it. Reasonable doubt. Verdict must be not guilty.

G   August 22nd, 2008 8:34 pm ET

Does anyone know what time Gert went on her computer to play card games after coming home from her walk? I ask because, according to Gert's testimony, she left her house at 10:00 a.m. to walk a mile - a walk which took her "15-16 minutes." There is no way that Gert, at age 73, could walk a mile in 15-16 minutes. On the stand, she appeared to be very frail. I believe that if her route is actually one mile, it would take her at least 25-30 minutes to walk.

Ronald   August 22nd, 2008 8:44 pm ET

why would Sean Fitzpatrick go after Mike Zamitti almost a year after the affair ended. if it was him who was really desparete he would have done it sooner!!!!

***"if he is guilty and the jury says inocent or even hung jury its all the states fault for providing insufficien evidence against him." ****

charges should be droped for the lack of physical eveidence against Fitzpatrick!!!!!!

LINDA   August 22nd, 2008 9:03 pm ET

I would vote not guilty.

cheryl   August 22nd, 2008 9:03 pm ET

Doubt, doubt,doubt, just way to much in this case. If they convict this guy after letting OJ off I am done!!

The part that has me puzzled is what was behind the tape recording of their telephone conversation and why was it so cool? If Sean did do this I would say they are in it together in some way and it was all planned out by the two of them.

Pam   August 22nd, 2008 9:17 pm ET

I have been watching the whole trial. I've been obsessed. I acually know Michelle never liked her from day 1. But I really don't think she had anything to do with it. Although she's a great actress! I don't think it was Sean either. I think it may have been a set up. OR it was someone after Mr. Zammitti Sr. I think Michael Jr. was in the wrong place at the wrong time. Nop enough evidence. I will be very surprised if the jury says he's guilty. Now we have to wait til Monday. We shall see. Alot of people may be shocked!

LTJ   August 22nd, 2008 9:17 pm ET

something is still "not adding up"-there is major reasonable doubt i can not understand why would he wait a year to commit murder,why not do it right away-he is not guilty-a piece of the puzzle is missing

tina wina   August 22nd, 2008 10:11 pm ET

Here is where I stand: not enough evidence . . . surmise and conjecture do not trump the "presumption of innocence."

Give me less circumstantial evidence that only gaping holes of reasonable doubt that the defense exposed.

I am not saying I believe that he is innocent, but rather if more demonstrable or physical evidence were adduced by the prosecution to EXPLAIN FULLY the aspects of reasonable doubt raised by the defense, then II would convict.

What I did not buy was the prosecution's final argument. At this time, I expected to walk away with the sense that they did their job, but I did not get the sense that they met their burden of proof thereby overcoming the presumption of innocence . . . A fingerprint (primary: so what?), a note (so what?), an affair? (again, so what?) . . . . The defense had the necessary counter-arguments . . . the defendant's credibility was not unassailable, however, under cross . . .

And I need more than a "car "going through tolls . . . a "car" going through surveillance video . . . a witness or two's impeachable recollection of events . . . Botto line: key pieces of the whole puzzle were never found or explained away sufficiently by the prosecution. Sure there was problems for the defense . . .

The prosecution did not meet their burden of proof in my opinion. I heard all the evidence, of course. And I have my doubts about whether the defendant did not commit the murders, but I believe it was the lack of "hard" evidence that ties the whole story together "seamlessly" that justifies an acquittal. The attorney for the defese made the difference in my opinion b/c he drilled the holes the prosecution left open b/c of lack of real physical or quantum of demonstable evidence deep enough to hit "reasonable doubt."

SO? He walks!

DANIEL   August 22nd, 2008 10:16 pm ET

Of course he is gunna be afraid and do stupid things making himself look guilty. Put yourself in his shoes what if you were in love with someone and you moved away then found out u are a suspect to a murder you didn't commit. You are gunna be very scared and nervous and may react like he did. He didn't lie about anything. A close shot gun blass at close rage would have left too much evidence in this case. So with this clearly he is not guilty because there is not enough evidence. Everyone is just feeling bad for the victoms family and are blaming the wrong guy.

Jan   August 22nd, 2008 10:26 pm ET

Wow, this is a hard case. Part of me thinks he is guilty, too many coincidences but I do not think there is enough evidence to convict. Totally reasonable doubt. I don't understand why the defense didn't use the words of Mr. Z , Sr. when he first discovered the murders and him repeating...They got him, they, they, they.....
As far as Michelle....I would love to have a husband who works to give me all the good things in life....but I also understand how frustrating it could be to not have her husband and the kids Dad around to enjoy his hard work.
Monday should be a verdict but not sure which way it will go...possibly hung!!

Mo from Missouri   August 22nd, 2008 10:40 pm ET

I do not believe the prosecution has carried its burden because the quantum of proof is "beyond a reasonable doubt" in criminal cases. Not sure what the State of Mass. instructions will be from the Judge, but generally the evidence must establish the truth of the fact to a reasonable and moral certainty. If a lesser standard would have been used, i.e. in a civil case: "clear and convincing proof" or "preponderance of evidence", (i.e. more likely than not/feeling of probability). It would be a slam dunk for conviction.

