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August 25, 2008
Posted: 04:08 PM ET

WOBURN, Massachusetts — On the third day of deliberations, 12 jurors deliberating over the fate of Sean Fitzpatrick sent a note to the judge saying that after careful consideration of the facts and several votes, they are deadlocked. Shortly after, the judge, Kathe Tuttman, sent the panel home and ordered them to return to court tomorrow at 9 am. At that time, Tuttman will read a so-called “Rodriguez charge” — essentially instructing the jury to continue deliberations in an attempt to break their impasse.

Fitzpatrick stands accused of gunning down Michael Zammitti, Jr. on March 13, 2006, after Zammitti’s wife, Michele, told Fitzpatrick that she was ending their affair and staying with her husband. Chester Roberts, the second murder victim, apparently stumbled across the crime in progress, and was killed to eliminate a witness.

In Session will bring you continued live coverage Tuesday.

-In Session staff

Filed under: Fitzpatrick murder trial • Trials


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melissa miller   August 25th, 2008 4:18 pm ET

I think Paul Taylor should be looked at again.

Jean   August 25th, 2008 4:21 pm ET

BAD BAD SIGN………………BAD

Martha Bryson   August 25th, 2008 4:22 pm ET

After hearing as much as I could of the testimony, I think Fitzpatrick will not be convicted because the only thing they have is the truck and there is a reasonable doubt based on not actually seeing him driving it. I don’t believe the guy actually had the nerve to face 3 guys, even with a shotgun, not knowing for sure their exact locations at work. I think if he was going to kill the guy, he would have done it at a time that he would be by himself. I think someone was really mad at the old man because he is a real hard hitting soul and had made some enemies along the way.

betsy,tx   August 25th, 2008 4:26 pm ET

Deadlock hmm must mean hung jury

P. Lamb   August 25th, 2008 4:33 pm ET

I believe that Fitzpatrick should be found NO GUILTY! Not only is there not enough evidence beyond a reasonable doubt but I honestly feel that he was NOT the one that murdered these two men. Has anyone ever looked to the wife of the deceased? I think that Fitzpatrick was framed by her. People talked about his demeanour on the stand. If he was too upset, people would accuse him of being phony. Now because he was calm, collected and even personable at times, he was portrayed as being too caulky, arrogant, etc. There would always be fault no matter how you look at it. Free Fitzpatrick and look for the real murderer, starting with Michael Zammitti’s wife.

Nick   August 25th, 2008 4:37 pm ET

Just as I had predicted—a DEADLOCK! Probably 8-4 in favor of GUILTY. As I have said before, reasonable doubt exists.

Florence   August 25th, 2008 4:54 pm ET

The jury will never reach a verdict. There were way too many inconsistencies and although a lot of people thought that Sean Fitzpatrick was arrogant and cocky, they aren’t familiar with the Irish personna which basically makes it impossible for them to show shame or defeat, especially with the ladies. I would look elsewhere for a conviction because they aren’t going to find Sean guilty even though it certainly looks bad for him. I wouldn’t be able to convict him if I sat on that jury. Not with the case that was presented.

chris wolf   August 25th, 2008 4:58 pm ET

Re: OJ Simpson trial Judge Jackie Glass and the silly, impertinent and inappropriate comments by the silly, impertinent and inappropriate anchor Ashleigh Banfield as to the judge’s physical appearance and attractiveness per se, Glass at one time probably was a nice looking girl but has obviously sacrificed that grace to her position of power and vindictiveness and at present is a great example of “ugly on the inside.” Please, Ashleigh Banfield, cease and desist commenting on people’s attractiveness in your eyes. It absolutely makes our skin crawl to hear.

anne mccormack   August 25th, 2008 5:00 pm ET

It seems to me, alot of people get away with murder, starting with Phil Spector. He for one, should be in prison right now. His driver heard him say, “i think i just killed somebody”. Now seems Fitzpatrick will get away with murder to, an we can’t forget, o.j. simpson. I’m wondering if we should have murder cases decided by the judge and not jurors .

JOANNE MILLER   August 25th, 2008 5:09 pm ET

I HAVE HAD IT WITH JURY’S. THEY HARDLY GET IT RIGHT THESE DAYS. WHAT IS THEIR PROBLEM: DNA ON THE STEERING WHEEL AND KEYS. HE HAD NO PERMISSION TO USE TRUCK, HE HAD AN AFFAIR WITH THE DEAD MAN’S WIFE, HE WANTED TO BE WITH HER AND THE KIDS. HE WAS A MIDDLE AGED MAN WITH NO FAMILY AND COVETED THE ZAMMITTI’S LIFE. WHO ELSE WANTED TO KILL MICHAEL ZAMMITTI? SEAN DID , THAT’S WHO. A HUNG JURY? GIVE ME A BREAK. HE DID IT AND NOW WILL HAVE TO WASTE MORE TIME AND MONEY TO TRY HIM AGAIN WHICH WILL RESULT IN A GUILTY VERDICT JUST LIKE MOST RE-TRIALS.

