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August 25, 2008

Jurors go back to work in Fitzpatrick case

Posted: 11:35 AM ET

WOBURN, Massachusetts - The four men and eight women considering the fate of Sean Fitzpatrick have resumed their deliberations today. Fitzpatrick is charged with the double murder of his ex-lover’s husband and the husband’s employee.

They spent their first full day of deliberations Friday and left for the weekend without arriving at a decision. But the defendant may have some reason to be hopeful. That's because it appears that at least some of the jurors are struggling with the question of whether or not the Commonwealth of Massachusetts was able to prove its case beyond a reasonable doubt. On Friday afternoon, jurors sent out the following request: “The jury would like to receive a legal definition of the term ‘reasonable doubt.'”

As a result, after consulting with the attorneys, Judge Kathe Tuttman summoned the jurors and alternates into the courtroom to recharge them in the concept of reasonable doubt, reading from the instructions the jurors had originally heard the previous afternoon. “A charge is proved beyond a reasonable doubt if you have in your minds after the evaluation of all the evidence an abiding conviction to a moral certainty that the charge is true . . . I remind you as well that you must consider all my instructions as a whole.” With that, the jurors returned to their deliberations. Roughly one hour later, they were released for the day.

Overall, jurors deliberated for 2 hours on Thursday and 7 hours on Friday. Also, there is one less alternate juror. At the end of the day Friday, one of the three alternate jurors was permanently excused for personal reasons. There are now two remaining alternates: one male, one female.

-In Session staff

Filed under: Trials


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Jeanne Daniels   August 25th, 2008 11:55 am ET

It is very simple to see why this man killed. Sean said it himself during his testimony . He didn't listen to her when she tried to end the affair because it was the same thing over and over; she couldn't leave her husband. Sean couldn't convince her to leave her husband for good, so he finally took things into his own hands.

Klaatu   August 25th, 2008 12:10 pm ET

I dont think they proved anything and he testified very well..the prosecutor was rude, inappropriate and loud when he cross examined fitzpatrick...as a legal asst that tells me that the prosecutor
knew he didnt have the goods and that is why he was trying to rattle the defendant... It didnt work

Jean   August 25th, 2008 12:24 pm ET

Today: Not Guilty even tho he is because they are struggling with the reasonable doubt issue.

JT   August 25th, 2008 12:24 pm ET

Fitzpatrick admits to spending a lot of time in the woods. I will bet the murder weapon, bloody clothes etc are in the woods and well hidden. He’s a shifty scary character and is guilty without a doubt.

While Michele may not have been directly involved in the murders she is ultimately to blame for her husband’s death and the death of Chester Roberts.

sherry fultz   August 25th, 2008 12:25 pm ET

how do i see it live on my pc

Misti , Texas   August 25th, 2008 12:54 pm ET

I believe Sean is NOT GUILTY based on the lack of hard evidence from the prosecution.!

The police took the easy way out its as if they said "ah ha, affair, that's the reason" and ran with it.
Michael SR. Gave the police a "list" of people he suspected. The police NEVER looked into it! They only spoke TO Michale SR. One time and that was they day of the murder!

They never followed all leads for the case. They just settled! Don't Chester Roberts and Michael Jr. Deserve the "right" killer to be put away?!

Why hasn't Michelle been charged? I believe she knows more than she is telling! She called Sean more than 30 times in one day! She didn't want that TO end. She just convinently stopped calling him a few days before the murders?! Come on! She is GUILTY!

Michelle should feel responsible even if it was someone that killed them because of a business issue. Michelle should still feel like it is her fault!

Why wasn't Mr. Andreson DNA found n the truck or on the keys if he was supposed TO start the truck often?!

There is not any evidence pointing to Sean, he is an outsider to the people in the community and they are all working against him to get him convicted while the real killer is still out walking around!

I pray for the families on all sides in this. It is a tragedy but the police and prosecution have not done their job to convince beyond a reasonable doubt that he is guilty!

Please find him NOT GUILTY and go look at Michelle and Michael Sr.!

William H.   August 25th, 2008 12:54 pm ET

G U I L T Y !!!!!!!!!!!!!

linda conti   August 25th, 2008 12:58 pm ET

This is a very interesting trail, watch you every day. Not clear on the truck that was taken to commit this crime.It seems like it was parked in the same place for half of the year when owner was in Florida. Did anyone not notice it missing for one day and back the next? The accussed would have to take it befor sunlight and back after dark. Also in a drive that long he would have to stop for food, gas or wharever. To many happenings point to him as the killer.

William H.   August 25th, 2008 1:03 pm ET

He demonstrated insufferable arrogance while on the stand – knowing full well he did it and practically daring the DA to prove it.

Linda Watson   August 25th, 2008 1:04 pm ET

IN SESSION:

Hey Lisa, This case is so weird. I am usually pro-prosecution, but these circumstances just don't convince me withou a doubt!!!

After listening to the victims father, I think that he got totally pissed at his son over some financial/business concern and blew hime away and a witness, too. He did not ring true, especially the deatais ..."I kissed him, etc." How fake is that. He looks like an angry man.

Linda

rhonda   August 25th, 2008 1:12 pm ET

I don't feel that there has been enough evidence to point the finger at Sean as guilty. Has anyone ever considered that Michelle set Sean up to take the rap. Maybe she had someone else do the deed and with her words made Sean look guilty. Maybe this someone might be a man that she was having the real affair with and no one knows of is. .So my thoughts on this is, he is innocent.