Rob   August 22nd, 2008 10:46 pm ET

Let's say it is bright and sunny and you enter a building early one morning. Later in the afternoon when you exit the building say 6 hours later you notice that the sidewalks are wet however; it's still sunny. The question one could ask is whether or not it rained or did the sprinklers cause the sidewalks to be wet. If you can not answer that question you have reasonable doubt. The same is true for Sean Fitzpatrick and the jury will have to acquit.

Ann   August 22nd, 2008 11:03 pm ET

Watching Michelles testimony again made me sick. She is a nasty person. Not only did her children lose their father because of her selfishness, but they are left with a despicable person for a mother. Everyone makes mistakes, however her mistakes have cost her children their fathers life. Shame on her for lying on the stand. God Bless Michaels mother, she really seems to be holding it all together.

Millicent   August 22nd, 2008 11:11 pm ET

I'm perplexed. Who made the call to Mr. Z? Did Mr. Z in his grief by mistake destroy any evidence? Are any cameras on the road where the truck was driven? Sean F is tipical of a lonely man with no life of his own, willingly satisified with attention from a woman. Could this make him a killer, I don't know. A troubled woman can use this type of man and by waving her troubles in his face. He could have thought of himself as a savior for her. He seems to be satisified and settled for conversation and very little else. Attention to him in this a murder case does not seem to trouble him. This is not usual but this is not a usual situation. If stoodge Sean F is found guilty (reasonable doubt would not allow me to make that judgement) Michele should also be charged as a contributing factor .

Tom lasko   August 22nd, 2008 11:43 pm ET

Way too many things that happened around Fitzpatrick lead directly to him. Plus the way he testified- so cocky just like that guy Peterson who killed his wife and unborn child. Fitzpatrick is guilty without a doubt

Stacey Steele   August 23rd, 2008 12:04 am ET

I believe the "grieving" widow planted the idea of murder in Fitzpatrick's mind--and even though the Prosecution didn't have a mountain of evidence, they certainly presented enough to convince me of his guilt.

Nancy   August 23rd, 2008 12:08 am ET

I think Michelle has something to do with her husband's murder.

Guess she never heard the word "DIVORCE", that's what normal couples think of getting when you no longer want to stay in a marriage. Why would she say "unless something happens to Michael ? That says a whole lot, if you know what I mean.

She probably married for MONEY not LOVE. And if she does not believe in divorce, they could have continued to be married but living separately for the children's sake. There are a whole bunch of answers to their failing marriage.

She got what she wanted – rid of her husband and lover. Now she's got it all and can start looking for a boyfriend.

If Sean Fitzpatrick is guilty , she should go down with him. He fell into her trap and probably did the dirty work for her.

john rizzuto   August 23rd, 2008 12:22 am ET

fitzpatrick is a slime the jury better find him guilty or their is something very wrong here

uncertain   August 23rd, 2008 12:22 am ET

I've have watched this case and cannot understand how anyone could think Michele Zammiti who cheated on her husband is being completely honest and is trustworthyl. Each witness for the prosecution seemed well rehearsed. Also, Michele Z. seemed very manipulative and a master game player with Fitzpatrick. She seemed to work at stringing him along. She is not a great catch, she seems very dressed down for the trial but I get the impression she did everything she could to entice Fitzpatrick.. The evidence is very weak and does not lend to a conviction beyond a reasonable doubt. Fitzpatrick does not lack for female companionship and based on testimony for those who know him doesn't seem part of his personality. The Zammiti family may have many enemies. Was their life insurance money due to Michele? Who else would profit by his death or the fathers death. I don't think any of this was explored enough.

john.rizzuto   August 23rd, 2008 12:24 am ET

he has the motive dna evidence clinched it for me

uncertain   August 23rd, 2008 12:27 am ET

What investigation was done on Michele and who she knew? She could have set up Fitzpatrick. She had everything to gain and Fitzpatrick who obviously had commitment issues had nothing but her to gain. He was not going to benefit financially at all. He seems like a very easy mark for a crime like this.

sharon smith   August 23rd, 2008 12:35 am ET

I cannot believe how homely that women he killed for is. I am no great beauty–but her face w/stop a clock/ Just saying. I do believe she should be held responsible also.

Loretta   August 23rd, 2008 12:43 am ET

Reasonable doubt? There is loads of reasonable doubt. This man,Sean Fitzpatrick, is being made a scape goat. The minute I watched Michael, Sr. on the stand I felt that Sean was an innocent man. All the witnesses were neighbors of the Zammitti's and probably are scared to death for their own lives if they don't point the finger at Sean. The daughter-in-law, Michele, probably now is dependent on Papa Zammitti for support because apparently he is a very controlling person. His son most likely didn't own a thing. Papa controlled everything. His own sister and nephew had to sue him. Then he threatened them. I don't doubt that this man, Michael, Sr., has a lot of enemies. Michael, Jr., might have been killed out of retaliation, or someone was after Michael, Sr. but made a mistake.

steven golden   August 23rd, 2008 3:08 am ET

After watching the entire trial there is no doubt in my mind that Sean is a malignant narcissist and he brutally murdered 2 men. DNA in the truck , the path of the truck, the letter he wrote, his desire to have mike's family life, his attempts to make liars out of Fred and Gert, leave no doubt of his GUILT.