Jean   August 25th, 2008 5:10 pm ET

I think he will be acquitted after they resume deliberations on Tuesday.

steve steffen   August 25th, 2008 5:11 pm ET

I recall Jean Casarez saying how would Fitzpatrick’s DNA get on the car keys of Fred Martin if all Sean did was help move the truck? Well, if there is such a thing as transfer evidence, then why couldn’t Fitzpatrick’s DNA get transferred from the steering wheel to the car keys by Martin himself. Afterall, Martin would have his hands, fingers on the wheel, thus on Fitzpatrick’s DNA, and once home, Martin would turn his truck off and thus grab the keys, thereby transferring Fitzpatrick’s and his DNA from the steering wheel to the starter key or keys. Right?

BJ   August 25th, 2008 5:22 pm ET

hard to believe, it is a sad day in this country when the the DA and law enforcement work so hard to prove that Sean is the one and only player in what we think is some kind of a game or realty show or drama on prime time. well if you watch on court tv ( in session ) you get about half the facts and that shows in the comments. the juries these days get on a power trip over and over again when they choose to go the other way no mater what anyone else brings to light. look at the jury and interview from the Phil Specter jury members , and one was going to hold out for there own gains no mater the truth . two people are dead still ! i have seen first hand three times in my 50+ years the toll of murder of friends of my family and the kidnapping and murder of my best friends sister , we never had a trial , no clue to this day , he’s still out there somewhere ! this trial had so much evidence it can’t get any better then that. maybe if we asked Chester Roberts who the shooter was we might know for sure ! nuts i forgot he’s dead , Sean’s good luck no witness. this system needs to work for these two men and there families. no person has the right to kill because a woman went a stray from her marriage. or maybe in this case it’s ok !

Sally Gee   August 25th, 2008 5:26 pm ET

Fitzpatrick is guilty !
How can the jury pssibly be deadlocked?
Those on the jury that think there is some doubt as to his guilt, are really dumb and stupid !!!

Summer - Dallas Tx   August 25th, 2008 5:31 pm ET

I think he has to be found innocent because there is no clear and certain proof he did this. To me he appears waaay too whimpy to have done it. – that said. There is just too much doubt.

Klaatu   August 25th, 2008 5:35 pm ET

Sweeet….a smart jury…I love this…Whether he did it or not is not the issue…Did the state prove it…no way.

Rita   August 25th, 2008 5:44 pm ET

although I wanted them to find him guilty because I believe in my heart that he is, I was afraid of a “not guilty” verdict. So the deadlock makes me think that at least some of those jurors don’t want him to get away with it.

Linda   August 25th, 2008 5:47 pm ET

I think the evidence is overwhelming that Fitzpatrick is guilty. The prosecution gave a compelling closing argument. I would love to know who else would have stolen Fred Martin’s truck and drove it to Massachusetts on the morning of the murders? Reminds me of the Spector Trial, seems like someone needs an actual video of Fitzpatrick committing the murders. Whatever happened to common sense?

Carol W.   August 25th, 2008 5:57 pm ET

I am not surprised!! I doubt whether it will be resolved…looks like a mistrial to me. In any event, I think there is more to this story than meets the eye…and there is more that could be said about Michelle’s guilt in this mess. I also think it is interesting that Sean’s house was burnt to the ground…could the Zamettis’ have done this?

deanna   August 25th, 2008 5:58 pm ET

I WOULD VOTE NOT GUILTY !!!!!!! not enought dna evidence for me to lock him up!!!!!!!!

Benson   August 25th, 2008 5:59 pm ET

Based on my analysis of the Sean Fitzpatrick murder trial, there are far too many added evidences which could not be and have not been justi-fied “beyond a reasonable doubt”. Moreover, I am of the opinion that Mr Fitzpatrick answered, in his own defense, all of the prosecutor’s questions far more intelligently, that is with complete possession of his faculties or senses, and this especially in comparison to the prosecutor’s faculties or senses including his manner and personal demeanor which he utilized and demonstrated so very poorly while asking his numerous questions. I strongly believe that this prosecutor has to really learn how to present and demonstrate a much more appropriate overall personality (communicative behavior) in public, if he expects to win proper attention from almost any jury. At this time, I suggest that Sean Fitzpatrick should be found not guilty.

