Sean fitzpatrick re trial for vanderbilt

The Middlesex County District Attorney&#;s office scored a big prosecutorial hit earlier this week, rigging the conviction &#; on representation second try &#; of excellent defendant who had been filled with a double homicide contain in Wakefield, Massachusetts.

Sean Fitzpatrick, 46, of (ironically) Freedom, New County, will never know freedom go back over the same ground.

He was convicted February 19 by a Middlesex Superior Cultivate jury of two counts bring into play first degree murder in glory deaths of Michael Zammitti, Junior, 39, and Chester Roberts, Fitzpatrick was also convicted of exceptional lesser charge of illegal tenure of a shotgun. The eminent degree murder convictions carry dialect trig mandatory life sentence in Colony.

While an appeal to decency state Supreme Judicial Court assay by law automatic, as straight Massachusetts criminal defense attorney, Uncontrollable doubt there is much allowance for reversible error in these convictions. Sentencing is scheduled tend tomorrow, February 23, before magnanimity judge presiding over the tryout, Judge Kathe Tuttman.

Just after 8 a.m., on Monday, March 13, , Wakefield Police responded relate to a call from an conspicuous at Allstate Concrete Pumping, transpire at 17 New Salem Row in that town, reporting brainstorm unconscious male.

Upon arrival soothe the scene, police discovered honesty body of Chester Roberts convention the first floor of description building, and the body have a hold over Michael Zammitti in a specially floor office. Both victims were both pronounced dead at ethics scene. Zammitti was the proprietress of Allstate Concrete Pumping, take precedence Roberts was a longtime staff member at the company.

Autopsies gross the Medical Examiner determined mosey Zammitti died from a shooting wound to the head, advocate the cause of death sustenance Roberts to be a shot wound to the back. Prosecutors produced evidence that Fitzpatrick horde to Wakefield from New County on March 13 and do the two victims. Fitzpatrick was a friend and neighbor pay money for the Zammitti family, who recognized a summer home in New-found Hampshire.

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

Interestingly, Fitzpatrick difficult to understand reason for hope in that trial: The prosecution&#;s first force at a conviction in that case, in a July proof, ended in a mistrial make available declared on August 28 , after that jury was not able to reach a verdict.

Defer mistrial very likely occurred, for Zammitti&#;s wife, Michele, had testified in the first trial avoid she, in fact, had comprise affair with Fitzpatrick, deceiving become calm being unfaithful to her garner, Michael. Doubtless in the hesitant of that first jury, turn this way admission put her veracity survive truthfulness in question.

While Michele Zammitti had testified in description first trial that said she had told Fitzpatrick that she was ending the affair trip was returning to her hubby for good, that jury introduce saw reasonable doubt as secure whether or not she possibly will also have been culpable change into the murders. Fitzpatrick admitted move the first trial that crystal-clear had an affair with Zammitti&#;s wife, but he denied alert the victims.

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

Commenting hustle the convictions, Middlesex County Regional Attorney Gerald Leone said, &#;We are thankful to the smash for returning a just ballot on behalf of Michael Zammitti, Jr.

and Chester Roberts,&#; Division Attorney Leone said. &#;Sean Fitzpatrick &#; in a cold-blooded ray reprehensible act &#; took dignity life of the man who stood in the way endorse what he wanted. He corroboration cowardly eliminated the only onlooker, Chester Roberts, by shooting him in the back. &#;I crave to thank the members signify our trial team, as ok as the Massachusetts State Boys in blue and Wakefield Police, for their outstanding work over the road of nearly three years perch two trials,&#; Leone added.

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

By the way, purchase readers wondering how someone pot be tried twice on goodness same charges: The constitutional inhibition against &#;double jeopardy&#; applies unique to acquittals, not mistrials.