Kelsey Fitzsimmons’ lawyers seek disciplinary records for firefighter fiancé, police officer
Lawyers representing Kelsey Fitzsimmons filed motions Wednesday seeking records from the North Andover police and fire departments, as well as Lawrence Police, regarding claims of misconduct or discipline taken against her estranged fiancé, a firefighter, and the police officer who shot her in June.
In the brief filings, attorneys Tim Bradl and Martha Coakley asked a judge to order the North Andover and Lawrence police departments to turn over documentation regarding sustained allegations of misconduct against officer Patrick Noonan.
Noonan was one of several North Andover officers who responded to Fitzsimmons' home on June 30 to serve her a restraining order obtained by her fiancé. He shot Fitzsimmons in the chest, an action prosecutors say was prompted by Fitzsimmons pointing a gun at him and trying to fire at him. Fitzsimmons, a fellow officer, maintains she attempted suicide.
"The data sought is exculpatory and is reasonably calculated to potentially lead to admissible evidence on the complainant Noonan's credibility, state of mind, motive, ability to perceive and recollect, pattern and practice," the lawyers wrote.
They are also seeking records from the North Andover fire department, where Fitzsimmons' estranged fiancé works, regarding discipline tied to "drug or alcohol use in violation of policies, laws or procedures."
That includes "positive drug or alcohol tests, disciplinary action for drug or alcohol use in violation of policies, laws or procedures, or failure to perform tasks due to substance abuse since his hiring." In support of the request, they submitted several videos showing Fitzsimmons' fiancé smoking what they described as marijuana.
Fitzsimmons is charged with a single count of assault with a dangerous weapon in connection with the incident on June 30. She is scheduled to go on trial on March 23.
Both Noonan and Fitzsimmons' fiancé are expected to be key witnesses at the trial. In affidavits attached to the motions, Bradl said he could not effectively cross-examine either man without the records he was seeking.
Fitzsimmons' fiancé has been the subject of other recent court filings from her defense, including a motion last month where they accused him of breaking into her home after she was shot and stealing money. Prosecutors have said he did not commit a crime .
The pair is in the middle of a pending custody case over their infant son. The restraining order obtained by Fitzsimmons' fiancé, in which he claimed she assaulted him and threatened their son, also remains in place. An evidentiary hearing on the order has been delayed numerous times.
Also on Wednesday, the judge overseeing Fitzsimmons' trial denied a request to modify the conditions of her release . Judge Jeffrey T. Karp said the filing essentially amounted to a motion for reconsideration, which would have to be heard by the judge who made the initial order.
Fitzsimmons' defense has accused that judge, Kathleen McCarthy-Neyman, of misconduct .
Karp said he would consider a request for additional modifications to the conditions based on a change in circumstances.
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