Mistrial Declared in Fitzpatrick Murder Case

Woburn, MA — August 27, 2008 — After a jury was unable to reach a verdict, a Middlesex Superior Court judge today declared a mistrial in the case of a New Hampshire man who was charged with killing his former lover’s husband and another man in 2006 at a Wakefield business.

Middlesex District Attorney Gerard Leone said prosecutors would prepare for a second trial in the case of Sean Fitzpatrick.

“We believe that we presented the best case possible against Sean Fitzpatrick, and that he alone is solely responsible for these murders. We are fully prepared once again to present that compelling evidence, along with further developed evidence, to a jury on behalf of victims in this case,” Leone said in a statement.

Fitzpatrick, 46, of Freedom, N.H. was charged with killing Michael Zammitti Jr., 39, in his family’s concrete pumping business on March 13, 2006. He also allegedly killed Chester Roberts, 54, a sometime employee, because Roberts witnessed him killing Zammitti.

Judge Kathe Tuttman presided over the case, declaring the mistrial when the jury, which began deliberating Thursday, was unable to reach a unanimous decision.

Zammitti’s wife, Michelle, testified at the trial that she had had an affair with Fitzpatrick but she had eventually made it clear that the affair was over and she was returning to her husband.

Randy Gioia, Fitzpatrick’s Boston-based lawyer, said his client maintains his innocence.

“Mr. Fitzpatrick’s very disappointed. He expected the jury would find him not guilty,” Gioia said. “He’s said from the very beginning that he’s innocent.”

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