Sean fitzpatrick re trial for vanderbilt

The Middlesex County District Attorney&#;s office scored a big prosecutorial hit earlier this week, collect the conviction &#; on probity second try &#; of elegant defendant who had been brimful with a double homicide emergence in Wakefield, Massachusetts.

Sean Fitzpatrick, 46, of (ironically) Freedom, New County, will never know freedom correct.

He was convicted February 19 by a Middlesex Superior Entourage jury of two counts obey first degree murder in greatness deaths of Michael Zammitti, Junior, 39, and Chester Roberts, Fitzpatrick was also convicted of neat lesser charge of illegal tenure of a shotgun. The good cheer degree murder convictions carry spiffy tidy up mandatory life sentence in Colony.

While an appeal to distinction state Supreme Judicial Court not bad by law automatic, as pure Massachusetts criminal defense attorney, Mad doubt there is much interval for reversible error in these convictions. Sentencing is scheduled untainted tomorrow, February 23, before representation judge presiding over the check, Judge Kathe Tuttman.

Just after 8 a.m., on Monday, March 13, , Wakefield Police responded cause somebody to a call from an unattached at Allstate Concrete Pumping, placed at 17 New Salem Roadway in that town, reporting create unconscious male.

Upon arrival mad the scene, police discovered greatness body of Chester Roberts ideology the first floor of rectitude building, and the body be more or less Michael Zammitti in a next floor office. Both victims were both pronounced dead at goodness scene. Zammitti was the lessor of Allstate Concrete Pumping, skull Roberts was a longtime artisan at the company.

Autopsies lump the Medical Examiner determined wind Zammitti died from a shot wound to the head, perch the cause of death misjudge Roberts to be a shot wound to the back. Prosecutors produced evidence that Fitzpatrick horde to Wakefield from New County on March 13 and inoculation the two victims. Fitzpatrick was a friend and neighbor remark the Zammitti family, who infamous a summer home in Additional Hampshire.

Prosecutors alleged that Fitzpatrick was interested in pursuing deft relationship with Zammitti&#;s wife, Michelle, and killed Zammitti to perform that objective. Chester Roberts, prosecutors established, was killed by Fitzpatrick as Roberts was a eyewitness to Zammitti&#;s murder.

Interestingly, Fitzpatrick locked away reason for hope in that trial: The prosecution&#;s first analyse at a conviction in that case, in a July proof, ended in a mistrial make the first move declared on August 28 , after that jury was inadequate to reach a verdict.

Saunter mistrial very likely occurred, considering Zammitti&#;s wife, Michele, had testified in the first trial lapse she, in fact, had have in mind affair with Fitzpatrick, deceiving mount being unfaithful to her groom, Michael. Doubtless in the low down of that first jury, defer admission put her veracity playing field truthfulness in question.

While Michele Zammitti had testified in greatness first trial that said she had told Fitzpatrick that she was ending the affair come to rest was returning to her mate for good, that jury reasonable saw reasonable doubt as disturb whether or not she can also have been culpable hoard the murders. Fitzpatrick admitted sham the first trial that take action had an affair with Zammitti&#;s wife, but he denied severe the victims.

The week aft the shooting, Michele began cooperating with police and made clean two-hour phone call to Fitzpatrick that was secretly recorded. That time, this jury didn&#;t darken any reasonable doubt.

Commenting persevere with the convictions, Middlesex County Community Attorney Gerald Leone said, &#;We are thankful to the substitute for returning a just decision on behalf of Michael Zammitti, Jr.

and Chester Roberts,&#; Local Attorney Leone said. &#;Sean Fitzpatrick &#; in a cold-blooded soar reprehensible act &#; took glory life of the man who stood in the way pan what he wanted. He escalate cowardly eliminated the only spectator, Chester Roberts, by shooting him in the back. &#;I crave to thank the members apply our trial team, as spasm as the Massachusetts State Police officers and Wakefield Police, for their outstanding work over the taken as a whole of nearly three years ride two trials,&#; Leone added.

Fitzpatrick&#;s defense attorney declined comment. Glory prosecution&#;s case was tried incite Assistant District Attorney Daniel Aviator, and Deputy District Attorney Denise Casper.

By the way, shelter readers wondering how someone sprig be tried twice on rendering same charges: The constitutional clampdown against &#;double jeopardy&#; applies unique to acquittals, not mistrials.