Monica   August 23rd, 2008 3:40 am ET

Sean is so NOT GUILTY. Michele had no problem setting him up....come on let's side with the prosecution so to get off of being charged herself. The guy wasn't there? Was he actually seen in the truck? Getting out of the truck and walking up to Michael Zammitti and Chester and shooting them? NO. Come on people. So he had an affair that doesn't mean he killed two people......I think the police and the prosecution have done a horrible job.....GO OUT AND FIND THE REAL KILLER AND LEAVE FITZPATRICK ALONE....

Pam   August 23rd, 2008 7:55 am ET

How can someone drive a truck and they find dna on a steering wheel and keys but no evidence on door handle, gear shifter or any other thing.
I agree that Michelle had some thing to do with the murder.. I think Sean is being framed..And has anyone thought about the neighbors truck going thru those tolls may have went somewhere else in Mass. other than to murder someone I mean shopping or something else. I mean just cause the truck went that way doesn't mean it went to murder people.. Only 3 ppl know who did this the 2 murder victims and the killer or 4 including Michelle..
Usually its all about if the defendant doesn't testify means they have something to hide but Sean testified and he is guilty too.. One those catch 22 things right... Well I hope the jury sees the truth and the holes in the states case too many loop holes not addressed and not looked into and I agree why wasn't Michelle a defendant??

Well everyone have a great and safe Weekend...

Lynne   August 23rd, 2008 9:54 am ET

I agree with Merri – it's his ego and unfounded arrogance. This guy is a piece of work and, if under different circumstances, would be entertaining to watch as he dances around issues. He talks too much. Bad liars always add too much detail and attempt to cloud the issues. I believe the prosecutor deliberately let him meander through his answers to prove his point – the guy is a liar, a murderer and an egomaniac. He's as guilty as homemade sin!

MEGAN   August 23rd, 2008 10:28 am ET

not guilty I think the wife had a lot to do with it. Why has she not been more closely looked at.

k bailey   August 23rd, 2008 10:38 am ET

I haven't seen a case with so much reasonable doubt in a long time. They can't place him at the scene, in the truck and they don't have the gun. I thought he did well on the stand, a little cocky at first but not the personality of a killer. Compare him to Rabbi Nuelander on the stand...that's a guilty man

Gloria   August 23rd, 2008 11:24 am ET

If nothing else....there would have to be at least a few grains of
gun powder in that truck. The blow back from 3 shotgun blasts had to
leave this on shoes, pantslegs and arms. No way can there not be
any of this transfered to the inside of this truck.

Scenario: A hired killer is driven to the concrete plant in the Martin truck....killer gets out ....Martin truck leaves the plant as killer does the
deed and then speeds away in the white panel truck that was seen
leaving the scene quickly........???

Donna   August 23rd, 2008 12:02 pm ET

My husband had been watching more than me, and he says that there is not enough evidence and he hopes that Fitzpatrick is set free. After watching what little bit of the trial that I have, I was shocked at what I was seeing. Maybe it is not Fitzpatrick, maybe it was Mrs. Zammitti that committed the murders, or maybe, and I mean no offense to anyone, someone was after Roberts and Zammitti was in the way, or vice versa. Either way it leaves reasonable doubt. Also regarding Fitzpatrick's phone, I have my ringer set on it's highest setting and still miss calls with it being in my pocket, and I often write notes and poetry down on scraps of paper that I keep for months sometimes years. That does not mean I am a potential murderer or crazy. Personally, I feel that he did it, but I feel that there is too much reasonable doubt based on not enough substantial evidence.

SuperT   August 23rd, 2008 12:02 pm ET

I am not convinced that Sean did this crime, even though his hint of DNA was in the neighbors truck. (That doesn't mean that he committed the crime) NO BLOOD SPATTER WAS FOUND ON SHAWN, OR IN TRUCK THAT THEY BELIEVE WAS USED IN THE KILLINGS. When the father said he was there shortly after the crime, means he could be the killer himself. (Calling 911 to cover his tracks) The father is the one that needs anger management! The father moved the body when he said he hugged his dead son. (Scene was not staged, unless the father was the killer. ( If the father is not the killer, than probably the people linked to the call Mr. Zammitti Sr. received that morning.)

The affair happened because of an unloved woman & a lonely man. People fall in & out of love everyday.

INNOCENT!!!!

Laura   August 23rd, 2008 12:27 pm ET

I truly feel for the jury right now. I believe the prosecution put on a very good case and they have proved that Fitzpatrick is guilty. What a smug man, when he took the stand he all but said I am guilty but I think I am going to walk free. I also want to comment on the other victim here Chester Roberts, I watch in session every morning and I did not here much about him, he was murdered here too. I pray for his family.