Traci   August 25th, 2008 1:24 pm ET

The state in no way shape or form proved their case. It's possible and probable that Sean did it, but that's not enough to send a man to jail. If this jury uses the law and not emotion they will have to find him not guilty.The state really needed to prove that the neighbors truck was in fact the truck in the parking lot of the crime scene and they didn't prove that. Linking Sean to the truck and the truck to an easy pass toll is compelling, but without evidence that it was the truck at the scene they are missing a huge piece to prove the case. There's no evidence in this case, just a lot of conjecture, and speculation and I hope it takes more than that to put a man away for life in our country.

Jen   August 25th, 2008 1:37 pm ET

I HAVE WATCHED THIS FROM THE BEGINNING. THEY DO NOT HAVE ENOUG EVIDENCE TO FIND HIM GUILTY ESPECIALLY BEYOND A REASONABLE DOUBT ...MICHELLE SHOULD FEEL SOME FAULT AT THIS POINT .(AFTER ALL SHE STANDS TO GET IT ALL )........NOT GUILTY JEN

Nick   August 25th, 2008 1:37 pm ET

NOT GUILTY. I am usually pro-defendant, though, so don't go by me. I have a very high threshold only because I have sat at the defendant's table before, accused of something I did not do. I was found NOT GUILTY, but it took eight days of deliberation at my bench trial by the judge before he returned the verdict so I know what it is like, in a way, to be Sean Fitzpatrick although mine was a misdemeanor charge-Not a felony so I can't say that for a certainty. Big difference in jail time when talking misdemeanor to felony.

Rob ,Delaware   August 25th, 2008 1:43 pm ET

Trials like this and comments prove that having a "unanimous" vote is and has always been so ridiculous. All trials should have a "majority" rule..
As for his guilt, I think without a doubt he is guilty. The term "reasonable" does apply in this case. If it took a video with the man holding the gun over his victim to convict murderers, our prisons would be empty, murders roaming rampant and everyone with any problem with someone would be considering it as an option..
Innocent people don't lie, hide evidence, and intentionally mislead investigators. When coming to a verdict that should always come into play too as well any other evidence presented..

MISTY   August 25th, 2008 1:52 pm ET

It sounds to me like Michelle is a very unhappy person no matter the price. Whether this man is guilty or not, i am still not sure. I know there are people out there that know how to pull a Rico Suave act and can make anyone believe. I do know that Michelle and Sean will have to reap for their sins on judgement day.

Barbara keyes   August 25th, 2008 1:55 pm ET

Gert,did it for me.I feel there is a discrepancy as to what time old Gert actually saw Sean,also there is too much reasonable doubt and not enough preponderance of evidence for me to find Sean guilty.

Nick   August 25th, 2008 2:00 pm ET

One thing everyone has to remember is that Sean Fitzpatrick testified at his trial and testified well for being in jeopardy of his life. Guilty or Not Guilty, a defendant usually has a tough time testifying because of the seriousness of the punishment should he be convicted. I mean, from my perspective, he must either be a good liar, good under pressure, or he did not do it.

In fact, at my misdemeanor trial wherein I was acquitted, I DID NOT take the stand in my own defense and I was innocent so that shows to me that there is a good likelihood that Sean, too, is NOT GUILTY.

Jas saying "GUILTY" are going with their heart   August 25th, 2008 2:01 pm ET

All the people saying "GUILTY" are going with their heart or gut. EVIDENCE, people, THAT is the only thing used to decide guilt. And there simply isnt any true, hard evidence in this case. Sorry, but Sean should walk.

Frederick H. Bellman   August 25th, 2008 2:02 pm ET

After everything is said and done so far, I am not sure that I would vote
guilty. I don't believe the prosecition has prove its case. I addition with the Jury still in session, I believe tells me that they are having problems coming up with a agreement on the part of all members.

Jean   August 25th, 2008 2:05 pm ET

This is troublesome: WHAT is taking so long? I am thinking if they were still struggling with the reasonable doubt and after they were given the definition again on Friday that would have resolved whatever differences they were having so I am curious about what the hold up is?????

james   August 25th, 2008 2:06 pm ET

Once again the prosecuting atty. is doing his damnedest to make a case, not solve one.It truly baffles me when I see the prosecution acting as though they really care about the victim, all the while having no concern about anyone other than themselves and their 15 mins. of fame.We really do need to re-vamp the "justice" system.Sad but true.

marie   August 25th, 2008 2:07 pm ET

an innocent man does not write a threatening letter to the distraught parents of a murder victim because the police were annoying him.

and for the last time, the police did interrogate michele and michael sr for countless hours. they had nothing to do with it.

Nick   August 25th, 2008 2:09 pm ET

Prosecutors hate jurors like me (jurors who have been acquitted of offenses) because they know that the system has wronged them once so they can have pathos for the defendant. That's the reason that you usually won't find a juror who has been acquitted of an offense sitting on a jury.

I would love to sit on a jury, but I never have. Defense lawyers love jurors like me, but Prosecutors hate them. Prosecutors want emotional jurors who feel sympathy for the victims and want someone to blame. Defense lawyers want people who believe in proof beyond a reasonable doubt. They usually come to some kind of middle ground and that is the jury that Sean Fitzpatrick has before him.

Nick   August 25th, 2008 2:12 pm ET

I am going to leave on this note for the day:

I think, when this trial ends, it will be a hung jury, 8-4 in favor of GUILTY.

Lin   August 25th, 2008 2:20 pm ET

oh yea he is guilty and so is michelle how can the husbands mom stand by her

BJ   August 25th, 2008 2:26 pm ET

I just hope when I go over the edge and fall in love/lust with a married woman, kill everyone in sight and make the cover up such a joke !
I just hope all you not guilty people are on my jury panel. I can sleep well tonight. If he gets off , just remember the next trail will be Mike Sr. for the death of Sean Fitzpatrick . Murder is real , and it's easy to see Sean is the only one telling the truth.

