Mistrial declared in Fitzpatrick case

Ansence of physical evidence?? DNA DOMINANT on the steering wheel folks! Video of the truck at the cement company, all the EZ Pass records, and the letter that Sean 'wrote' to the Zammitti family. There is both physical and circumstantial evidence in this case, lots and lots of circumstantial evidence. Feel terrible for the families of Michael and Chester, and of course the prosecutors who worked so hard to prove Sean the killer. RETRY this case, definitely. I would have had absolutely no reasonable doubt as to Sean's guilt. What a shame, can't wait to hear from the jurors.

I expected a mistrial in the Fitzpatrick case, I as one, did not think he was guilty. Why? Because why would someone be so dumb and sent the kind of note he did and allow enough DNA to remain on it so that the Police would know who did it, but according to the Prosecution, wiped down all but the evidence on top of steering wheel. You can not have it both ways. Either he is a calculating murderer or NOT GUILTY.

Will we ever get to watch a second trial? What is the policy of In Session? How disappointing.

There was plenty of evidence against this man – I cannot believe the jury could not reach a verdict. I pray the DA will retry this case.

This is a sad day for Sean. He has been in jail for 2 years now waiting for this day and this has to happen.
I say, along with alot of others that he is not guilty.
That the cast only went one way from the start, no one ever looked at other leads. And there is plenty of those.
With him sitting in jail as long as he has already, you know he's lost every thing. What more would he have to lose, nothing thats why he sat there and told the truth, yes, some things may have taken a little time to remember but, hay he's been in jail for 2 years, not much to think about in there.
When they talked about the truck, the lady said that she did not Know if that was the truck or not. There was no blood in the truck. No gun, no bloody clothes. Nothing, just a fling with the wife.
I dont know about you but this is so clear cut, they have nothing on him because he is not guilty. But now he has to sit in jail ,may be tomorrow may be next year. Sad.

I'm not surprised.... Now what? I assume they'll re-try him.

I think he should have been found guilty. I hope they retry the case with smarter jurors next time. Meanwhile he is still in jail. That's good.

Mistrial...How sad that an (innocent) man now has to spend more time behind bars while they now decide to go forward with a new trail. Get real people!

Judi,
Texas

I assume this means another trial at some future date.

Who gets the movie rights for this?

in all honesty, this is the best verdict the prosecution could have hoped for with the flimsy evidense they presented. when they try him again, they had better have some good solid concrete evidense or the result will be the same. they have to find a way to tie him to the crime scene, or find something that they may have missed at his home to tie him to the crime. just his dna in the truck is not ever going to be enough to get a conviction. just my opinion.

My respects to the jury! I couldn't convict on the evidence with all the camaras rolling now a days why didn't we see him at the wheel.

Well, that's that, for now.

What's next? Does Sean F. get bail or can they still keep him in jail in case of a re-trial? How fast could that happen?

After yesterday and especially today, it was pretty clear that the jurors' had reached an impasse on these charges. I have mixed feelings, sympathy for the families of these two men and their grieving families, and also, sympathy for Sean F., because I don't think the prosecution really proved their case.

Also, the jurors must be crushed by this. They just couldn't convict the man without physical evidence.

What do the rest of you think?

I am so glad for the judgment. Even though I thought he was not guilty, maybe the prosecution will look at other motives by other people before putting him through this again.

My heart goes out to the families of all involved. This is such a tragedy.

I new it would be a mistrial after the seventeen hours that the jurors were out just like the spector trial.

WOW. Given what that note said, I would be curious to see what the prosecution does next.

what happens to him now. Mistrail is not NOt GUILTY

what else would you expect from mass. one of the most liberal states and eight women on the jury.what else did they need it was common sence,who else,the truck,the letter to the family,his best friend.they bought into the defense and all their garbage. the only thing the defense has to do is create dought.

Another sad day in this country . Only takes a few special people to screw up the works. Back to the two piece puzzle. Or my favorite they could screw up a steel ball. I think I just herd Mike Jr. and Chester roll over in there graves !!!
Just one more person (Sean) in this world with no guts to stand up for his actions. It's ok to murder, turn him out in the real world and with some luck will find him hanging from a tree somewhere. Real justice.
It's not possible that anyone else on the face of the earth killed Mike Jr. and Chester.
To the families of these two men, may you find peace one day and justice for ALL.

I can't believe this ,. now this man has to stay in jail, waiting a new trial. why can't he bond out, under these surcumstances, will sombody please explain. It's obvious he is not guilty, there just wasn't enough evidence. HOPEFULLY NOW THEY WILL START LOOKING FOR THE REAL MURDERER. In the mean time , Sean Fitzpatric, will still have to pay, and suffer through another trial. I also feel very bad for theZimmitti family, Maybe they will have a change of heart and realize that sean did not murder there son.

Some people just don't have the "power of discernment". Mr. Fitzpatrick is obviously a skilled liar and I fail to see how anyone would believe the evasive stories he told on the witness stand. His neighbor's truck had Fitzpatrick's DNA in it, the truck was on video at the scene of the crime, and the EZ Pass hits that same day in MA. The man cannot account for his whereabouts. What more evidence do those folks want? What a waste of taxpayers' money.

It is such a shame that this has become a mistrial. Does that mean he cannot be tried again? He is quilty as sin but sits there with a smug look on his face and all the audacity of someone who feels he shouldn't be there!

It seems pretty evident to me that he is innocent. He remained cool, relaxed and unremorseful because he didn't do it. How could he be remorseful over an act that he didn't commit? They jury should have come back with a guilty verdict because of the lack of evidence. I believe the cops looked at him and declared him guilty by association.

What is the matter with people on the juries these days? Do they want to be able to view the crime being committed before they can vote guilty??? This guy is such an obvious liar and had the motive to do this for his own benefit. From the O.J. jury to this and many others I have watched on court tv, I am sick of do-gooders and their weak spines. I pray the D.A. office will re try this double murderer and get the verdict he deserves!

I was sure this would be the outcome. In Session veiwers are notoriously pro prosecution and when only sixty some percent of viewers felt the prosecution case was strong it made sense that the jury would be similarly split. It is very disappointing that Sean Fitzpatrick who has already spent more that two years in jail will have to continue to stay locked up for a crime a jury refused to convict him of.

A mistrial is not a surprise. I would have found the defendent not guilty.The defendent's testimony was credible, there was no blood in the alleged getaway truck, and no DNA on the gearshift.. The timeline as presented by the prosecution was successfully challenged by the defense.
I hope a new trial is speedy so Sean can go home and put this nightmare behind him.
Susanne, WA

This is very much what I expected, and agree with the jurors who stood their ground and refused to vote guilty while there is such obvious reasonable doubt. Whether he did it or not, it was not proven by the state.

With no direct physical evidence I would have found it impossible to convict Sean Fitzpatrick for murder. No blood, no fingerprints at the crime scene, no DNA on the shift in the truck and I thought his testimony was convincing.

Mistrial? So what now ? Does this man have to remain in jail for two more years? Has he been given a bond hearing ? He should be allowed to be out of jail while this second trial goes on. It is a total waste of taxpayers money to try an innocent man twice. Some of the juries stated they couldn't find him guilty without physical evidence and there isn't any so it will be the same result next time. I think the charges should be dismissed and the police need to find the real killer.

This was a tough one to call.No one wants some one who is guilty of a double murder to go free.But then no one wants an innocent person to go to jail for the rest of their life.I believe Mr.Fitzpatrick may have killed these two innocent people,but there were so much of "REASONABLE DOUBT" in this trial.

Mr.Fitzpatrick was, to me his worse witness.I did not like his answers at all.Had I been a member of the jury ,his testimony may had help me to vote "GUILTY".

marvin
no.la

I agree with the jury. There just wasn't enough evidence for me to vote guilty with out reasonable doubt. Did anyone ever look at Michelle? She sure was emotional throughout the trial, which seems a little fishy for someone who admittedly didn't love her husband.

Let's face it, there was more than reasonable doubt! Put the puzzle together: hmm, ex-lover was life w/wife of friend...wife would want it too...next door neighbor's car is stolen, driven the amount of tolls up and back needed to go to the business from the Def's. house, the picture of a truck similar (or the same one) is seen on the video of the parking lot, Def's DNA on the " stolen " truck's steering wheel (neighbor says Def. had never been in it) and he creates a letter to throw off suspicion sent to the grieving family. Oh, and HE HAD MOTIVE!!!! Where did they find that box of rocks for that jury. No physical evidence. Maybe he's smart...Rocket Scientists! Someone did burglarize 3 neighbor homes AROUND the DEF's., but not his!!!!

