April 13, 2026

Part 2 | Blue on Blue: Kelsey Fitsimmons and the Cop-on-Cop Shooting

Part 2 | Blue on Blue: Kelsey Fitsimmons and the Cop-on-Cop Shooting

Part Two of a Two Part Series On June 30, 2025, officers from the North Andover Police Department in Massachusetts responded to what should have been a routine domestic call at the home of one of their own. Twenty-nine-year-old Officer Kelsey...

Apple Podcasts podcast player iconSpotify podcast player iconRSS Feed podcast player icon
Apple Podcasts podcast player iconSpotify podcast player iconRSS Feed podcast player icon
Season 1
Part Two of a Two Part Series

On June 30, 2025, officers from the North Andover Police Department in Massachusetts responded to what should have been a routine domestic call at the home of one of their own. Twenty-nine-year-old Officer Kelsey Fitzsimmons—on maternity leave with her four-month-old son—was being served a restraining order filed by her ex-fiancé amid a heated custody dispute. Moments after the officers entered, the situation exploded.

Fellow officer Patrick Noonan drew his weapon and fired twice, striking Fitzsimmons in the chest. She survived, but the aftermath ignited a firestorm: Was Fitzsimmons, claiming a mental-health crisis and postpartum struggles, attempting suicide by pointing the gun at herself? Or did she turn the weapon on a fellow cop and pull the trigger first, as Noonan and prosecutors alleged?

In this Exposed: Investigates episode, Jim unpacks the dramatic bench trial that gripped Essex County, the conflicting eyewitness accounts, the absence of body-camera footage, and the raw questions about police training, mental health support, and what happens when the thin blue line turns inward. From the tense moments inside that bedroom to the judge’s stunning verdict, this is the full, unflinching story of a cop-on-cop shooting that no one saw coming—and the verdict that left an entire department divided.

Timestamps
02:00 Justin's Alleged Crimes
02:57 Kelsey's Hospitalization and Arrest
05:01 Kelsey’s Statement from the Hospital
11:43 Grand Jury Findings and Charges
13:12 Kelsey’s House Arrest Conditions
24:43 Court Hearing and Judge's Decision
32:18 Kelsey’s Trial Begins
41:32 Verdict

For commercial free early releases, bonus episodes and more! https://www.patreon.com/exposedpodcastfiles




Become a supporter of this podcast: https://www.spreaker.com/podcast/exposed-scandalous-files-of-the-elite--6073723/support.
WEBVTT

1
00:00:20.079 --> 00:00:23.920
Hey everyone, welcome back. I'm your host, Jim Chapman, and

2
00:00:23.960 --> 00:00:28.960
we are continuing with part two of the Exposed Investigates

3
00:00:29.039 --> 00:00:33.439
Blue on Blue two part series, which covers the cop

4
00:00:33.560 --> 00:00:37.520
on cop shooting of Kelly Fitzsimmons. So if you have

5
00:00:37.719 --> 00:00:41.479
not heard part one, go check that out, go listen

6
00:00:41.520 --> 00:00:44.200
to it, so you'll be caught up. And we're gonna

7
00:00:44.200 --> 00:00:47.640
again pick up where I left off last week. Now,

8
00:00:47.679 --> 00:00:51.280
when I left you last Kelsey had been airlifted to

9
00:00:51.359 --> 00:00:55.439
the hospital. She had to undergo incidentally five surgeries within

10
00:00:55.560 --> 00:00:59.759
this time inside of the hospital, and while she's doing that,

11
00:01:00.679 --> 00:01:04.680
justin her fiance he allegedly figured, hey, that will be

12
00:01:04.719 --> 00:01:08.159
a good time to break into her house, steal her

13
00:01:08.280 --> 00:01:12.159
laptop some other things. And that's where I left off

14
00:01:12.439 --> 00:01:17.680
last episode. So picking up, according to reports, allegedly he

15
00:01:17.760 --> 00:01:20.400
gets that laptop and he goes back to his house,

16
00:01:20.439 --> 00:01:24.680
meaning justin and we know he had it because allegedly

17
00:01:24.840 --> 00:01:28.480
he connects to the Internet at his home and when

18
00:01:28.519 --> 00:01:31.920
you do that, guess what, there's a track record of that.

19
00:01:32.000 --> 00:01:35.319
The IP address is going to show up somewhere. And

20
00:01:35.799 --> 00:01:38.159
she is in the hospital this whole time, fighting for

21
00:01:38.239 --> 00:01:41.319
her life. Now a few of the other things Justin

22
00:01:41.719 --> 00:01:47.840
allegedly did. He allegedly accessed her Facebook and Gmail accounts,

23
00:01:48.319 --> 00:01:53.079
accessed her bank accounts with drew approximately five thousand dollars.

24
00:01:53.439 --> 00:01:58.959
He also accessed her medical records allegedly and the beneficiary

25
00:01:59.079 --> 00:02:04.560
information to her life insurance. He also canceled travel reservations

26
00:02:05.120 --> 00:02:09.759
that she had already paid for and then redirected those

27
00:02:09.879 --> 00:02:13.919
funds into his own account. Now, after doing all of this,

28
00:02:14.479 --> 00:02:19.080
he returns that laptop to her home and Kelsey is

29
00:02:19.120 --> 00:02:23.080
still hospitalized at this point. And I'm only speculating here,

30
00:02:23.520 --> 00:02:27.879
but he probably realized, oh shit, she's going to live,

31
00:02:28.400 --> 00:02:31.240
and I've got her laptop at my house, and so

32
00:02:31.360 --> 00:02:33.159
now I have to go return that because I can

33
00:02:33.240 --> 00:02:37.360
tell you initially he probably, like everybody else, wasn't so

34
00:02:37.520 --> 00:02:41.039
sure she was gonna make it. It was very bad

35
00:02:41.080 --> 00:02:45.520
for her critical And that's just my speculation, but it's

36
00:02:45.560 --> 00:02:48.199
the only thing that makes sense to me as to

37
00:02:48.240 --> 00:02:52.319
why he would return that laptop back to her house. So,

38
00:02:52.479 --> 00:02:56.479
all told, Kelsey Fitzsimmons spends fifty three days in the

39
00:02:56.520 --> 00:02:59.840
hospital recovering. And what is really crazy to me is

40
00:02:59.879 --> 00:03:03.680
that during her stay, while she is still in the hospital,

41
00:03:04.159 --> 00:03:08.000
Massachusetts State Police show up, and this girl at this

42
00:03:08.080 --> 00:03:11.560
point is far from being released from the hospital, y'all.

43
00:03:11.919 --> 00:03:14.479
It's really only clear at this point that she was

44
00:03:14.520 --> 00:03:17.639
going to live. She was still on a long road

45
00:03:17.879 --> 00:03:22.039
to recovery. They go to her hospital bed, mind you,

46
00:03:22.400 --> 00:03:24.919
and they arrest her. Now, they don't take her away

47
00:03:25.639 --> 00:03:29.120
and handcuff her and bring her to jail because she's

48
00:03:29.159 --> 00:03:34.280
in bad freaking shape, but they do arrain her, if

49
00:03:34.319 --> 00:03:37.759
you will, right there on the spot in her hospital bed.

50
00:03:38.280 --> 00:03:41.280
And what is, in my opinion at this point in

51
00:03:41.280 --> 00:03:44.680
the investigation, a very questionable case. And we'll get into

52
00:03:44.719 --> 00:03:47.000
that later on, but I want you to listen to

53
00:03:47.039 --> 00:03:47.639
this clip.

54
00:03:47.759 --> 00:03:48.240
Thank youse.

55
00:03:49.599 --> 00:03:52.719
Okay, my name is Stevid and with the best stay police.

56
00:03:53.159 --> 00:03:55.680
I'm searching at the DA's office since it's Camra Teas

57
00:03:57.240 --> 00:03:58.800
and just so you know, I have a body came

58
00:03:58.879 --> 00:04:03.759
on so unfortunately have the police winner arrest today. We're

59
00:04:03.800 --> 00:04:08.039
gonna a clear attorney so he knows, and then we're

60
00:04:08.039 --> 00:04:11.159
gonna try to get you arraigned via soon as soon

61
00:04:11.159 --> 00:04:15.000
as possible. All Right, I'm sorry, this kind of shocked, but.

62
00:04:19.000 --> 00:04:21.399
I trust you something.

63
00:04:22.319 --> 00:04:24.519
You're staying here, You're gonna get rid from your bed,

64
00:04:25.439 --> 00:04:27.120
all right, either we're gonna do it from my laptop.

65
00:04:27.160 --> 00:04:29.600
I don't know the ten buck come down here my

66
00:04:29.720 --> 00:04:30.680
dude's face cell phone.

