Did he break-in? Prosecutors say Kelsey Fitzsimmons’ fiancé shouldn’t have to answer
Essex County prosecutors want to prevent Kelsey Fitzsimmons ' estranged fiancé from having to answer questions about what Fitzsimmons' lawyers have described as a break-in to her North Andover home days after she was shot.
In a court filing Monday, prosecutors said any questioning about the incident during Fitzsimmons' trial this month would be an attempt to "obfuscate and distract."
Fitzsimmons was shot by a fellow North Andover police officer serving her a restraining order obtained by her fiancé on June 30, 2025 . Prosecutors say she pointed a gun at the officer and tried to fire it. Her defense has said she tried to take her own life.
In the restraining order, her fiancé claimed Fitzsimmons assaulted him and threatened the life of their son. MassLive does not name victims in domestic violence incidents.
Fitzsimmons' defense lawyers contend her fiancé forcing his way into the North Andover home she owned after she was shot constitutes a break-in that should prompt criminal charges. But prosecutors say the fiancé proactively contacted police to see if he could legally enter the home to retrieve his and his son's belongings.
Before the shooting, the couple lived in the home together and the fiancé paid half the mortgage, prosecutors wrote.
"He had no felonious or malicious intent," Assistant Essex District Attorney Marina Moriarty wrote, adding that Fitzsimmons gave a "biased and untruthful presentation of the evidence."
Prosecutors also refuted claims that Fitzsimmons' fiancé stole $5,000 from her, writing that the money was taken from a joint bank account where the fiancé had previously deposited a check in that amount.
Questioning about the events on July 3 would lead to a "trial within a trial," Moriarty wrote.
The motion was one of several regarding evidence at trial that were filed on Monday ahead of a final pre-trial conference in the case scheduled for Thursday.
In another motion, prosecutors sought permission to admit evidence of prior bad acts by Fitzsimmons if they became relevant after cross-examination or on rebuttal.
That includes evidence regarding a bachelor party the weekend before the shooting at which multiple witnesses said Fitzsimmons "acted violently and erratically," prosecutors wrote.
Prosecutors also sought to admit evidence that Fitzsimmons exhibited "retaliatory behavior" against a former boyfriend and "irrational and violent behavior" while in a different relationship.
In motions of their own, Fitzsimmons' defense lawyers, Tim Bradl and Martha Coakley, sought to block testimony about events unrelated to the central issue at trial — whether Fitzsimmons pointed a gun at an officer or herself.
"The Commonwealth has loaded up the witness list on this simple case, seeking to use a wide-ranging collection of witnesses to plumb the depths of Ms. Fitzsimmons' past going back to 2018," Bradl and Coakley wrote.
"The Commonwealth should not be allowed to infect the pre-trial process itself by publishing these prejudicial attempts at character assassination without first making a detailed written offer of proof," the lawyers continued.
Fitzsimmons' trial on a single count of assault with a dangerous weapon is scheduled to begin March 23 in Essex Superior Court in Lawrence.
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