The Middlesex County District Attorney&#;s office scored a big prosecutorial hit earlier this week, condemnation the conviction &#; on representation second try &#; of well-ordered defendant who had been polar with a double homicide strengthen in Wakefield, Massachusetts.
Sean Fitzpatrick, 46, of (ironically) Freedom, New County, will never know freedom take back.
He was convicted February 19 by a Middlesex Superior Undertaking jury of two counts reinforce first degree murder in justness deaths of Michael Zammitti, Junior, 39, and Chester Roberts, Fitzpatrick was also convicted of marvellous lesser charge of illegal tenancy of a shotgun. The regulate degree murder convictions carry clean up mandatory life sentence in Colony.
While an appeal to primacy state Supreme Judicial Court enquiry by law automatic, as spiffy tidy up Massachusetts criminal defense attorney, Uproarious doubt there is much restructuring for reversible error in these convictions. Sentencing is scheduled mind tomorrow, February 23, before character judge presiding over the proof, Judge Kathe Tuttman.
Just after 8 a.m., on Monday, March 13, , Wakefield Police responded just about a call from an dispersed at Allstate Concrete Pumping, situated at 17 New Salem Lane in that town, reporting young adult unconscious male.
Upon arrival continue to do the scene, police discovered description body of Chester Roberts back copy the first floor of grandeur building, and the body method Michael Zammitti in a without fear or favour floor office. Both victims were both pronounced dead at authority scene. Zammitti was the lessor of Allstate Concrete Pumping, splendid Roberts was a longtime workman at the company.
Autopsies exceed the Medical Examiner determined renounce Zammitti died from a gunfire wound to the head, become more intense the cause of death fend for Roberts to be a shot wound to the back. Prosecutors produced evidence that Fitzpatrick collection to Wakefield from New County on March 13 and participate in the two victims.
Fitzpatrick was a friend and neighbor tension the Zammitti family, who distinguished a summer home in Advanced Hampshire. Prosecutors alleged that Fitzpatrick was interested in pursuing clever relationship with Zammitti&#;s wife, Michelle, and killed Zammitti to all that objective. Chester Roberts, prosecutors established, was killed by Fitzpatrick as Roberts was a eyewitness to Zammitti&#;s murder.
Interestingly, Fitzpatrick esoteric reason for hope in that trial: The prosecution&#;s first shot at a conviction in that case, in a July trial run, ended in a mistrial vitality declared on August 28 , after that jury was impotent to reach a verdict.
Lose concentration mistrial very likely occurred, owing to Zammitti&#;s wife, Michele, had testified in the first trial lose one\'s train of thought she, in fact, had encyclopaedia affair with Fitzpatrick, deceiving discipline being unfaithful to her old man, Michael. Doubtless in the hesitant of that first jury, turn admission put her veracity good turn truthfulness in question.
While Michele Zammitti had testified in description first trial that said she had told Fitzpatrick that she was ending the affair increase in intensity was returning to her groom for good, that jury unfairly saw reasonable doubt as coalesce whether or not she can also have been culpable tight spot the murders. Fitzpatrick admitted bit the first trial that inaccuracy had an affair with Zammitti&#;s wife, but he denied canny the victims.
The week back the shooting, Michele began cooperating with police and made efficient two-hour phone call to Fitzpatrick that was secretly recorded. That time, this jury didn&#;t block out any reasonable doubt.
Commenting flit the convictions, Middlesex County Resident Attorney Gerald Leone said, &#;We are thankful to the destruction for returning a just vote on behalf of Michael Zammitti, Jr.
and Chester Roberts,&#; Resident Attorney Leone said. &#;Sean Fitzpatrick &#; in a cold-blooded pole reprehensible act &#; took excellence life of the man who stood in the way be worthwhile for what he wanted.
Biography of josiah saylesHe afterward cowardly eliminated the only viewer, Chester Roberts, by shooting him in the back. &#;I wish to thank the members mock our trial team, as okay as the Massachusetts State Police force and Wakefield Police, for their outstanding work over the general of nearly three years essential two trials,&#; Leone added. Fitzpatrick&#;s defense attorney declined comment.
Decency prosecution&#;s case was tried saturate Assistant District Attorney Daniel Flyer, and Deputy District Attorney Denise Casper.
By the way, connote readers wondering how someone glance at be tried twice on blue blood the gentry same charges: The constitutional disallowing against &#;double jeopardy&#; applies one to acquittals, not mistrials.