That is just ridiculous. The Justin Barber murder case in Florida a couple of years back was a circumstantial case with no physical evidence. He also tried to remove suspicion from himself, not by a "letter", but by self-inflicting multiple gunshot wounds to his person, yet he was still found guilty 100% for his wife's murder.

I would have thought these jurors would have been filtered for the ability to convict on circumstantial evidence alone during the selection process. What a waste of the taxpayers dollars in this and whenever the new trial will be. Hopefully, the screening will be a little/lot more thorough, and that justice will be served and Mr. Fitzpatrick will be rightfully convicted on the facts presented in this case

also, he shot himself multiple times to make it look like he was also a victim, yet he was still found guilty.

This has been the first trial that I have not been able to decide one way or the other. Evidently, some jurors felt the same. I would like to see them search for another person of interest in this case; like some unhappy customer who knew about the affair and wanted to set Fitzpatrick up.

Guilty, guilty, guilty! It looks like Fitzpatrick's glibness fooled the jury.

Hopefully they'll get him in the next trial.

thank God they didn't convict an innocent man attention need's to turn to the wife and what she know's

jurors today seem to confuse reasonable doubt with proof

Hey folks, the truck did it! All I can think of is if Sean were me. If you ever wanted to frame someone, the truck and the IPass were the only things that could ever tie Sean to the crime. There is no physical eveidence that ties Sean to ANY breakins to include a 16 GA shotgun, No eye witness to tie Sean to the concrete business, NO gunshot residue in the truck, NO blood on Sean or in the truck, no concrete dust, no footprints, no tire tracks, no prints (despite DNA evedence in truck), and no murder weapon. Sean may not be the sharpest tool in the shed, but would anyone actually think if she (Michelle) actually said "the only way we could be together was if something ever happened to Michael" could bring them together is a complete idiot, and not a calculating precision killer. I think the Commonwealth should release this man and seriously reconsider another farce trial.

Wow! Maybe the prosecution will look at some of the other players now. He is creepy but a guilty verdict may have been unsubstantiated by the "evidence". This will probably take 6 months to a year or more to re-try I bet.

I think he probably did it. but i could never vote guilty with the lack of evidence,there is tons of reasonable doubt. and you cant put someone in prison for life with all that doubt.

thearis know way that hedid this he should be let free they have not proved that he didwell on the stan he would not taken thestan if he was gulty he could not be in too places at the sametime he sad he was stalinbedthe proster cant have it both waysthey just ontto when tobad.

You know, I was on the fence on this one, leaning to one side and the other, back and forth, unable to come to a final decision. Had I been on that jury, I know that it would have been even more difficult to come to a conclusion, since my opinion would have mattered. In the comfort of my home, it matters only to me. From my gut, from the circumstantial evidence, from SF's demeanor, from the inconsistencies, I would convict. But then, the lack of physical evidence is a problem. I hope that he is retried.

Thank God that some members of the jury would never convict someone for these murderers without any physical evidence! My prayers have been answered!
Maybe the Commonwealth will smarten up and never, never, never try to prosecute someone for such an horrific crime without any evidence – only a story they contrived! I also hope that Sean will be able to get out of jail on bail – he's suffered enough at the hands of these buffoons!!! I only hope that when this is finally – totally – over that he is smart enough to move far, far away from this 'Pack of Wolves'.
God bless those jury members!!!!!!!

I feel the prosecution didn't present the right evidence to tie Sean F. to the case. There was no blood splator or his blood in the truck.. If they retry the defendant they need the right evidence/

This is the worst possible outcome...even worse than delivering a 'guilty' verdict. Sean Fitzpatrick is NOT GUILTY and now he has to sit in jail until another jury can sift through this mess. Sure you could argue that the evidence presented could make him a suspect. But, c'mon people...there is way too much reasonable doubt!! How do you shoot 2 people with a 16 gauge shotgun at close range and walk away with not a spec of DNA on you? This jury wanted to believe he was guilty. it's human nature....you have a defendant and he's the only one in question...so it's easy to just assume he's the guilty party. To the state of Massachusetts: you've got the wrong man on trial....do your job and keep digging. Sean Fitzpatrick is an innocent man!

I realize two people were murdered but I can't understand how they think anyone would find Fitzpatrick guilty with all the loose ends and exculporary evidence. I would like to know why they didn't try harder to find the real culprits instead of this defendant. If he were guilty he would have to be tried with Michelle the one who never stopped bugging him about her husband. She certainly requires a lot of attention! I never heard her say she loved her dead husband or was sorry or missed him. Her tears were all for herself. She is a real piece of work!

I am amazed that the jurors could not connect the dots in this case. DNA on the truck's keys and steering wheel, truck entering and leaving Massachusetts at the appropriate times were enough for me.

FIND THE MURDER WEAPON, THAT WILL PUT SEAN AWAY IN THE NEXT TRIAL.(HINT, LOOK NEAR THE LAKE'S SHORE LINE)

WHY DIDN'T GURT'S NEIGHBOR, MILLIE TESTIFY TO THE TIME SHE WAS TAKEN TO THE GARAGE?

Thank God for the people on this jury. I'm only sorry they could not reach a NOT GUILTY verdict in this case. It's really a shame Sean has served two years in jail for no other reason than having an affair with the victims wife. I hope the State thinks long and hard before deciding on a retrial of this man. Start over and look closer at the Zammitti family and business associates.

I really think Fitzpatrick should have been found NOT GUILTY!! As some members of the jury found there was NO physical evidence tying him to the two murders. I hope it does not take another 2 years for the retrial to start. The memories of some of the key witnesses is not going to improve with time, some have already changed their stories from what they told police to the trial appearance this time. The man has already been in jail for 2+ years.

well, here we go once again. i am so dissapointed in this decesion.
there was physical evidence that man's dna was all over the steering wheel. the owner said he was never in that truck. if you follow that evidence to the ezpass evidence it all fits.
what is going on with jurors who can't put 2 and 2 together.
when he testified it summed it up for me.
he is cocky and reminds me so much of oj simpson.
oh yeh how about that horrible note he sent with his print all over it
a family he sees as friends, please!!!!!!!!!!!!!!!!!!!!!!!!!!!
wake up people!!!!!!!!!!!!!!!!!!!!!!!!

I can't believe this poor man has to go through another trial,Maybe now the zimmitti family will have a change of heart and believe that he is not guility. I wish he could at least bond out of jail,

He didn't do it. Look at the wife next time around.....

Well done. That deceitful wife of his needs to be investigated. She had that poor man and his innocent friend killed. She wanted her lover more than he wanted her. What were those crocodile tears about when she was on the stand? Get her a job on "the young and the restless".

There was no physical evidence in the Nelson Serrano trial and the jury convicted him. He shot 4 people and there was no gun, blood, and no witnesses. It was a circumstantial case. I guess the pieces fit together better than this trial. The motive was a failed business venture.

I'm with the jury,
I could not vote guilty with what the government put on.
Yes I think he did it it but they did not prove it!!!

Thank god!!! Even though my gut tells me he did it there is no way I could ever convict him! I always think to ABSOLUTLY NO DNA on the gear shift.

Should the DA be allowed to prosecute sean again. I don't think it's right in a case like this to give the state a chance to try him again. I know full well that they are going to completely change the way they go about a second trail. Starting with their lead attorney. I wonder if there is a law that if a certain amount of jurors are hung then the case cannot be re tried. If not there should be.

i agree no real evidence reasonable doubt i feel ther should be a smoking gun or you go free because the justice system is a joke it is about winng not finding the truth more than 50% of convictions are wrongfull convictions in my opinon and once convicted it isan uphill battle to prove innocent the burden of proof needs to be at 100% or not gulity should come in

Perhaps this is the appropriate outcome of such a circumstantial evidence case. If he is guilty, I hope the authorities can find additional material to justify a new trial, and that it will be substantial enough to erase the reasonable doubt issue. If I were a member of a jury that took a persons freedom or life and found later that he/she was not guilty, I would have a hard time living with my own guilt.