Emilie   August 23rd, 2008 12:38 pm ET

As a true follower of your show, I have to admit that this one has me baffled. I am so wondering if Michele Zammitti has something to do with this double murder. She certainly could have masterminded the whole thing and Sean could have been a very gullible partner in crime. Can't wait for the verdict!!!

JEWEL BOYER   August 23rd, 2008 12:48 pm ET

THE EYE'S ARE THE WINDOWS TO THE SOUL. I DON'T SEE HOW ANYONE COULD SEE HIM TALK AND BELIEVE HIM . HE'S IS GUILTY!!!

Paula   August 23rd, 2008 12:56 pm ET

What makes Fitzpatrick the only one with motive? Michelle had far more motive than anyone, except maybe the father. The DA needs to go back and listen closely to Michelle and Michael Zammitti Sr. testimonies. Also, it sounds like to me that Fitzpatrick's visits with Michelle were few and far between. It was more of a telephone romance. I feel that Fitzpatrick is innocent. No evidence. May God be the judge and jury.

Paula   August 23rd, 2008 1:13 pm ET

Gert still lives in the neighborhood, Sean doesn't. She has to say what her neighbors want her to say.

Paula   August 23rd, 2008 1:27 pm ET

In my state, a young man was charged with the murder of his girlfriend because of circumstantial evidence. He went to trial and was aquitted, but his reputation has been ruined. He has been denied a positive future because the public found him guilty.

Yesterday, according to the local news, the police arrested the real killer.

These cases are not investigated deep enough. They find one person to focus on and ignore other obvious suspects, like Michelle Zammitti.

Sally   August 23rd, 2008 1:30 pm ET

I can't believe Sean Fitzpatrick wrote that letter to the poor Zammitti Family after losing their Son...how cruel!!!!
I think he's guilty as sin!!!! I pray for the Zammitti Family and Chester Roberts, they get their conviction.
There is something dark about Sean Fitzpatrick, and how did he sit up on that stand and begin to smile, and laugh and carry on like he was at a sporting event....the guy shot Michael Jr. and Chester.
He's a creep and Christine, Michele had a choice....she had the option to say no to cheating on her husband and she had the option to say yes....she chose the wrong way to go and got two very innocent people killed!!!! sorry but it's true, Pat Zammitti is a very good person to be able to sit next to her in court, I couldn't do it!!!!
I hope the jurors see through Sean's lies....I think Gert Ducharme was an excellent witness for the prosecution and good for her...
I'm sorry I feel very badly for Mike Zammitti, Sr. and Pat Zammitti losing their only Son very sad....I do not believe it was anything to do with business that got Mike Jr. and Chester killed.
I am convinced it was Sean Fitzpatrick.

k.e   August 23rd, 2008 4:52 pm ET

NOT GUILTY! ..they should leave him alone.. and and go and find the real killer..

vinnie   August 23rd, 2008 5:29 pm ET

This will be the type of case that can test our constitution.It appears to many that he did the crime, but when you look simply at the evidence they can't link him to the truck on the day in question and they can't link the truck to the crime.Emotionally, I feel he is guilty but I see the evidence as lacking so I would have to vote not guilty.

Many of us see Michele in a bad light for what she did, but I also feel that a part of her was being a victim. You see I don't believe Fitzpatrick was interested in her, he was interested in having the family that he never had.I feel she was just the tool he plan to use in order to obtain his goal.This angle could not be brought out by the procecution because it made Fitspatricks testimony about sending the letter credible in wishing to fall back in grace with the family.

melvin   August 23rd, 2008 6:29 pm ET

GUILTY, I watched the complete trail & have no doubt about his guilt. Here in the South he's known as a BS artist. Loved his performance on the stand. Hope he does well in prison BSing the other prisoners.

unbelievable!   August 23rd, 2008 6:30 pm ET

Rest assured that all or most all marriages have their problems. You never know what goes on behind closed doors in a marriage! Looks like this......Wife was friendly w/ Sean being neighbors in NH. Michael working all the time and never around. Sean comforts Michelle as a friend. The rest is history. Sean pressures Michelle to leave husband. Michelle says no, basically......and says only if something happened to Michael would she EVER leave on her own accord. This is a common reaction I would think.......that a spouse will not purposefully abandon a marriage and kids unless,...... etc. Now Sean gets ticked cuz Michele is turning him away and he goes nuts, having a motive to remove Michael from the picture. There are too many clues NOT to believe that Sean did do this. Couldn't they have checked tire treads on the dirt ground near the concrete company? IF Sean gets off, they better watch him cuz he'd be apt to kill whomever Michelle dates/marries next! Very sad story..........

Everett Moore   August 23rd, 2008 7:29 pm ET

This trial was riveting and so are the comments posted here! It seems that most find guilt or innocence by their “gut” feel. They overlook the fact that the accused MUST be judged on the evidence presented, and that evidence must prove, BEYOND all reasonable doubt, that he is guilty.