Audrey   August 25th, 2008 2:33 pm ET

I think Sean is innocent but will admit the note he sent was pretty stupid. I think Michelle did it.....or had it done. She can't seem to look anyone in the eye whether it's when she's on the stand or Sean Fitzpatrick is.
Did the police just stop with Sean and not take a good hard look at her?

odis brown   August 25th, 2008 2:38 pm ET

Maybe all you commentators and so called lawyers answer this question. DNA was found on the sterring wheel of the truck, if fitzpatrick was driving that truck why isnt there finger prints or DNA on the door handles inside and outside of the truck and how did he put the truck into gear with out leaving some kind of DNA or finger print on it. also i just saw on your station how he continuously persude her when the fact is it was viceversa. i think the media is doing alot of speculation on the air to confuse the true facts. just answer the question please because your on trail now!!!!!!

Alyson Parker   August 25th, 2008 2:46 pm ET

I think 100% Sean killed the two victims. He came off guilty when he testified. He talked like a non-caring arrogant person. I think all the witnesses had no reason to lie. The truck owner would know for sure if Sean had helped him when his truck was stuck. The neighbor knows exactly when she saw Sean on the day of the murders. He was confused on times and places when it was convenient for him. However, on things he thought would help him he was precise.
Sean is a very sick man. Alyson

linda   August 25th, 2008 2:51 pm ET

COME ON!! WHAT ABOUT THE DNA?? AND HE HAS A SHAKEY ALIBI

HE IS A "MY WAY OR THE HIGHWAY" KIND OF GUY

HE IS GUILTY!!! AND HE REALLY LIKES HIMSELF!

Psychic Chipmunk   August 25th, 2008 2:56 pm ET

Perhaps the murder weapon is buried across the street at the old airstrip.

Debbie   August 25th, 2008 2:56 pm ET

I can't stand having to re watch that fake widow Michele, however, it proves to me even more how pathetic and self absorbed she is with herself. I think the police really needs to look in to her more.
How will she ever be in peace with what she did?? NEVER!!!
I hope he's set free TODAY and runs as fast as he can away from her!!

Richard   August 25th, 2008 3:04 pm ET

no evidence? you have to be a dope not to put it all togeather , this guys a real jerk im confident there will be a guilty verdit ..no later than tuesday

Kathy T.   August 25th, 2008 3:05 pm ET

Sean Fitzpatric is not guilty, the only reason he comes across arragant is because he is scared to death, i would be too if i was being accused of murder, come on ,you can't expect him to act normal. LOOK at michelle zamitti crying and acting like she is so upset about all this, when she has already hooked up with her new guy, only 9mths after her husband was murder

Alexis   August 25th, 2008 3:05 pm ET

Sean Fitzpatrick is not guilty of murder because of lacked of evidences. The horror way the killings occur is not a lover gone bad, It that someone had a real hate for Mr. Zimmitti jr. to do that. Michelle Zimmitti is guilty of something, when she testify couldn't see straight at the Defense or Prosecution. She kept on calling on Mr. Fitzpatrick after she called it off. So my vedict is not guilty. Prosecution should look into more details before they put someone on trial for murder.

robin bressler   August 25th, 2008 3:17 pm ET

I think Fitzpatrick is guilty. I also disagree with everyone who thinks he testified well. He tried to explain too much, going on and on instead of really answering the questions. He seemed to overly enjoy talking about the times he spent with Michele and her kids. It almost seemed longinly to me. I believe whatever was said between Mike Zammetti on the ice a couple of days before the murders sparked the defendant to really begin to plan to do away with who he believed to be the inferior father and husband. I don;t think the jury will be hung. They'll connect the dots and come back guilty.

Linda Hellerich   August 25th, 2008 3:21 pm ET

The State did not prove their case against Sean. There are too many unanswered questions and questions that were not asked. I found him to be a scared and frightened man on the stand. Not smug and arrognant as some think. The jury should certainly find him NOT GUILTY.
How could anyone kill with a shot gun at close range and not leave evidence or take evidence of a crime away on your person..No way did this man commit this crime.

illinois   August 25th, 2008 3:23 pm ET

I agree that the state did not prove that he did it. I agree with the majority of the posts-how could he get the truck in and then back and no one see? Especially be back around 9-9:30 to see a neighbor. I think that the connections with tthe Michael Sr. family are sketchy--anyone could have put this evidence in the picture to frame him and the cousin who sued them was so questionable - they didn't even ask him his whereabouts until this trial?? hmm.
Too much doubt – don't wish this job on anyone. Thanks,

Gloria   August 25th, 2008 3:25 pm ET

I have a theory....there had to be blowback on three shotgun shells
but not anything in the truck. The Martin truck could have picked up the killer, dropped he or she off and took off back to the Martin yard while the killer did the deed, sped off in another direction in the white panel truck seen leaving quickly. Ran the truck along with the shotgun in a lake and left in their car stashed close by.

mphw   August 25th, 2008 3:36 pm ET

He is guilty and it has been proven beyond a REASONABLE doubt. That's the instruction – not to an absolute certainty. That's the definition of how reasonable doubt is applied. The prosecution DOES NOT have to prove it to an absolute certainty. If prosecutors were held to that standard, many guilty people would go free. The misinformed people spouting off about not proving his guilt don't understand some basic precepts of the law. I worry that people like this are on the jury now. This is why I believe juries should be trained in this country - we should use only professionally trained juries who understand complex evidence such as DNA. The reason his DNA (sweat) was on the steering wheel and the key and not on the door could be because he held on to the steering wheel but only briefly touched the door to open it. Or maybe he was able to wipe off the door and not the steering wheel because the steering wheel had a grip. Who knows? The fact is, his DNA was on there as the primary contributor. If you would have listened to the prosecutor's excellent summation, you would know what I'm talking about. Many people want to believe some complex conspiracy involving Michelle - what a laugh. She doesn't strike me as bright enough to conspire anything - let alone two murders. She was taken in - she's a fool and very pathetic but certainly didn't want this horrible end - depriving her children of their father. The comments on this blog - the misspellings, the poor grammar, the faulty logic - they are pretty depressing!