The prosecutors better retry this case and get more evidence in, i.e. the EZPass records. Also, look for more evidence such as are the bullets from the shot gun that was stolen and how about looking for blood in the truck and why the owner fof the truck had to put plastic across the back window and were there another set of keys that Ftiz could have gotten his hands on! I guess I am not surprise, this is one slick defendant. Two innocent people are dead because of lust!

While Fitzpartick may have done this crime, there were simply too many "I don't knows" for me in this case. I am usually one to be able to make up my mind and know one way or the other regarding someone's guilt or innocence. Not so for me in this particular case. The only things I knew for certain were the affair and that Mr. Martin's transponder went through the New Hampshire tolls. The police never checked the inside of the truck for lyme or other components of cement coming from a cement company??

Does anyone know if Sean fitzpatrick will have to remain in jail ???what facility is he being held-this was a tough trial for many involved.rest in peace michael and chester

Mistrial? I can't watch this trial again! There's no evidence! I SAY HE'S NOT GUILTY! I think Michelle had something to do with it. Never liked her. Good luck with the next 12 jurors.

If you walk like a duck and talk like a duck and look like a duck, you are most likely a duck. He did it and the widow is in on it. What a waste of money. LOVE COURT TV!!!!

While I beleive he is definitely GUILTY, I am not surprised by the outcome with the lack of physical evidence. I feel badly for the Zammitti Family. Michelle should hang her head in shame for the rest of her life.

One can only hope they find a trash bag with bloody clothing on the side of the road, so they can make the charges stick. I can't imagine they would try this case again and have the taxpayers bear the brunt.

Fitzy, you are crazy as a fox. Please don't move to Maine.

I have sat on jury's before and I understand the importance of physical evidence especially in a case like this one. Fitzpatrick is a little too smug and cocky; I believe him to be guilty.

I can't say I am too surprised, because the writing was on the wall. As we saw in the case with Phil Spector, juries want that concrete forensic evidence. This case surprises me less than Spector's, in that Spector's case was so obvious, it floored me they deadlocked. At some point, people need to use their God given reasoning abilities. There is no other reasonable explanation for Fitzpatrick's neighbor's truck traveling to and from the crime scene, or him sending that cryptic note, other than he did the deed. I know he doesn't look the part, but neither did Scott Peterson or Ted Bundy.

so if there is a mistrial, will Fitzpatrick be required to be kept in jail while awaiting another trial?

Does he stay in jail til the new trial or was he set free?

the jury got this one right in my eyes, although i would have had a verdict of not guilty, not enough critical evidence and would not be able to live with myself if i was a juror and put this man in jail with what the crown offered. Happy to hear the jurors were not pressured and stuck to their guns and conscience. Not enough and i think Sean Fitzpatrick should be out on bail until his next trial.

The DNA plus the truck going ack and forth through the toll booths is all they needed as well as the denial by neighbor that fitzpatrick never was at lake.
Prosecutor should haveasked fitzpatrick to descibe area where boat removed or shown him pictures of different areas and asked to identify which correct.
In conclusion, prosecution blew it.
Monk

I"m pretty sure that the right man is on trial, but I don't believe with the lack of physical evidence that any jury will be able to put this man away. It would seem the best that the family can hope for is that a higher power than the court room will have to handle his punishment. His attitude on the stand bought it for me. In the Book of Amos it is said that the Lord will take nothing of your earthly things from you but let justice roll down like waters, and righteousness like and ever-flowing stream. It will. It will.

Has the idea he might have been wearing gloves and coveralls, that's why there wasn't much DNA in the truck and he got rid of them along the way back.

I also wonder who else would have taken the truck from the neighbor and go through those tolls if it wasn't Sean Fitzpatrick.

I think everyone saw this coming...it would have been a tough call for me too.

I would like to believe justice finally prevailed.

More money will be wasted on another (mis)trial. The Commonwealth better do some more investigating. Fitzpatrick will have to be released on bond if there is another mistrial. Maybe they can get him on a joyriding charge.

I predicted all along a hung jury or even an acquital for Fitzpatrick. No evidence at the crime scene linking him there that morning will make it impossible to convict EVER, EVER! Also replay phony Michelle's testimony about something would have to happen to Michael before her and Sean could be together. At the end she adds or until she see if things work out first with her and her husband. She sunk the case and NO GSR found on Fitzpatrick or the truck doomed it. And not a single speck of blood in the truck or a tire print left at the scene. No Fitzpatrick DNA or fingerprints found at the murder scene. Thank God we live in the US where you must have proof to convict somebody.

Now they need to charge wife for soliciting to murder. Also investigate father and business records and the local authorities. It is insane to see such an hidious alligations and weak circustantial evidence could have someone detained for two years awaiting trial. There must have been something in it for someone in that group. (Corruption?) This is scary as hell to think such bull is tolerated by the people in this country. Any of us can become a victim as Sean has if we the people keep sitting back allowing such things to go on before our very eye's. Good Luck to you Sean, I hope there is enough money that can be awarded to you to compensate you for the two years of your life that they took from you. (Guilty til proven innocent) Thats the real motto!!!

although this is not all bad for the defendent,i feel the correct verdict should have been not guilty,the bad thing is fitspatrick and the zammittis will probably have to go through this all over again,and unfortunatly the real killer is running free and th police are doing nothing but looking still at sean f. come on people get it right and look for thr real killer now!

Here again we have a case where ordinary people cannot decide the difference between 'reasonable doubt' and 'beyond all doubt'. You'd think the legal system could come up with something better than something this vague and obviously confusing phrase.

Congrats to the jury! After nearly 24 full hours they followed the law and deadlocked. It is good to know that without conviencing physical evidence a reasonable doubt remained, at least in the minds of a few jurors. I fully believe in the old baseball rule, tie goes to the runner! Thank you. Debbie W Walker WV

He should have been found not guilty. He took the stand because he was an innocent man and had nothing to hide.

sean is gulty. tfind the gun perhaps in the lake or on the route home or on seans property and you will have the piece of the missing puzzle. sean is a liar,killer and a great actor. everyone i lying except sean. please notethat my krazer phone will not ring while being charged and yet this should have been tested. michelle is an idiot because if sean is guillty then her telling him if omething happens to michael might help perpetuate ther relationship is perhaaps causing more concern than we know. ean was in the truck,had the gun and cllearly had the time and motive. this was very much premeditated and what saved him might the thought no place for old people in the courtroom

I still think OJ did this crime. It smells like that louse to me. NOT GUILTY wil be the verdict at his next trial. My question now is what was the jury count and are they going to release Sean until his next trial date? He should make bail in my mind.

I'm ready and look forward to round 2. However, I hope the prosecution is more thorough the next time around. Mr. Bennett left too many unanswered questions. Yet, he had some very key opportunities to shut-out reasonably doubt, only if he had probed certain witnessess a bit more.

No surprise here...

Firts off people, you don't need DNA to convict a man. Remember what they did before DNA? Hmmm...they did police work. My problem with this case though is that a lot of that technology exists so there is possible evidence out there, but it's not neccessary to have.

I just can't get over the fact that he said he was at Freedom market. There are cameras there but they don't record. There are cameras at Allstate where the murders were committed. They were not working. It was raining and yet none of the footprints and tire marks match the truck in question. The victims were shot at close range. There should be blood spatter and that should have gotten on Sean and should have been transferred to the car, but there isn't any in that truck. The truck disappeared that day, but nobody saw it? The time window was very close plus he had to have stopped for coffee so add about five minutes on to that at least. The phone records seemed to cast doubt on Gert's testimony of when she saw him, but not definitively. I have a problem with people who don't remember, but say they have a routine so it must have been this time and she is also, really old.

This case could have been resolved if two security systems worked as they should. He said he went to Freedom market. If they recorded their live feed, this case would be closed. If Allstate's cameras had been working that day, case would be closed. It's not the defendant's fault that these places failed in this department therefore he deserves the benefit of the doubt. I would hope if I were in his situation that I would get the benefit of the doubt too.

Next trial will be an acquittal.

The jurors should be commended...not enough evidence to bring in a GUILTY VERDICT !!!

OMG ................... our justice system works...thank you to a great jury.........

It's too bad the guilty hold outs couldn't use the same reasoning. Sadly, there will be another witch hunt in Mass when they try him again.