The prosecution failed to conclusively place Fitzpatrick in Martin’s truck; They failed to even place the truck in Massachusetts - Note that all the toll booths are in New Hampshire! ! ! The truck was never proven to be at the crime scene - neither was Fitzpatrick. Nothing from the crime scene was found in Martin’s truck.

What time this - what time that!! For crying out loud, who can divide their life into 5 minute segments and remember, two years later, where they bought a cup of coffee, waved at someone, etc.

The real guilt lies with an incompetent police investigation and an over- zealous prosecutor who could not resist focusing on a juicy love triangle and forsake everything else.

Like everyone else, I anxiously await the verdict.

Everett

Debbie   August 23rd, 2008 9:39 pm ET

I agree with "Unbelievable." Sean is guilty for sure! Hang in there Michele.......you're only human........who'd have thought someone that you knew could be so violent and revengeful!

Fran Ruggles   August 24th, 2008 2:32 am ET

I have no doubt in my mind that they have the correct murderer. I am also certain that he had many lonely nights with cabin fever building up. He spent those nights planning and calculating his every move. In his fantasy, he imagined that he would get away with it – just as most killers believe. My guess is that he even made a trial run for timing, etc. I am guessing that the plan to sell his home was because if he did get away with it, he could not face his neighbors each day knowing what he had done. Also, he would be in a different area with his new FAMILY. Yes, the evidence is not clear cut...but if it walks like a duck and quacks like a duck....

Julie   August 24th, 2008 7:28 am ET

What about Michael Zammitti's cousin? Doesn't he seem a bit suspicious to anyone besides me? His demeanor on the stand ran chills down my spine. After hearing that he was involved in a lawsuit against Michael Zammitti Sr. and that Zammitti Sr. threatened to bulldoze his mother's house totally introduced reasonable doubt in my mind.

Jean   August 24th, 2008 8:19 am ET

I hope we get a verdict Monday but I to go out on Tuesday and Wednesday mornings. I heard when the jury has a verdict it will be read in court in 10 mintues. I would vote GUILTY

Debbie   August 24th, 2008 11:45 am ET

I have watched this trial from start to finish. I have a feeling he is guilty but not beyond a reasonable doubt. I can not believe that 12 people would find him guilty!!!!!! IFTHEY DID WE HAVE A PROBLEM WITH OUR JUSTICE SYSTEM!!!

Jen   August 24th, 2008 1:15 pm ET

I thought he was smug and arrogant on the stand. And way too sure of himself. Couldn't give a straight answer to save his soul. GUILTY !!

rhode island   August 24th, 2008 2:09 pm ET

This man is guilt! I can't understand how people can say there is doult. The easypass, the letter Sean wrote, Grut, and the finger print.
The man is guilty! Michelle Z. does not look like she is very mature and playing with a full deck of cards but, I do not think she took a part in this.

sarah Sauvageot   August 24th, 2008 2:47 pm ET

how can an 80something old woman walk 1 mile in 15 minutes ? Impossible !
I think he was home and he is being framed by his ex lover. Someone else did this and I think Michelle is behind it some way.
To me he came across as a matter of fact guy who is innocent.
But I think he will probably take it on the chin and be found guilty. He should not have sent that note !

sarah Sauvageot   August 24th, 2008 2:52 pm ET

Michelle is behind this whole thing in some way, she JUST remembered she told Sean the only way they could be together was IF something happened to Michael ? BULL.....
And how could that sweet little old 80 something lady next door walk a mile in 15 minutes ??? Impossible ...
I do think he's innocent , but I also think he will be screwed by our justice system !
Why didn't they ask Michelle on the stand if she still loved Sean " Why didn't they ask him if her still loved her ? Seems strange to me.

Joyce   August 24th, 2008 5:04 pm ET

He is in a horrible position. They have not proved to me that Mr. Fitzpatrick is guilty. The evidence is not there, no smoking gun. Too bad he got hooked up with a wife that did not get enough attention from her husband. I know the feeling, play a guy along for some excitement in your life. Good for her but horrible for Sean. Mr. Zammatti looks like he has a lot of enemies, he is a hot head and working with him would be all about him. I could see him making quite a few business enemies. Maybe the shooting was meant for him. I hope the jury does not have the hang him attitute. If I were on the jury I would need something more than what I have seen.

