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August 26, 2008

Deliberations continue after "dynamite charge"

Posted: 11:58 AM ET

WOBURN, Massachusetts - Late Monday afternoon, the four men and eight women of the Fitzpatrick jury sent out a note indicating that after several votes they remained deadlocked.

So, first thing Tuesday morning, the jurors were brought into court and given a Rodriguez charge by Judge Kathe Tuttman. Often referred to as a "dynamite charge," the new instruction tells jurors to go back and give it another try. "There is no reason to suppose that this case will ever be submitted to 12 persons more intelligent or competent to decide it than you are . . . it is your duty to decide this case if you can do so conscientiously." With that, the jury resumed its deliberations.

But roughly an hour later, the jury foreperson sent out another note: "During our deliberations this morning, one of the jurors mentioned he/she had asked someone outside the jury about window replacement in trucks. Please advise." (The truck prosecutors believe Sean Fitzpatrick drove to/from the crime scene had broken rear window.) After discussing the issue with the attorneys, Judge Tuttman brought the jury back into the courtroom for yet another instruction. "During your deliberations, you may not consider any information gained from any source outside of this courtroom . . . in short, you are to confine your deliberations to the evidence, and nothing but the evidence . . ."

Deliberations continue and In Session will continue to bring live coverage of all the latest developments. 

-In Session staff

Filed under: Trials


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Wisdom   August 26th, 2008 12:05 pm ET

Reasonable doubt seems to be prevailing..

Jean   August 26th, 2008 12:19 pm ET

HUNG JURY

Jack T Peters   August 26th, 2008 12:20 pm ET

Sean Fitzpatrick is a weak predator not willing to face his justice. He is akin to Scott Peterson who sat in court and lied boldly to save his cowardly butt. He feels he has covered his actions. The note and the easy pass have sealed his fate in jail.

Liz Dickinson   August 26th, 2008 12:21 pm ET

Sean testified with the arrogance and confidence of a self-serving psychopath, lacking the fear that the jury would "see through him." That aside, the lack of evidence would disallow my guilty verdict if I were seated on the jury.

Dave P.   August 26th, 2008 12:29 pm ET

Weather or not Sean Fitzpatrick is guilty is not the issue. I have enough reasonable dout in my mind to cast a "not guilty" verdict.

Christine   August 26th, 2008 12:48 pm ET

Fitzpatrick comes across as well-rehearsed when he goes into great detail with his responses. My gut says he's guilty and Michele is involved... but where is the evidence for conviction? Hung jury!

Tom   August 26th, 2008 12:50 pm ET

1. The Prosecution can only say a truck similar to Fred Martin's was near the crime scene. It is not definitively the same truck. As the FBI analyst stated, the video evidence is inconclusive. I'd like a survey submitted of how many of these sorts of trucks are registered/owned within a 8 county region.
2. Even if Fitzpatrick's DNA is somewhere on the truck's steering wheel, again, the procescution, has not tied that exact truck to the crime scene.
3. There are other viable alternatives as to how the DNA was in the truck.
4 Gert's timeline may not substatiate Fitzpatrick's alibi, but again, it does not in any way link him to this crime.
5. Just because a defendent's personality isn't warm and fuzzy, doesn't mean they're guilty
6. No Motive, No Gain.
7. Why is there no video footage of the EZpass hit through the toll? This sort of evidence that can be created with the click of a button. The lack of this footage puts this evidence in doubt in my mind. The prosecution also refused to submit their timeline to the jury.
8. Prosecution has no physical evidence or proof, only a flimsy theory.
9. Michelle Zammitti's testimony is laughable. Crocodile tears, except there really are no tears to wipe away. She snivels, but again, no tears. Bad acting doesn't even begin to describe this woman's testimony. Conveniently, she remembers 2 YEARS LATER her statement, "only if something happens to Michael."
10. There is no physical evidence tying Fitzpatrick to the crime scene.