The prosecutor failed. He had the rare opportunity to cross-examine the defendant on the witness but failed to nail him. The defendant was in control.

I really think Fitzpatrick commited the murders, however he knew that without physical evidence he stood a really good chance of not being charged. He was very smug and knew the right thing to say all the time. Well planned out.

Not a all surprised! I would have voted for acquittal due to lack of blood and or physical evidence at the crime scene.

CONGRATULATIONS to the jury for doing their job properly!!!!!

Having watched the trial, I found the complete lack of physical evidence would lead me to think a verdict of not guilty would have resulted. That is not to say I think he did not do the crime, I just do not believe that he was proven to do so beyond a reasonable doubt. I found Gert's testimony somewhat lacking in that I understood her to say she took her friend, came home and then went for her walk. To me this left reasonable doubt as to time. As well I was not satisfied that the defendant did not help out the man with his boat as he testified. If he was in the truck at the scene I would be amazed there would not be cement dust or something in the truck and that something would not have been left at the crime scene from the footwear. It just did not add up to beyond a reasonable doubt.

I know that evidence shows that Zammitti was shot first, but how can you prove without a reasonable doubt that he was the intended victim? Perhaps he was just the first person the murderer came across. I don't believe that enough research has been done to see if someone had enough motive to kill Roberts. Do we even know if his marriage was perfect? Perhaps he had a scorned lover??

I found the close relationship between Michelle Zammitti and Pat Zammitti rather odd. It would appear that Pat Zammitti is sympathic to Michelle. Michelle described her relationship with her husband as having "deteriorated" for a long time. Is it possible that Michael Zammitti was also involved in a relationship and perhaps the husband of this other person found out and committed the crime? Could this be the person in the white box truck who was never found or followed up on?

I have never believed Mr. Fitzpatrick comitted these crimes from day one..What about The Zammitti nephew ? It was told in court that the Zammetti's had enemies.. why didnt the police look any further than Mr. Fitzpatrick ?

Gladys Hicks

In my opinion the jury did an outstanding job in their deliberations. The evidence just wasn't there beyond a reasonable doubt. I do think its wrong that the defendant has to return to jail and await yet another trial with the very same evidence. if there were more it probably should have been displayed at THIS trial, not held on to just in case there's a mistrial.

In my opinion this is one of the flaws of the American justice system, he sits in jail awaiting yet another trial and all the while his life is in ruins and will remain in ruins for the rest of his life now. I can see no bail while awaiting the initial trial, but after the trial the defendant should be able to make bail pending the new trial. But who am I??!!

Hats off to this jury, they had a tough job and performed it very well.

I've been watching this case from the beginning and I have to agree that I could never vote guilty. The evidence just isn't there. I've also heard a lot about how he acted on the stand – keep in mind that he has lost his life, his home, his future and has been sitting in prison for 2 years with a chance to be in for another 2 years to life. I think that would change anyone's natural personality and behavior. Innocent until PROVEN guilty.

What a waste of my time and tax payers money. I am on vacation and was thrilled to be off during the time the jury was deliberating to have this happen is a tragedy.
Paige Turner
Nebraska

The DA missed the rebuttal of
"I was in the truck helping
Fred take his boat out in Oct.".... Fred said only his wife was at the boat ramp, Mrs Martin should have been brought in to say "NO Sean was not at the boat
ramp when Fred took the boat
out in Oct., he did not help."
Fred said that Sean helped with
the canopy in June, So he could clean it... how much DNA would have stayed on the canopy after
the cleaning, and a summer in
the water. That Sean's DNA was
primary, over Fred's on the steering wheel.... Then the easy
pass. In TX they take video of
the license plate. Was this not
available in 06 in NH?

how did the keys from fred martins truck wind up with the defendant. were they left in the truck when Mr. Martin went to florida?
Can someone please answer that.
I missed that in the trial.

WHY hasnt someone picked up on the statment made it was a rainy day and he was on the side walk with a skill saw ? guess he got wet and cold so he want and killed two men !! what does it take to see thur this mens lies?

MY COMMET IS ON THE FITZPATRICK CASE. I WOULD OF FOUND HIM NOT GUILTY NO ENVIDENCE. REASON NO DNA ON STICK SHIFF IN TRUCK, AND DID HE GET THE KEYS IN THE FIRST PLACE. THANK YOU FOR TAKING MY NOTE

From what I have observed watching this trial He is guilty-to complacent when answering questions and how can He remember things so vividly that happened several years ago and not something that happened last week? I sometimes do not understand the justice system but then who are we to judge?

i am totally appaled that this came back a hung jury. i watched the trial and to me it was an open and shut case, all the evidence pointed toward him. he was so arrogant and cocky on the stand. maybe the next set of jurors will see him for what he is, a double murderer....

What a shame ... another guilty person goes free because the prosecution was not ready for the trial. His cocky attitude said 'I did it ... now catch me'. Well, he got away with it! I guess that's the way of today's justice system.

I think it is a complete travisty of justice that this man has to continue sitting behind bars when there never was any firm evidence against him and any number of another scenarios is possible. These prosecutors are just wasting taxpayer money trying to make a name for themselves!!!

I would be more apt to believe that Michelle had her husband killed than I would that Sean Fitzpatrick pulled the trigger. She is NOT a good actress at all. Her facial expressions on the stand and while seated in the courtroom were that of a woman who was trying to act like she has the innocence of a child. If she was so "innocent" then why would she plant the suggestion in her lovers ear that, "The only way we will ever be together is if something happens to Michael." I believe they are trying the wrong person.

I hear Lisa talking about the DNA in the truck, and that is compelling. However, that doesn't place Sean Fitzpatrick at the scene of the murders. Prosecution needs to follow up with Mr. Martin and his statement regarding Sean NEVER being in his truck-now that bears more weight to the dna as evidence. Also, i'd like to hear more aout the box truck that sped out of the Allstate parking lot that morning.
Do I think he's guilty? Well, I do. But I could not place him in prison based on what I have seen.

I'm disappointed in the mistrial. I don't understand why it seems juries have a problem with saying "not guilty" when there is no direct evidence (or very little). It seems there are increasing hung juries because of not wanting to say "not guilty".

One point I may have missed in this case, I would like to have clarified. I know dna was found on the steering wheel. I didn't hear if a fingerprint or DNA was found on the e-z pass transponder. Please respond if possible.

Missed one hour of In Session this morning and had to come to the computer to find out why we had a new trial on and no jury watch clock. The Blog tells me " full coverage of the judge's decision Wednesday." If I have missed the full coverage I am going to be mighty upset.

use 11 jurors and then the majority would rule on the vote.. no more hung juries...

Grew up in Wakefield, but not familiar with any families involved.

Prosecutor should have questioned Fitzpatrick regarding his "snippy" comments about if Martin's truck had been moved, someone would have noticed it. Well, evidence shows that Martin's truck WAS used that morning, so if Fitzpatrick was in Freedom that entire morning, why didn't he notice that it was moved? I think his narcissism came through in his entire testimony. He is more than capable of pulling this off.

Glad it was a mistrial instead of a not guilty verdict, so Fitzpatrick can be tried again. I hope the State asks additional questions & really puts him on the spot – treat him as though he's been diagnosed as narcissistic – play against his ego.

YES, MICHELLE DOES GET AN OSCAR FOR HER CONTINUING AND CONSTANT POUTING ,FACIAL EXPRESSION.
B. FREAS

I agree with the jurors that voted against conviction because
of the lack of physical evidence,therefore reasonable doubt.

I have been watching and wondered HOW Fitzpatrick could be found guilty–with so little to convict him. Now, we wait to learn who the real killer is– will we ever know. I doubt it.

a mistrial was my prediction! kudos for the jury.

Sean Fitzpatrick must feel like a very lucky guy, huh. I don't think he will feel that way when goes to meet his Maker, though. Vengeance is mine, sayeth the Lord. I hate to sound like a religious fanatic but I truly believe that God is the ultimate judge and if he did committ these murders then his sentence will be unlike anything he would receive here on this earth. God don't sleep and he can't be mocked or deceived.

Good for the jury! All through this trial, I have been asking "Where's the beef?" In answer to the question, "If not Fitzpatrick, rhen who?" My response is – look to the wife.

Sean is far from a honorable man. Hopefully Melissa will not continue their relationship. Her children deserve a better roll model for a father.