Judy   August 25th, 2008 3:38 pm ET

I really believe Sean is GUILTY. He had a motive and their is
enough evidence in my opionion to find him Guilty. He came across on the witness stand as a non caring and Very arrogant person!
He must be pretty smart and sneaky to have wrote that letter to the victims family as he did and have the postmaster address it. Who would do such a thing if they were'nt guilty. Also when they were discussing things on "in session" they mentioned that his "ex" girlfriend had filed a restraining order on him, but could not be used in court. Why would she have a resraining order on him. I think he's guilty, but seems like most jurors have trouble with the same thing,
"evidence beyond a reasonable doubt" . Key word is Reasonable.
I think it will be a hung jury.

ernest from palm springs   August 25th, 2008 3:41 pm ET

what I find interesting is that some people completely disregard the testimonies of the various witnesses and chose to think they were all either lying or confused, whereas they chose to think that the defendant was telling the truth. in other words, the only person telling the truth was the defendant...I guess there is no reasonable doubt in their minds!!

Ryan   August 25th, 2008 3:42 pm ET

Hung Jury

Nick   August 25th, 2008 3:48 pm ET

You'd be surprised. Innocent people can be the most stupid (regarding the letter). They can also do the most in incriminating themselves. In my case, I incriminated myself, even though I was found NOT GUILTY, the reason it probably took so long was because of my stupid, but very incriminating comments along with my extreme arrogance. Once I figured out that I was not helping myself, I invoked my right to remain silent and lawyered up.

Kat   August 25th, 2008 3:48 pm ET

There is no evidence connecting Sean Fiitzpatrick with this crime. Anyone who analyzes the state's case could just as feasibly put the gun in the hands of several members of the Zambitti family. Did anyone else see the testimony where Sr. threatened to bulldoze his sister's house? Or the construction business infighting and lawsuits? Their behavior probably earned them no shortage of enemies. This country's legal system is about prooving a defendents guilty, not assuming it.

Melanie   August 25th, 2008 3:54 pm ET

He has to be guilty . . who else has motive? Who else would gain
from the murder?

Ford_F-150_MAN   August 25th, 2008 3:57 pm ET

if it is a hung jury he defendant should get a bench trial for the next time.
there is no judge that would convict with this evidence.
i suspect that his wife could have used a "HITMAN" who was intelligent enough to set him up for murder.
maybe the hit man smeared his DNA on the wheel and then drove the F-150.
Heck if i was to commit murder driving a F-150 the dam truck would probably break down.
THE MURDER, WHOM EVER IT IS, HAS A LOT OF FAITH IN FORD...

Nick   August 25th, 2008 4:00 pm ET

Look at all of our infighting on this message board. It's obvious that we are hung so I presume that the jury for Sean Fitzpatrick will also be hung-but you never know. I have seen trials that have been hung three times. First time, 11-1 in favor of GUILTY, second, 10-2 in favor of NOT GUILTY, and finally, 12-0 in favor of GUILTY. It is the luck of the draw really as reasonable doubt is by no way an objective maxim.

Nick   August 25th, 2008 4:11 pm ET

The defendant would be convicted if he were to elect a bench trial. That's just stupid to think he'd be acquitted because this judge can acquit him at any time she wants. If this jury should end hung, she can then acquit him. If this jury should convict him, she can throw out the GUILTY verdict and acquit him. The fact is, it's very rare to see this, but if she believed in her heart that he was 100 percent innocent, she would have acquitted him already.

Nick   August 25th, 2008 4:14 pm ET

I think O.J. did it! He had the motive-Michele Zammitti reminded him of his ex-wife, Nicole. He wanted Nicole back so he had to get rid of the husband and her paramour, Chester Roberts.

Kathy   August 25th, 2008 4:14 pm ET

I think he is guilty but have the strong feeling that the jury will come back hung with the votes leaning toward guilty, just like Nick said.

Tom   August 25th, 2008 4:21 pm ET

If there was blood on him or the gun they should have found blood in the truck he was supposed to have driven. Also we should always remember that it would be better for a guilty man to go free than for an innocent man to spend his life in jail. That is why "reasonable doubt means not guilty.

linda   August 25th, 2008 4:24 pm ET

totally agree with "mphw " he/she says it ALL!!!!

Tom   August 25th, 2008 4:27 pm ET

I had an uncle who spent ten years in jail for a murder that was later confessed to by the wife. She used his knife on purpose. People must remember that a smart killer will try and throw the scent off his trail.

mary steinc   August 25th, 2008 5:10 pm ET

I don't beilve sean is juilty. because he did want to move and she keep calling him that was proven ,I all so think the should of found more then what they had . He left finger prints on the mail that he sent but thats all , I cant belive he would do something so stupid as that and yet covered up ever thing else so easy. i dont think he killed them and i think the police were stupid as not to look at some body they were looking at him because he had an afair with his wife. If his family was so concerned they should of told ther son about what was going on. ithink sean sent that letter because he was scared because they had him guilty before it ever went to court shame on the police department.