MRM   August 26th, 2008 12:50 pm ET

It is my impression that there are 11 Jurors that have come to a Guilty verdict and 1 Juror is holding out. My reasoning for that conclusion is that one Juror is looking at the truck window being replaced and possibly trying to lead the other 11 to even the slightest possibilty that someone else committed these terrible crimes. I am holding out hope that the 11 can get the Holdout to come to their same conclusion. GUILTY

R VanHorn   August 26th, 2008 12:50 pm ET

There is too much reasonable doubt in this case for me to hand down a guilty verdict. I applaud Sean Fitzpatrick for testifing in his own defence. I believe him and feel he is not guilty.

odis brown   August 26th, 2008 12:51 pm ET

if that was there summer home and they were only at the cottage once in awhile, why would the police assume thats the only affair that michelle had. if the marriage was in that much trouble there had to be someone else closer to her residence that she had an affair with. once a cheater always a cheater

willie   August 26th, 2008 12:54 pm ET

I personally think that sean and michele are invovled together in this murder. she constantly is looking down or away from lawyers and looks like she is looking for answers. he also is acting wierd on stand epecally for someone who is faceing life in prison. It will be interesting to see what happens to this couple if he is found not guilty.

Mike A   August 26th, 2008 12:57 pm ET

I agree with Liz 100%. I'm sure he probably DID do it, but that isn't enough to convict for life.

Also, if he DID do it, I feel that Michelle is SOOO close to conspiring to have Michael killed, she should be on trial as well. If I have to see her sad-sack, fakey mug on the screen anymore, I fear I will lose my breakfast.

N.H.   August 26th, 2008 1:00 pm ET

No matter what....
Michele is no known for the slut and whore that she is and will always be! I hope Sean gets off and stays as far away from her as possible!
You know she'll be calling him again!!!
Even while being set up by the police and her calling him, she still had the softness in her voice as she still loved him, even while SETTING HIM UP!!!
She's a drama queen that the Zammittis need to take her sons away and keep her out of their life!

Jack T Peters   August 26th, 2008 1:01 pm ET

Sean Patrick testified because that's what he is good at "Lying" He is just like Scott Peterson and BTK. He wants the spotlight but can't face the reality of his criminal actions. He is guilty and trying hard to cover up. A hung jury is a travesty of true justice.

R VanHorn   August 26th, 2008 1:02 pm ET

I also wonder how long it took Michelle to achieve that "poor little me frumpy look?

Tommy R.   August 26th, 2008 1:09 pm ET

Find him guilty, let his attorneys appeal, seat a new jury and see if you get a different result, he deserves to spend some time in jail for his lack poor morals.

Mary Finn   August 26th, 2008 1:19 pm ET

Any info on the civil case of wrongful death the Zammitti's have against Sean Fitzpatrick? Any info about Sean Fitzpatrick's house being burned down?

Shannon   August 26th, 2008 1:23 pm ET

Fitzpatrick created the note to throw police and neighbors off his trail. He didn't go to the police and say "please, I'll do whatever it takes to clear me as a suspect" or go to the family and give his condolences. Instead, he creates this letter and further torments the victim's family. What innocent person would do that? None! Guilty!

Jim Stuart   August 26th, 2008 1:31 pm ET

If it is a hung jury Fitzpatrick can still be charged with sending threats through the mail (Federal Crime ). He has already admitted commiting this crime.

Walter   August 26th, 2008 1:32 pm ET

Sean testified in his own defense, which of course is his right. My question is this: If a person is on the witness-call list, they are not allowed in the courtroom to listen to testimony. Sean was allowed to hear testimony from Michelle, which allowed him to think about how he was going to answer. What if he didn't hear what she said? What would the jury have heard from Sean? I bet it would have been different – they would see what a liar he is.

Robin - waltham, ma   August 26th, 2008 1:34 pm ET

If Sean Fitzpatrick pulled Fred Martin's truck out of the driveway, then his DNA would be on the steering wheel and the keys because he would have been one of the the last to drive the truck. Martin wasn't using it because he was leaving for Florida for the winter for 6 months. The defense should emphasize this!

J. MacLaren   August 26th, 2008 1:35 pm ET

Maybe "reasonable doubt" is unreasonable. This puts the jury in a horrible position of having to decide something that is hard to explain. Even after someone tries to explain it, it is still unclear. How many trials have we seen where the jury sends a question back wanting "reasonable doubt" explained? Maybe we should just let the jury decide a case on the evidence presented.

Nick   August 26th, 2008 1:36 pm ET

Oh please. This is not one juror holding out with 11 saying GUILTY. This is probably very much in the middle-a 7-5 vote either way. Maybe 8-4. It's not one person in my mind. You can tell when it's one person. This is not it. I am actually going to say that they may be leaning to NOT GUILTY now after the Rodriguez Charge because it was brought up again-the age old maxim: PROOF BEYOND A REASONABLE DOUBT. Notice the word "BEYOND."

