WOBURN, Massachusetts–Defendant Sean Fitzpatrick is being cross-examined by prosecutors as he begins a second day on the witness stand. He's hoping to convince the jurors that he is not the person who brutally shot Michael Zammitti, Jr. and Chester Roberts on March 13, 2006.

After three weeks of the prosecution’s case, on Wednesday the defense began its case and Fitzpatrick finally stepped up to the plate. Prosecutors believe that Fitzpatrick murdered Zammitti because he was in love with Zammitti’s wife, Michele. Roberts, they contend, was killed simply because he stumbled across the shooting, a classic case of a victim in the wrong place at the wrong time.

But on the stand, Fitzpatrick insisted that he was an innocent man. “Did you shoot Chester Roberts and Michael Zammitti?” “I did not. I had nothing to do with these homicides. No way.” Fitzpatrick has pleaded not guilty to the double murders.

Closing arguments are expected later today. Stay tuned to In Session for the latest developments in this case.

–In Session staff

WOBURN, Massachusetts–The Commonwealth of Massachusetts has rested in its case against defendant Sean Fitzpatrick – the man charged with the double murder of his ex-lover’s husband and the husband’s employee. Now it’s the defendant’s turn – and Sean Fitzpatrick has just taken the witness stand. He has pleaded not guilty to all charges in this case.

In its opening statement, the prosecution promised jurors that it could prove that Fitzpatrick’s DNA was on the steering wheel of his neighbor’s pickup truck, which authorities believe the defendant drove immediately before and after the murders were committed. With its last witness, the Commonwealth fulfilled that promise.

According to Amy Barber, a DNA analyst with the Massachusetts State Police crime lab, “The DNA profile obtained from the steering wheel indicated the presence of a mixture [of DNA]; Sean Fitzpatrick was the major donor of the profile . . .” “What is the statistical calculation of someone randomly selected matching the profile to the extent Mr. Fitzpatrick does to the steering wheel?” “One in 931.1 thousand [931,100] of the Caucasian population.”

Stay tuned to In Session for all the latest details in this case.

–In Session staff

WOBURN, Massachusetts–The Commonwealth of Massachusetts’ case against Sean Fitzpatrick –charged with the 2006 double murders of Chester Roberts and Michael Zammitti, Jr. – appears to be almost over.

During its opening statement, the prosecution told jurors that the defendant’s DNA was found on the steering wheel of the vehicle authorities believe he drove to and from the crime scene – but, as yet, none of the Commonwealth’s witnesses have offered that testimony. Now, time is running out. Did prosecutor Daniel Bennett promise more than he could deliver?

Monday’s most dramatic testimony came from Dr. William Zane, the medical examiner who performed Roberts’ and Zammitti’s autopsies. According to Dr. Zane, both men died almost instantly from injuries caused by shotgun blasts. Zammitti – whom authorities believe was killed because Fitzpatrick coveted his wife, Michele – was shot in the face and the chest. Roberts, who apparently entered the scene immediately after Zammitti’s murder, was shot point blank in the back.

Fitzpatrick has pleaded not guilty to all charges and maintains he did not have anything to do with the murders.

In Session is bringing you live coverage of this case.

–In Session staff

LAS VEGAS, Nevada – The presentation of evidence finally ended Friday in Elizabeth Halverson’s judicial misconduct hearing. Halverson called 20 witnesses, 19 of them on Friday.

Most of the six commissioners had evening flights to catch to other parts of Nevada so there was no time for closing arguments. Instead, both sides will put their arguments in writing which means there won’t be a decision for at least 3-4 weeks.

Three women who were on Halverson’s staff testified that she was a fair boss, rarely yelled, never used foul language, and created a congenial, cooperative work environment. These witnesses–a judicial executive assistant, court recorder, and court clerk—all worked for Halverson in April 2007 or later, after their predecessors (and witnesses for the prosecution) quit or were fired. They are fiercely supportive of Halverson and often testily answered questions by the special prosecutor.

A number of Halverson’s witnesses, however, did not show on Friday; most were government employees. County attorney, Jillian Prieto, had earlier agreed to accept service of the subpoenas and coordinate their appearances. Halverson accused Prieto of obstruction in preventing their appearances.