So will Sean be let out of jail now.

I can't believe the jurors saw through the slickness of Fitzpatrick. This guy is so guilty and they couldn't see the performance he was putting on. What a shame.

Guilty or not... the people didn't prove the case... I'm stunned to be honest that is wasn't a not guilty verdict... reasonable doubt was certainly created... this is the problem with jurys... they go on emotion and what they believe... not what was shown.

This will result in several million more dollars for another trial... which (unless more evidence is found) should result in the same thing or an outright not guilty verdict.

I have never seen any one so relaxed while being faced with life in prison, he is guilty and so is Michelle she gave the orders and he carried out the mission

The deadlock comes from a jury of Sean's peers. In this case, I'm all for professional jurors. Jury consultants are supposedly trained, but they repeatedly make mistakes. I'm for setting standards for jurors and using techniques that will insure that a person is capable of making objective decisions and don't let their personal emotions and convictions affect the outcome of the trial.

I watched the trial and the outcome was not a surprise. The prosecutor did not put the gun in Fitzpatrick's hand. Circumstancial evidence is not enough to send someone to prison for life. Too many people have been wrongly imprisoned.

Hopefully, the next trial there will be new evidence!!

The letter, the motive, the transponder, what's left?
He's a cool calculated killer who thinks he is smarter than every one else.( just like Peterson who is on death row) he's GUILTY!!
jerry MN.

I feel this verdict was correct, but how can Sean Fitzpatrick possibly
get an unbiased trial the second time around, after all the media
coverage and facts which are now common knowledge?

The Fitzpatrick trial unfortunately was declared a mistrial, however, I feel that both the defense and the prosecutors did their best to to come to a conclusion. The lack of physical evidence was certainly a negative aspect of this case, however, I agree that the CSI effect is real and you can have an effective and productive trial without such evidence. Overall, a good first trial, and I hope for a better second one.

Jami Floyd, perhaps what the jury system needs is, literally, a thirteenth juror. The thirteenth juror could be a professional para-legal assigned to the jury during their deliberations. This person could act as a non-voting foreperson (thus ensuring the equality of the 12 voting jurors) and would work to keep the jury on track legally without commenting or passing judgment on the actual evidence. This thirteenth juror would only need to be called on for the deliberation process and would not ( maybe even should not) need to be present during the courtroom portion of the process.

Send him home!!! Set him free!!!

They should let sean out on bond and just see what his behavior is. See if he and miss mz get together.

Why has Fitzpatrick been held for two years in jail, without bail, if we are presumed innocent until PROVEN guilty?????

Sean should have been found not guilty...there was NOT enough physical evidence. To bad they will have to go thru this again and continue to be looked at as guilty! Why did they never look at the wife...she was pouting way too much in court...looked like there was something to hide. The focus was only on Sean and that's where the the police messed up!

I would have been very surprised if the jury had convicted. There just wasn't enough evidence to incarcerate Mr. Fitzpatrick for the rest of his life. Too many questions not answered. Still not entirely comfortable with Michelle's testimony.

He should be found not guilty and released.

Well I think before the prosecution proceeds with a 2nd trial they should take a long hard look at their "evidence" and deelop more because they could get this same result a second time.

I personally think that the jury should have found Mr. Fitzpatrick not guilty and that Michelle was acting. Did you see tears funning down her face? The face she made when she was sitting in the courtroom was an example of her acting. Did she have something to do with her husbnds death? Maybe.

I still say Michelle and her NEW boyfriend could have done this to set Sean Up and make her a free woman!!!

I was more swayed in favor of the defense after the DA's closing argument, when he stated the only DNA found in the truck was the defendant's. That there was no DNA belonging to the owner of the truck. This looks highly suspicious. Why would the owner's DNA not be found in the truck, since he drove it after the defendant allegedly did?
I was also not swayed by that stupid 'sad face' the widow was making all through the trial. She was totally unbelievable.

I hope the prosecution reads these comments.

Why doesn't the prosecution start looking more closely into Michelle's life? It seems she has more to hide. She obviously took a lot of time to think on the stand before giving each answer. She came off as a manipulative person who enjoys playing with people's emotions and pitting people against each other. After working with female prisoners, she reminds me of the behaviors displayed in many. She seemed quite disappointed that she could not get these two men to fight over her. Apparently, neither Michael nor Sean felt she was worth it.
Cheating wife, Not Worth It.

I hope they find the real killer. I believe the "affair" was initiated by Michelle Zamitti. Did you notice when she was testifying she always looked away or downward. She didn't look at the jury or at the questioners.

I feel for Mr. Fitzpatrick. I don't think he committed this crime. Mrs. Zammitti sure put on an act throughout the whole trial. She is the center and the cause of all this. She wanted her husband gone, and she kept calling her lover over and over.

Why isn't anyone questioning the death of the second person in this case? What if he wasn't killed as a witness, but rather was the main target with the husband actually being killed only because he witnessed?

With the mistrial, is Sean Fitzpatrick still in custody?

Im not saying hes innocent but the victims were shot with a shotgun and theres no trace blood evidence anywhere!? hmm.. And what if he is found guilty shouldnt the wife be charged too! She did bring this on with an affair with fitzpatrick! Is'nt that murder while commiting adultery!

FIND THE GUN! ONCE THEY FIND THE GUN THIS WHOLE THING WILL BE RESOLVED.

Evidence was good, the prosecutor was not on the game. Lost this round. Make it better next time!!

After reviewing the comments, it's easy to see why the trial ended with a hung jury. I personally don't feel there was enough evidence to convict. I do think it's absolutely amazing that there was no DNA from blood spatter from the victims in the truck. There are too many unanswered questions. I also thought there were many good suggestions on how we should change the jury system to avoid having hung juries. It is unfair to an innocent person to have to sit in jail for all this time, and God knows we have many of them in jail now as has been proven. I'm hopeful that the prosecution will find more evidence that will exonerate the accused.

There's no way that jury "thoroughly reviewed" the evidence in such a short period of time. Someone on that jury was not willing to put in the time to re-evaluate the evidence presented, or to take responsibility for a verdict at all-probably that same person who brought in outside info on window repairs. That incident alone llooks like that person was trying to sabotage a verdict and get a mistrial...he/she knew very well what the jury rules were.

I would have been about to vote for guilt. Sean Fitzpatricks close connection to everyone involved, including all the evidence. He talked to Michele every morning after Mike left for work, he knew when he would be at Allstate cement. He knew where the guns were, he knew when the neighbors would be out and about, so he knew when to take the truck unnoticed. The crafty way he went about getting the postal worker to write the envelope for the Zammetti letter. He knew because Fred and Gert are older, the jury just might be persuaded their memories could be faulty. And of course, dating gerts daughter, even though he wasn't really attracted to her. It all adds up for me. As for all of you who think Michele is somehow involved in this well thought out, planned very carefully, double murder, no offense to her, but I really don't think she's smart enough, or had the time, to do it. She seemed regretful and ashamed on the stand. I predict guilty next time.

I believe that Sean probably wiped the truck interior clean , missing the tiny crevice on the steering wheel containing the dna. You would also expect to find his dna on the door handle and gear shift .....
somethings fishy I think.

The primary DNA evidence of the defendant found in the truck used in the double murders along with the voluminous amount of evidence that proved the defendant was sexually involved with the victims wife proves the motive for murder. I would not be surprised if the defendant and the victims wife end up living happily ever after sometime in the future

If they let Fitzpatrick out on bail, maybe he will join OJ and Scott Peterson on the golf course, looking for the "real killer". Oh wait, the peterson jury actually understood that reasonable doubt is not the same as any possible shadow of a doubt.

Not since the OJ trial have I been so disappointed.

Who else would go to the trouble of using THIS truck to drive to the murder scene and then.....return it? Why bother. It seems to me that the killer would have dumped the truck closer to their own home....Oh yeah.....he did.
I can only hope the new jury has some brains and the balls to use them.
Can't wait to hear what these jury members have to say during their 15 minutes of fame.

I was a math tutor for years and there is a certain type of logic that one is born with to understand and complete complex math problems. It was so frustrating trying to get some students to grasp how to solve the problems. It wasn't their fault that their logic didn't match mine, but it was extremely frustrating.