67
00:04:30.720 --> 00:04:36.959
But so she is arrested theoretically, but she's still in

68
00:04:37.000 --> 00:04:41.480
that hospital bed, and while she is recovering, a grand

69
00:04:41.600 --> 00:04:46.160
jury is convened on charges of assault to commit martyr

70
00:04:46.399 --> 00:04:51.040
against officer nooned so from her hospital bed. This is

71
00:04:51.079 --> 00:04:54.800
on July seventeenth of twenty twenty five. She does release

72
00:04:54.839 --> 00:04:58.079
a statement and it is extremely important. This is a

73
00:04:58.120 --> 00:05:01.360
little bit lengthy, but it's a extremely important that you

74
00:05:01.560 --> 00:05:05.800
hear this. It starts. My name is Kelsey Fitzsimmons, and

75
00:05:05.839 --> 00:05:08.639
as I recover in my hospital bed, I'm ready to

76
00:05:08.639 --> 00:05:11.240
speak about the incident that took place on June thirtieth,

77
00:05:11.360 --> 00:05:14.079
twenty twenty five, in my own home, where I almost

78
00:05:14.160 --> 00:05:17.759
lost my life. I was diagnosed with postpartum depression in

79
00:05:17.839 --> 00:05:21.480
March of twenty twenty five, approximately three weeks after giving

80
00:05:21.600 --> 00:05:25.079
birth to my beautiful baby boy. I have actively been

81
00:05:25.120 --> 00:05:27.720
in treatment since the day of my diagnosis and was

82
00:05:27.759 --> 00:05:31.839
eager to heal and feel like myself again. Unfortunately, a

83
00:05:31.959 --> 00:05:36.600
sickness does not happen overnight. However, what can happen overnight

84
00:05:36.680 --> 00:05:40.240
is my life turning upside down into something so horrible

85
00:05:40.600 --> 00:05:43.160
my mind wouldn't be able to imagine it if it

86
00:05:43.240 --> 00:05:48.519
weren't my current reality. Someone who I thought understood my diagnosis,

87
00:05:48.959 --> 00:05:51.160
loved me in sickness and in health, and was in

88
00:05:51.240 --> 00:05:54.079
my corner for my journey of my active treatment to

89
00:05:54.120 --> 00:05:57.319
get better, turned their back on me. Said person is

90
00:05:57.399 --> 00:06:00.560
now legally bullying me to get what they want during

91
00:06:00.600 --> 00:06:04.000
my character and using my diagnosis against me to make

92
00:06:04.079 --> 00:06:06.839
me seem like I am a monster. There are more

93
00:06:07.000 --> 00:06:11.079
false allegations than I can even comment on. The deep

94
00:06:11.199 --> 00:06:13.639
love I have for my baby boy sustains me and

95
00:06:13.759 --> 00:06:16.839
keeps me strong. I haven't spent more than a night

96
00:06:16.920 --> 00:06:19.959
away from him since I delivered him, and I adore

97
00:06:20.079 --> 00:06:22.519
every moment I spend with him. He's my best friend,

98
00:06:22.560 --> 00:06:26.439
my miracle, my little man, my sweet boy, and most importantly,

99
00:06:26.480 --> 00:06:29.639
a giant piece of my heart. Right now, that piece

100
00:06:29.680 --> 00:06:31.839
of my heart is missing when I need it the most.

101
00:06:32.199 --> 00:06:35.680
I'm five months postpartum without my baby boy, who needs

102
00:06:35.680 --> 00:06:38.240
me as much as I need him. I would never

103
00:06:38.319 --> 00:06:41.000
put that angel of a child in harm's way. My

104
00:06:41.199 --> 00:06:43.720
job as his mama is to protect him, and that

105
00:06:43.839 --> 00:06:46.399
is what I've always done and will continue to do

106
00:06:46.519 --> 00:06:49.120
for the rest of my life. Becoming a mother has

107
00:06:49.120 --> 00:06:51.920
always been my dream, and I never made any threats

108
00:06:51.959 --> 00:06:56.079
toward my baby. That allegation specifically makes me sick to

109
00:06:56.120 --> 00:06:58.920
my stomach. I was alone with my baby day in

110
00:06:59.000 --> 00:07:01.160
and day out for mom caring for him as my

111
00:07:01.279 --> 00:07:05.000
fiance frequently worked twenty four to forty eight hour shifts,

112
00:07:05.279 --> 00:07:08.879
but conveniently, there were never any concerns up until now.

113
00:07:09.120 --> 00:07:11.959
On June thirtieth, twenty twenty five, I received a phone

114
00:07:11.959 --> 00:07:14.240
call from my fiance to meet him at the park

115
00:07:14.279 --> 00:07:16.439
to go for a walk with our baby boy together.

116
00:07:16.600 --> 00:07:18.839
After almost three hours of waiting for him in the

117
00:07:18.879 --> 00:07:21.560
park and no communication from him, I went home very

118
00:07:21.600 --> 00:07:24.759
confused as he never showed up. About an hour later,

119
00:07:24.839 --> 00:07:27.439
I'm sitting on my couch feeding my baby boy when

120
00:07:27.480 --> 00:07:30.319
I got a knick on the front door. Very confused

121
00:07:30.319 --> 00:07:33.240
to see three in my colleagues, I opened that door

122
00:07:33.319 --> 00:07:36.319
and I am told the following. Your fiance has filed

123
00:07:36.319 --> 00:07:39.040
a restraining order against you. He will be taking your

124
00:07:39.079 --> 00:07:42.879
son away with no contact allowed. Your firearms license that

125
00:07:43.040 --> 00:07:46.399
was just returned is gone. Again, and oh, yeah, that

126
00:07:46.519 --> 00:07:49.480
career you worked so hard for and love that you

127
00:07:49.519 --> 00:07:52.600
were just cleared to return to that will be taken

128
00:07:52.600 --> 00:07:56.680
away too. Following this interaction, I packed my bags containing

129
00:07:56.720 --> 00:08:00.439
baby food, clothes, diapers, toys, etc. For my son to

130
00:08:00.480 --> 00:08:02.720
be taken away from me. I passed my son off

131
00:08:02.720 --> 00:08:05.240
to a fellow officer, and I went into my bedroom.

132
00:08:05.319 --> 00:08:07.560
In that horrible moment, I did not want to live.

133
00:08:07.639 --> 00:08:10.399
After my whole war was turned upside down in a

134
00:08:10.480 --> 00:08:14.360
matter of a ten second conversation due to someone alleging horrible,

135
00:08:14.519 --> 00:08:18.759
untrue things. We have a broken legal system where anyone

136
00:08:18.839 --> 00:08:22.040
can walk into a courtouse write anything that self serves

137
00:08:22.079 --> 00:08:24.639
them on an affidavit, and as a result, a brand

138
00:08:24.639 --> 00:08:28.800
new mother suffering with postpartum depression gets her baby taken away.

139
00:08:29.120 --> 00:08:32.320
We are calling on legislature and the governor to reform

140
00:08:32.360 --> 00:08:35.159
this abomination of a statute where the first person to

141
00:08:35.159 --> 00:08:37.000
get to court and fill out a form can take

142
00:08:37.039 --> 00:08:39.519
a mother's newborn away from her if they can sneak

143
00:08:39.519 --> 00:08:42.039
it in front of a judge without the mother's notice

144
00:08:42.120 --> 00:08:45.279
or opportunity to be heard. If there's an immediate issue,

145
00:08:45.320 --> 00:08:47.879
someone can call nine one one the courts are not

146
00:08:47.960 --> 00:08:50.759
equipped for proper on the spot decision making in this

147
00:08:50.879 --> 00:08:54.679
context without a hearing for both sides. As a police officer,

148
00:08:54.720 --> 00:08:56.399
I am trained to know what to do if I

149
00:08:56.519 --> 00:09:01.559
counter a suicidal individual who is only a threat to themselves.

150
00:09:01.679 --> 00:09:04.799
I am certainly not trained to shoot a suicidal person

151
00:09:04.840 --> 00:09:07.840
in the chest. But here I am today, two surgeries later,

152
00:09:07.960 --> 00:09:11.879
bedridden and trying really hard to deal with these significant injuries.

153
00:09:11.960 --> 00:09:15.240
I am facing felony charges for a half hearted attempt

154
00:09:15.399 --> 00:09:17.919
to take my own life. Let me say that again,

155
00:09:18.320 --> 00:09:20.919
I am in trouble and have a gunshot wanning to

156
00:09:20.960 --> 00:09:24.799
my chest because in that awful, isolated moment, I no

157
00:09:24.879 --> 00:09:28.279
longer had the will to live. I never pointed my

158
00:09:28.399 --> 00:09:32.679
firearm at that officer. That officer was not just a colleague,

159
00:09:32.759 --> 00:09:35.840
He was my friend. That officer and I experienced very

160
00:09:35.879 --> 00:09:40.200
difficult and sad called together last summer. That call for

161
00:09:40.320 --> 00:09:43.559
service that day was a true tragedy and cause this

162
00:09:43.679 --> 00:09:46.960
officer and I to build a friendship due to experiencing

163
00:09:47.000 --> 00:09:50.320
it together. We entered a home and walked into something

164
00:09:50.399 --> 00:09:53.759
no human being should ever see, a murder suicide scene

165
00:09:53.799 --> 00:09:56.879
with a mother an infant. As a rookie police officer.