Within an hour of that public proclamation, an angry Prieto showed up and pointed an accusing finger at Halverson. Prieto said Halverson was lying to the Commission. She then detailed her contact with Halverson during the past two weeks and her efforts to get dates and times certain for the witnesses to appear at the hearing. In the end, the Commissioners allowed no additional time for the missing witnesses to testify.

A clerk kept track of the time each side spent in questioning witnesses and making arguments to the Commissioners. Throughout the seven-day hearing, the special prosecutor used 11 hours and 22 minutes. Halverson and her attorney used 18 hours and 4 minutes. That accounting is likely to be used against Halverson if she continues to argue that she didn’t have enough time to present her evidence and dismantle the evidence against her.

After the hearing adjourned, Halverson lingered to chat. I asked her if she would consider running, again, for a judicial position if the Commission does not bar her from future office. She said she would, indeed, like to run again someday. Halverson got reflective and a little emotional as she described the satisfaction she received in being a judge. She felt she made a difference in people’s lives when, for example, she could mediate a dispute or give someone a second chance at bettering his life.

Throughout the past two weeks, I frequently spoke with Halverson during hearing recesses. She is intelligent, quick, and charming. But during her hours of testimony, her temper flared at times which tended to bolster some of the allegations against her. Then, again, she says she waited a long time to tell her side and perhaps the fatigue of the whole process made her irritable during certain questioning.

Removing a judge from office, which also bars future election to judicial office, is rare. The Commission removed judges three times in recent Nevada legal history:1992, 1995, and 1998. Two of those judges were from Las Vegas; the third was from the City of North Las Vegas. I’ve heard observers of this hearing opine that Halverson will be removed; others say the opposite. Stay tuned.

– Beth Karas, In Session correspondent

WOBURN, Massachusetts–The prosecution in the Massachusetts trial of Sean Fitzpatrick – charged with the double murder of his ex-lover’s husband and the husband’s employee – appears to be winding down.

Nevertheless, several critical witnesses took the stand on Thursday – including the victim’s mother (who saw Fitzpatrick embracing her daughter-in-law), the defendant’s former sister-in-law (who believes in his innocence), and his former best friend (who used to believe in his innocence, but has subsequently come to a different conclusion).

Probably the most dramatic testimony of the day came from Patricia Zammitti, the mother of murder victim Michael Zammitti, Jr. She testified that she had become concerned about what she believed was a growing closeness between the defendant and Michele Zammitti, Michael’s wife.

Her suspicions were confirmed on August 18, 2005 – when she came home unexpectedly and caught the couple hugging. “They were on the porch, embraced . . . I was very, very upset; I was actually speechless. I didn’t know what to say. They were both shocked to see me. And I turned around, and I walked out.”

FItzpatrick has pleaded not guilty to the double murder charges and maintains he was not involved in the killings.

The trial is being broadcast live on In Session.

–In Session staff

LAS VEGAS, Nevada–Elizabeth Halverson choked up toward the end of her testimony Thursday afternoon as she described discovering traffic tickets in the files of her assistant, Ileen Spoor.

Halverson believed that illegal ticket-fixing was occurring in her office. Spoor was on vacation at the time Halverson discovered the tickets in early May 2007. Halverson said she acted quickly to seek counsel, terminate Spoor’s employment, and get the assistance of court administration and the police. As it turns out, nothing much came of the investigation into the alleged ticket scheme. The prosecution rested after Halverson’s testimony.

Although Halverson was the only witness to testify, there were other interesting developments before she had finished. In the middle of the afternoon, the Commissioner on Judicial Discipline invited Halverson’s attorney to make his motion to dismiss the 14 counts against Halverson for insufficient evidence.

After hearing arguments from both sides and conferring among themselves, the six Commissioners issued their unanimous finding. They dismissed three of the 14 counts and portions of two other counts. The effect should cut down the number of witnesses Halverson will call in her case on today.