Same thing with this trial and the evidence. The truck being stolen next door and going down to MA and returning in the exact timeframe of the murder, the 16 gauge ammunition being taken, which ends up being the same kind of bullets that killed Michael, the threatening note which goes to consciousness of guilt and the motive all add up to his guilt not beyond a reasonable doubt, but ANY doubt.

Like those who can't grasp the logic in complex math problems, there are those who can't put the pieces of evidence together in a way that points to his obvious guilt. It's very frustrating to see murderers get away with a crime because of the lack of logic some jurors can't grasp. The jurors who hung this jury and I don't know the final tally, should be ashamed of themselves for allowing a murderer to possibly go free down the road, when he should be sitting in prison.

Why no coverage of the this trial? What's happened to trial coverage? Too much commentary by talking heads!

Why does he have to remain incarcerated when he is "assumed innocent until proven guilty"? This man has been in jail for 2 years – no bail allowed – and now has to remain in jail until they decide to retry him on "better evidence". So much for the right to a speedy trial as guaranteed by the Constitution.

I happy to see that at least one juror believes Sean Fitzpatrick is innocent. He seems to be guilty, only, in having poor taste in women. The poet in him is really appealing.

Innocent until proven guilty. Well they didn't prove him guilty but guess who's going back to jail for who knows how long. I don't believe he is guilty but his life is sure on hold until the prosecutor gets through trying.

Man That Guy Is The Best Lier I've Ever Seen,I Do Believe He Is Guilty ,But Man,He Sure Was Convincng.My Heart Goes Out To The Zammitty Family.Something Tells Me That Something Will Come Up And They Will Be Back In Court.

Here is a very most interesting point. Baffled me for a while. The good neighbor said that he could not get into Fred Martin's truck because it was parked too close to trees. He could not get into the truck. Sean bragged about the fact that no one noticed that Fred's truck was missing that morning. What really happened was Sean parked a second truck where Mr. Martin's truck was parked so no one would notice his truck was missing. He thought no one would suspect the Martin truck so he used it. On return he parked right behind the second truck and then nudged it into the parking placed with the second truck not noticing that you could not get in or out of the truck after the nudge. Sean did not leave the parking spot empty and therefore bragged about a truck being there in his own defense. He didn't count on EZ Pass records identifying the Martin truck and that became an unexpected challenge to splain away. But he knew no one would see Mr. Martin's truck missing because there was a truck there. Give him credit for creativity.

Pertaining to the Sean Fitzpatrick murder trial, He is guilty, he did it! I am afraid that he was more clever than the prosecution gave him credit for. The letter that he sent to the family proved that he was evil in his ability to carry through with cover-up stunts and the story he concocted about being in the truck when he was helping his neighbor, in order to explain why his DNA would be on the steering wheel, showed he is able to lie without blinking an eye. Please find a jury that will put this man behind bars for good. Pam

Miss Trial makes sense to me as I question the time line and the Dna in the truck and only on steering wheel/keys?–should there not have been DNA on the door?where's the blood and where's the gun –how much time could he have had to despose of the weapon and the truck and his clothes and to return home for the neighbour to see him.
Surely the police could have found something to back up their case better if this was the the chain of events they say took place.

If not Fitzpatric, then who? He's a liar and has no morals. He thought he covered all angles, but the police caught his slip-ups. He killed two people and now the taxpayers have to pay for another trial. He should plead out!

I know. Why don't we flip a coin to break the tie? Sean Fitzpatrick should get a DOUBLE-HEADED coin. HAHAHAHA! No, that's a joke. I still think NOT GUILTY.

Our jury system works ??? And I guess before there was Blood DNA, no one should of ever been found gulity of murder!!!
The man is totally guilty but with a system that requires a "unanimous" decision not just a majority, he'll never be found guilty. As some jurors stated they would never convict without "physical evidence" meaning that "blood" DNA ...
And how you people can call anyone "innocent" after they admitting to sending that letter "threatening lives" just to throw off the police is absolutely mind-boggling..
Here's a novel idea,, if your so innocent how about actually co-operating in the investigation !!!! Unbelievable...

For what its worth. One day you state this man is not smart for having his dna,on a note or card sent to the family,after the crime.Yet with 2 breakins they say he commited,a wet crime scene,blood everywhere,no hand prints,no foot prints,no tracks anywhere,no mud,dirt,pebbles ,blood, sweat in this truck. His dna in the truck was not primary.If he did this,he sounds pretty smart to me. This woman who had the affair with him is about as phony as you can get.No tears in her eyes,just a hanky for show.she knew what she was saying,when she said" unless something happens with her husband"When you and the family are in the house,and everyone goes to bed,except her and her lover,and you go for a "ride at night",you have every intention on having some kind of sex.She had so little respect for her husband and kids,she waited for them to go to bed.She kept calling him,when she said she was done with him.She set this up for some time If they find him guilty,she needs to held accountable as well. Her motive,as well,was an affair and the estate.For what its worth.

Sean Fitzpatrick is NOT GUILTY. Michele should be on trial, while she sits hugged up to the Zammittis, they probably got the murderer right under their nose. Something about Michele aint right. All them ugly faces she's making, for what? I have yet to see a tear roll. Anybody can tear their face all up and look all ugly like she is. You know good and well she is not that broken hearted about her dead husband. Something is definitely wrong there. I think that torn up face is a big front. No doubt. Makes me wanna reach through the t.v. and knock that ugly face off. Sean is innocent and I'm so sad for him.

not guilty should have been the verdict. however i still believe the wife had the biggest part in the murder. she's the one with something to gain. set sean free and let him go on with trying to rebuild his life and hopefully never looking back to michelle. she's the devil in disguise

I don't know if we will see the retrial of Sean Fitzpatrick. The Orange Taylor retrial was not televised by TruTv. Will we see the Phil Spector retrial? Gerts neighbor maybe did not want to testify. Hopefully new evidence wil get the GUILTY verdict in the next Sean Fitzpatrick trial.

Wow. I am in complete shock that there are so many people who think he is not guilty. For those of you that don't think he did it, are you saying that someone else took Fred Martin's truck on a joyride that morning toward the murders but they had nothing to do with the murders? Or are you saying someone else planned to murder zammitti by stealing the truck near Fitzpatrick's house so that it would look like Fitzpatrick did it, and then got lucky that his DNA was found. I just want to understand your logic. I am not getting it. If the standard is 'reasonable' doubt, those other theories don't seem 'reasonable' to me. It's beyond reason. I am willing to listen. Please enlighten me.

Icannot fathom this guy cruelly murdering for that frumpy woman?

People go on shooting spree's all too often in this country. So it could have been a total stranger for all we know. This could easily be 'wrong place at the wrong time' as far as the stollen car goes. Also, wouldn't there be some kind of evidence in the truck?? Gun residue??? No matter how cocky he seems, there is too much reasonable doubt in this case. Unfortunetly, NOT GUILTY!

He is GUILTY!

Have the ones saying he is not guilty watched any of the trial?

He had motive, there is physical evidence, circumstantial evidence and no alibi. Attempts to mislead investigators, lying on the stand, etc, etc. I watched the trial and he is a smooth character alright – he has many of you fooled too.

I hope the next jury doesn't have some idiots that cannot see the reality for what it is.

Guilty, Guilty, Guilty.

Sean needs to spend the rest of his life in jail for what he did.

I agree wholeheartedly with the math teacher who lamented about the lack of logic prevalent among his students. I edit other peoples copy as part of my job and you would not believe how much trouble people have making a logical sentence! They start out with one idea and instead of resolving it, go on a completely different path. The same type of people must be on this jury. If I could borrow a little math - 2 plus 2 equals 4. It does not equal anything else. Means, motive, opportunity - all proved - equals guilt. Usually, the guilty guy is lying - not all the neighbors with absolutely no reason to lie! Why do you think so many people who know Sean, think he is guilty? I know that's not evidence, but it sure is telling. I feel so bad for the Zammettis. They will have to go through another trial, testify again, and endure all that pain. I really think we need professional juries in this country. Choose people with some smarts and train them - there might be fewer hung juries. I understand that in retrials, defendants are found guilty most of the time. I certainly hope that's the case here.