166
00:09:57.000 --> 00:09:59.519
This was devastating to me. At the time, I was

167
00:09:59.559 --> 00:10:03.000
twenty week pregnant. The officer that shot me experienced this

168
00:10:03.159 --> 00:10:06.080
call with me to this day. His support during that

169
00:10:06.159 --> 00:10:09.759
hard time is something I am still grateful for. Regardless

170
00:10:09.799 --> 00:10:13.919
of this recent incident that occurred. This traumatic murder suicide

171
00:10:13.960 --> 00:10:17.639
call was a catalyst for my mental health complications as

172
00:10:17.639 --> 00:10:20.559
a police officer myself, I would never even think to

173
00:10:20.679 --> 00:10:24.600
intentionally hurt another police officer. I see everyone in uniform

174
00:10:24.639 --> 00:10:27.639
as my brothers and sisters. I especially would never hurt

175
00:10:27.679 --> 00:10:30.879
a friend, my friend who has a loving wife and children.

176
00:10:31.240 --> 00:10:35.120
I just would never. My firearm was never pointed in

177
00:10:35.240 --> 00:10:38.679
any direction other than my temple. When I pulled the trigger,

178
00:10:38.759 --> 00:10:42.639
my gun did not fire. However, I immediately got shot in

179
00:10:42.679 --> 00:10:46.399
the chest by my colleague and friend. I'm extremely grateful

180
00:10:46.480 --> 00:10:49.799
for two things. That God protected me from my attempt

181
00:10:49.799 --> 00:10:53.360
from taking my own life and protected me by millimeters

182
00:10:53.399 --> 00:10:55.799
from dying from that gun shot wint into my chest.

183
00:10:56.200 --> 00:10:58.879
I will survive and thrive. I know I need to

184
00:10:58.879 --> 00:11:01.799
be on this earth for many reasons, but most importantly

185
00:11:02.200 --> 00:11:05.840
my beautiful son. This is my covenant with God and

186
00:11:06.080 --> 00:11:08.879
my son. I would also like to note that from

187
00:11:08.879 --> 00:11:12.799
the very beginning, I acknowledge my diagnosis of postpartum depression

188
00:11:12.799 --> 00:11:16.200
and immediately sought help for medical professionals, I was failed

189
00:11:16.200 --> 00:11:19.080
by so many. The narrative that has been released by

190
00:11:19.200 --> 00:11:22.960
NAPD is vague and noncommittal for a reason. If body

191
00:11:22.960 --> 00:11:25.720
cameras were warned by my department, I would not be

192
00:11:25.759 --> 00:11:28.200
in a position where I am wrongly accused of pointing

193
00:11:28.200 --> 00:11:32.120
a gun at another officer. I know the truth will prevail.

194
00:11:32.639 --> 00:11:35.600
Kelsey Simmons, and that was her statement. She brings up

195
00:11:35.639 --> 00:11:39.519
a lot of good points, none more obvious than no

196
00:11:39.639 --> 00:11:42.759
body cameras. And look, a lot of departments don't wear

197
00:11:42.840 --> 00:11:46.200
body cameras for whatever reason. But this is certainly a

198
00:11:46.279 --> 00:11:51.039
case for the promotion of body cameras, because a body

199
00:11:51.039 --> 00:11:54.240
camera don't lie. But back to it. The grand jury,

200
00:11:54.279 --> 00:11:57.399
as I told you, convened and they return what's none

201
00:11:57.440 --> 00:12:00.759
as a no true bill indictment, meaning that grand jury

202
00:12:01.039 --> 00:12:03.679
they didn't feel like there was enough evidence to charge

203
00:12:03.759 --> 00:12:08.639
Kelsey with assault to commit murder. And keep that in mind, Look,

204
00:12:08.879 --> 00:12:12.519
it's not hard to get an indictment because a defense

205
00:12:12.600 --> 00:12:16.200
is not allowed to produce a defense to a grand jury.

206
00:12:16.759 --> 00:12:21.720
All that happens in a grand jury indictment is the

207
00:12:21.759 --> 00:12:25.159
prosecution goes and they say, this is our evidence, and

208
00:12:25.279 --> 00:12:28.120
based off of this evidence, do you think there's enough

209
00:12:28.159 --> 00:12:31.919
evidence to convict? And a grand jury, which meets in secret,

210
00:12:32.360 --> 00:12:35.759
decides that they either do a true bill indictment or

211
00:12:35.799 --> 00:12:38.639
a no true bill indictment. In this case, they say,

212
00:12:38.759 --> 00:12:42.960
guess what, eh, there ain't enough evidence here to convict

213
00:12:43.080 --> 00:12:46.679
this girl of pointing a gun this officer. But rather

214
00:12:46.759 --> 00:12:50.559
than back off that point, meaning the prosecution in the

215
00:12:50.600 --> 00:12:55.519
District Attorney's office specifically, they just lower the charges to assault.

216
00:12:55.960 --> 00:12:58.200
And the reason that they do that is there's not

217
00:12:58.840 --> 00:13:03.000
as high a arding of the evidence to convict someone

218
00:13:03.039 --> 00:13:06.879
of assault. Assault only carries a five year prison sentence,

219
00:13:06.960 --> 00:13:10.279
so they lower the charges, they reshow this evidence, and

220
00:13:10.279 --> 00:13:13.399
they're able to get an indictment on that. So on

221
00:13:13.519 --> 00:13:17.240
August twenty eighth, Kelsey, who was just recently released from

222
00:13:17.240 --> 00:13:21.799
the hospital, she gets arranged and she pleads not guilty

223
00:13:21.960 --> 00:13:24.679
to these charges. Now, the judge that we're going to

224
00:13:24.759 --> 00:13:30.080
talk about for a second, her name is Judge McCarthy naming,

225
00:13:30.440 --> 00:13:34.279
and she allows Kelsey to be released under house arrest.

226
00:13:34.480 --> 00:13:37.519
And there were some other requirements that she had to

227
00:13:37.559 --> 00:13:40.600
have while she was waiting for her trial. One of

228
00:13:40.639 --> 00:13:43.399
those was she was not allowed to drink alcohol, and

229
00:13:43.480 --> 00:13:46.600
she had to submit to what's done as a scram

230
00:13:46.639 --> 00:13:50.519
alcohol test. And it's basically a machine that you breathe

231
00:13:50.600 --> 00:13:54.000
into and you can't just breathe like you breathe naturally.

232
00:13:54.080 --> 00:13:57.120
You've got to take deep breaths and breathe into this

233
00:13:57.200 --> 00:14:00.799
thing and it reads out an alcohol level, and you

234
00:14:00.879 --> 00:14:03.559
have to do this so many times per day. The

235
00:14:03.679 --> 00:14:05.960
problem was keep in mind, this girl was shot in

236
00:14:06.000 --> 00:14:09.320
the chest and the bullet punctured her lunch. You just

237
00:14:09.360 --> 00:14:12.120
got out of the hospital, You reckon it might be

238
00:14:12.159 --> 00:14:15.879
pretty painful to breathe into this thing several hours per

239
00:14:16.000 --> 00:14:19.960
day or whatever it was, well, it certainly was painful.

240
00:14:20.279 --> 00:14:22.759
And her attorneys they do the right thing. They get

241
00:14:22.799 --> 00:14:25.919
a cord and they make some request. And I want

242
00:14:25.960 --> 00:14:28.639
you to listen to this next clip because it speaks

243
00:14:28.759 --> 00:14:33.960
volumes about what is, in my opinion, some malicious prosecution

244
00:14:34.120 --> 00:14:38.440
going on here and what the judge is doing, and

245
00:14:38.679 --> 00:14:41.399
she appears to have it out for Kelsey in a

246
00:14:41.440 --> 00:14:45.360
pretty personal way. This is from the hearing where her

247
00:14:45.399 --> 00:14:50.840
attorneys they're requesting another option to that scream machine in emotion,

248
00:14:51.440 --> 00:14:53.600
listen to this, So I received.

249
00:14:53.200 --> 00:14:56.840
A defendant's emergency emotions for immediate reach from Scramborder.

250
00:14:58.039 --> 00:14:58.799
So I'll hear from the.

251
00:14:58.799 --> 00:15:01.799
Movie party, thank you so much for judge.

252
00:15:01.840 --> 00:15:03.159
This is an issue that.

253
00:15:04.679 --> 00:15:07.879
Causes Miss fit Simmon's a lot of pain and she

254
00:15:08.080 --> 00:15:11.399
I don't want to conflate her being able to pass

255
00:15:11.440 --> 00:15:14.000
the test because she's been passing them, but she has

256
00:15:14.039 --> 00:15:17.720
about four hours of pain and dizziness afterwards. And you know,

257
00:15:17.799 --> 00:15:20.679
I don't think anyone, and I know the court would

258
00:15:20.879 --> 00:15:23.879
share my thought that this shouldn't be a torture device

259
00:15:23.919 --> 00:15:26.600
for her. This shouldn't be something that causes her pain,

260
00:15:27.080 --> 00:15:31.039
impairs her rib healing, et cetera, et cetera. So you know,

261
00:15:31.080 --> 00:15:35.360
we're not trying to get any sort of advantage over anything.

262
00:15:37.000 --> 00:15:39.919
We just want her to not A to not be

263
00:15:40.240 --> 00:15:45.440
in pain for hours after these tests and b you know,

264
00:15:45.519 --> 00:15:48.519
we just want her to not have the anxiety that

265
00:15:50.120 --> 00:15:52.159
if she has a difficulty doing it, that she's going

266
00:15:52.240 --> 00:15:54.080
to get a knock on the door and get locked up.