Diane Smith   August 25th, 2008 5:37 pm ET

Michele Zammitti is a real pathetic piece of work. I can't believe Sean Fitzpatrick would kill two people with a shotgun over her. What was she thinking? Those men were made of india rubber? Her children are made of india rubber? We're all made of india rubber? She really messed up everyone's lives and now we are supposed to believe she's innocent, put Sean Fitzpatrick away for life, and everyone bounce back so she can get on with whoever she picks next. I say, Beware of her!

canada   August 25th, 2008 5:57 pm ET

this man is not guilty!!!! someone in the family will be the one to be found guilty "someday" ! . he isnt arrogant, he's nervous, heck wouldn't you be if u were sitting there trying to explain ur innocence to the world? i think so! i think he is confident in some aspects because he knows he didn't do these murders. he is probably hoping the jury will see that he is trying to recollect the events as to when he seen gert, when he woke up, etc. and i don't believe for a second that there is not even one speck of blood or GSR on or near any of his belongings. geez...OJ cut his finger and they still found 3 spots of blood that he even tried to clean up. don't believe its him and i do believe the wife has some role in this double homocide.
INNOCENT

Lori   August 25th, 2008 6:02 pm ET

I'd like to know if Michelle was EVER looked at as a suspect in these murders? She's the one that said her and Sean would never be unless something happened to her husband. I think her tears are tears of guilt! Someone please tell me if she was ever looked at as a suspect?

vinnie   August 25th, 2008 6:16 pm ET

I can't believe all the people who feel he is guilty especially when the State could not even place SF in Mass, never mind at the crime scene. I am just wondering if he is safer in jail while awaiting a retrial.The previous poster was correct he should request a bench trial and I am fairly confdent of a dismissal especially if his attorney begins talking about his constitutional rights being violated.

Shannon   August 25th, 2008 6:38 pm ET

I believe the judge can only read the jury the Rodriguez Charge one time or it can be considered coercion.
I am also praying that the jury sticks to their beliefs and the rules & proper procedures in this case! Deadlocked! No evidence against this man. He has been framed by someone. He's innocent, his life has been ruined, and he has already spent 2 years in jail for a crime he didn't commit!
But for the grace of God – there go any one of us! Think about that!

Maine   August 25th, 2008 6:47 pm ET

I want them to look into Michele next!! She had something to do with killing her husband.
:Oh, I felt alone" Oh, I felt mistreated" Oh, I wasn't being loved"
DAMN IT WOMAN.... THE GUY HAD TO WORK TO PAY FOR YOUR THINGS!!!
I hope the next guy isn't as stupid! And from what I hear there will be many poor souls if she can get them.
I feel for those kids and I'm sure that the ONLY reason Mike's parents have anything at all to do with her. I bet she makes them ill.

Joyce Jones   August 25th, 2008 6:52 pm ET

GUILTY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Jamie   August 25th, 2008 6:57 pm ET

Michelle is only guilty of being classless. Consider this: You have two sons and the older one has the bigger bedroom. It would not be unreasonable to tell the younger son he couldn't have the bigger bedroom until his brother vacated it. You wouldn't be guilty of telling your son to KILL his older brother would you?

tom w   August 25th, 2008 7:20 pm ET

with the amount of blood at the scene, you'd expect there to be at least a drop in the truck. there was no blood, nogunshot residue, no other physical evidense. i'm not totally sure that he is not guilty, but, i could never give a guilty verdict without any kind of physical evidense. they want you to believe that this guy is stupid enough to leave his palm print on the envelope, but, at the same time he is smart enough to not leave anything at the crime scene, or in the truck. nothing was found from the crime scene, or any of the breakins at his house either. how could anyone ever consider a guilty verdict?

Nina   August 25th, 2008 7:21 pm ET

I believe there is "NOT ENOUGH EVIDENCE to convict Sean and agree with Linda's and Jas' comments.

phil   August 25th, 2008 7:35 pm ET

oj trial, phil spector retrial, fitz retrial, going to be a busy fall

Jay   August 25th, 2008 7:55 pm ET

I totally agree with Misti......Michele's testimony was as phony as a 2 dollar bill....She is hiding something. A month after her husband was murdered she took her kids to Disney World in Florida (her excuse was she went to see her mother) . There is a picture of her, if you've been following this trial, of her and her three kids at disney world smiling and laughing. 9 months after her husband was murdered, she had a "new " boyfriend move in with her. As for Michael Sr, he threatened his own sister saying he would destroy her house and bull-doze her car is his nephew didn't drop the law-suit against him. That man has alot of aggrogance, anger at everyone. I can bet my life that he has also threatened Michele. And what about Michael's statement to the police when he found his son. His exact words were "They did it after all" That was is statement when the police arrived. Did the police ask him who "they" were? Did they follow up on that statement? NO . Course Not. His whole attitude is...."I have control. " You hurt my son , Michele, you cheated on my son, and If you don't fry him, I will. And then I'll go after you." You all heard Michele on the witness stand about her husband's funeral....who had control over that? Not Michael Jr's wife, but his father. What about Sean's home in Freedom, NH???? He has been in jail for 2 years awaiting trial....His home was burnt down to the ground. Did the police ever investigate that? NO. Geeee Sean has mental telepathy...he burnt it down himself from his jail cell. Why wasn't any of this brought up during the trial? They keep talking about the way Sean presented himself on the witness stand....I don't know about you, but what I say was someone that was honest, wasn't "chosing his words carefully", didn't hide anything, had total eye contact with every one. On the other hand, did any one see the way Michele was on the witness stand...no eye contact, phony tears, looking around the room, rolling her eyes, closing her eyes. Does that look like a credible witness? I think not.
I'm wondering why she hasn't been charged herself. She is up to her neck in this mess...but with the pressure she's getting, she's got to hang someone...She has to do what she's told. She tried to convince Sean to kill her husband, but Sean couldn't do it, so she found someone else to do it for her. She played Sean. From April 2006 to March 13, 2006, she called Sean 30 times....who was obsessed with who? It is so obvious that she wanted her husband dead...she wanted Sean to do it for her, and like I said, Sean didn't have that in him. Since she moved a new boyfriend in 9 months after her husband died, why hasn't the prosecution or defense called him as a witness? Is he being protected too????
As for the truck that was on video. Compair that truck's tires to Fred Martin's tires on his truck. IT'S NOT THE SAME TRUCK. The truck tires on the one in the video are wide tires. The tires on Fred Martin's truck aren't.
I wish I could contact the defense attorney, I'm sure he's been interested in what I have said here.
Anyway, Misti, anyone with common sense could see this as "Bogus" charges.