N. Jackson   August 26th, 2008 1:43 pm ET

Fitzpatrick's conduct, making sure he addresses Ms. DuCharme the morning of the murder; DNA on Mr. Martin's truck steering wheel, yet no fingerprints (why is that if he was helping Mr. Martin with getting the boat out of the water); his carefully worded conversation with Michelle Zammiti, anticipating it would be recorded. If the jury would weigh Fitzpatrick's consciousness of guilt actions and his testimony and demeanor during his testimony certainly questioning his credibility against two witness who have absolutely nothing to gain by Michael Zammiti's death, the jury should be comfortable with a guilty verdict. Reasonable doubt does not mean no doubt, but that the prosecution met its burden. If the jury can't convict, hopefully it will hang giving the prosecution an opportunity to re-try this case.

harry jordan   August 26th, 2008 1:44 pm ET

it seems that trials are good tv, and that officers of the court are now only actors. in this case none of the elements are truely met, no gun, no eyewitness, little or no DNA, and the pickup, no tag, no one saw him in the truck on that day or that month. So my qestioin to the court is WHY!!!!! the trial there is no good faith reason for this trial

s   August 26th, 2008 1:44 pm ET

i've met sean, and there is no doubt in my mind- he did it. what has been ruled as inadmissable is a history of abuse and restraining orders against him.

Tina   August 26th, 2008 1:46 pm ET

There is no way based on the evidence provided i could cast a guilty vote. There is just too much reasonable doubt for me. It's a mans life they have to consider. Our system scares the crap out of me. There is always something that the jury doesnt get to hear or know about. How can they ever come to a fair decision without all the facts about someone.

Vicki   August 26th, 2008 1:48 pm ET

Does Michelle think that Fitzpatrick killed her husband? Do you think that if he is convicted that he will implicate her?

Rainey   August 26th, 2008 1:52 pm ET

Sean took the stand because he knows that the jury is stacked in his favor. 8 women! Women are known to fall for bad boy psychos like him. Serial killers get more mail than other prisoners, mostly from women in love with them. Although he is not particularly attractive he seems to be one that could charm, through his boyishness.
Perhaps in his retrial we could get a more balanced jury to put this boy where he belongs.

jim   August 26th, 2008 1:57 pm ET

everyone is focused on the lack of evidence at the crime scene or blood in the truck. The killer was only in the building at most 5 minutes and there was no struggle. he was standing far enough away as not much blood if any got on him. he wore gloves so not fingerprints and probably used the napkin found in the truck to move the gearshift. this boy is GUILTY as SIN

Peter A.   August 26th, 2008 2:00 pm ET

Lets see, someone else took the neighbors truck down to wakefield massachusetts and killed two people and brought the truck back up to newhampshire and no one saw anything.

Gina Londono   August 26th, 2008 2:02 pm ET

Sorry to say but everytime I see Sean Fitzpatrick on the stand I do not see emotions, he has quick answers for each question, he even look at the jury in a way that looks cold and controlling like knowing he is smarter than everyone ... is not only his misdemeanour is again the fact that he knows what to say for every single question, he even talk about weather, technology .... the fact that he was calling realtors in order to sell his house only shows to me how calculated he was to create aliby. I am so sorry the prosecution didn't cross well enough to crack him down ... I hope we go to a second trial where his guilt will be proven over any reasonable doubt, because is hasn't here but yet I believe he is so guilty. I do not see Michelle guilty, what benefit she would get from it, she was confused but did not wanted to leave her husband and that was proved ... unless there was a nice life insurance I am not aware of.

teresa dokter   August 26th, 2008 2:03 pm ET

did every analyst miss sean fitzpatrick putting his middle finger to the side of his head during michelle's testimony?
an affair of the heart??less emotionally involved than if they were just having sex??
smoking gun.....did they drag the lake??(next to his home?)
he's so guilty

Audrey   August 26th, 2008 2:06 pm ET

I have watched this trial from day 1.
If Fitzpatrick was capable of committing such a crime of intense want of this woman, how could he possibly have offered himself up on the stand and be so cool and calm?
As both himself and Michelle have admitted, this had not yet become a physical relationship and it obveousely appeared as though Fitzpatricks intentions were to remain a confirmed bachelor.
I truly believe this man is innocent. Go after the person who wanted the second victom dead.
If the Jury comes back with a guilty verdict, this will be a classic case for appeal.

