Kelsey Fitzsimmons’ lawyers make explosive claims about her fiancé in new court filing
Lawyers for Kelsey Fitzsimmons on Thursday accused her fiancé of breaking into her home and stealing from her days after she was shot by a fellow North Andover police officer serving a restraining order, and implied that prosecutors were protecting him from liability.
The filing marks a dramatic escalation of the dispute between Fitzsimmons and her fiancé, who obtained a restraining order in late June in which he claimed Fitzsimmons assaulted him and threatened the life of their child. Fitzsimmons and her lawyers have criticized the filing her fiancé submitted in support of the order as "self-serving" and "baseless."
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In support of the motion, they attached surveillance footage purporting to show the fiancé and several other people forcefully entering Fitzsimmons' North Andover home on July 3, 2025 — three days after she was shot. They claim he stole cash, gift cards and Fitzsimmons' laptop, which he used to withdraw $5,000 from her bank accounts.
When Fitzsimmons' lawyers turned over the video to prosecutors in August, they asked a special prosecutor be appointed to look into the incident, but the request was denied, they said.
"The Commonwealth's blind eye is a purposeful, brazen, tactical maneuver designed to avoid the total implosion of its case against Ms. Fitzsimmons, the true victim here," attorneys Tim Bradl and Martha Coakley wrote.
Attorneys representing Fitzsimmons' fiancé in their ongoing custody dispute did not immediately return a request for comment Thursday morning.
Fitzsimmons is accused of pointing a gun at the officer who shot her while he was serving her the restraining order. Prosecutors attempted to indict her on a charge of armed assault with intent to murder, but a grand jury returned a no-bill on that charge. Fitzsimmons faces a single charge of assault with a dangerous weapon.
She is out on bail while the case is pending , but under house arrest and barred from seeing her infant son . Her case is set to go on trial next month .
The motion seeks any promises, rewards or inducements made to Fitzsimmons' fiancé, the officer who shot her or any other prosecution witness. Essex County prosecutors have said no such evidence exists, but Fitzsimmons' lawyers wrote that "the circumstances and the weight of the evidence strongly points otherwise."
"It strains credulity that there is no discoverable information surrounding this complete abdication of prosecutorial responsibility in favor of a witness adversarial to the defense," the lawyers wrote.
Bradl and Coakley also accuse officials of underhanded behavior regarding Patrick Noonan, the police officer who shot Fitzsimmons. Noonan spent roughly two months on leave following the shooting, then returned to full-time work.
On Jan. 11, they say, Noonan failed to show up for his shift and was deemed AWOL. When officers went to his home, he said he had taken a muscle relaxant and did not wake up for work, according to the filing.
He was put back on leave Jan. 17, but continued to work paid details, which the lawyers called unusual.
"The continuation of paid employment benefits following an AWOL incident raises serious questions regarding preferential treatment and whether employment protections are tied, directly or indirectly, to Officer Noonan's role in this prosecution," Bradl and Coakley wrote.
"The allegation that Ms. Fitzsimmons assaulted Noonan hangs by a thread held only by Noonan himself. As a result, the Commonwealth is strongly obliged to make him as comfortable as possible," they added.
The motion comes ahead of a hearing in Fitzsimmons' case scheduled for Friday in Essex Superior Court in Lawrence. Prosecutors have yet to respond to the filing.
In support of the motion, Fitzsimmons' lawyers provided sworn statements from her and her father.
In her statement, Fitzsimmons says her fiancé not only took her laptop from her home, but also a handwritten letter he wrote shortly before obtaining the restraining order. In the letter, she claims, her fiancé stated "in clear terms that I am an amazing mother and partner."
"This letter completely contradicts the lies and misrepresentations filed in that affidavit. It is a crucial piece of evidence that destroys his credibility by his own hand, which is why he stole it, and why he is presently depriving me of its use for my defense," she said.
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