Moke   August 24th, 2008 6:27 pm ET

I think that someone FRAMED sean fitzpatrick...
they said the affair was no secret. He couldve easily been framed.
I dont think he was the murderer. I dont think Michelle had anything to do with it either. I dont like how people are judging michelle because they were not in her shoes!
I think she feels very sad and ashamed..
I do not think she had her husband killed

Georgina   August 24th, 2008 7:38 pm ET

I am 99% pro prosecution, but in this case I would have to vote not guilty. I believe that he may done something, but the wife's actions, phone calls and attitude are suspicious

Denise   August 24th, 2008 9:41 pm ET

I believe that he is guilty but there is too much reasonable doubt to convict

Lydia Mohr   August 24th, 2008 11:16 pm ET

Mccain and his people better be careful in criticizing Obama and how he
got his home, has he forgotten that he was one of the Keating Five who
swindled millions of dollars that left alot of people without their life savings, some seniors died penny less because of this. McCain says
he's proud of his father-in-law and his wife Cindy, and how greatful he is
for the lifestyle he has, personally I can't see how he sleeps at night know
ing he was one of the top players in this whole thing. I guess being a war
hero can get you pardoned with just having bad judgment. Oh speaking of bad judgment , isn't that what he's accusing Obama of. Lydia Mohr
Phoenix, Arizona

Rosalinda Dossie   August 25th, 2008 6:12 am ET

In this day and age of such a high divorce rate, I dont understand how people can concive the notion it was just an affair. I truly belive most married women who are neglected wind up doing exactly what michelle did. Or they surely think about it espeacially when there is someone who is around to give you compliments that remind you that you are not ugly or unwanted by the someone who finds you atracttive. most women who are of her age group should be sympathetic to her circumstances instead of calling her a slut and ugly. as far as mr fitzpatrick based on all of the evidence thus far I would have to find him not guilty. sorry to burst the bubbles of those who are casting stones, but I feel in my gut she was honest on the stand. what i find hard to belive is that with the divorce rate so high, may i add for less reasons than a workaholic husband women seem to be the ones who are the least understanding. there are to many ways to explain all the dna evidence away. as far as the letter if you were being followed and questioned in a way that you knew you were the prime suspect maybe you would want the focus off of you too. Fear is a very powerful motivator. how could he plan things so well then forget not to do the simplest thing NOT LICK THE STAMP! Im sure hes smart enough to know there are other ways to wet an envelope, sponge ect. I would find him not guilty.

PK   August 25th, 2008 9:31 am ET

Wasn't there testimony that DNA can be transferred? Couldn't Mr. Martin have transferred Fitzpatrick's DNA to the key from the steering wheel or the boat?

What if Fitzpatrick was in Martin's home at another time and accidently touched the key? Can DNA be picked up from a cough or a sneeze?

Paula

show   August 25th, 2008 9:35 am ET

when does the jury meet again?

Mary Mullins   August 25th, 2008 9:41 am ET

Fitxpatrick's insistence that he was in Fred Martin's truck , reminds me of the classic narcissist who thinks that anything he claims to be true, will be believed by everyone else.
Fred Martin is an elderly man so Fitzpatrick assumes that the jury will think it likely that he is "confused" or "forgetfull" simply because of his age...boy am I mad!!!

MM-N.Y.

Debbie Meadows   August 25th, 2008 9:45 am ET

I would ask Mr. Fitzpatrick if mitchel was all that he is going through now ?

RON GORDON BRIGHTS GROVE ONTARIO CANADA   August 25th, 2008 9:57 am ET

IF FITZPATRICK BROKE INTO FRED MARTINS HOME TO OBTAIN THE TRUCK KEYS WAS THERE ANY EVIDENCE OF A BREAK AND ENTER. AND DID THE POLICE CHECK FRED MARTINS HOME FOR FITZPATRICKS DNA. AND DID THE POLICE CANVAS HARDWARE STORES TO SEE IF FITZPATRICK HAD ANY KEYS MADE. DID THE POLICE TEST FITZPATRICKS CLOTHING FOR GUN POWDER RESIDUE.DID FITZPATRICK HAVE ANY EXPERIENCE WITH FIRE ARMS . THANK FOR A GREAT PROGRAM . RON GORDON . BRIGHTS GROVE ONTARIO CANADA.

Ronald   August 25th, 2008 10:07 am ET

innocent. The wife should be on trial she loved him more than he was with her.What women take her kids around another man if she didn't have deep feelings for him?Also she was faking when she was on stand crying.No academy award for her.........................

cgibbs   August 25th, 2008 10:09 am ET

If Sean Fitzpatrick is so well liked, where is his own personal family support during this trial? Does he have a family, or do they doubt his innocence and not want to be there for him?

peg   August 25th, 2008 10:11 am ET

ask one last question? I would ask :

in regard to your testimony in this case, have your answered all questions truthfully and honestly as to the facts and questions as presented even though discrepencies have been noted due to testimony of others.

Heather   August 25th, 2008 10:17 am ET

I think he is guilty and doesn't care about anyone but himself.

What sick person would send that letter to greiving parents/friends?
He is not to be trusted and I do believe Michelle had something to do with it.
Sean knew the trouble he was in by the phone call to his best friend right after the news 3/13/06. Already stating his whereabouts without being asked?
I hope he goes down for taking the father of these little kids!

Kim   August 25th, 2008 10:17 am ET

1st he did it, but Michelle also needs to be on trail, I bet after he is found guilty, she is be arrested within 24hours, he will rat her out, her idea. His parents will boot her to the curb!!! Also poor Chester Roberts, please at least mention his name!!!