Liz   August 26th, 2008 2:08 pm ET

What planet are these jurors inhabit. In my opinion,This Dud Fitzpatrick is a jeckle-Hyde character with much to spin. Think of all the women he has conned and what else he has instigated.
Put him away for good. Thanks,
respectfully submitted, Liz

Karen   August 26th, 2008 2:08 pm ET

Has anyone ever tought that just maybe his wife killed her husband n co worker. When the wife was on the stand to me she did not look like those were true tears coming from her. And for her to be calling him after the murder would be the last thing on my mind to be doing. I think the wife did it. Nobody would expect her.

Judi   August 26th, 2008 2:08 pm ET

This man is soooooo inocent! Why else would he testify & put himself in a bad situation if he was guilty?
Judi
Texas

Janice   August 26th, 2008 2:08 pm ET

I believe that Sean is "Not guilty" there is not enough evidence to form a guilty verdict, but I do believe that Michelle is "guilty" of something to do with this crime and I believe that Sean is "covering for her out of love" I don't believe she herself pulled the trigger, but I believe that someone else did and she knows who it is, and Sean knowing that there is not enough evidence to convict him is covering for her, 30 phone calls after the murder, she knows herself that he is "innocent" and I think that him going on the stand is proof enough that he has nothing to hide.

B McNamara   August 26th, 2008 2:08 pm ET

Why didn't they question the wife more on the issue of his parents pressuring her to say half of the things she said. Surely they are now influential in her recall of the facts.

Julie Wilson   August 26th, 2008 2:09 pm ET

Why couldn't Fitzpatrick have worn another outfit, plus rubber gloves and been sucessful in getting rid of those clothes on his way home from the murder scene. Put those bloody clothes in a garbage bag and put in trash somewhere. He just got lucky the cops didn't find them. That would explain why more DNA was not in that truck.

Angela G.   August 26th, 2008 2:10 pm ET

Mrs. Zammiti looks very disconnected. Has there been much information about her possible involvement in this? Could she have hired a hitman and now her lover is being tried for the murder? She looks very guilty!

Angela
in Texas

nancy weber   August 26th, 2008 2:12 pm ET

Fitzpatrick is guilty

JIM K.   August 26th, 2008 2:12 pm ET

This case should have never come to trial. This is a waste of tapayer's money as well as no evidence whatsoever. It only proves that cases that come before a grand jury are almost always brought to trial!!!!! NOT GUILTY, SEAN go home!

r.e. wolfe   August 26th, 2008 2:12 pm ET

if he is guilty, he's cool under press–looks innocense. plus the prosecution has not proven their case. reasonable doubt has to come in not guilty.

teddyb   August 26th, 2008 2:13 pm ET

Has anyone put fred's truck in massachusetts?
Did sean decide to kill michael then move in with michaels wife and fam and live happily ever after?
I'd love to get a look at Gert's daughter.
Didn't seans house burn to the ground?
Why dont we hear about this if it happened?
Where has michael sr been?
Has sean been in jail since he was arrested?
Whats up with a civil trial?
Has sean tried to hide money?
Does sean have any family at all?

Call me curious

Beth   August 26th, 2008 2:13 pm ET

I believe Fitzpatrick is guilty but opinion is not what a verdict should be based on. There is too much reasonable doubt. Unfortunately, the prosecution did not present enough evidence to convict.

Silvia M.   August 26th, 2008 2:16 pm ET

My heart goes out to the victim... Mr. Zammitti, from all accounts he was a good father and a very responsible provider. Sad that it seems that is just not enough for partners who end up in affairs -

Klaatu   August 26th, 2008 2:16 pm ET

There are "several jurors"... my guess is 9 guilty 3 not guilty...this prosecution was woefully inadequate...they didnt prove anything but the defendant and the wife of the murder victim had an affair...that's it..

How crappy was the forensic examiner that testifed about the defendant's DNA being on the steering wheel of the truck...c'mon folks if this was you, you would surely want your verdict to hang on more than an affair, nonexistent finger DNA, a smarmy cross-examination by a DA that knew he didnt have the case well presented...and no matter how he spoke to the defendant, Fitzpatrick was calm, cool and logical in his responses...

So the DA should just suck it up to experience and the next time he has a case, DO YOUR JOB

dixie   August 26th, 2008 2:17 pm ET

Where is Fitzpatricks family ? It seens odd that he has no one To support him.

collen C.   August 26th, 2008 2:18 pm ET

he did IT with the help of MICHELLE....... but they did not prove their case HUNG JURY.