267
00:15:54.720 --> 00:15:59.320
You have mister January's email regarding his own observations about

268
00:15:59.679 --> 00:16:00.519
what happen.

269
00:16:00.679 --> 00:16:05.440
And incidentally, y'all, mister January is Kelsey, suprobation officer. So

270
00:16:05.600 --> 00:16:08.720
we continue, and you know, I think that says it all.

271
00:16:09.120 --> 00:16:13.440
That's someone that has no bias or interest and you know,

272
00:16:13.519 --> 00:16:17.840
probation enforces court orders and that's that. And he is

273
00:16:17.919 --> 00:16:19.679
telling the court this is a problem.

274
00:16:20.360 --> 00:16:24.639
Okay, So you're asking the court to adjust the court's order.

275
00:16:24.559 --> 00:16:27.039
That's been in effect for three days with no medical

276
00:16:27.039 --> 00:16:30.279
evidence to support your claim that she cannot do it.

277
00:16:30.480 --> 00:16:32.919
Well, I think you have two fidavits and the email

278
00:16:32.960 --> 00:16:35.840
from probation. I think that's pretty persuasive evidence that this

279
00:16:35.879 --> 00:16:36.360
is extreme.

280
00:16:36.759 --> 00:16:39.039
The email from probation is not evidence. If you have

281
00:16:39.120 --> 00:16:41.360
any evidence, now is your opportunity to submit it.

282
00:16:41.519 --> 00:16:43.759
I don't understand the court's position. That's not evidence.

283
00:16:43.840 --> 00:16:46.519
Okay, it's an email. Let's here say, I'm calm Wes.

284
00:16:46.559 --> 00:16:49.399
Do you have a position as to the submissions of

285
00:16:49.480 --> 00:16:52.799
an email as evidence in this hearing to relieve the

286
00:16:53.080 --> 00:16:55.639
defendant Simmons of a.

287
00:16:57.840 --> 00:16:59.879
Condition that's been in effect for three days.

288
00:17:00.159 --> 00:17:01.879
I don't want to put anybody on the spot, but

289
00:17:01.960 --> 00:17:04.799
we have a a person who sent an email here.

290
00:17:05.000 --> 00:17:09.079
Okay, so you have a burden at Joe motion, What

291
00:17:09.079 --> 00:17:12.079
do you want to do, Well, Judge, I think that

292
00:17:12.279 --> 00:17:15.839
I don't think that we're I mean, he's a court

293
00:17:15.880 --> 00:17:16.519
saying that.

294
00:17:17.960 --> 00:17:20.839
Papers and emails and affidatas are not sufficient.

295
00:17:21.079 --> 00:17:23.880
This is an email from a court from a probation officer.

296
00:17:24.160 --> 00:17:25.839
The court gives that zero weight.

297
00:17:26.400 --> 00:17:28.680
Well, then you have an affidata from Misfid Simmons, and

298
00:17:28.720 --> 00:17:31.240
you have an affidata from a mother of the physical

299
00:17:31.279 --> 00:17:34.079
observations of what happens. You know, I think it's self

300
00:17:34.079 --> 00:17:36.519
evident and it's common knowledge that if you have broken

301
00:17:36.599 --> 00:17:38.400
ribs that it's hard to breathe.

302
00:17:38.720 --> 00:17:39.599
What evidence do I.

303
00:17:39.559 --> 00:17:42.200
Have that she has current broken ribs and that she's

304
00:17:42.279 --> 00:17:44.279
suffering from broken ribs at this time?

305
00:17:44.400 --> 00:17:46.160
Well, you have an affidata from her mother. We have

306
00:17:46.200 --> 00:17:49.680
an affidat from Misred Simmons, and the other day we

307
00:17:49.680 --> 00:17:53.839
were here, I submitted the I believe I submitted the

308
00:17:53.880 --> 00:17:57.359
instructions from mass General about broken ribs. Okay, you know

309
00:17:57.400 --> 00:18:01.039
she's having brief difficulty give it's been observed probation, it's

310
00:18:01.079 --> 00:18:03.799
been attested to by her mother, and it's been attested

311
00:18:03.839 --> 00:18:07.880
to by Miss Fitzimmas. So it's just a very difficult scenario.

312
00:18:07.880 --> 00:18:08.160
For her.

313
00:18:08.720 --> 00:18:12.519
So at this point the probation officer, mister January, he

314
00:18:12.640 --> 00:18:16.319
gets up and he tries to reason with this judge.

315
00:18:16.359 --> 00:18:20.759
She she answered the alert to take the test as scheduled.

316
00:18:21.720 --> 00:18:26.240
She unfortunately, she was unable to complete the test because

317
00:18:26.240 --> 00:18:30.319
she was unable to blow as long or as hard

318
00:18:32.079 --> 00:18:37.519
as needed to complete the test. So we also know that,

319
00:18:38.799 --> 00:18:42.720
and I observed it firsthand that whatever the injuries are,

320
00:18:42.799 --> 00:18:46.319
which I don't know, actually doesn't really matter to me.

321
00:18:47.680 --> 00:18:51.799
But when I was doing the installation process and observed

322
00:18:51.920 --> 00:18:53.759
what was genuine pain, like.

323
00:18:55.880 --> 00:18:58.759
Any objection to any of the terms used by the

324
00:18:58.880 --> 00:18:59.680
probation officer.

325
00:19:00.200 --> 00:19:04.599
So and she ultimately passes the test, that's compliance. If

326
00:19:04.640 --> 00:19:08.319
she has missed the test, and then that would determine

327
00:19:08.359 --> 00:19:12.319
whether or not there is actually non compliance. This particular

328
00:19:12.319 --> 00:19:14.240
the case we don't deem no I will gain non

329
00:19:14.279 --> 00:19:18.759
compliance because she's complying with the scheduled program. I'm aware

330
00:19:19.319 --> 00:19:26.920
of pain based on my observations from the installation process.

331
00:19:27.359 --> 00:19:31.480
So as long as she's attempting to take the test,

332
00:19:31.920 --> 00:19:35.200
continues to attempt to take the test, and then ultimately

333
00:19:35.200 --> 00:19:37.279
takes the test, that's not non compliance.

334
00:19:37.279 --> 00:19:40.640
That's someone that's well that's your meed, that's your position.

335
00:19:40.680 --> 00:19:41.480
That's non compliant.

336
00:19:41.480 --> 00:19:43.759
It's really after the court to decide whether somebody's compliant

337
00:19:43.839 --> 00:19:45.079
or not with conditions of release.

338
00:19:45.559 --> 00:19:48.960
It would never be brought to court by way of

339
00:19:48.960 --> 00:19:54.799
a pre trial violation for an incomplete test with the

340
00:19:54.839 --> 00:20:02.519
information that I've talked about. So a complete test does

341
00:20:02.599 --> 00:20:06.319
not initiate a pre trial violation or from our earth,

342
00:20:06.799 --> 00:20:12.000
because there are many reasons for a test to be incomplete.

343
00:20:13.000 --> 00:20:19.880
We don't that's not intentional non compliance. In the goal

344
00:20:20.039 --> 00:20:24.319
is to test to ensure that the persons solder, and

345
00:20:24.359 --> 00:20:27.119
that's not We don't deem that non compliance that we

346
00:20:27.119 --> 00:20:31.440
would never We never have and we never would in

347
00:20:31.480 --> 00:20:31.960
this case.

348
00:20:32.440 --> 00:20:37.440
Attorney brides anything else to submit, I just offer I

349
00:20:37.559 --> 00:20:41.079
respect and I've heard your take on the probation email.

350
00:20:41.480 --> 00:20:43.759
But for the record, I would move that into evidence

351
00:20:43.799 --> 00:20:48.279
as well. And uh, I just want to also.

352
00:20:48.319 --> 00:20:50.039
Come up, do you have a position as to the

353
00:20:50.039 --> 00:20:52.799
admission of the email. Well, I think we just heard

354
00:20:52.839 --> 00:20:56.720
with the email, all right, So the emails excluded anything else.

355
00:20:58.039 --> 00:21:03.400
Sure for ourselves my email and I know it's but

356
00:21:03.440 --> 00:21:07.640
it's important that the court knows I didn't make a

357
00:21:07.720 --> 00:21:13.119
recommendation that scram condition be vacated. I never did that.

358
00:21:13.920 --> 00:21:16.119
I never suggested, So it's all.

359
00:21:16.079 --> 00:21:19.880
That ye actually opposite January, nobody's asking you questions.

360
00:21:19.920 --> 00:21:22.960
Your testimony is complete. Are you asking to make a

361
00:21:22.960 --> 00:21:23.920
statement to the court.

362
00:21:24.039 --> 00:21:24.680
So it's fonted.

363
00:21:25.240 --> 00:21:28.640
If the court's under the belief that I've recommended that

364
00:21:28.640 --> 00:21:29.519
that condition.

365
00:21:29.200 --> 00:21:33.319
To be vacated or removed, then yet I haven't said

366
00:21:33.359 --> 00:21:35.359
one anything one way or the other.