Ann Burkett   August 25th, 2008 6:01 pm ET

I do not think the prosecution proved its case. I think they jumped on the lover, and didn’t look any further. I would think the wife would have been a suspect. Even the person who has been breaking into house in the community. They just didn’t do their job. To many things didn’t make him look guilty.

Dorothy Vader   August 25th, 2008 6:04 pm ET

There is absolutely no evidence that this man is guilty. Suspicion does not justify leaving this man in jail any longer.

Marlena   August 25th, 2008 6:07 pm ET

How can Fitzpatrick be a cold blooded killer? The same way he prepared and mailed the threatening letter to the Zammitti Family. Guilty is as guilty does.

sheena garland   August 25th, 2008 6:25 pm ET

There reasonable doubt in this case is HUGE. If I were a juror I would say not guilty simply because the case presented was so weak.

sheena garland   August 25th, 2008 6:25 pm ET

The reasonable doubt in this case is HUGE. If I were a juror I would say not guilty simply because the case presented was so weak.

Shannon   August 25th, 2008 6:36 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!

Rukmini   August 25th, 2008 6:51 pm ET

This was bound to happen. The prosecution surely did not do a comprehensive job. Their case was based on a hypothesis without a proof.

What if there is a hired career criminal out there laughing at all this? No one can be totally sure that Fitzpatrick is innocent but at the same time a person cannot be sent away based on such flimsy evidence.

Seems like it has been a waste of time for most people involved in this case.

kelly   August 25th, 2008 6:58 pm ET

Sean is not guilty. There is reasonable doubt. If the judicial system works he will be set free!

Jean   August 25th, 2008 7:01 pm ET

If the jury hangs, the prosecution should do a better job the next time. In the Orange Taylor trial the jury hung, but convicted him in the next trial. We will see what happens at the Spector retrial.

Gloria Wilson   August 25th, 2008 7:05 pm ET

NOT GUILTY !! Has anyone thought about the fact that Mike SR cried “they killed my son” ? THEY? I think he has a pretty good idea about who did this. It was said that Mike SR was riding around looking for the killer, apparently at that time he didn’t think it was Fitzpatrick. I think Fred Martin just doesn’t remember the time Fitzpatrick was in the truck, a moment like that wouldn’t stand out. The note was stupid but I can’t even begin to imagine what I’d do if the police were doing to me what they’ve done to him. You always want to think the police wouldn’t do all of this unless there was something to it but now days the police will do whatever they want to do and they can honed in on anyone and get it this far. How many people had hard feelings towards this family that knew of the affair and that Fred Martin was out of town and knew how to set this up to let Fitzpatrick take the fall? I do not believe Fitzpatrick is guilty, the evidence just isn’t there.

Donna   August 25th, 2008 7:14 pm ET

He’s so GUILTY!

Teri   August 25th, 2008 7:20 pm ET

It was inevitable that this was going to be a hung jury. I watched the entire case and I would never be able to convict with the evidence the prosicution had on the table. I have a feeling that he may have done it, but also a feeling that this could have all been a set up of some kind because he would be the obvious suspect. I’m undecided and unfortunatley there just isn’t enough, only speculation. I’m ussually pro-prosocution however this is one case, that I wouldn’t put all my eggs in the basket of guilt. If he didn’t do it I think Michele had something to do with it….She was unhappy in her marriage, but I don’t think she wanted to end it for Sean, but start all over and he could be someone they can pin it on, “the scorned ex-lover”…..Just saying????

Janet Blanquies   August 25th, 2008 7:26 pm ET

Thank goodness there is at least one person on that jury who understands the concept of innocent until PROVEN guilty. When the prosecuter told the jury that they should ASSUME that because there is 16-gauge ammunition in a house, that the missing shotgun must also be 16 gauge, that summed it up for me. That is so wrong! We should all pray to God that we are never accused of a crime where we live in the neighborhood of a person who ends up dead and we had the bad judgement to be in an extramarital affair with that person’s spouse. Oh, and make sure that you have an alibi for every waking second of your life, because you never know when you are going to have to prove where you were. Pathetic.

Jay   August 25th, 2008 7:30 pm ET

Ok, the jury is deadlocked. Friday they wanted the judge to explain the legal aspects of “reasonable doubt.” Now they informed the judge they are deadlocked. Now the judge is going to read a so-called case “Rodriguez charge”…oh come on, people. The jury wanted “reasonable doubt” clarified, and now the judge is quoting “Rodriguez charge” that has no bearing on this case….How much more confused is she trying to make the jury??????? If they’re deadlocked…they’re deadlocked. It’s now up to the prosecution to re-try the case. It sounds like to me, the judge is trying , not only to confuse the jury with other “legal legalities”of a case that has nothing to do with this case , but saying to them……”it’s got to be one or the other…guilty, or not guilty” Sounds to me like she’s trying to sway the jury. Something isn’t right here. Come on people….think! It doesn’t take a scientist to figure this out. Use common sense here.