Walter   August 26th, 2008 2:30 pm ET

If the jury remains hung for this trial, I wonder if putting Michelle on trial alongside Sean would make a difference? I don't buy her as a "victim" at all, and wonder how she made out financially.

mike faber   August 26th, 2008 2:33 pm ET

I am 56 years old and every time i loved a woman and it didn't work out i moved away a couple of states or more.It made the pain of not having her easier to deal with.I'm with you Mr.fitzpatrick !!!

deanna   August 26th, 2008 2:33 pm ET

not guilty wife is more guilty

Carol   August 26th, 2008 2:35 pm ET

There is reasonable doubt but I feel there will be a hung jury. Michelle is not telling the whole truth and there is something fishy in Denmark oops I mean Freedom, New Hampshire.

Ange   August 26th, 2008 2:47 pm ET

I agree, guilty, let the attorneys appeal. He fits the profile of a sociopath just like Scott Peterson. He testified so that he could tell "his" story the story only in his mind. He is doomed whether in jail or out. The widow should be ostracized along with him. She is not innocent, if she did'nt care about her husband she should at least care about her children, they are forever scarred.

Thierry   August 26th, 2008 2:48 pm ET

Questions

1 The defense and the prosecution did they established that cell ph
call was or was not made after gert was seen.

2 The missing guns fr the zammitti hse? Could it have been a
ZAMMITTI?

3 With the lot cameras the image of a driver wasn't captured? And if it
was why wasn't it used?

4 Could the failure of this footage be an alibl for sean?

5 During testimony zammitti never looks at anyone she looks to the
ceiling and avoids eye contact with anyone. I think she has more to
hide.

6 I think this is a set up

I don't feel the prosecution proved its case. The Zammiti's had the same knowledge about the neighbors as sean. Mom walked in on the wife and tossed her hands up. If I were the mother I would have done more than that. My grandchildren are there and its my sons new cottage. This would not be my only reaction. I think looking into the families background deeper would be my course.

Mitchele states she called her husband and he said fix it or I won't come well did she and did he show up? This is unanswered for me I can only believe the same for the jury.

Sorry state not guilty

Lisamarie   August 26th, 2008 2:54 pm ET

He did it. Or, did she do it, and he is taking the fall? They planned to live happily ever after when she collects Life Insurance and he is cleared on charges? Either way, he is SO guilty.

donna   August 26th, 2008 3:06 pm ET

I don't understand how anyone can DOUBT that this man did these crimes. The DNA on the truck as the primary seals the deal for me. He OBVIOUSLY touched it recently or Fred Martin's would be the primary.

And PUH-LEEZE, we don't KNOW that it was the Martin's truck? Just HOW much of a coincidental world do you think we live in?? Things like that don't just happen in the real world.

He is guilty and I pray the jury comes to their senses.

Patricia   August 26th, 2008 3:23 pm ET

There is enough reasonable doubt for me. Could Michelle have had it done by someone other than Sean? There sure seems to be something missing here which in my opinion creates reasonable doubt.

Ron   August 26th, 2008 4:10 pm ET

Did videos of the truck at the crime scene show any damage to the rear window?

The father supposedly had chest pains after the murder. Did he actually have a medical problem? Was he tested for gunpowder residues?

Kathy T.   August 26th, 2008 4:10 pm ET

I muct have miss somthing, why is sean in jail waiting for this vertict. Was he not able to bond out. Would somebody please blog me with this info, THANKS

Heather   August 26th, 2008 4:12 pm ET

I know Sean, and he is more than capable of all of this. The scams he has pulled off in his life and the retaining orders for years from Crystal could choke a horse. This is his karma coming back to bite him.

Doug   August 26th, 2008 4:22 pm ET

Without reasonable doubt? There should be a lot of doubt in the mind of these jurors because there is no physical evidence to convict this man! There is definitely reasonable doubt in my mind and I would have to find Mr. Fitzpatrick NOT GUILTY!

Doug   August 26th, 2008 4:27 pm ET

Has the police department investigated the wife? Why has Mr. Fitzpatrick been the only person investigated? This case is primarily based on motive to the best of my knowledge. The wife would also have motive so she could be free of the marriage without divorce...investigate her!

Linda   August 26th, 2008 4:30 pm ET

I would love to see a statistical analysis of the probability of all the coincidences in this case. I think it would conclude that Fitzpatrick is the killer.