367
00:21:35.400 --> 00:21:35.559
Sir.

368
00:21:35.640 --> 00:21:38.319
We're here for one purpose and one person purpose only,

369
00:21:38.400 --> 00:21:42.400
and that's for the motion to vacate the scram device.

370
00:21:42.559 --> 00:21:48.400
So Miss Fitzsimmons is able to do the scram Is

371
00:21:48.440 --> 00:21:50.319
that correct? Or is she not able to do it?

372
00:21:50.359 --> 00:21:51.880
I don't know. Is she not able to do it?

373
00:21:52.119 --> 00:21:52.960
I think I don't.

374
00:21:53.000 --> 00:21:56.279
Well, that depends on whether the court is willing to

375
00:21:57.000 --> 00:22:01.920
uh tolerate that material representing the court.

376
00:22:01.799 --> 00:22:05.960
Is not tolerating anything. Okay, let's be clear. I'm not

377
00:22:06.119 --> 00:22:08.720
tolerating anything. The court is not tolerating anything.

378
00:22:09.079 --> 00:22:12.880
Mised Simmons is a defendant in Louis incarceration.

379
00:22:14.160 --> 00:22:17.640
My order was that she submit to scram. If she

380
00:22:17.720 --> 00:22:20.319
cannot do that, I need to know that she cannot.

381
00:22:20.440 --> 00:22:21.440
Can she do that or not?

382
00:22:22.200 --> 00:22:27.559
She can do it, okay, under the terms that are

383
00:22:27.640 --> 00:22:29.640
laid out in the affidata. So you're saying she can

384
00:22:29.799 --> 00:22:33.200
do it on her own terms, with significant pain and

385
00:22:33.319 --> 00:22:37.039
dizziness and having to recover for several hours.

386
00:22:37.119 --> 00:22:40.279
I understand what you're saying. It's certainly not the court's intention.

387
00:22:41.119 --> 00:22:44.599
It's not the court's position to have Miss Fitzsimmons in

388
00:22:44.640 --> 00:22:45.720
any pain at all.

389
00:22:45.759 --> 00:22:48.160
So I appreciate your argument. Do you have anything else

390
00:22:48.200 --> 00:22:48.519
to add?

391
00:22:48.880 --> 00:22:52.160
I would suggest use that. I think there's other ways

392
00:22:52.200 --> 00:22:54.759
to do this. If the court wishes to have her

393
00:22:55.079 --> 00:22:59.359
tested for alcohol compliance lack of alcohol, that's completely fine

394
00:22:59.400 --> 00:23:02.960
with the defense, which is the means that's being employed

395
00:23:03.119 --> 00:23:05.720
is kind of a torture device for her, okay, and

396
00:23:05.759 --> 00:23:08.200
so we object undue process grounds to that.

397
00:23:08.680 --> 00:23:12.200
Oh okay, But I I it is not this court's intention.

398
00:23:12.519 --> 00:23:15.039
I understand the torture Missfit Simmons at all.

399
00:23:15.960 --> 00:23:18.359
The courts goal is to make sure the community is

400
00:23:18.400 --> 00:23:21.400
safe and officely Noonon is safe. So I hear you

401
00:23:21.519 --> 00:23:26.880
lot and clear that the defense views Misfit Simmons having.

402
00:23:26.720 --> 00:23:30.559
To do this Graham as cruel and unusual and.

403
00:23:32.160 --> 00:23:32.559
Torture.

404
00:23:32.680 --> 00:23:33.480
Is that your position?

405
00:23:33.799 --> 00:23:36.279
Well, that's an Eighth Amendment position, I suppose that you

406
00:23:36.440 --> 00:23:39.000
be put in there as well. But Judge, I think

407
00:23:39.039 --> 00:23:43.039
that you know it's there's probably other alternatives that she

408
00:23:43.119 --> 00:23:48.119
could do that I believe are out there that but

409
00:23:48.519 --> 00:23:50.640
I know that might step on the court's other order

410
00:23:50.759 --> 00:23:52.960
for house arrested, you would have to go to a facility.

411
00:23:53.359 --> 00:23:56.319
I know there's like urine tests and other things like that.

412
00:23:56.599 --> 00:24:01.160
So I know there's other possibilities out there that. Again,

413
00:24:01.240 --> 00:24:04.960
she's not trying to use this to create a situation

414
00:24:05.000 --> 00:24:07.240
where she can go drink APCOA. Okay, not at all

415
00:24:07.279 --> 00:24:09.119
what this is about. So I just want to ask

416
00:24:09.160 --> 00:24:13.720
the court to consider any other alternatives that might not

417
00:24:14.240 --> 00:24:15.759
pose this type of an issue.

418
00:24:15.880 --> 00:24:20.079
Okay, thank you, Attorney Googa Tosi or Attorning Morioti, do

419
00:24:20.119 --> 00:24:21.039
you have anything to add?

420
00:24:21.480 --> 00:24:23.279
No, okay, I'm going to leave the bench for a

421
00:24:23.279 --> 00:24:23.759
few minutes.

422
00:24:24.119 --> 00:24:28.000
So she takes a recess, and can y'all hear the

423
00:24:28.079 --> 00:24:33.640
disdain in the voice of this judge, the absolute disregard

424
00:24:33.839 --> 00:24:39.000
completely for the situation in hand. This judge is pissed

425
00:24:39.519 --> 00:24:44.480
at everyone by this point, including that probation officer. So

426
00:24:44.640 --> 00:24:48.480
she comes back from that recess and her ruling is

427
00:24:48.519 --> 00:24:53.160
absolutely shocking. And keep in mind, y'all, author asking her

428
00:24:53.359 --> 00:24:56.880
to come up with is another means to check the

429
00:24:56.960 --> 00:25:01.920
alcohol content rather than use that machine that Kelsey has

430
00:25:01.960 --> 00:25:07.200
to breathe in because it's so painful and she's recovering

431
00:25:07.240 --> 00:25:11.039
from a freaking collapsed long that is not too much

432
00:25:11.119 --> 00:25:14.200
to ask for. But listen to this and we're back.

433
00:25:14.079 --> 00:25:18.000
On the record. But the Fitzsimmons matter. Okay, good afternoon, everybody.

434
00:25:18.039 --> 00:25:21.640
So I have reviewed everything again that's been submitted to me,

435
00:25:22.640 --> 00:25:24.839
and I will say for the record that Fitzsimmons has

436
00:25:24.880 --> 00:25:27.240
moved twice in a three day period to amend the

437
00:25:27.319 --> 00:25:28.559
pre conditions of release.

438
00:25:29.039 --> 00:25:31.680
Just days ago, the Core concluded.

439
00:25:31.720 --> 00:25:35.880
That the condition of remaining alcohol free and submittings to

440
00:25:35.920 --> 00:25:39.559
scrim monitoring was necessary to ensure the safety of the community.

441
00:25:40.079 --> 00:25:42.880
After a thorough review of all of the arguments.

442
00:25:42.359 --> 00:25:47.279
And submissions by the Commonwealth and Fitzsimmons, that conclusion remains unchanged,

443
00:25:47.599 --> 00:25:52.759
regardless of Fitzsimmons's claim physical limitations. Based on an affidavits

444
00:25:52.759 --> 00:25:56.440
submitted by Fitzsimmons's mother, the testimony of Assistant Chief Probation

445
00:25:56.519 --> 00:26:00.920
Officer Jeff January about his observations of Fitzimm's apparent pain

446
00:26:01.039 --> 00:26:05.759
during the SCRAM installation and the representation of Fitzsimmons Council

447
00:26:05.839 --> 00:26:09.759
that it would be cruel and unusual punishment and torture

448
00:26:10.200 --> 00:26:13.319
to continue to require Fitzimmons to comply with the condition

449
00:26:13.400 --> 00:26:14.799
of being monitored by SCRAM.

450
00:26:15.240 --> 00:26:18.240
The Court concludes that Fitzimmons cannot abide by the condition

451
00:26:18.279 --> 00:26:19.599
of being monitored by SCRAM.

452
00:26:20.039 --> 00:26:23.559
Without this condition, which ensures that she does not consume

453
00:26:23.559 --> 00:26:26.319
any alcohol, the Court cannot assure the safety of Officer

454
00:26:26.440 --> 00:26:29.039
Noonan and all other persons in the community.

455
00:26:29.559 --> 00:26:32.240
Accordingly, the Court's prior order of release.

456
00:26:32.000 --> 00:26:34.839
Is vacated and Fitzimmons is ordered to be held without

457
00:26:34.880 --> 00:26:38.880
fail pursuated Master General OS Chapter two seventy Succession fifty

458
00:26:38.880 --> 00:26:40.200
eight A and.

459
00:26:40.160 --> 00:26:42.119
A written order for five addresses.

460
00:26:42.519 --> 00:26:43.519
That's the court's ordered.

461
00:26:43.559 --> 00:26:44.720
Thank you, all right?

462
00:26:44.759 --> 00:26:47.000
All right, Jack, I asked you to stay in your

463
00:26:47.119 --> 00:26:51.799
order pending. Yes, Jay sick and there are other alternatives.

464
00:26:51.839 --> 00:26:55.599
There are can cosse Now you just heard that, right.