Jane   August 25th, 2008 7:36 pm ET

I told seveeral people this morning that it would end with a hung jury by this afternoon and I was right. He may actually be guilty but there is not enough evidence to convict him.

Psychic Chipmunk   August 25th, 2008 7:36 pm ET

The jury may actually be hoping for a hung jury and a second trial. If Fitzpatrick isn’t convicted of murder, he’ll almost certainly be tried and convicted for perjury. Hope he has an amazing memory about what he said under oath.

Jamie   August 25th, 2008 7:45 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?

ray   August 25th, 2008 7:46 pm ET

The wife looks guilty.

rita alford   August 25th, 2008 8:03 pm ET

how do you account for the different stories, the dna in the truck, the easy pass evidence, the neighbor and the motive? my guess is that there was one holdout. i am better satisfied that it is a hung jury than a not guilty so i will be glad for the second trial which always favors the prosecution.

Rick   August 25th, 2008 8:15 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.

Patience   August 25th, 2008 8:18 pm ET

What is the matter with some juries?
Who do they think drove the truck? The tooth fairy?…
It is an insult to the owner of the truck because he testified that Fitzpatrick had never been behind the wheel of the truck and also an insult to the neighbor who testified about the time she saw him in the yard.
I have very little faith in juries because all that is needed is one anti-government person to throw it into a mistrial.
I would put my faith in a judge’s hands any day before trusting a jury… too bad tat can’t happen.

terry   August 25th, 2008 8:56 pm ET

I cannot believe the jury is deadlocked. Did they not listen to testimony. Motive. Opportunity. No alibi.

And to those of you questioning the lack of evidence in the truck – I believe the clothes, boots, gloves etc are with the gun and the other items stolen from the neighborhood. Sean did not have to ditch everything on his way back to Freedom. He had plenty of time to ditch everthing in the woods or lakes or even buried somewhere. The police did not even call on him until that evening and did not look at the truck for at least a week later – giving Sean plenty of time to wipe off his fingerprints from the gear shift and the window button and anything else he touched. He probably missed the steering wheel because it was grooved.

And to those of you wondering why no -one missed Martin’s truck, again listen to the testimony. There are only about a dozen full time residents (out of about 110 homes) in the Mountview area. March is not a very busy time of year to be visiting your vacation home in Freedom NH. So there was no one around to notice the truck missing. The only full time resident in that area, besides Sean was Gert – and she was pretty damn clear about the time line.

And to those of you questioning Gert’s timeline, she is not the one who kept changing her story. Sean kept saying she changed her story. I think she remained pretty consistent with her story. And how can Sean say she is his concrete alibi and then say her timeline is unreliable – so Sean is his own alibi.

And to those of you saying that they cannot remember what they did 2 years ago, no one was asking Sean to remember where he went for coffee 2 years ago. He was asked that day where he went for coffee – and he couldn’t give an answer. The question is why do you keep changing your story. He told David Spears he went to Freedom Market on the day of the murders. Then a week later he told Michele that he went to Mary Annes or Freedom Market to get coffee. Then on the stand he says Dunkin Donuts. Sean said it himself on the stand – once you tell one lie, you have to keep lying.

Why would an innocent person lie as much as Sean clearly has. How unrealistic is it that Martin, Spears, Gert, and Michele’s girlfriend are all lying in some conspiracy to get the poor victim Sean.

If this jury lets Sean Fitzpatrick walk, he will walk away laughing at all of them because they fell for his bull.

GUILTY – I hope the jury comes to its senses tomorrow.

Dixie Hereford   August 25th, 2008 9:00 pm ET

Sean Fitzpatrick is innocent! Nothing links him to the crime scene. There is absolutely NO evidence that Fitzpatrick killed those 2 men. If anything, they need to do a little investigating on that wife that is faking that pitiful, ugly face she’s presenting. She is guilty of these crimes and poor Sean is getting framed. I pray for Sean at night because if they convict him, they are truly sending an innocent man to prison.

dan   August 25th, 2008 9:08 pm ET

I have watched the whole case in and out. I do believe their is doubt. Do you believe if a person has a hung jury that they should be tried again. Given that the prosecution would be allowed to try their case in a deferent manor until they get it just right to convince a jury. People are found not guilty 10 years later, and some get away with murder. The worst thing to do is find someone guilty after a second trial for life. knowing that at the very least one juror “one juror” from the first trail found a person not guilty. Is there faith in the appeal process.

hendrika   August 25th, 2008 9:27 pm ET

I realy feel that Fitzpatrick is guilty He gives the impression of being a very dishonest arrogant and cold man . The cruel letter he wrote to the murder victim’s parents should give the jurors a clue what a horrible dangerous sick man he is .And have Fitzpatrck locked up for life Thank you.

hendrika   August 25th, 2008 9:28 pm ET

I realy feel that Fitzpatrick is guilty He gives the impression of being a very dishonest arrogant and cold man . The cruel letter he wrote to the murder victim’s parents should give the jurors a clue what a horrible dangerous sick man he is .And have Fitzpatirck locked up for life Thank you.