In the light of DNA technology the need for physical evidence has completely discredited circumstanial evidence and its setting killers free. Do we have to have a gun with Fitzpatrick's DNA on it ? If Sean Fitzpatrick had Michael Zamitti's blood splattered all over his shirt, the defense would say Sean fished together in the past with Michael and Michael cut his hand. Fitzpatrick has a terrible excuse for everything. Why couldn't the jury connect the dots?

What happened to the use of character witnesses? Court TV mentioned that Sean's ex had a restraining order on him but it was not presented to the jury. I understand that "once an obsessive psycho" doesn't make you "always an obsessive psycho". But come on! If this was someone on trial for arson and they set fires in the past, that info would be included. Sean has a past history of not letting go. That's pretty important. Hopefully they'll include that in a retrial.

Wake-up people - QUILTY,QUILTY, QUILTY!!!! HIS DNA evidence was on his neighbors truck which he had no permission from the owner to use and he's never been in it before soooooooooo how did it get there? I hope they retry the case and hopefully will have jurors with normal everyday COMMON SENSE to convict him.

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

In My Mind I Cannot Understand Why He Was Not Found Guilty There Was So Much Evidence against Him. All Of The Circumstantial and DNA Evidence was Just A Coincidence? GIVE ME A BREAK!!! THIS GUY DID IT! I JUST CANNOT BELIEVE THEY DID NOT FIND HIM GUILTY!!

Interesting trial but not enough proof (DNA) to find this man guilty. I think that Sean is guilty though. I am surprised that there are so many trials like this today. Why do lovers think that they can get away with commiting these murders when ALWAYS the are the first persons that are suspects. WHAT IS THE MATTER WITH PEOPLES MINDS TODAY!!!!!!!!!!!!!
Fom Canada and enjoy this program everyday.

now he can write a book like OJ....

I hope they retry him.....he is a murder!!!!!!

even if he is guilty or not (wich i think he is) they really have nothing solid on him, they should at least let him go on house arrest and parole. no murder weapon, the dna does not make him guilty because he really could've drove the truck before, and just the way he acted as a witness does not fit the profile of a killer. i believe he did it but just like oj simpson (not enough evidence for a conviction)

IF Sean F. was so stupid as to drive this infamous truck, and write that letter to the victim's family, (that's is the dumbest thing he could have done) and people think him smart and arrogant, wouldn't he have thought of wearing gloves while driving the truck? and where is all the blood? no blood in the truck, no dirt, only few traces of DNA in the steering wheel, could he have shaken the neighbor's hand at one time or another and the neighbor drove his truck after? The wife really tries to make herself look Amish (forgive me Amishes) all this while, and I agree with the other comment, what of this "closeness" with the in laws? The mother and the wife seem to be best friends all through this Court business. Doesn't she already have another boyfriend? She is and was "hot to trot" people! she did not love her husband, just a comfortable home for her kids, and that is why she did not want to leave him.
Sean F. should let out of jail, at least on bail.

I watched the entire trial shown on TRUTV. I can say for sure that I believe Mr. Fitzpatrick is probably guilty. BUT...if I were on the jury, I could not have found him guilty. There is no physical evidence and what circumstantial evidence there was, it was questionable as far as hard proof. We had to ASSUME he was driving the truck that day. We had to ASSUME that the witnesses remembered everything even though they were older and may not know exactly. I am not willing to put someone away for life if I believe that Murphy's Law might simply be in effect.

He's guilty whether or not there is physical evidence. It does not take a rocket scientist to put 2 and 2 together.

The term "beyond a reasonable doubt" is subjective in nature. The threshold for one person could be higher than another person's as seen in this trial, though it has been quantified by scientists. It can be quantified to be between 70-74% assurity that, after looking at the evidence, the man on trial is GUILTY. I don't think that they reached that threshold. Other people believe that the Prosecutors met it. HUNG JURY! Poor Sean still has to sit in jail. Release him, police and find the real killer!

I am actually surprised at how little understanding of the legal/justice system I am reading in these comments. "Mistrial=not guilty, will they retry him? Does he have to remain in jail pending a second trial?" Even occasional/cursory watching of In Session answers all of thse questions.

However, here is my comment. Let us not forget that Michele never said to the police, in her first questioning, anything regarding she and Sean being together if Michael were out of the way. She actually did not say this until TWO weeks before the trial and two years after the fact! Look at her, her crocodile tears, her remorsefullness versus Sean's (if you did not commit an act, then why be remorseful?), her constant looking up and away when answering (which any body language specialist will tell you that looking up means you're trying to"come up with something."). Everything about her screams fraud to me!

Also, when people speak of physical evidence they are NOT always saying DNA. Blood, gunshot residue, no testing or looking for cement components in the truck, did the EZ Pass go through the tolls but not the truck? I happen to know exactly where Sean lived and it is HIGHLY unlikely that nobody would have seen him in the truck and/or the truck missing. Sean was the primary DNA donor on a small area of the steering wheel at the top and yet none anywhere else in/on the truck? He was also the minor donor to the keys, not the primary.

There IS a definitive lack of physical evidence for such a brutal and bloody crime and I am not speaking of DNA or the CSI effect.

Much of the evidence pointed to Fitzpatrick as the murderer. However, the police did not do a thorough enough job investigating this crime. Nor did they exhaust other possibilities such as an organized crime hit given the nature of the business that Zammitti was in. Fitzpatrick appears guilty but there is reasonable doubt. Many questions remain unanswered. For example: If Fitzpatrick bought coffee the morning of the crime, why was there no one who could vouch for the purchase? This would be crucial in the absence of video from the businesses Sean claims to have visited. Why was there not more attention paid to the murder weapon and Sean's access to a shotgun? The toll receipts are incriminating but there is no proof Sean was the driver. The DNA on the steering wheel could have been deposited anytime. A new trial with more thorough investigation should result in a guilty verdict. Should Sean be released on bond? What if he IS innocent?

People that lack logic should not be allowed on juries. Potential jurors should be given a simple test before they are permitted to decide cases that affect people's lives. Maybe some sort of test where you are given most of the pieces of a puzzle and are asked to determine what the picture of the puzle will be. Or maybe just a simple IQ test. If you test below 100, you are probably not the best qualified person to put together the logic of a case.
As for the jurors of the Fitzpatrick trial and of the OJ Simpson trial, maybe you can all join OJ and Sean in the search for the real killers. None of us that think logically will be holding our breath. The real killers have received the ultimate gift: Dumb juries

THE WIFE DID IT....SIMPLE – SEAN IS A PATSY – WHO GAINS THE MOST BY THE RICH HUSBAND DYING? MAYBE SHE WAS HAVING A FLING WITH A COP TOO...how easy to get a gun from your own house and make it look like your lover did it...

UMMM...strange case.

I say NOT GUILTY! Lack of evidence big time. First of all there would of been some kind of blood in the truck from the victims. The crime scene from what I understand was gruesome. There should of been some kind of DNA from the victims in there. Then when Chester showed up, had to kill a second person. Wasn't planning on that happening. That would screw up anyone's thought process and plan. Jump back into the truck, thinking calm as a cucumber and not make a mistake? NOT!. I'm sorry nobody is that good not to leave any trace of the shooting in that truck. Think about the time driving that distance and what you actually put your hands on in the vehicle. Only the steering wheel and keys? Please! What about the door, arm rest on the door, radio knobs etc. Can anyone put him at the house where the gun was stolen from? When did he have the opportunity? I don't recall the EZ Pass clerk testifying. The only person that could defiantly identify Sean didn't testify. Why not! Seems to be more questions! The Prosecution had other leads and didn't move on them. Shame on them. As far as the affair goes, Michelle had no business being with Sean in the first place. If anything, she is more to blame for the affair because she is married. My heart goes out to all the families involved in this mess. Its truly a loss for all. I really truly hate to say this but: They had more on OJ and he got off!!!