465
00:26:56.200 --> 00:27:00.480
This girl goes into that hearing to try to get

466
00:27:00.599 --> 00:27:04.440
another option to test her blood alcohol level, and even

467
00:27:04.480 --> 00:27:09.079
her probation officer testifies on her behalf and the judge

468
00:27:09.519 --> 00:27:12.839
has such an axe to grime for some reason that

469
00:27:13.160 --> 00:27:18.319
rather than seek another alternative, she throws this girl in

470
00:27:18.599 --> 00:27:25.319
jail who nearly died awaiting trial. So her attorney is

471
00:27:25.400 --> 00:27:29.599
like fuck that. He's prepared what is known as an

472
00:27:29.640 --> 00:27:34.000
emergency rent, which is basically an appeal to the appeals

473
00:27:34.079 --> 00:27:38.519
court that appeals that judge's decision. And I'm going to

474
00:27:38.599 --> 00:27:42.920
read to you a short aspect of that appeal. It reads.

475
00:27:43.079 --> 00:27:47.279
Miss Kelsey Fitzsimmons, a North Andover police officer and former

476
00:27:47.319 --> 00:27:51.759
corrections officer, was out on release from Essex Superior Court

477
00:27:51.839 --> 00:27:56.039
on pre trial conditions. Miss Fitzsimmons came back to court

478
00:27:56.119 --> 00:27:59.480
on her own motion through council after she was unable

479
00:27:59.519 --> 00:28:04.359
to blow into a scram alcohol monitoring device deeply enough

480
00:28:04.559 --> 00:28:07.759
due to her sustaining a gut shot wound to the chest.

481
00:28:08.000 --> 00:28:12.359
She had a collapse lung, broken ribs, diaphragm, and liver damage,

482
00:28:12.480 --> 00:28:16.240
requiring fifty three days in the hospital. Counsel expected a

483
00:28:16.279 --> 00:28:19.880
short hearing where the defense reported the difficulties and had

484
00:28:19.920 --> 00:28:24.240
an alternative method of alcohol testing put in place. Instead,

485
00:28:24.400 --> 00:28:30.640
a completely improper nightmare scenario ensued. Rather than utilizing readily

486
00:28:30.680 --> 00:28:35.640
available alternative methods of alcohol testing. The court surrendered the

487
00:28:35.680 --> 00:28:39.839
petitioner back in jail without a legal basis to do so,

488
00:28:40.400 --> 00:28:44.200
either from the Commonwealth or probation. She berated and shut

489
00:28:44.279 --> 00:28:47.799
down the probation officer, cut off council, walked off the

490
00:28:47.880 --> 00:28:52.119
bench while the Undersign was arguing for his client. In writing,

491
00:28:52.200 --> 00:28:56.400
she accused the defense of manipulating the situation and repeatedly

492
00:28:56.440 --> 00:29:01.440
misstated the record. Miss Fitzsimmons respectively ad the single Justice

493
00:29:01.480 --> 00:29:04.799
to review the full audio of the hearing and vacate

494
00:29:04.920 --> 00:29:08.039
the trial court order, and then it goes into her request.

495
00:29:08.400 --> 00:29:11.519
She basically is looking for just what she was looking

496
00:29:11.559 --> 00:29:14.319
for in the first hearing, an alternative method to this

497
00:29:14.599 --> 00:29:18.160
breathing into this machine. The alcohol testing device ordered by

498
00:29:18.160 --> 00:29:21.880
the court requires the petitioner to blow intensely into an

499
00:29:21.920 --> 00:29:26.079
attached tube several scheduled times per day. After attempting to

500
00:29:26.240 --> 00:29:30.000
use the device, Misfit Simmons, in good faith returned promptly

501
00:29:30.039 --> 00:29:32.519
to court to report she could not use the device

502
00:29:32.599 --> 00:29:35.480
without great pain and dizziness for up to four hours

503
00:29:35.839 --> 00:29:38.400
and it aggravated the healing of broken ribs.

504
00:29:38.480 --> 00:29:38.759
Pain.

505
00:29:39.200 --> 00:29:42.880
Notwithstanding she tried and immediately passed eight out of the

506
00:29:43.000 --> 00:29:46.240
nine tests, and when she called the monitoring authority on

507
00:29:46.319 --> 00:29:51.039
the remaining incomplete tests after increasing breathing difficulty, she was

508
00:29:51.079 --> 00:29:54.759
told they may issue a warrant. They did not, between

509
00:29:54.759 --> 00:29:58.400
the physical pain and anxiety of a warrant issuing, causing

510
00:29:58.440 --> 00:30:00.720
her to be arrested, to be taken to jail again.

511
00:30:01.119 --> 00:30:05.000
Despite her good faith attempts, Miss Fitzsimmons third Council returned

512
00:30:05.000 --> 00:30:07.640
to court right away of her own accord. At the hearing,

513
00:30:07.759 --> 00:30:10.160
the probation officer testified, and I'm not going to go

514
00:30:10.200 --> 00:30:13.480
into all that because you already heard clips of that hearing,

515
00:30:13.799 --> 00:30:18.119
but it goes into everything that you heard in that clip,

516
00:30:18.480 --> 00:30:20.839
and it says the undisputed facts of the case or

517
00:30:20.839 --> 00:30:24.359
Miss Fitzsimmons is approximately five foot three, one hundred and

518
00:30:24.400 --> 00:30:27.240
ten pounds, was shot in the chest by a colleague

519
00:30:27.599 --> 00:30:30.160
and this order required her to surrender her five month

520
00:30:30.200 --> 00:30:34.640
old child, and kind of goes into the whole cusp

521
00:30:34.720 --> 00:30:37.519
of this case, if you will. It mentions that she

522
00:30:37.799 --> 00:30:42.519
was diagnosed with postpartum depression and kind of went into

523
00:30:43.000 --> 00:30:46.799
how she was shot by this officer. It ends up

524
00:30:46.880 --> 00:30:49.599
with there was no intent to murder, no malice, no

525
00:30:49.720 --> 00:30:55.519
evil intent, only suicidal desperation in danger by the postpartum depression,

526
00:30:55.880 --> 00:31:00.960
a scenario that cannot justify a judicial declaration that Misfitzsimmons,

527
00:31:01.079 --> 00:31:05.480
a police officer, must be locked up with no possible alternative,

528
00:31:05.519 --> 00:31:08.759
as a danger to society and to the armed and

529
00:31:08.839 --> 00:31:12.559
trained police officer that almost killed her. The trial court's

530
00:31:12.720 --> 00:31:16.000
order is as heartless as it is legally baseless, and

531
00:31:16.119 --> 00:31:19.000
must be reversed. So get this while the appeal is

532
00:31:19.079 --> 00:31:22.759
being considered. It also comes out shortly after this hearing

533
00:31:23.200 --> 00:31:27.720
that the judge actually met with the probation office, not

534
00:31:28.200 --> 00:31:33.480
that particular officer, but went to the probation office itself

535
00:31:33.880 --> 00:31:37.799
allegedly twenty four hours prior to this hearing to get

536
00:31:37.839 --> 00:31:42.880
information on this case with Kelsey Fitzsimmons. And that is

537
00:31:42.920 --> 00:31:47.319
a huge ethics violation for a judge. You're only allowed

538
00:31:47.319 --> 00:31:51.599
to consider evidence presented to you in court. Ethically, you're

539
00:31:51.640 --> 00:31:55.480
not supposed to do that. Well, others would agree with that,

540
00:31:55.839 --> 00:31:59.759
and they would also agree that this judgment to put

541
00:31:59.759 --> 00:32:03.119
case Elsie back in jail was the wrong call. And

542
00:32:03.319 --> 00:32:07.960
this judge actually gets removed from the case over this

543
00:32:08.400 --> 00:32:13.319
and another judge presides over the trial aspect of Kelsey's case.

544
00:32:13.480 --> 00:32:17.599
And incidentally, Kelsey did get out of jail once this occurred,

545
00:32:17.759 --> 00:32:22.039
pending your trial. So in late July of twenty twenty six,

546
00:32:22.200 --> 00:32:26.440
everything I just covered in these two episodes comes out

547
00:32:26.559 --> 00:32:32.599
as Kelsey Fitzsimmons' trial starts. And this was not a

548
00:32:32.680 --> 00:32:36.599
jury trial. It was a judge trial, meaning the judge

549
00:32:36.640 --> 00:32:40.440
presided over it and he made the decision regarding guilt

550
00:32:40.839 --> 00:32:44.240
or innocence the judge only he is essentially the only

551
00:32:44.400 --> 00:32:47.440
juror in this instance. And shout out to that judge,

552
00:32:47.440 --> 00:32:51.079
who I felt was very fair and very impartial. So

553
00:32:51.319 --> 00:32:54.759
all the evidences presented that I covered with you, and

554
00:32:55.200 --> 00:32:59.039
the judge rules on this case, and I want you

555
00:32:59.079 --> 00:33:01.759
to listen to the clip of his ruling.

556
00:33:02.440 --> 00:33:05.559
I understand that this case has generated a lot of

557
00:33:05.599 --> 00:33:10.839
passion and emotion. H. But I but you must remember

558
00:33:10.920 --> 00:33:14.240
that this is a help ring in, not sports of them.