Kaitlyn   August 25th, 2008 10:17 am ET

Although I don't think that the prosecution proved his guilt, there is so many circumstances that afford Fitzpatrick the worst luck? The fact that he happened to have that day off of work to do housework is just an awful alibi...what are the chances he takes the day off of work to only be blamed for a double murder!

Diane   August 25th, 2008 10:18 am ET

One question about the DNA in the truck No DNA on the gear shift which he would have to use to put in drive, park or reverse and what about the button to put the window up and down. He is said to have paid at the tolls, wouldn't there be a fingerprint or DNA on the button.

Sandra Hess   August 25th, 2008 10:27 am ET

Who had the motive?Who else drove the truck? Who else had the opportunity to burglarize nearby homes? Who left fingerprints in the truck? Who happened to me outside for Gert to see? Who had an affair with Gert's daughter? Who begged Michelle to leave her husband? Last but not least, who sent that nasty letter to the parents after going thru great lengths to hide fingerprints, saliva and handwriting? Nasty, nasty, nasty!

Guilty - guilty - guilty!!

Dana McAuley   August 25th, 2008 10:27 am ET

I believe that the confrontation between Sean and Michael on the ice did not go as well as Sean indicated. I think it is a good possibility that Michael gave Sean an ultimatum that day to stay away from Michele.

Genaro   August 25th, 2008 10:35 am ET

Does anybody knows if she`s getting any money for a life insuranse

Arlene   August 25th, 2008 10:37 am ET

Sean said someone would of noticed if he had taken the truck because everyone knew who lived there. Later he said It was off season which means most of the residents were not there. He could of easily taken the truck and returned it.
So he is lying.

Shannon   August 25th, 2008 10:39 am ET

After a little research – archived news from the Ossipee Lake Alliance – When Sean's house was burned down the last time in February 2007 – it was declared arson and traces of an incendiary device (bomb) was found that sparked the blaze. Now – you can't blame Sean for this – he was in jail. Also, that the arson was connected to the murders & several real estate transactions & moving property between individual Zammitti family members & several family trusts (I was able to verify the real estate transfers with MA Registry of Deeds but could not with NH Carroll County because they are not on line). Also, the Zammitti's placed a $2.5M attachment IN 2006 on all Sean's property (real estate, money, accounts, cars, etc.).
Allot has happened up in that NH community with all thoses neighbors – including someone bombing Seans house last year.
There is no evidence in this case against Sean Fitzpatrick & his life is ruined anyway. The thing that bothers me about Sean's elderly neighbors changing their testimony over the last 2 years is – Do you think they are afraid of what the Zammitti's may do to them if things don't go their way???
Also – there was too much going on and too many people involved with Michael Zammitti Jr. himself – that have nothing to do with Sean Fitzpatrick or even Michele Zammitti for that matter.
I believe you need to look beyond this trial for the murderer/s – there's so much that would not be allowed to be brought up during the trial.

Trish   August 25th, 2008 10:46 am ET

I think that he is not guilty because there is too much unknowns. Where was the bloody clothes that Sean had on the day of the shooting. Where was the blood in the truck.
They found 1 finger print of Seans 1, and the lady that lives next door told the cops she saw Sean at 9:30 and then got on the stand and say something different. The cops only went after Sean because of the past fling with Michele, but Her husbands father, the way I see it, was the person that the shooter was after. This was a message to him. Michele said on the stand that she told Sean, the only way they can be together, is if something happen to her husband. And look it did. I think before they blamed 1 person, they should have checked every one and thing, maybe Sean wouldn't be a trial today if they done there jobs right. As for the EZ pass, they have a truck but they don't have Sean behind the wheel.

Carol   August 25th, 2008 11:08 am ET

I don't believe Sean Fitzpatrick is guilty, they need to look at Mr Zammitti & Michael jr's wife, she does not look like a greaving widow to me, the Zammitti's made a lot of enemies while they were in the concrete business. Some of them had motives.

Patricia Armstrong   August 25th, 2008 11:11 am ET

I agree with Leon Copeland.

Jen   August 25th, 2008 1:13 pm ET

I too can't wait for the vertick. Fitzpatrick was framed.... not one person has anything to gain but Michele .. I have watched this from the start. He is NOT GULITY....( NOT ENOUGHT EVIDANCE ) lOOK AT WHO WOULD PROFIT THE MOST...................NOT HIM I THINK HE HAS BEEN FRAMED.....
JEN

Judie   August 25th, 2008 2:22 pm ET

Beyond a Reasonable Doubt is use your common sense!!!!

Judie   August 25th, 2008 2:35 pm ET

Wouldn't one wipe down the steering wheel, keys, car doors etc. if you did commit a crime and did not want to leave your DNA or your finger prints on the suspected crime vehicle. I belive all of the evidence put together is a sure bet this man did kill two people, there is not doubt in my mind he is – GUILTY GUILTY AND GUILTY OF THE TWO MURDERS AND LIES AND COVER UPS!!!!!