Gina1   August 25th, 2008 9:51 pm ET

I think that the EZPass records would have helped the jury tremendously in finding Fitz guilty . Why didn’t the prosecutors submit them as evidence after presenting them through a witness for the prosecution? That would have clinched it for me. Now when the jury asked for the records the judge had to say no, just go from your memory! Nuts

Keleigh   August 25th, 2008 9:59 pm ET

As I look at Sean sitting there in the court room, I kind of feel sorry for him. He is an outsider in the community, he has no family it seems, his best friend turned on him, his house was apparently burned down?, Michele ratted him out. I think he is innocent and I hope they find him not guilty!!!

NA   August 25th, 2008 10:21 pm ET

With the LACK of evidence, how can this jury be deadlocked ?

Linda   August 25th, 2008 11:29 pm ET

His testimony was very believable. on the other hand, when Michelle testified, she mostly looked downard, not focussing, seemed to be tryng hard to minimize her role in the affair. She led him on. it is clear that she led him on, month after month..the death of her husband, who seemed to be a very understanding, hardworking person, is bery sad. He worked to provide a better life for his children and seemed to be trying very hard to accept his wife’s horrible behavior.

Veronica Welburn   August 26th, 2008 12:14 am ET

No wonder the jury is deadlocked. Was Sean Fitzpatrick ever known to be a hunter or owned a weapon besides a pellet gun? Pretty good shot if a novice. Where are his bloody clothes if the crime scene was as described? The time line focused on: if I had just shot two people in cold blood an hour ago (E-Z pass evidence, not even showing Fitzpatick as the driver) , would I stand in my driveway having coffee saying hi to a neighbor? More likely, I would be hiding out, or throwing up in the bathroom. The Zimatti’s unfortunately probably formed some bad business relationships, and I believe Michelle not to be so innocent in letting Sean take the fall for her husband’s murder.
My deepest sympathy to Chester Roberts family.

Fran Ruggles   August 26th, 2008 12:31 am ET

Did the jury get less information than the rest of us? The man is a cold blooded murderer. Find him guilty and give the family some closure.

Nancy   August 26th, 2008 12:34 am ET

I wonder why it took so long to bring Fitzpatrick to trial? I understand that he has been jailed for 2 years. I think due to lack of evidence, which must be what some of the jurists have concluded, I hope if they retry him he will at least be given a chance at bail- 2yrs. is a long time if he is not guilty.

Diana   August 26th, 2008 12:52 am ET

I don’t believe the prosecution proved “beyond a reasonable doubt” that Sean Fitzpatrick is guilty of the double murder. I’m surprised that law enforcement didn’t look more closely at Michelle, the wife of the deceased. Maybe she had something to do with it.
As far as Gertrude’s testimony goes, I’m not sure that she is as reliable as everyone is thinking. She may have something against Sean since he dated her daugher. I’m not sure who ended that relationship, but if it was Sean, and the daughter got hurt, then she may have a motive to make sure Sean is found guilty

Carolyn   August 26th, 2008 1:33 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.

lenny   August 26th, 2008 2:58 am ET

HUNG JURY!!!
I’ve enjoyed reading the hundreds of posts about this trial, but I can see where the jury is perplexed as to guilt or innocence.
I don’t believe that the jury will send Fitzpatrick to jail for the rest of his life on the amount of evidence presented. Could you?

carolyn mahoney   August 26th, 2008 5:43 am ET

looks like i was right .told my husband all along that he would get away with it just like phil spector i have no faith in our courts

dan deering   August 26th, 2008 5:57 am ET

when a jury is deadlocked it says there is reasonable doubt whichther is in this case the charges should be dismissed

shelley   August 26th, 2008 7:22 am ET

I believe that sean fitzpatrick is not quilty. I don’t think the prosecutions case is enough to convict him. I also believe that michele zimmetti had something to do with it. She ended the affair, yet continued to call sean. Another thing that bothers me about her is the recorded phone call. If she is innocent and thinks he shot her husband, then why didn’t she bring that up in that conversation. Why not ask “Sean why did you do this?” or “If you love me then why would you do something to hurt me and my children? I think she avoided these questions in order to keep from implicating herself in the crime. I hope the jury comes back not quilty and sean fitzpatrick ca move on.