ANNIE   August 26th, 2008 4:38 pm ET

THERE IS SOMETHING MISSING FROM THIS TRIAL, THERE HAS TO BE SOME EVIDENCE SOMEWHERE, MICHELLE IS A GUILTY AS HIM NOT A GOOD INVESTIGATION. PROB BE A HUNG JURY AND RETRIED HOPEFULLY WITH MORE EVIDENCE, I WOULD CRACK MICHELLE SHE KNOWS MORE AWFUL ACTING.

Betty Rallon   August 26th, 2008 4:50 pm ET

I think the prosecution should let this man go, and find the real killer.
As for Michele, like so many other people, she is holding back on something.
Betty Rallon
Canada

Angela G.   August 26th, 2008 4:51 pm ET

Patricia, you have it. Look at HER!!!! She is freakin' guilty of something! And, you don't remember things you say years after it happened....like "we can only be together if something happens to my husband" verbatem. We remember in ideas instead of exact detail. She is afraid she is next on the chopping block and true justice would be to focus on her involvement. One last thing, affairs of the heart can often be more powerful than actual sexual affairs. In fact, I think they are more devisive than actually just going through with it!

melissa   August 26th, 2008 5:09 pm ET

Who else has michele Zammitti had affairs with?

melissa   August 26th, 2008 5:20 pm ET

Gee....if we could all figure out when & where Sean got his coffee, we could committ him of this crime????
NOT GUILTY

Connie   August 26th, 2008 6:18 pm ET

Well it would seem the jury could not come to a decision,my only hope is this guy must stay in prison until the next trial.

I do believe Michelle played a bigger part in this then she lets on. I am sure she made sure she told Fitzpatrick every time they spoke that the only way they would ever be together was if something happened to her husband. Didnt the jury hear her say that??? HELLO!! MOTIVE.

Maybe this guy was actually trying to get away from her but when he pulled away she would start calling him over and over, like the 30plus phone calls from her the days before the killing. Was she calling him to make sure their plan was still a go??

Maybe she figured why wait for a divorce and only get half her husbands money when she can have her lover kill him and get all of his money.

She is not a victim ,she played a major roll in this.
The next trial I think they should put her on the stand and get her to admit (1) she told Fitzpatrick that the phone call she made to him was being taped. (2) Find out how much of a life insurance policy her husband had and how much money she ended up getting.

And for the love of GOD if Mr.Stud wanna be takes the stand again get another prosecutor who will go after him and instruct him to only answer yes or no to the questions, who gives a crap about his life story that he was so eager to tell. My impression, he loved being on the stand and given the chance he would of said,"HEy look at me,I have a married woman who wont leave me alone,just called me Mr. Stud!!

Also In the next trial I think they should put his X girlfriend on the stand and have her tell the jury why she had to get a protection from abuse order on Mr.Fitzpatrick. Sounds to me like he does not handle rejection very well. I am also sure Michelle knew this and jerked this guy around every chance she got, telling him, I love you Honey but nothing can happen until something happens to my husband..and 3 weeks later her husband is killed.. NO MOTIVE the defense said??? were they in the same court room as the one I was watching on TV?? was the jury??

Sandra Taggart   August 26th, 2008 7:05 pm ET

As a court reporter for 24 years, I've observed many witnesses on the stand with grave consequences at hand. Sean took the stand, I read his aura, along with listening to his testimony and taking down every work, during his 2-day ordeal like I'd done with thousands of people over the years, and although he wasn't the perfect defense counsel's man, he held his own. As court reporters, we get into a Zen mindset of recording every word for hours at end, yet sensing something above the viewers' (and principals) fundamental Q and A (question and answer) banter that's often been rehearsed and PAID for by the State. The male prosecutor was the worst state's advocate that I've EVER seen – go back to first year law school, start over, or go before the JQC (Judicial Qualifications Commission) for sanctions and lose your license – and don't present yourself on television more
immaturely than Sean. Who is HIS supervisor and why was he selected to prosecute such an important case of double murder?
I can certainly understand why the panel of jurors hung on this one. Please present 2 competent prosecutors next time or let the guy go free. The defendant can't still be attracted to this overweight, dingy-looking woman of questionable duel guilt who made no effort to even look presentable at trial, so he certainly wouldn't commit another crime, if he did this one, for someone so unattractive in so many ways.