The dismissed counts (1, 4, and 9) deal with allegations that Halverson improperly conferred with a hearing master about an attorney appearing before both of them, that Halverson returned draft orders and judgments of conviction to her court clerk and law clerk without explaining what was wrong with them, and that Halverson created a hostile work environment for her court recorder, Richard Kangas.

Among the 11 remaining counts are the allegations of misconduct toward her former bailiff Johnnie Jordan, allegations of misconduct in communicating with deliberating jurors out of the attorneys’ presence, sleeping on the bench during jury trials, hiring private bodyguards, and calling 911 to report that unauthorized personnel were attempting to access her chambers.

On cross examination, Halverson reiterated much of what the Commissioners have already heard. For example, Halverson said she never ordered her bailiff to cover her with a blanket—if he did it, it was because he wanted to; she never required him to work long uncompensated overtime; her bailiff rubbed her feet only one time, at his own initiative; and she never asked a private computer technician to hack into the court’s computer system.

Doug Jones, one of the seven commissioners, is absent this week. Jones, one of the three laypersons on the panel, had unexpected business to attend to on Thursday. The hearing proceeded in his absence since there is still a quorum with six in attendance. Five of the six commissioners must agree for there to be a decision. Jones, however, will not be able to participate in any of the decisions since he missed this week’s testimony.

Halverson is expected to begin calling witnesses on today.  In Session will cover the hearing live.

–Beth Karas, In Session correspondent

NEW YORK - The sheriff’s department in Orange County, Florida is saying they are placing emphasis on the dates of June 16, 17 and 18 as they investigate the disappearance of 3-year-old Caylee Anthony in Orlando.

Their theory seems to be pretty clear. The last time Caylee is shown in a picture or video was on Father’s Day, June 15, when grandmother Cindy Anthony took video of her as she visited her great grandfather. On June 16, George Anthony says he saw his Caylee in the early afternoon when she and Casey were leaving the family home. Later on that day, there was a flurry of calls from Casey’s cell to her parents.

None of those calls were ever answered because George and Cindy Anthony were unavailable and Casey never left any messages. Later that same week, neighbors told police Casey borrowed a shovel for a short time, taking it to the backyard of her parent’s home and then returned it.

A law enforcement source is being quoted by local television affiliates in Orlando as saying investigators believe there was an accident during that time that resulted in the death of Caylee. Under the law, accident is a term that can mean no criminal responsibility for one’s actions. An accident in lay terms can mean one didn’t mean for anything to happen and legally the result can be just about the same.

Many a jury instruction, that roadmap given to jurors at the end of a trial, has stated “if you believe this was an accident you must acquit the defendant.” If this becomes a homicide case, state attorneys in Florida will not look at this as an accident. They will assign what they believe is the proper criminal responsibility to whomever they believe harmed this little girl.

Also, rumors abound that additional charges may be filed against Casey this week, which have nothing to do with the disappearance of her daughter. Friends say she stole money and fraudulently used credit cards. Authorities appear to be pressuring the 22-year-old into realizing how serious they are in seeking answers. Casey's attorney, Jose Baez, has to be vigilant in drawing a very fine line to protect her constitutional rights but at the same time still give information on Caylee’s whereabouts, while maintaining dignity and respect for the 3-year-old little girl.

–Jean Casarez, In Session correspondent

WOBURN, Massachusetts–The Sean Fitzpatrick murder trial continued Wednesday with the testimony of police officers. The first witness of the day was a New Hampshire state trooper who once arrested the defendant; the final witness was a Massachusetts detective who investigated the March 13, 2006 shooting deaths of Michael Zammitti, Jr. and Chester Roberts.

In between, jurors also heard from several of the defendant’s neighbors – and from a close friend of Michele Zammitti, the woman prosecutors believe drove Fitzpatrick to murder when she told him she was ending their affair to recommit to her husband.

Susan Gaudet, Michele Zammitti’s confidante, recalled the day – only weeks before the murders – that Zammitti tried to break off her relationship with the defendant. “He was not quite understanding, you know, her telling him that she wanted to stay with her husband . . . she was pretty distraught.”