NOT GUILTY still. If it looks like a setup, smells like a setup, it probably is a setup. Think about it: You shoot two people in the head with a shotgun from 10 feet away, blood will get all over you, gun residue will get all over you. You will then transfer that to the car. You should have fingerprints and DNA all over that car when drving over a 100 miles. It had rained so it was muddy. We all know that there should have been something from the shoes left on the floor or something in the tires that they could have matched to the Allstate area. We see it on Forensic Files all the time. This is not the CSI Effect. It's basic science. It should still be there. His footprints don't match those at the crime scene, the 10 tire tracks don't match the truck. No one saw the truck disappear or come back yet we know it went through the EZ Pass. Gert said she didn't know whether the truck was even there when she was talking to Sean Fitzpatrick. They found no gun but the did find 16 gauge shells in house. A 16 gauge shotgun was stolen from the Zammittis if I recall. If I had committed a murder, I would not do it with a shotgun and I would not steal the gun from the victim's house. That's stupid and smells like a setup. The shells could have been planted; either way they could not be linked to the gun and shells stolen from the Zammitti's. He said how his DNA got in the truck. Since his DNA was only found in that one spot, it's far more plausible than the Prosecution's story that he drove hundreds of miles to commit a crime of passion. There's evidence he was selling his house and moving away. He says he was at Freedom Market, but the cameras there don't record. That's not his fault and I doubt he could have found that out without raising suspicion. It just happened to be that the security cameras at Allstate were not working that day. Something else that raises suspicion. Was it coincidence? If not, how did he know? The Prosecution has to put him in that truck and put that truck at Allstate at the time of these murders beyond all reasonable doubt. It could not. All of the evidence presented made us have to assume. You cannot assume in a murder case. The evidence should add up, but all it does is make you think more. That's why it smells like a setup to me. If I were to commit a murder, I would plan it out in an attempt to set someone up. Of course when you set someone up, the evidence doesn't all add up because it's a setup. That's what we have here. You cannot convince me beyond a reasonable doubt that he could steal someone's truck, shoot someone from 10 feet away, walk in the mud, and not leave really any definitive evidence except for a minute bit of skin cell DNA in a crevice on the steering wheel that could be months or years old and can easily be explained. It DOES NOT add up. Thus...

NOT GUILTY!!!!!!

There should not be a next trial until there is more evidence. I could not send some one to jail with this evidence.

I watch for several hours this summer. He may be guilty, but I would look very closely at the wife.

He truely loved this woman. Did he kill the husband?

The wife is as guilty as he is.

I've heard picky comments about the way Mr. Fitzpatrick leaned back in the witness chair and rocked around and my, wasn't that smug? I personally believe after two plus years in jail that reclining swivel chair was probably the most comfortable chair he's sat in for quite awhile . Gee Whiz, people!

We are to believe that at 8am Sean was sleeping and someone else had stolen Fred's truck and killed Michael and Chester. We are to believe Sean never got the letter from the DMV about his suspended license. I worked for the DMV and thats just one of the excuses people have. The charge about his license being suspended was not bogus. There was a problem with his license and he did nothing to correct it. That is his excuse for sending the letter to the Zammitti family. He went to extremes as to disguise him doing it. I heard that they can give an additional charge on mail fraud for sending the letter.
On the witness stand Michelle and Sean gave different accounts on the meeting at the condo. There was ice on the lake and it rained that weekend, but Sean was working on his walkway. I don't think so. He spoke to Michelle many times a day and he would not have his phone turned off unless he did not want a cell tower to pick up his whereabouts. We don't know the breakdown of the verdict, but for the retrial to continue it must be something like 10 to 2 to convict. We probably won't see the retrial but I'm sure there will be information on the internet. Will TruTv show the Spector retrial. The night before the murders, Sean made no phone calls because he was busy robbing the 3 houses. The vcr and dvd player was stolen, but the manuals ere not taken. If you wanted to see them for the money, the brochures are needed. Does anyone know if the window on Fred Martin's truck was broken before Mar 13,2006.

will he be able to get bail???

guilty,guilty,guilty, what on earth is wrong with that Jury?? I hope that when they re-trial him they will have a more COMPETENT PROSCEUTOR!!!

You people who look at the "who else" factor are all wrong. You cannot do that. He is innocent until proven GUILTY. Therefore you cannot assume. You can only look at the facts. Can they put him in that truck and put that truck at the scene of the crime beyond a reasonable doubt? No, they cannot! None of this "who else" crap. not guilty, not guilty, not guilty. They need to find jurors who are more competent to see that he is NOT GUILTY!

Interesting that most of you who feel he's innocent are women. That's how you easily fall for these type of men – you ignore all the facts. Tell me if he's so innocent – who drove that truck that day? Let's go after them. Fred Martin? Is he lying? People can be so illogical. Sean appears so smug – he actually knew Michael – this wasn't a total stranger. How about some respect for a person you knew and his family??? He's trying to say Michelle lied, the neighbor was wrong about what time she saw him (why don't they look up the time on the receipt for her friend's car). Lie after lie. Excuse after excuse. Michelle is sitting there crying the whole time because she now realizes what a sick person he is. It's unbelievable how some of you feel he's innocent. If he beats this rap, he should move to Hollywood because apparently he's a good enough actor to fool quite a few people. PAY ATTENTION TO LOGIC. GUILTY! GUILTY! GUILTY!

Lisa, you cannot look at it like that. As I have said, they have to put him in the car and put the car at Allstate that morning beyond all reasonable doubt. It's not "who else" could. You have to assume. That's why you should never be allowed to be on a jury. Because you assume and assuming only puts innocent people in prison. Forget the witnesses; most of their testimony was immaterial to the case and what was...well they're old. I hope that if I should ever be on trial, you will not be one of the jurors.

Let me make this clearer. If everyone were to assume that prosecutorial theories were true, every defendant would be convicted and sent to prison. Never assume as a juror. You can only go by facts. You cannot go by the smugness of the defendant. If the defendant had been crying, they would have been crocodile tears then. He would have been being bathetic. If he had been pokerfaced, he would have been callous. As a defendant, you cannot win when you take the stand because so many people believe you have to be GUILTY if you are at this point. Does the evidence point to his being in that car that day? No, it does not. They cannot definitively put him there with a witness or anything else. No, No, No.

NOT GUILTY!!!!!!!

In my opinion, even if Sean Fitzpatrick had not taken the stand, I would still have had enough reasonable doubt, and would have voted not guilty. There just was not enough physical evidence to sway me. No blood in the truck after such a horrific double murder. The timeline was not established enough for a finding of guilt. Lastly, I think Mr. Fitzpatrick helped himself by taking the stand.

how do you find a man guilty if you have no gun, no fingerprints on the drive shaft ,no access to the truck .what about the wife and the other caretaker who stole the shotgun from the zammitti house? personally she aint that cute, shes not to die for and it was over a year ago i cant find him guilty either.

IN THE ERIC MCCLEAN TRIAL, I THINK THE WRONG PERSON IS ON TRIAL . IT SHUD BE ERIN. AS IN A CONSPIRACY MURDER OR
MURDER FOR HIRE,SHE DIDN'T PULL THE TRIGGER BUT WAS THE CAUSE . EVERYBODY HAS A BREAKING POINT. WHERE WERE HER KIDS WHEN SHE WAS RUNNING AROUND WITH THAT KID?

JUDY, MONTGOMERY,AL

With the prosecution's evidence or lack of evidence there is no way any jury could convict Fitzpatrick beyond a reasonable doubt. I would think that it would infringe upon Sean's fundamental right of freedom to be held without bond given the circumstances of the case especially since there was a mistrial. The presumption of innocence is also a fundamental right in our justice system and he is prevented from moving on with his life. The only justification that he would be held without bail is if he poses a flight risk or is a risk to himself or society.
Ginger, Apache Junction, AZ

I have not seen or heard any comments about Sean Fitzpatrick's house being burned to the ground on February 5, 2007. His house had been searched completely many months before. Please remember that Sean was being held without bail in jail since June 2006. This arson crime was investigated by the fire marshall in New Hampshire, but it did not go any further because the house was not insured at the time. His bills could not be paid because Mr.Zammitti had all of Sean's assets frozen in preparation for a civil suit.

I agree with Nick that this surely seems like a setup. But why? Was Michael Jr. a target? Michael's gambling problems? The wife?

Not guilty.

Dan, there was no DNA evidence on the steering wheel. That was obviously stated. I honestly believe this man is innocent. yes i feel bad for the deaths but there is no evidence that this man did it. There is no evidence to make you believe that beyond a shadow of a doubt this man did it. my verdict is NOT GUILTY.

Wanted to know if anyone knew how to write to Mr. Fitzpatrick I would need the address where to mail letter too. I just kind of feel sorry for him . Maybe I;m totaly wrong and I still my change my mind. Thanks for any infro anyone could offer. Thanks and have a nice day.