Fitzpatrick Sentenced to Two Consecutive Life Sentences

Woburn, MA — February 24, 2009 — Former Ossipee Lake resident Sean Fitzpatrick has been sentenced to two consecutive life sentences in connection with the murders of Michael Zammitti, Jr. and Chester Roberts. The following news release is from the Office of the District Attorney, Middlesex County, Massachusetts.

On Thursday, February 19, Sean Fitzpatrick was found guilty by a Middlesex Superior Court jury of first degree murder (2 counts) and illegal possession of a shotgun in connection with the deaths of Zammitti, age 39, and Roberts, age 54, both of Wakefield.

Judge Kathe Tuttman sentenced Fitzpatrick to two consecutive life sentences without eligibility for parole. First degree murder convictions carry a mandatory sentence of life in prison without eligibility for parole.

According to authorities, just after 8:00 a.m., on Monday, March 13, 2006, Wakefield Police responded to a 911 call from an individual at Allstate Concrete Pumping, located at 17 New Salem Street, reporting an unconscious male. Upon arrival at the scene, police discovered the body of Roberts on the first floor of the building, and that of Zammitti in a second floor office. They were both pronounced dead at the scene. Zammitti was the owner of Allstate Concrete Pumping, and Roberts was a longtime employee of the company.

Wakefield Police contacted State Police assigned to the Middlesex District Attorney’s Office, and together they initiated an investigation into the circumstances surrounding the deaths. Authorities were able to determine that the shooting occurred sometime between 7:30 a.m. and 8:05 a.m. on March 13, 2006.

The Office of the Chief Medical Examiner (ME) completed autopsies on both victims on March 14, 2006. The ME found the cause of death for Zammitti to be a gunshot wound to the head, and the cause of death for Roberts to be a gunshot wound to the back. The ME ruled both deaths homicides.

After an exhaustive three-month investigation, it was revealed that Fitzpatrick drove to Wakefield from New Hampshire on March 13 and shot the two victims. Fitzpatrick was a friend and neighbor of the Zammitti family, who owned a summer home in New Hampshire and was interested in pursuing a relationship with Zammitti’s wife, Michelle.

New Hampshire State Police arrested Fitzpatrick without incident at his place of employment in Madison, NH, at approximately 12:00 p.m. on June 6, 2006. He was arraigned as a fugitive from justice later that afternoon in the Northern District Court of Carroll County in North Conway, NH. At that time, Fitzpatrick declined to waive rendition, and was held pending a probable cause hearing scheduled for June 20, 2006. When brought into court for that hearing on June 20, Fitzpatrick waived rendition.

State Police and Wakefield Police transported Fitzpatrick back to Massachusetts later that afternoon. He was booked and held overnight at the Wakefield Police Department. Fitzpatrick was arraigned on June 21, 2006, in Cambridge District Court before Judge Michele Hogan. At arraignment, he pleaded not guilty and was ordered held without bail. On August 17, 2006, the Grand Jury returned indictments against Fitzpatrick. On September 7, 2006, Fitzpatrick was arraigned on the superior court charges in Middlesex Superior Court in Cambridge before Judge Nancy Staffier Holtz. At arraignment he entered a plea of not guilty, and was ordered held without bail.

Fitzpatrick was first tried on these charges in July 2008. Opening statements began on July 31 and a mistrial was declared after a jury was unable to reach a verdict on August 28, 2008.

Opening statements in this trial began on January 23 and closing arguments were given on February 9. The jury began deliberations on February 10 and rendered their verdict on February 19.

The prosecution team was led by Assistant District Attorney Dan Bennett and Deputy District Attorney Denise Casper, along with paralegal Jen Bills, and victim witness advocate Lesia Schymonowytsch.

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