LAWRENCE — Kelsey Fitzsimmons, the North Andover police officer shot in her home by a colleague nine months ago, is now days away from a judge hearing her case.
Her bench trial begins at 9 a.m. Monday in Essex County Superior Court in Lawrence.
In a sense, it’s a simple case of “he said, she said” about what happened in the upstairs bedroom at Fitzsimmons’ North Andover home on June 30.
Fitzsimmons, who was off-duty at the time on administrative leave as a North Andover police officer, is charged with one count of assault by means of a dangerous weapon, stemming from a shooting inside her house that night.
The charge comes with a maximum of five years in prison or alternative if convicted. Judge Jeffrey Karp will decide if she is guilty after he accepted Fitzsimmons’ request to waive her right to a jury on Wednesday, less than a week from the trial’s start.
Fitzsimmons, 29, pleaded not guilty to the charge following her August arraignment in Essex County Superior Court.
Last June, three North Andover police officers arrived at her home at 125 Phillips Brooks Road to serve a restraining order filed against her by her former fiance, North Andover firefighter Justin Aylaian.
Police said she was shot by one of the officers, Patrick Noonan, when he was left in her bedroom with her after an accompanying officer went downstairs when Aylaian showed up at the house to take custody of their 4-month-old son.
Noonan shot Fitzsimmons in the chest after he alleges she pointed her service weapon at him, according to a police report. Noonan reported he shot her because he thought Fitzsimmons was going to kill him.
Fitzsimmons claimed she pointed the gun at her head in a failed suicide attempt as her infant son was being taken away. She spent 53 days at Massachusetts General Hospital after undergoing surgeries and treatment for her injuries, her lawyers said.
While multiple officers and family members were in her home when she was shot, only Fitzsimmons and Noonan were in the bedroom. Additionally, there is no body camera footage of the incident as members of North Andover Police Department do not wear them.
While Karp, state prosecutors and the defense team have noted during hearings the simplicity of the incident itself and the single charge, it’s a matter that’s been surrounded by outside noise.
Fitzsimmons’ lawyers said they are prepared if state prosecutors “open doors” with certain witnesses who may offer testimony.
Aylaian is one of the state’s potential witnesses.
Assistant District Attorney James Gubitose said the state plans to call her former fiance to the stand during the trial. Fitzsimmons’ lawyer Timothy Bradl called Aylaian a “dangerous witness” during a pretrial hearing for those doors his testimony may open.
While her team and the state have argued Aylaian is not a primary witness, he’s been the subject of recent motions and allegations tied to Fitzsimmons’ criminal charge.
Aylaian, who is now on paid administrative leave from North Andover Fire Department, has been accused of breaking and entering Fitzsimmons’ house a few days after she was shot. Her defense team alleges that Aylaian was a “pervasive” marijuana smoker, and that may have affected his ability to recall events around the shooting.
There are a total of 43 witnesses on the witness list, although at least two were taken off during Wednesday’s pretrial hearing. Karp said Fitzsimmons does not need to be listed and Bradl informed the court that one of her doctors would no longer be called.
Fitzsimmons and her lawyers have not said yet if she plans to testify in her defense.
The list is heavy on law enforcement and first responders, including 14 members of the North Andover Police Department, three North Andover firefighters besides Aylaian and five Massachusetts State Police. North Andover officer Timothy Houston and Lt. Sean Daley, who served Fitzsimmons with the restraining order, are on the list as well as police Chief Charles Gray.
Fitzsimmons’ lawyer Bradl said “anything is on the table” to be questioned depending on how the state proceeds, including the culture of the Police Department and events prior to and after the shooting.
The state has also added two former boyfriends of Fitzsimmons to potentially be called if it becomes relevant to bring up her past misconduct during the trial.
The public’s interest in the case has also risen over the last several months due to court rulings along the way. Fitzsimmons was ordered into 24/7 house arrest and random alcohol testing, was at one point returned to jail, and is still in the midst of an ongoing custody battle.
Fitzsimmons’ supporters have gathered inside courtrooms wearing purple and held signs reading “Postpartum depression is not a crime” and “Justice for Kelsey” outside the courthouse in both Salem and Lawrence.
The case has also captured the attention of various media outlets and advocates.
Opening statements are expected to take place Monday with a full day in court, and the bench trial is expected to conclude by Friday.