But Gaudet also remembered the depth of the Zammitti/Fitzpatrick relationship. “She told you she connected with Mr. Fitzpatrick on a deep emotional level?” “Yes.” “She and Mr. Fitzpatrick were able to be very open with other?’ “Yes.” “And she had genuine affection for him . . . he fulfilled her emotional needs in a unique way?” “Correct.”

FItzpatrick has pleaded not guilty to all charges in this case.  Trial coverage continues live on In Session.

–In Session staff

LAS VEGAS, Nevada–Elizabeth Halverson’s hearing before the Nevada Commission on Judicial Discipline continues today at 1 p.m. ET. 

When the hearing adjourned last week, Halverson was on cross examination as one of the final witnesses in the special prosecutor’s case against her. The hearing ended early because Halverson suffered a hypoglycemic episode as a result of her diabetes.

She is expected to resume her cross under a friendly examination by her attorney, Michael Alan Schwartz. By midday or so, Halverson should begin presenting her own evidence.

Two days ago, Clark County, Nevada voters went to the polls in a primary. Wednesday’s edition of the Las Vegas Review-Journal had a front-page headline: “In low turnout, voters pummel incumbents: three lawmakers, two judges ousted.”

One of the ousted judges is Elizabeth Halverson. She received 10 per cent of the votes cast. Her opponents, attorney Jason Landess and Family Court Judge Stefaney Miley won 30 and 60 percent, respectively. They will face each other in the November general election for the seat Halverson will vacate as of the end of the year: District Court Judge, Department 23.

Halverson’s loss on Tuesday doesn’t mean the disciplinary hearing stops. She is still collecting her $130,000 salary until the end of this year unless this Commission removes her before then. Removal also means that she can never run for judicial office again.

Also, this past week, Halverson asked to postpone a related hearing in federal court which was originally scheduled for this morning. It is now expected to be held the week of September 8. Halverson wants a preliminary injunction to stop this disciplinary hearing because she says her rights are violated, among them, that she doesn’t have enough time to present all her evidence. This disciplinary hearing, however, should long be concluded by September 8 when a federal judge takes up the matter.

Stay tuned to In Session for the latest coverage of this hearing.

–Beth Karas, In Session correspondent

NEW YORK - The missing person’s case, unofficially a homicide investigation, involving 3-year-old Caylee Anthony out of Orlando Florida continues to mystify the country. Meantime, whomever knows what happened to the precious little girl is not talking, at least publicly.

The girl’s 22-year-old mother, Casey Alexander, has been labeled by her friends in the search warrant affidavit as a “habitual liar", but she has consistently said that she last saw Caylee when giving her to babysitter Zenaida Fernandez Gonzalez. Police found a woman by the same name and have cleared her. Gonzalez has even done an interview saying she never met Casey or Caylee.

But there is one link in the chain that remains a question: Casey told investigators she last left Caylee at the Sawgrass Apartments in Orlando. Gonzalez admits she did in fact go to those very apartments, filled out an information card, but did not rent a unit there. How did Casey know this woman’s name, including her middle name of Fernandez, which in the Hispanic culture is most likely her maiden name and not normally used on a regular basis? How did Casey link her to the very apartments she had independently gone to?

Casey’s mother Cindy has publicly said she will take a lie detector test saying that for several years now her daughter has spoken of a Zenaida Gonzalez. But when police showed Casey the picture of this particular woman she responded that it was not the woman she gave her baby to.

The basis for upgrading charges to homicide will most likely lie in the forensic testing that is currently being undertaken by the FBI. The car Casey was last seen driving was abandoned during the week of August 15th and had a positive hit by cadaver dogs in the right trunk area. Investigators found hairs that visually matched Caylee’s and a stain that presumptively tested positive for blood and/or DNA.

Casey is currently being held on a $500,000 bond on the felony charge of child neglect, along with lying to an officer. The Anthony family insists Caylee is alive and being held by someone. Police do not believe the little girl has been kidnapped. One must remember that prosecutors in Florida are not afraid to charge the death penalty if they believe the statutory aggravators fit the case.

Although the Anthony family is focused on finding Caylee, the fact this case could turn into a charge of first degree murder against their daughter has to be at the back of their minds as they wake up every morning and go to bed every night.

–Jean Casarez, In Session correspondent