Pam   August 25th, 2008 8:34 pm ET

NOT ENOUGH EVIDENCE NOT QUILTY!

Pam   August 25th, 2008 8:36 pm ET

SORRY- NOT GUILTY

Jay   August 25th, 2008 8:37 pm ET

Everyone that is stating GUILTY is doing exactly what the police did................rush to judgement. Testimony about the truck...."looks like the same truck, but I'm unable to determine it is the same truck". That's "overwhelming" evidence from the "experts" isn't it? I think not. They're not even sure themselves that it is the same truck. Only that it "looked " like the same truck. Looking like the same truck and being the same truck is 2 different things. By the way, all of you that says he's guilty, compare the video of the truck, and compare that to Fred Martin's truck. Pay particular attention to the tires. The truck that is in the video that the police showed, and Fred Martin's truck tires aren't the same. The truck in the video has wide tires, and Fred Martin's doesn't. Why do you think out of 10 tire impressions that the police did, not one matched Mr. Martin's truck? Is that too hard to figure out? The only evidence is Sean's DNA on the steering wheel, but not on the gear shift??? How did he drive the truck, mental telepathy? As for Fred Martin's neighbor that had the keys to the truck while he was in Florida, why wasn't his DNA on the keys, why didn't the prosecution question him? To many "what-if's". If you're going to say GUILTY, look at all the evidence, or should I say, Lack of evidence before you rush to judgement. Another thing, if Chester Roberts was shot at close range like the prosecution stated, then why, if Fred Martin's truck was used , wasn't there any blood in the vehicle? Anyone knows if someone is shot at close range with a shot gun, there is blood......on the shooter, floor, vehicle, etc. Where is the evidence to that ? Where is the evidence placing Sean Fitzpatrick at the scene of the crime? Where is the "overwhelming" evidence of Sean Fitzpatrick's DNA being "all over the place" linking him to these murders? Have all of you that stated GUILTY seen all this "Overwhelming" evidence ? Maybe I missed something.....I think NOT.

dan   August 25th, 2008 8:56 pm ET

A perfect crime is when someone does a crime and sets it up for someone else to fall.

final arbiter   August 25th, 2008 9:23 pm ET

Mr. Defense Attorney was the key here! This has nothing to with "professional" training for jurors . . . hold the prosecution accountable for not being honest, or more "forthcoming" in addressing the weakness' in the State's own evidence so baldly stated by the defense. (Hint: good things come in three's.)

The jury already has, it seems to me.

Get it straight: Mr. Defense Attorney was far superior to Mr. Prosecutor precisely at each and every turn, especially in light of all the evidence adduced at trial by the State. Give Mr. Prosecutor a bull horn next time . . . and only one decibel level.

IIronically, it was Mr. Prosecutor's summation, his "demeanor" that was the "sad," albeit necessary component to vindicate the rights of the accused here.

It became so obvious to me at that point, and I maintain even to Mr. Prosecutor himself. Of all the players on this stage it was Mr. Prosecutor in his final summation that convinced me to an "absolute certainty" that the State had not met its burden of proof. It was his "fog horn" schtick that truly belied the fundamental weaknesses in the State's case. Socratic irony, my friends? Who made their argument actually weaker in their final summation?

No one asks for absolute certainty . . . just justice . . . "trust the 12 " to do their job. I do.

smd   August 25th, 2008 9:38 pm ET

There is no doubt in my mind that he is guilty. After reading all the comments, I am reminded of the OJ Simpson trial.....

Joyce   August 25th, 2008 9:50 pm ET

NOT GUILTY !!!!!!! The perfect little wife should be looked at very closely!!
She is as GUILTY as sin !!!!! She appeared so innocent, it made her guilty of the murders !!!! It takes two to tango and she definitely was a willing partner, just playing silly games with INNOCENT people and playing them along. She just wanted attention and boy has she got it!
PLEASE JURY SET THE INNOCENT MAN FREE .FIRE THE D.A. He is the most arrogant D.A. ever and knows he has the WRONG person. He should be ashamed for acting the way he has!!!