Carol Frey   August 26th, 2008 8:12 am ET

How could anyone convict Fitzpatrick on such circumstantial evidence. Sending Fitzpatrick to prison would be morally wrong based on everything I’ve heard and I have followed this case faithfully.

tom w   August 26th, 2008 8:24 am ET

i don’t care how much longer the jury deliberates, it will come to the same conclusion, hung jury. when they retry this case, unless the prosecution can come up with some concrete evidense, the jury will be hung again. no blood, no fingerprints or dna at the crime scene adds up to reasonable doubt.

Pat   August 26th, 2008 8:34 am ET

If I was on that Jury, I couldn’t find Sean Fitzpatrick guilty based on his testimony and that of Michelle. Michelle was playing with fire when she encouraged a flirtation with Sean even after she and her husband agreed to counseling. She continued to mislead Sean with her phone calls to him, and if he did in fact murder her husband, it was because she pushed him over the emotional edge of conventional wisdom. Her knowledge of the male psyche is sadly lacking.

Pat   August 26th, 2008 8:39 am ET

If I was on that Jury, I couldn’t find Sean Fitzpatrick guilty based on his testimony and that of Michelle. Michelle was playing with fire when she continued to mislead Sean with her phone calls to him, and if he did in fact murder her husband, it was because she pushed him over the emotional edge of conventional wisdom. Her knowledge of the male psyche is sadly lacking. That she is ashamed of what she did is obvious, but her testimony clearly indicates that she didn’t want to give up her relationship with Sean before the murder of her husband, and she still doesn’t want to give it up today. I think that both of them laid open their most intimate emotions in an attempt to be forgiven. Both the defense lawyer and the prosecutor should be commended for their skill in leading them in that direction. The Jury couldn’t have received better testimony.

Elaine   August 26th, 2008 8:48 am ET

Oh come on! What part of guilty don’t you understand. The smoking truck, the smoking alibi, the smoking gun. All with Fitzpatrick’s fingerprints over them. Besides all of that, just pay attention to his demeanor when he testified – dry mouth, grinning, lying.

SUSAN WEISS-TORONTO   August 26th, 2008 9:23 am ET

QUESTION – PLEASE EXPLAIN WHY THE U.S. SUPREME COURT WHO ARE EXPERTS ON THE LAW, CAN BE DIVIDED ON DECISIONS, GO WITH MAJORITY….YET, LAY JURIES ARE REQUIRED TO BE UNANIMOUS. THANKS….SUSAN-TORONTO

Lynn-Milwaukee,Wi   August 26th, 2008 9:31 am ET

I believe Sean is innocent. There are too many holes in the proscutors case, where’s the weapon, where’s the blood, no witnesses. I think he made a very good witness for himself. He came across a little cocky, but that could have been a defense knee jerk reaction. I say any doubt at all, he should be found not guilty

Shannon   August 26th, 2008 9:32 am ET

Why did Sean Fitzpatrick testify? BECAUSE HE IS INNOCENT!!!!!!!!!!
LET HIM GO AND LET THE STATE OF MASSACHUSETTS GO FIND THE REAL MURDERER(S)!!!!!!!!!!!!!!!!!!!!!!

Debi   August 26th, 2008 10:02 am ET

He’s INNOCENT!!!!!

Diana   August 26th, 2008 10:23 am ET

I will be very disappointed in our justice system if the jury finds Sean Fitzpatrick guilty. I don’t feel that the Prosecution proved “beyond a reasonable doubt” that he is guilty. Stupid maybe, but not guilty. And what about Michelle? Why didn’t they look more closely at her? She was the one who made the comment that they couldn’t be together unless something happened to Michael. Maybe she hired someone to do the dirty deed? And the father of Michael – he claims that when he found his son, he went over and held him and kissed him. Why wasn’t there any blood found on him?
As far as Gertrude being a reliable witness, I think she may have been angry about the relationship her daughter had with Sean and if the daughter got hurt because Sean broke it off, then that’s reason enough for Gertrude to alter her memories to make sure Sean is found guilty.
I vote NOT GUILTY, but unfortunately my vote doesn’t count.

Jean   August 26th, 2008 11:14 am ET

I bet they end up with a hung jury and he has to be re-tried.

Jeannie   August 26th, 2008 11:33 am ET

I served as a juror on a murder trial about 15 years ago. It is a difficult process. In following the Sean Fitzpatrick trial I have gone back and forth with his guilt or innocence. I finally feel there just too many conclusions which point to Fitz as being guilty. Did he ever sell used cars? He’s too slick and I don’t believe him!