559
00:33:15.920 --> 00:33:19.079
When I announce my product, we must not act of

560
00:33:19.240 --> 00:33:25.319
emotionally or visibly or audibly react. So you should leave

561
00:33:25.319 --> 00:33:27.519
the court lane if you believe that you will be

562
00:33:27.599 --> 00:33:29.920
unable to maintain your contulsion.

563
00:33:31.160 --> 00:33:31.279
Uh.

564
00:33:31.440 --> 00:33:34.279
I'd like to start with a few I think you're

565
00:33:34.680 --> 00:33:40.279
in introductively words.

566
00:33:42.319 --> 00:33:45.400
Look, let me say this, this is not in my strict.

567
00:33:47.519 --> 00:33:52.359
This has been one of the more exhausting harvest things I've.

568
00:33:52.200 --> 00:33:56.039
Had to do as a judge, as an attorney.

569
00:33:56.559 --> 00:34:05.279
And uh so as the lawyers.

570
00:34:05.400 --> 00:34:09.039
Not Unlike when the judge presides over a jury rape trial.

571
00:34:09.159 --> 00:34:11.000
In a civil case, there is.

572
00:34:11.000 --> 00:34:14.719
No requirement that a judge explained their reasons for reaching

573
00:34:14.760 --> 00:34:16.840
a verdict after approval bench trial.

574
00:34:17.559 --> 00:34:19.880
I do so in this case because I think that.

575
00:34:19.840 --> 00:34:24.159
As s CITIS Officer Leanian, that all the people involved

576
00:34:24.280 --> 00:34:25.119
in the traffic.

577
00:34:24.880 --> 00:34:28.800
Conventants of June thirty, twenty twenty five deserve an explanation.

578
00:34:32.760 --> 00:34:36.280
Next, I'd like to take the opportunity to the publicly.

579
00:34:37.519 --> 00:34:41.400
Faith and committing the attorneys in this case. They all

580
00:34:41.440 --> 00:34:45.920
did an exceptional job presenting the evidence from conducting themselves

581
00:34:45.920 --> 00:34:48.360
in an extremely professional and.

582
00:34:48.719 --> 00:34:53.119
Civil manner, and they did so under public, under the

583
00:34:53.119 --> 00:34:56.519
public spotlight, in an emotionally charge case.

584
00:34:56.960 --> 00:34:59.880
I commend to the descent to the.

585
00:35:00.079 --> 00:35:03.679
Sent that any of the prosecutors the ant atturnities may

586
00:35:03.719 --> 00:35:08.480
be vilified or subjected to public scorn for simply doing

587
00:35:08.519 --> 00:35:09.239
their jobs.

588
00:35:10.320 --> 00:35:14.000
In this case, I say that any such scorn is

589
00:35:14.000 --> 00:35:16.320
on fear, unwarranted.

590
00:35:15.679 --> 00:35:16.679
And simply wrong.

591
00:35:18.039 --> 00:35:23.039
These prosecutors and attorneys fought hard, but performed there saw

592
00:35:23.159 --> 00:35:24.519
the jobs fairly.

593
00:35:24.719 --> 00:35:28.960
With the utmost sympathy, civility, and professionalism.

594
00:35:29.920 --> 00:35:36.400
They served as a shining example of our adversarily system

595
00:35:36.519 --> 00:35:37.239
in operation.

596
00:35:39.519 --> 00:35:43.639
Now, I'd like to publicly acknowledge the crucial and often

597
00:35:44.519 --> 00:35:50.679
thankless role that police officers performed, a role that Miss

598
00:35:51.039 --> 00:35:56.880
Fitz sentons herself life officer willingly.

599
00:35:55.800 --> 00:35:59.480
And selflessly performed the citizens of Norcando.

600
00:36:00.679 --> 00:36:04.960
For this, you should be thanked, not disaparaged. For those

601
00:36:05.000 --> 00:36:05.519
that think.

602
00:36:05.840 --> 00:36:10.480
That serving as a police officer is easy, or that officers.

603
00:36:09.920 --> 00:36:12.199
Don't care or take pride to their work.

604
00:36:12.719 --> 00:36:15.840
I say, within more than three decades of experience in

605
00:36:15.880 --> 00:36:19.400
the criminal justice system.

606
00:36:18.280 --> 00:36:22.079
That you are a naive, misinformed, and sadly mistaken.

607
00:36:22.880 --> 00:36:26.639
The work of police officers is especially fought with peril.

608
00:36:27.760 --> 00:36:29.800
Today because of our.

609
00:36:29.800 --> 00:36:36.559
Seemingly central, polarized atmosphere, where our citizen greed often believes

610
00:36:36.559 --> 00:36:41.159
that there is a conspiracy under or priming at the corner.

611
00:36:42.440 --> 00:36:43.880
I saw no evidence of.

612
00:36:43.840 --> 00:36:45.360
A conspiracy in this case.

613
00:36:46.039 --> 00:36:50.639
What I saw was dedicated public servants like the officer

614
00:36:50.679 --> 00:36:53.719
of being the union and his fellow officers doing the

615
00:36:53.760 --> 00:36:57.360
best they could under fad it rapidly evolved.

616
00:36:56.840 --> 00:36:58.880
In commotional circumstances.

617
00:36:59.320 --> 00:37:03.079
What I also star was a young woman, Miss Fitzsimmons,

618
00:37:03.519 --> 00:37:04.559
who was also.

619
00:37:04.320 --> 00:37:12.000
A dedicated public servant, reacting to sudden, confusing and heartbreaking news.

620
00:37:13.840 --> 00:37:15.920
Now, let me turn to the evidence and the law.

621
00:37:17.079 --> 00:37:20.000
Our system of justice requires we need.

622
00:37:19.800 --> 00:37:22.079
To decide this case. Show me on the law and

623
00:37:22.239 --> 00:37:22.920
the evidence.

624
00:37:23.480 --> 00:37:26.199
So the only things I considered in reaching my further

625
00:37:26.400 --> 00:37:27.679
on the ninety eighties, if.

626
00:37:27.519 --> 00:37:32.519
It's admitted during the trial, and the testimony of the

627
00:37:32.519 --> 00:37:35.960
eleven witnesses that are testify here in open court.

628
00:37:36.639 --> 00:37:38.719
While it may cook may be cold.

629
00:37:38.400 --> 00:37:44.199
And uncaring, our system of justice demands that emotion, sympathy,

630
00:37:44.599 --> 00:37:45.440
and concern for.

631
00:37:45.400 --> 00:37:47.920
The consequences of my decision play.

632
00:37:47.760 --> 00:37:51.400
No role in my decision. As for the law.

633
00:37:52.239 --> 00:37:52.760
In order to.

634
00:37:52.840 --> 00:37:56.159
Prove mis fit Simi's guilty of the time of assault

635
00:37:56.280 --> 00:37:59.719
by means of the dangerous weaver, the connall must proved

636
00:37:59.760 --> 00:38:01.440
the follow three things.

637
00:38:01.840 --> 00:38:02.480
We warious.

638
00:38:02.679 --> 00:38:06.880
All these things elements beyond the reason the doubt. First

639
00:38:07.239 --> 00:38:10.360
that Missippians committed the assault an officer union.

640
00:38:11.119 --> 00:38:14.679
Second that the Simmons intended to commit the assault, and

641
00:38:14.840 --> 00:38:15.760
third that the.

642
00:38:15.679 --> 00:38:18.199
Assault was committed by means of the dangerous weapon.

643
00:38:19.079 --> 00:38:22.159
The assault issue deform me is whether the commau proved

644
00:38:22.159 --> 00:38:25.960
me to these three elements beyond a reasonable doubt, and

645
00:38:26.079 --> 00:38:27.719
more specifically.

646
00:38:27.599 --> 00:38:31.199
Under the circumstances of this case, the narrow issue performing

647
00:38:31.840 --> 00:38:34.440
is whether the commute proved beyond the reason the doubt

648
00:38:34.480 --> 00:38:38.400
that misfit Simmis pointed a firearm at Officer Union for

649
00:38:38.559 --> 00:38:40.559
eighth perceptible the amount of time.

650
00:38:41.639 --> 00:38:43.920
What is not performing are.

651
00:38:43.880 --> 00:38:46.920
The legality of the issuance of the restraining order to

652
00:38:47.000 --> 00:38:52.239
mister a Alayan, the reasonableness of the procedure duced by

653
00:38:52.239 --> 00:38:56.280
the police to serve the pustraining, the legality of Officer

654
00:38:56.440 --> 00:38:59.519
Union's use of force, and issues regarding custody.

655
00:38:59.599 --> 00:39:03.400
In case, it is not my place to beside.

656
00:39:02.960 --> 00:39:05.599
These issues or even mentioned.

657
00:39:05.239 --> 00:39:06.360
My thoughts on them.

658
00:39:06.880 --> 00:39:10.239
I am thankfully for this because my role has been

659
00:39:10.280 --> 00:39:10.880
hard enough.