Rick   August 25th, 2008 11:32 pm ET

There are too many coincidences for him not to have been the killer. I don’t think any normal person would have sent the note to the parents. The note itself is pretty sick and twisted, the way it was made, like some kind of serial killer. Who else would borrow/steal the truck and return it like nothing had ever happened. If not Sean, then who took the truck that day??? He was teary eyed at the right moments and happy go lucky the rest of the time when he testified. He was obviously desperate for Michelle to make a decision, since he was trying to use an ex girlfriend of ten years to motivate her. He said himself he wished Michael could have an accident or something, and just disappear. I would comb the interstates in the unusual places(creeks, wooded areas, bridges) looking for the 16 gauge he stole from the parents to do the shootings. Have they checked the lake where Sean lives?? I am still not convinced that Michelle is not somehow involved. Let’s face it, the man is pretty intelligent and they may have covered all the what ifs before the murder and how to handle the police. Also, if I had spent the last two years in prison for something I did not do, it would be pretty tough to hide my displeasure with the judicial system on the stand or in court. He’s too mild mannered and non chalant in court. His memory is poor on the important events which should be tattooed in his brain by this point. It’s like the prosecutor said in closing. Are all of the witnesses lying but Sean, or is it just Sean doing the lying. One person lying is a lot more believable than several, especially when he is the one on trial, not them. I say GUILTY as charged and shame on him for messing around with a married person. As far as marriage goes, when you have been married a long time, it’s not as glamorous as when you first dated. It’s easy for some loner like Sean to weasel in and seem like the man of the year, while the husband is out there busting his hump to make a living to support his family. I’m sure there are thousands of marriages just like theirs, teetering on the brink of adultery. You need to man up or woman up and be honest with your partner of what they can do to be a better spouse instead of faking it and making things worse. Then a smooth talker like Sean comes along and seems like the perfect man, only because its something new and he hasn’t had enough time to make you sad or bitter, but he would have eventually.

barb   August 25th, 2008 11:38 pm ET

I feel the wife had someone else do it and frame sean because he said he was moving on if she was staying with her husband.She wasnt a very good witness,. I dont feel sean is guility I think being framed.

john.rizzuto   August 25th, 2008 11:55 pm ET

he should get life just for writing that letter.his neighbors truck also convinced me.guilty as charged.

Cleveland   August 26th, 2008 12:33 am ET

Granted, all the neighbors shouldn't have a reason to lie, but this bothers me: Mrs. Ducharme is adamant about the timing of her walk, but in her testimony she can't remember the name of the street she walks to every day? Unreliable witness.

That transponder makes my gut say he's guilty, but there just isn't enough evidence for me to convict.

Nick   August 26th, 2008 1:18 am ET

Okay, I heard it's a hung jury. I hope they are going to let him go until they find some more solid physical evidence. If I were Sean Fitzpatrick, I'd get out of town as fast as I possibly could and have someone collect on the insurance money from the arson to his house.

Now it's time to concentrate on someone who really has gotten away with murder-OJ Simpson, now on trial for aggravated robbery and a slue of other felony charges. This is a man who doesn't receive pathos from me. He is low on the totem pole in my regard. How dare he commit murder and thumb his nose at people with that stupid book. I read that book. It's very interesting, but very callous. The chapter about the murders is so detailed, it's appalling and it leaves almost no doubt that he actually did commit these awful crimes. I hope he gets a fair trial, but whatever the outcome, I don't feel sorry for him. When he's before God, let's see him argue Double Jeopardy to Him.

Nick   August 26th, 2008 1:23 am ET

Speaking of Double Jeopardy, a hung jury is actually perfect for everyone. A hung jury means Jeopardy won't detach in this case. That means the Prosecution can release him, look into others, maybe find more evidence, and then try it again at another time. The NOT GUILTY people get him to go free and the GUILTY people can live with the fact that the Commonwealth can try again another time. It's a no-lose situation.

Carolyn   August 26th, 2008 1:29 am ET

opportunity: crime was Monday morning. Most folks at work
but Sean was off.
DNA/fingerprints: The owner's fingerprints were not in the
truck on any surface.
Blood: Sean worked for the phone company, the "land line"
part according to Sean. When they are working they wear
coveralls and covers on their shoes if they come in. All the
phone and cable guys have them in the truck.
Gun: Sean had several boxes of 16 gauge shotgun shells but
no shotgun. Why ?
Last: Sean has a boat and lives across from the lake.the gun
and clothes could be anywhere..he had a couple days before
they closed in. Plus remember that a pair of boots was one of
the items stolen from the houses.
I don't think he knew the transponder was behind the
rearview mirror. Someone who was talking to Michelle
constantly left his phone at home that day.
How in the world would a truck with a hole in the back
window exactly like the neighbor truck end up on tape
an hour and a half away ? Come on, folks.

Nick   August 26th, 2008 1:31 am ET

Regarding Double Jeopardy even more, it's a great constitutional right because it establishes finality. I wouldn't want it any other way than it is in this country now. I can forgive a murderer who is found NOT GUILTY when he actually killed the person as long as he have some kind of repentance for his crime. It's people like OJ who cock a snook at the system that anger me. There's no reason to write a book and thumb one's nose at the system. So you got away with murder, don't do it again. Enjoy your get-out-of-jail free card. You've got your life back. Don't mess up again. OJ just doesn't learn. If Sean actually did this and should he be acquitted, I hope he learns from his crimes because the next time he might not be so lucky. Good luck, Seany boy. Go to Gehenna, OJ and burn for eternity!

Mary Jensen   August 26th, 2008 7:54 am ET

I would find it very difficult to convict this man on the evidence that was shown on TV. Now, the jury may have seen more, but from what I have seen, there is reasonable doubt in my mind and I would have to vote "not guilty". Sunday the movie "12 Angry Men" aired which was an old movie from 1957 about a jury deliberating a murder trial. Having served on a jury (not a murder trial) I know first hand how hard it is to make these life and death decisions, but I also know that it is a jury's job to come to a conclusion "guilty" or "not guilty". That is what deliberations are all about, discussions and thinking it through over and over again. Make it work jury, we are counting on you!