Delores   August 26th, 2008 7:15 pm ET

What's bothered me a bit through this trial is the the testimony of the Wakefield police officer who found the video tapes of the trucks. He testified that when he was checking the time stamp on the video systems at the two businesses who had video surveilence each system was off to his watch by, in one business + seven or eight minutes and the other business – 7 or 8 minutes. These excact time differences perfectly coincide with the prosecutions timeline. Isn't that a bit of a conincidence? Made to order wouldn't you say? Definitely reasonable doubt.

John   August 26th, 2008 7:39 pm ET

The "Prosecution timeline" could not be entered as evidence because it was FANTASY! Tne EZPass was a New Hampshire EZPass and had nothing to do with MASS tollways!!!!! Nothing ties Sean to the crime scene!

Kitty   August 26th, 2008 9:28 pm ET

I think the trial came out just like it should have given the evidence the prosecution gave. I still say they should look more closely at the wife Michelle. She clearly had the most to gain by his death. Why did'nt anyone check on that?

eleanor   August 26th, 2008 9:29 pm ET

i watched most of this trial and i came away convinced he was guilty and likely a sociopath. those type of people often are smiling at you while giving you a hug and stabbing you in the back. from what the wife said, she was taken in by a soft spoken man who always said what he thought she wanted to hear – i think she was a total victim of attention she didnt get from her husband. and that horrible letter, give me a break, no kind, soft spoken sane man could have done such a thing, thank you.

Nick   August 26th, 2008 10:23 pm ET

If coincidence were established beyond a reasonable doubt, all defendants would be guilty as charged. We know that is not the case. There are a lot of people convicted each year for crimes they did not commit because of these coincidences and only years late do we seem to learn that OOPS, we made a mistake. As I have said before, I would rather let 100 murderers go free than let one potentially innocent man spend the rest of his life confined to an 8×10 cell. And you would ask the same if it were you on trial.

diane   August 26th, 2008 11:26 pm ET

I think when the next trial comes they really ought to consider a NEW PROSECUTION TEAM. It seemed to me they were all over the place with this and most likely lost the jury along the way. At times this trial was just sooooo confusing. They skipped around so much with the DNA evidence, not making things very clear at all. I think he is definately quilty.

Emily Moritz   August 27th, 2008 12:55 am ET

I have felt there has been reasonable doubt . The other thing that didn't ring true to me was that if the wife of the murdered man really wanted to stay with her husband and break it off, why did she keep calling her boy friend and seeing him. That would be giving him mixed messages and leading him on... if you want to break off a romance you do it.

Emily Moritz   August 27th, 2008 1:08 am ET

I also wonder how the murderer knew that Michael would be in the office. His father was usually in the office early also. Maybe the father was the one that was supposed to be killed.

Reen   August 27th, 2008 1:37 am ET

First of all, Odis, I agree with you.........."once a cheater, always a cheater" As they say, "If they'll do it with you, they'll do it TO you."

I believe both Sean and Michele are guilty of BOTH of these murders. Nobody mentions the other man that was at the wrong place at the wrong time. Michael has gotten all the attention. I feel so bad for both families and for both of these men, who's lives were wiped out by two selfish lovers who don't give a dam about anyone but themselves. But I'm a firm believer that there is no such thing as true happiness at the expense of someone else. They'll probably continue to see each other, cash in on Michael's life insurance and may even believe in their sick, selfish minds, that they will live happily ever after..........but I have news for them...................There is no happy ending here. They destroyed many lives, including those precious children's lives, and I see only darkness in their future together.

Jay Kennedy   August 27th, 2008 2:11 am ET

She couldn't even look directly to the attorney's when answering or responding to questions. Sob sob slob!!! She has not even been charged for soliciting to murder... She says something has to happen to Michael for her to be with Sean. Hmm, sounds like someone soliciting to me. I find her father inlaw to be supicious also...