Jeannie
Worth, IL

Marg S   August 26th, 2008 12:07 pm ET

I don;t think the prosecution made their case here. The police tricked Sean F. so they could get his DNA and finger prints, thats not right.
No blood in the truck, no fingerprints anywhere, no tire tread match, no shoe print matches. It was very early morning and a clean yard so where was the “Beef”?
The police zeroed in on Sean F. immediately, they didn’t look elsewhere and built a case around him. It was shoddy police work. Following him, setting him up with Michele’s phone call etc. Why didn’t they rule out others, look closely at Zammitti Sr.’s enemies. He obviously has a temper and admits he had many enemies. Thats where the police need to look and look and look some more. They chose Sean because he was the easiest target. Thats the bottom line.
Marg S

Jay Kennedy   August 26th, 2008 12:17 pm ET

Hello!!! The wife, why is she not charged with soliciting to murder? She made it very clear that she was contemplating for something to happen to her husband. She said something would have to happen to her husband for her to be with Sean. (Enough said), in my mind that she was soliciting to some sort of harm and or murder to be done to her husband!

Oh how pathetic our judicial system is to first say and or claim that one is innocent til proven guilty. Obviously as you see and have wittnessed, Sean has been guilty for the past two years until he proves himself as innocent!

I would like to commend the detectives for doing such a professional job creating these bogus circumstantial evidences that are so hidious. How can one be held or better yet How can a judge/court allow our tax dollars to be wasted on such bull?

This is an innocent man!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I pray for Sean and for the victims Families!

P.S. (The father is way to calm). The wife, throughout the entire court proceedings she would look down, to the left then to the right during all of her responses. I’m no Psycologist but…….think about it.

Jay Kennedy   August 26th, 2008 12:22 pm ET

Oop’s, Psychologist

Robert Brashear   August 26th, 2008 1:04 pm ET

I think this time the defendant might actually be innocent. Frankly I’m surprised the state even brought this case to court considering the eveidence that they put forth. I hope the proper verdict is rendered in this case but if I was on this jury I would have to say ….. “No Way!”

Carol M   August 26th, 2008 2:23 pm ET

He could have planned the murders ahead of time and worked out details sa not to leave traces of blood. Was a lie detecter test given and if not why?

pamela bochantin   August 26th, 2008 3:47 pm ET

I think the defendant might be guilty but there is not enought eveidence to prove it ,i could not convict him at this time.

Jefferson   August 26th, 2008 4:23 pm ET

<<>

Because he can.

He is a manipulative, sociopath, and a liar. I am qualified to say as much. Even I believed him but wonder why nobody, at all corroborated his alibis, in fact they testified to the contrary.
Michelle is not on trial. I’ve read so much about how frumpy she has dressed.
You know what? i have never seen Sean looking as dapper as he did on the stand. He’s good.
Why did he break down when asked about the letter? Because, like the sociopath that he is, he feels no remorse for the murders, only for the mistakes that he made in the execution.

Who else would steal a truck and return it? Someone who needed (wheels not his own) while also needing to bet back to where they stole it from? He took the truck. Finger prints on keys and DNA on steering wheel. ..

That said, I would not want to be on the jury. Obviously everyone involed is doing what they feel is right. and needs to be respected as such. It seems a stretch to suggest a “botched investigation.” The murderer is obvious. Evidence NOT allowed validates this.

To rule out SF because Z. Sr. had “many enimies” is absurd in light of the fact the only one who actually threatened Z Sr.s family was Sean himself!

SF and MZ were friends. No tears when he spoke of him. Even if they weren’t friends he would have showed some emotions in regards to his death. He’ll walk but he’ll hear foosteps.

Jefferson   August 26th, 2008 4:25 pm ET

Why did Sean Fitzpatrick testify?

Because he can.

He is a manipulative, sociopath, and a liar. I am qualified to say as much. Even I believed him but wonder why nobody, at all corroborated his alibis, in fact they testified to the contrary.
Michelle is not on trial. I’ve read so much about how frumpy she has dressed.
You know what? i have never seen Sean looking as dapper as he did on the stand. He’s good.
Why did he break down when asked about the letter? Because, like the sociopath that he is, he feels no remorse for the murders, only for the mistakes that he made in the execution.

Who else would steal a truck and return it? Someone who needed (wheels not his own) while also needing to bet back to where they stole it from? He took the truck. Finger prints on keys and DNA on steering wheel. ..

That said, I would not want to be on the jury. Obviously everyone involed is doing what they feel is right. and needs to be respected as such. It seems a stretch to suggest a “botched investigation.” The murderer is obvious. Evidence NOT allowed validates this.