660
00:39:11.960 --> 00:39:15.199
What has made my job especially difficult in this case

661
00:39:15.280 --> 00:39:18.960
is that, by and large I found the testimony of

662
00:39:18.960 --> 00:39:23.079
Officer Union in Miss Fitzsimmons to be credible on the

663
00:39:23.079 --> 00:39:24.800
material of the umbelical points.

664
00:39:25.639 --> 00:39:29.599
In my experience this is unusual in somewhat perplexing.

665
00:39:30.280 --> 00:39:33.000
On the one hand, Miss Fitzsimmons credibly.

666
00:39:32.719 --> 00:39:36.880
Testified that she never pointed a firearm at Officer Need.

667
00:39:38.320 --> 00:39:42.960
On the other, band, Officer testify that not only did.

668
00:39:44.559 --> 00:39:47.760
Fitzsimmons point to GMAC and that she also pulled the trigger.

669
00:39:48.960 --> 00:39:52.880
Both agree that it happened in seconds near a narrow doorway,

670
00:39:53.480 --> 00:39:56.840
and the crime scene photos show that the doorframe was

671
00:39:56.880 --> 00:40:00.320
made narrow by a close wrap contained.

672
00:40:00.039 --> 00:40:05.800
Police uniforms that was two officer and union is left.

673
00:40:06.519 --> 00:40:10.920
The doorframe was also made strick, that the doorframe was

674
00:40:10.960 --> 00:40:15.000
made still narrower when Officer Nan used it to take

675
00:40:15.039 --> 00:40:16.719
cover working through this firehout.

676
00:40:18.159 --> 00:40:21.320
During the closing argument, the common will argue that.

677
00:40:21.320 --> 00:40:25.079
It is scientifically and physically impossible for this Fitzsimmons s

678
00:40:25.079 --> 00:40:27.920
worried be true because there was a bullet in the

679
00:40:28.000 --> 00:40:31.199
chamber that she said that Officer in Union shot or

680
00:40:31.239 --> 00:40:33.119
without ever having wrapped.

681
00:40:33.280 --> 00:40:37.400
Without her ever wrapping the slide after pulling the trigger.

682
00:40:38.559 --> 00:40:41.480
I disagreed that the evidence reflected that the only graded

683
00:40:41.519 --> 00:40:45.639
chamber around would have been pulled slide under those circumstances.

684
00:40:46.639 --> 00:40:50.239
However, even if I assumed that Miss Fitzsimmons lied about

685
00:40:50.320 --> 00:40:51.480
not wrapping the slide.

686
00:40:52.199 --> 00:40:57.119
It does not trap from the advocacy the credibility of

687
00:40:57.199 --> 00:41:01.599
her testimony that she never put a compigounded officer n me, about.

688
00:41:01.360 --> 00:41:05.840
Which he was equally as adamant that she did.

689
00:41:06.800 --> 00:41:10.760
Perhaps the Commonwald could have easily met it's burden that

690
00:41:10.880 --> 00:41:11.960
the officers had.

691
00:41:11.840 --> 00:41:13.159
Been were body cleans.

692
00:41:14.039 --> 00:41:17.559
But under these circumstances, I am left with a reasonable doubt,

693
00:41:18.360 --> 00:41:21.079
and I am duty boud to find that the Comat has.

694
00:41:21.039 --> 00:41:25.239
Not led it's burden food Fra fitzging Skins.

695
00:41:25.400 --> 00:41:29.719
By means of a dangerous weapman mon officer named knew him

696
00:41:29.760 --> 00:41:32.800
and by verdict is it must be not killed.

697
00:41:33.599 --> 00:41:36.320
With that I will heard the signed verdicts.

698
00:41:36.360 --> 00:41:40.840
Look, let use it.

699
00:41:43.960 --> 00:41:49.920
I will him you signed burdics to mister Ring and.

700
00:41:50.119 --> 00:41:53.679
Asked if he advised fitz Simmons of her stats are

701
00:41:53.679 --> 00:41:57.679
throwing the brightness be replaced there?

702
00:41:59.159 --> 00:41:59.440
All right?

703
00:41:59.519 --> 00:42:02.480
So there you not guilty? And what do I personally

704
00:42:02.559 --> 00:42:05.840
think happened in this case? Do I think this officer

705
00:42:05.960 --> 00:42:09.320
intentionally shot her with the intention of killing her?

706
00:42:09.519 --> 00:42:09.599
No?

707
00:42:10.280 --> 00:42:13.559
I don't, And that's just my personal opinion. My personal view.

708
00:42:13.840 --> 00:42:16.519
Yours may be different. And in my view, there's really

709
00:42:16.559 --> 00:42:19.400
two ways this could have went, because I do believe

710
00:42:19.960 --> 00:42:23.199
she was telling the truth Kelsey Fitzsimmons. The first way

711
00:42:23.280 --> 00:42:27.719
is the officer went completely on autopilot the second she

712
00:42:27.840 --> 00:42:30.800
raised that gun to her head. And I think he

713
00:42:30.840 --> 00:42:34.719
went on autopilot because he had a stress reaction to this.

714
00:42:35.079 --> 00:42:37.519
What he thought was a gun coming up at him

715
00:42:37.920 --> 00:42:41.400
just wasn't. But because you've got to remember these are

716
00:42:41.559 --> 00:42:46.280
split second reactions, I think his mind saw what it saw,

717
00:42:47.119 --> 00:42:51.719
and I believe he probably fully believes everything he said

718
00:42:52.159 --> 00:42:55.960
and testified to now. The only other alternative to that

719
00:42:56.800 --> 00:42:59.920
is that he initially panicked, thought she was going to

720
00:43:00.280 --> 00:43:03.840
shoot him, even though she had the gun pointed at herself.

721
00:43:04.280 --> 00:43:07.480
It's just such a quick reaction. His mind probably did

722
00:43:07.519 --> 00:43:11.199
not have time to perceive where that gun exactly was

723
00:43:11.280 --> 00:43:14.239
in relation to him, and I think he panicked and

724
00:43:14.280 --> 00:43:17.800
shot her. That's a possibility, and realizing what he had done,

725
00:43:18.199 --> 00:43:22.280
and let's be honest, he probably assumed she wasn't gonna live.

726
00:43:22.960 --> 00:43:25.599
He lied about it because you screw up like that

727
00:43:25.760 --> 00:43:28.360
and you're gonna end up in jail. That's homicide. But

728
00:43:28.440 --> 00:43:30.239
Kelsey lived through it and that kind of threw a

729
00:43:30.239 --> 00:43:33.519
whole monkey wrench in that line. And so the issue

730
00:43:33.559 --> 00:43:37.239
here is when he lied. He's got to keep lying

731
00:43:37.840 --> 00:43:39.960
to keep his ass out of trouble. So it's one

732
00:43:39.960 --> 00:43:42.719
of those two things. And somewhere in his mind he

733
00:43:42.840 --> 00:43:45.760
knows full well what happened, but he's got to live

734
00:43:45.760 --> 00:43:48.199
with that. I don't know. I have no direct knowledge.

735
00:43:48.280 --> 00:43:51.079
I wasn't there. So he's got to live with whatever

736
00:43:51.159 --> 00:43:54.119
really happened in that case, and I'm not so sure

737
00:43:54.159 --> 00:43:57.000
what it is. I'm more apt to believe this guy

738
00:43:57.039 --> 00:43:59.239
in his mind believes what he saw it. At least

739
00:43:59.280 --> 00:44:01.480
I hope that's the case. But I will say that

740
00:44:01.559 --> 00:44:04.760
in my view, there is no world where this girl

741
00:44:05.280 --> 00:44:10.199
would have shot another cop. It just doesn't pass the

742
00:44:10.239 --> 00:44:13.639
smell test. It makes absolutely no sense. It's just not

743
00:44:13.800 --> 00:44:16.360
in her There's nothing in her past that would be

744
00:44:16.400 --> 00:44:18.760
indicative of that. But I'd love to hear what your

745
00:44:18.800 --> 00:44:21.519
thoughts are on it, so let me know. Thank you

746
00:44:21.880 --> 00:44:25.039
so much for listening. That's going to wrap up this

747
00:44:25.199 --> 00:44:28.760
two part series, Blue on Blue. I hope you enjoyed it.

748
00:44:28.800 --> 00:44:31.920
I put a lot of time into researching this one.

749
00:44:32.360 --> 00:44:34.960
Check out the Patreon. I'll have all kinds of stuff

750
00:44:34.960 --> 00:44:39.199
on this case dropping just for subscribers on that Patreon.

751
00:44:39.719 --> 00:44:44.440
It's patreon dot com slash Exposed podcast files. We drop

752
00:44:44.519 --> 00:44:48.519
early releases bonus episodes. We also do quarterly gifts for

753
00:44:48.599 --> 00:44:52.320
our top tier celebrity members, and I'd love to get

754
00:44:52.400 --> 00:44:56.320
your support on the Patreon page. Without those folks, I

755
00:44:56.360 --> 00:44:59.480
couldn't do this. I just could not do it. So

756
00:45:00.000 --> 00:45:02.400
thank you. I love each and every one of you.

757
00:45:02.639 --> 00:45:08.360
And until next time for exposed scandalous files of the elite,

758
00:45:08.800 --> 00:45:11.679
I'm your host, Jim Chapman. Much love,