Antigone   August 27th, 2008 2:36 am ET

Well, the jury is hung. If I'd been there I'd have voted not gulty. What finally convinced me is the fact that there were tire tracks that were checked. If I remember correctly, about 10 sets of tires were found and checked. No match with the neighbors truck. I really can't believe that anyone would park a truck away from the scene and walk down the street or road with a shotgun in his arms. That would make it much more likely he'd be seen by passerbys. Those in the building would have more time to see him approaching with a shotgun. I also couldn't believe that the premise of prosecution that Mr Fitz broke into houses to steal guns. At least 19 burglaries had been in the area close to where he lived. I would have liked to know about the other man murdered. What did anyone say about his lifestyle or who might not like him? Too many unanswered questions for a guilty verdict from me.
Antigone

jerry   August 27th, 2008 7:53 am ET

It is irrefutable that Sean's neighbor's truck was a key to his being arrested for these murders. If he wasn't the one that did it, it had to be someone from his neighborhood that had the same knowledge about this truck and his neighbors as he did. Does someone on this jury really believe that it was just coincidence that someone else took Sean's neighbor's truck, the morning of the murder, and went down to Massachusetts to kill these people ? The problem is, Sean is the one with recent DNA on the steering wheel and he had motive. No one else had either of these.

BERNIE   August 27th, 2008 9:59 am ET

This was completely a " he must of done because of the affair".
case. No critical physical evidence, no evidence that Sean had
owned or had access to a shot gun. If no video of the Martin
truck going thru the toll both(s), how reliable is the transponder
evidence. No blood,or cement dust residue in the truck.

No wonder the jury is hung. And which jurors could find
hime quilty beyond a reasonable doubt.

lucille   August 27th, 2008 10:50 am ET

Sean Fizpatrick is guilty as hell. How anyone could think that with so much evidence linking him to the crime, could possibly think he is not guilty, boggles my mind.

Tila   August 27th, 2008 11:08 am ET

This man is not GUILTY. Why did Michelle tell him, that the only way they could be together was if something happened to her husband. She probably did it with help maybe from another lover. But Fitzpatrick didn't do it.

Connie   August 27th, 2008 12:02 pm ET

I posted on here yesterday but my post are not here anymore,so I will repost:

I think when Mr.Fitzpatrick is retried and if he once again intends to take the witness stand,the chair should have current running thru it and every time he lies it should send a gentle current to him,I think if that was the case by the end of his testimony his ears would be smoking.

This man got on the stand and admitted to lying to his best friend, lying to Michelle about going back with an old girlfriend in hopes this would force her to make the decision to leave her husband.

He admitted to telling one lie and then having to tell another lie to cover the first lie but his lawyer wants us to believe he got on that stand and told the truth??are you kidding me. Fitzpatrick wouldn't know the truth if it slapped him in the face. He lied to his friends, he lied to the "woman he loved' and as far as I'm concerned every word out of his mouth one the stand was a lie.

His lawyer wants us to believe that lovely neighbor was lying about the time she saw him?? Who had the most to gain from not telling the truth on the stand?? The grandmother, the owner of the truck, all the other witnesses or Fitzpatrick??these other ppl had no reason to lie,,Fitzpatrick did,he knows what he did and so does Michelle.

Linda   August 27th, 2008 1:39 pm ET

During the trial, I changed my mind many times ....No matter what the outcome, I think Michelle is somehow behind it !! Her heart is broken that her "lover/friend" GOT CAUGHT for something she wished for !!! Prosecutors, WAKE UP !!!!

Nick   August 28th, 2008 3:40 am ET

If the window doesn't fit, you must acquit.!

bob   August 28th, 2008 1:49 pm ET

why no bail? What about Michelle?

sandi reyes   August 28th, 2008 4:57 pm ET

I do believe that Sean Fatzpatrick is innocent,I think the victims family business had something to do with it.I also believe that Michelle is still in love with Sean.I hope that when he goes to trail again he will be found innocent!

Nancy   August 29th, 2008 2:08 pm ET

This man is not guilty. He is very laid back, and really is not the kind of man to hurt anyone. The father of the victim was not a very nice man, however, and this is where we can find someone with a motive. Someone who wanted to hurt the father– and he did! A relative who was suing him also had motive, access to the house, and access to the truck across the street. He or someone like him is the murderer.

Larry   September 2nd, 2008 3:03 pm ET

Another case where Banfield & Ford inserted their opinions into the facts of the case and caused the Jury to deadlock. Hopefully, the State of Ma will retry the case and exclude B&F.

Jay   September 4th, 2008 1:14 pm ET

I feel that this man may be guilty, however, the burden lies on the prosecution and they have done a sloppy job. Why on earth did they allow this man to go on and on with each question asked? Hope they have a new prosecution team and better approach. The law is what it is; if there is reasonable doubt, you cannot convict.

Lani   September 5th, 2008 6:54 pm ET

A classic case of reasonable doubt. Enough said. No smoking gun.

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