Elaine   August 26th, 2008 8:53 am ET

Guilty – who else would sleep with somebody they couldn't stand (Gert's daughter) only to try to convince Gert to change her story. What a creep.

sharon   August 26th, 2008 10:12 am ET

There is so much speculation about this case – the jury may or may not find Sean guilty and whether he did it or not — Mike and Chester are never truly going to get Justice because more people or a person were involved.

Michelle made that comment knowing Sean would act on it, she knew about his history with other relationships. She used him to get rid of her husband then she cooperated with the police and DA’s office and made herself out to be squeeky clean then gave Sean up so that she could get rid of him.

She looks pathetic, no makeup, hair pulled back, crying…. I’m not buying it. I bet she cleans up well and as the grieving widow she is trying to portray, she certainly has no problem getting herself another new boyfriend so soon after her husband was murdered and her ex-lover was indicted. She not only duped Sean but she duped the police too. I hope you are all proud of yourselves.

I am saddened that this woman is going to walk amongst us freely, raise her family. Where is Mike and Chesters justice, they are not able to see their children or families anymore. They are not able to go boating in the summer or snowmobile in the winter. They are not able to smile.

Corey   August 26th, 2008 11:02 am ET

Watching your show gives an insight into the legal process like no other.
What scares me is how flawed the process can be at times. Re: The state of Mass vs. Mr. Fitzpatrick: Mostly, the currtent discussion regarding having the judge re-read the admonishment regarding "speculation" pertaining to a broken window... Wow.
It just shows how off-course in thinking a single juror can get. Luckily, in this case, the jury forman (and maybe other jurors) recognized the problem and contacted the judge. What happens in a trial when none of the jurors or savy enough to catch outside influences? When all the jurors let outside information infect the jury room?
I'm starting to get a better idea how innocent people are found guilty, and how guilty people are allowed to go free.

Thank you for your, VERY interesting and compelling show.

Corey – Modesto California

Deborah Dingman   August 26th, 2008 11:27 am ET

August 26, 2008

Regarding the Fitzgerald trial, has anyone thought of digging up the sidewalk thatl he worked so hard on the day of the murders? Think about ,it we may find the gun or any other evidence that could be of use.

Deborah Dingman
Hamilton, Ontario, Canada

Diana   August 26th, 2008 11:45 am ET

I think he is innocent. I believe the police caught a very decisive case of "Tunnel Vision" when it came to this guy. He didn't help maters on occassion by the way he acted and the things he did but who is to say we all wouldn't react in such ways if we found ourselves all of a sudden being accused of murder and fighting for our very existance in a court of law! I believe that Michelle had something to do with the murders. My reason being that if he done it he would probably only have shot Michael. By Michelle doing it she had to shoot them both to make it look like someone else. I don't think she is pretty enough to even have this triangle situation going on but I suppose that would be in the eye of the beholder. I say free Sean and arrest Michelle!

Carolyn E   August 26th, 2008 12:42 pm ET

There is not enough evidence to find Sean Fitzpatrick guilty of murder, they need to look at Michele or Michael Sr, they had more to gain from this than Sean did, Michele does not act like a grieving widow to me. I lost a husband 14 years ago and I thought it was the end of the world for me.

Dick   August 26th, 2008 2:13 pm ET

Linking Sean to the truck and the truck to an easy pass toll is compelling. Defense counters that Mr. Fitzpatricks neighbors truck was stolen and returned. Stolen Shotgun from Mr. Fitzpatricks parents not found.
Mr. Fitzpatrick has 16 gauge shotgun shells, no shot gun
Stolen boots.
All the above is a Smoking Gun.
I think Michelle pllanned it and Sean did the shooting.

Deborah   August 26th, 2008 2:32 pm ET

NOT GUILTY! Not enough evidence to lock a person away for the rest of his life. Circumstantial evidence maybe there yet is not enough to convict a person. Prosecution should search for more evidence and defense should atleast look into other reasons why the deceased were killed.
Sean, on the stand, looked to me as if were desperatley wanted to testify because he knew he was innocent.

The affair needs to be researched more. Emotionally Michelle appeared to bring forth her emotions. It was clear she continues to have feelings for Sean. Perhaphs this was the reasons for her tears knowing she has lost two men in her life. I believe Michelle had been ashamed and perhaps feels guilty and somewhat responsibile for her spouses death. During the phone conversation they played in court she did not think Sean was the guilty person. A wife, having an affair and now her husband is deceased. Hmmm.....more to this story than what is being uncovered. Perhaps Sean or Michelle had nothing to do with the murders.

Beth   August 26th, 2008 4:04 pm ET

I have actually sat on a criminal jury. We aquitted! Not enough evidence, plain and simple. I believe in a fair trial in this country and will give it to the boy from the ghetto right up to the CEO of a company. My "feelings" about the defendant do not matter!!! The evidence against him, or lack thereof, does!

Wilbur Dison   August 26th, 2008 4:27 pm ET

While the defendant was on the stand he was never instructed to give a yes or no answer,I think the attorney that was questioning him was so very wrong.The defendant had too much free speech to cover his tracks.I think he is guilty,guilty,guilty.

John M.   August 28th, 2008 10:33 am ET

I believe in our system today, it just seems that you cant be innocent. If there is a hung jury, the prosecution will keep going until they get what they want.

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