Ruby Kimbro   August 25th, 2008 2:57 pm ET

I have know a lot of Police Officers over the years, and have a great respect for their abilities. I would like to know the truth of the conversation between Sean and Michael on March 11, before he was murder on March 13. I do not believe Sean's testmony. I believe the police got the right person. I vote guilty.

vinnie   August 25th, 2008 3:53 pm ET

Since the prosecution can not prove that Sean was in Mass. on the day of the murder, the verdict can't be guily it can only be hung or a outright aquittal. Sean wil sleep well tonight without a verdict reached today

Peggi   August 25th, 2008 5:40 pm ET

I would like to know how he could con a Post Office clerk to write his envelope. This person should be easy to find with her DNA on the envelope.

Jamie Straub   August 25th, 2008 6:41 pm ET

Two things the prosecutor should have highlighted.
1) Sean said on the stand that he couldn't have taken the truck without the neighbors seeing him. It would stand out. Well, someone DID take the truck and the neighbors didn't notice.
2) Seans lawyer made a point that Michelle never told anyone until the last minute before trial that she had said to Sean, "We will never be together unless something happens etc etc". Why didn't the prosecutor ask her why she had with held the info? I'm sure she was in love with Sean and it hadn't dawned on her that her comment would become evidence. She came forward with it after she started seeing the evidence of his guilt.
Sean lied about everything until he was caught with dna, fingerprints, etc. He has only admitted guilt when it's proven. He is guilty of these murders.

debbie   August 25th, 2008 7:21 pm ET

In reply to some postings....: Sean could have arranged to have his home burned to get rid of evidence! I think Sean's neighbors AND the Zammittis are afraid of Sean....if he gets off, what will he do next? AND the wife DID grieve when it all happened. She is probably numb at this point. As far as DNA, ya think he could have worn gloves part of the time? Weren't Sean's fingerprints on the truck steering wheel, and the owner said he'd never knowingly allowed Sean to use his truck? Let's not nit-pick.....how many identical trucks are in that area within minutes of the shootings? AND the truck was proven to be on the highways north and south at appropriate times....and he'd threateded the family via letter w/ DNA on that. What more do we need to believe there IS NO shadow of a doubt here that he's GUILTY GUILTY GUILTY???????????????????????????????

debbie   August 25th, 2008 7:25 pm ET

I think Sean has threatened his neighbors to testify in his behalf or else! Would you cross him????

Sandra Halbleib   August 25th, 2008 9:25 pm ET

Sean Fitzpatrick is a arrogant liar. Michelle will get $'s from the death of her husband....home....cottage....part of the business.....and any other investments her and Michael made. Sean is a loser. Works 3 days a week and he's only 47. A lazy shark out for $'s from a weak woman. She will have it all and Sean will be there to hold his hand out. He thought he wasn't getting his way with Michelle...soooo.....get rid of her husband. Please, please don't let him go free.

Betty in NH   August 26th, 2008 12:11 pm ET

What time did Gert see Fitzpatrick 's truck in his driveway?

She said she saw it when she got up the morning of the 13th.

Did anyone ask her what time she wakes up?

harold from indiana   August 26th, 2008 12:43 pm ET

i dont understand what is wrong with the jury.common sense would tell them that nobody seen fitzpatrick leave the editon in martans truck or come back .or see him in the truck at the toll booth.to me they dont have no proof that he did anything.

Reen   August 26th, 2008 1:16 pm ET

I had my doubts that Sean F was guilty until he took the stand. It really really bothered me when he was asked about the other woman he was seeing and before he answered the question, he kind of hummed like doo doo doo doo, like he didn't have a care in the world. He didn't come across as a man who is on trial for a double murder. He came across as cocky and pompous. If he was really not guilty, he'd be so angry that he has been in jail for 2 yrs, instead of coming across like he got caught stealing a pack of gum. He just bothers me. The wife bothers me too. There's something off about both of them.

vinnie   August 26th, 2008 10:31 pm ET

maybe sf was pompous and cocky because he knew he could not be convicted without evidence that places him at the crime scene when the crime took place.. SF played the pros like a fiddle by not being tied down to any particular side on any question. You got to hand it to him he did a great job on the stand.

john.rizzuto   August 26th, 2008 11:58 pm ET

once again a travesty of justice has occured shame on the jurors.point..michele tells him the only way we can be together is if something happens to my husbanb.low and behold he is found shotgunned to death...point two he writes a terrible letter saying more members in the family will die...point three DNA evidence...point four his fingerprints are found inside the truck.....point whatever the jury should be embarrassed for having given fitzpatrick a mistrial..........ps thats why we need men like DON CORLEONE....

Sue Willis   August 29th, 2008 1:50 pm ET

Is the Fitzpatrick court over did the jurors reach a verdict???? Today is August 29th

Joanne   September 4th, 2008 5:48 pm ET

I am back working. I just want to know if Sean Fitzpatrick was found guilty? Please let me know. I followed the trial all summer.

Jean   February 20th, 2009 5:26 pm ET

Sean Firtpatrick was found GUILTY in the retrial in Feb 2009. The first trial should have been GUILTY also.

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