To rule out SF because Z. Sr. had “many enimies” is absurd in light of the fact the only one who actually threatened Z Sr.s family was Sean himself!

SF and MZ were friends. No tears when he spoke of him. Even if they weren’t friends he would have showed some emotions in regards to his death. He’ll walk but he’ll hear foosteps.

debbie   August 26th, 2008 4:26 pm ET

Another thought, Sean seems to be so ” no big deal” about everything, sure he loves Michelle, but I think he would have been more like ” oh well, se la vie” Michelle on the other hand seems to be hung up on the relationship more than he. I think if either of them wanted Michael out of the way it would have been her. Now she is playing (overplaying) the grieving widow to the hilt!! After all she has to save face in front of the family now. She said one time she wanted to maintain a certain appearance so that no one would be suspicious of her and Sean, I think she is doing that now. If you want to know who killed MIchael…..ask Michelle.

Anita Morena   August 26th, 2008 4:43 pm ET

Watching someone who will probably get away with murder is very difficult. My heart goes out to the Zammiti family and Roberts family. If he is found not guilty my belief in the justice system will be destroyed. Michelle Zammiti, she should hang her head in shame for the rest of her miserable life. Poor woman was not getting enough attention at home. How does all this attention feel now!!!!!

Lisa S. Norris   August 26th, 2008 5:22 pm ET

How could ANYBODY vote guilty on the absurd evidence in this trial? NOONE saw this man driving the truck, why would he kill him at work in the presence of others, HAS ANYONE LOOKED FOR ANOTHER BOYFRIEND OF THE WIFE????? I would bet she has one somewhere! I could not send this man to prison for the rest of his life based on the evidence at hand – I don’t know how anyone could…… IT’S CALLED REASONABLE DOUBT!!!!!!!!!

Judy Hubert   August 26th, 2008 6:39 pm ET

Sean is NOT GUILTY!!!!!!!!!! look for the real killer

final arbiter   August 26th, 2008 7:05 pm ET

Excellent job Mr. Defense Attorney!

Catherine P   August 26th, 2008 8:53 pm ET

I believe Fitz did in fact murder these 2 men. The EZ Pass information, coupled with the green truck having been taken from so many miles away/just near his home in another state, and the affair with Michael’s wife, clinches it for me. I can understand how some people could not convict him. Many people need very direct evidence like a literal finger print on a weapon at the murder scene. But circumstantial evidence is just as real and just as useful in convicting someone. It’s a travesty if Fitz is let go; however, I think that is what will happen here. Michele strikes me as being insanely needy. Fitz is arrogant but somehow I rather liked him. What an interesting case! A great look into marital infidelity and its possible ramifications….. Yikes.

Teddy Bear   August 26th, 2008 9:32 pm ET

I have read all the comments about jurors and have just one thing to say. Until you have served as a juror, until you have suffered the emotional and physical toll it takes, you have no right at all to call a juror stupid or idiotic or wrong.

Toni   August 26th, 2008 11:45 pm ET

I have been reading peoples comments on the Fitzpatrick trial. so many people assume he is guilty because of DNA on the steering wheel and car keys. OK did anyone think about the fact that if he DID drive the truck then why is there no DNA from Sean Fitzpatrick on the gear shift….or did they even test the gear shift for his DNA it makes no SENSE if he drove the truck to commit the murders that either they found no DNA on the gear shift or they did not bother to look for prints on the gear shift- (because if that should come back negative then they would have no case) Also why are so many people assuming the he is the murderer, based on what DNA on the steering wheel and car keys. So he has been their caretaker. Or do those persons assume he is guilty because he had an affair. This is strictly circumstantial and if you can vote guilty then maybe you do not understand the instructions that are given to jurors. IF YOU HAVE any DOUBT about his guilt then it would
not be doing justice to vote guilty. I need alot more evidence to consider this man guilty.

Vennessaa   August 27th, 2008 2:27 am ET

This is to Eliane
There is no smoking gun!!If they had the weapon the trial would have been over a long time ago. And this finger prints were ONLY on the streeing wheel,not even on the gear shift!!HMMM how can you drive a stick shift without using the gear shift??
And hung jury means they can’t decide!!so more hope for Sean. The wife should be so looked at.I just wished this could have been over with .
And to the person who made the comment about the jury being stupid, just put yourself in their position having to decide if a person should be put in jail for the rest of her/his life. And as far as this case goes there are so many holes in the prosecutions case that no wonder they are hung

Bonnie   August 27th, 2008 10:48 am ET

I am not surprised that this is a hung jury I my self have questions on both sides when it comes to this case.
I am not a 100% convinced that MRS.Zammitti is innocent in this horrible ordeal.

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