Mistrial declared in Mass. double murder case
- |
WOBURN, Mass.—A judge has declared a mistrial in the case of a New Hampshire man charged with killing his ex-lover's husband and another man after the jury claimed it was hopelessly deadlocked, authorities said Tuesday.
The Middlesex Superior Court panel had deliberated the case against Sean Fitzpatrick since last Thursday. Judge Kathe Tuttman declared the mistrial late Tuesday after the jurors insisted they could not reach a unanimous decision.
Authorities say Fitzpatrick, of Freedom, N.H., shot Michael Zammitti Jr. in March 2006 after Zammitti's wife, Michelle, ended their affair.
They say Chester Roberts, who worked with the 39-year-old Zammitti, was shot when he walked in at the wrong time.
Fitzpatrick, 46, testified he had nothing to do with the killings.
"We believe that we presented the best case possible against Sean Fitzpatrick, and that he alone is solely responsible for these murders," Middlesex District Attorney Gerry Leone said. "That fight will now continue zealously as we prepare for a second trial."
Fitzpatrick claimed in court that he was asleep at his home in Freedom, N.H., when Zammitti and Roberts were found fatally shot at
Fitzpatrick also admitted he lied before the killings when he told Michelle Zammitti and several friends that he was planning to move and get back together with an old girlfriend.
Fitzpatrick said he hoped the story would allay suspicions Michael Zammitti's mother had about their affair.
During cross-examination, Fitzpatrick said he got caught up in the lie.
In 2005, Fitzpatrick said he and Michelle Zammitti began a physical relationship. He acknowledged that she repeatedly told him she would not leave her husband.
Fitzpatrick repeatedly told the jury that he and Michelle Zammitti loved each other.
