Kelsey Fitzsimmons delivers dramatic testimony at trial

Summary

The Kelsey Fitzsimmons Trial: Dramatic Testimony and Closing Arguments

NBC10 Boston, Commonwealth Confidential
Episode Date: March 25, 2026

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Overview

This episode of Commonwealth Confidential delivers an in-depth recap and analysis of a pivotal day in the Kelsey Fitzsimmons assault trial, where Fitzsimmons—a former North Andover police officer—took the stand in her own defense. The episode recounts her emotional account of the day she was shot by a fellow officer, analyzes the legal strategies at play, and previews what’s at stake as both sides rest and the trial nears its conclusion.

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Key Discussion Points and Insights

Kelsey Fitzsimmons’ Testimony: A Dramatic Moment in Court

• Testifying in Her Own Defense: Fitzsimmons made the rare decision to testify, offering a personal account of her despair and her actions leading up to the shooting incident.

  • “[I] tried to shoot myself and then I got shot in the chest.” – Kelsey Fitzsimmons [01:55]

• Descent Into Despair: She described feeling devastated after her ex-fiancé, Justin Elain, failed to show up to meet her, leading to an acute mental health crisis.

  • "I wanted to be alone so I could kill myself." – Kelsey Fitzsimmons [02:51]
  • “Saw my baby go, my fiancé, my dog, my house. And I knew that was going to be my job too.” – Kelsey Fitzsimmons [01:42, 02:58]

• Events Leading to the Shooting: According to Fitzsimmons, police arrived to serve a restraining order against her, taking her four-month-old child. Alone and despondent, she attempted suicide before being shot by fellow officer Patrick Noonan.

  • “I tried to shoot myself and then I got shot in the chest.” – Kelsey Fitzsimmons [01:55]
  • “It felt like my entire body was burning. Officer Noonan was holding my hand, and I said why? I was so confused.” – Kelsey Fitzsimmons [03:56]

• Conflict in Accounts: Officer Noonan failed to disclose key details about the shooting on the stand, though neighbors recall him admitting his role soon after the event.

Legal Strategy: Should the Defendant Testify?

• Expert Opinions on Testifying
  • Pro-Taking the Stand: Legal analyst Michael Coyne praised the decision, noting Fitzsimmons’ composure and the need to present her perspective in a “he said, she said” case.
    • “As you saw from her testimony, she acquitted herself quite well. … She stayed controlled, she answered the questions, she told her story.” – Michael Coyne [04:57]
  • Arguments Against: Attorney Margo Lindauer cautioned that any inconsistencies or gaps in memory could have undermined her credibility, but acknowledged Fitzsimmons did not do herself harm on the stand.
    • “If she had inconsistent memory or did not have specific memories of the timeline … those would be reasons to not put her on the stand.” – Margo Lindauer [06:19]
    • “She did not [do damage].” – Margo Lindauer [06:51]

The Prosecution’s Strategy and Cross-examination

• Narrow Focus on Relationship: The prosecution zeroed in on Fitzsimmons' state of mind concerning her ex-fiancé but failed to clearly establish motive or intent regarding Officer Noonan.

  • “I was left wanting by this cross examination. … It seemed like they were focused on her relationship with Elaine, the ex-fiancé, but she's not accused of assaulting him.” – Glenn Jones [07:27]

• State of Mind Under Scrutiny: The defense and analysts emphasized that Fitzsimmons’ feelings were directed at her ex, not Officer Noonan, making the prosecution’s angle questionable.

  • “She was very clear about her state of mind. … If she had ill will or confusion, it was towards her ex-fiancé, certainly not towards Noonan.” – Margo Lindauer [07:45]

Judge’s Instructions and Next Steps

• Closing Arguments Announced: Both sides rest, and the judge instructs them to avoid “gratuitous character assassination,” stressing the simplicity of the case.

  • “This is a straightforward case. Did the Commonwealth prove beyond a reasonable doubt that the defendant committed an assault with a dangerous weapon? The stuff that happened before and after, even—not to be cold, callous and uncaring—are not before me.” – Judge [10:56]

• Judicial Focus: The judge is clear that only the facts related to the assault charge are relevant.

Stakes and Possible Outcomes

• Charges and Penalty: Fitzsimmons faces up to five years if convicted of assault with a dangerous weapon. Earlier, prosecutors had sought an indictment for armed assault with intent to murder, but the grand jury did not support that.

• Burden of Proof: Analysts highlight the high bar for conviction—intent must be proven beyond a reasonable doubt.

  • “The Commonwealth has to prove beyond a reasonable doubt that she had the requisite intent … that she intended to harm Noonan with her gun.” – Margo Lindauer [10:23]

• Potential Verdicts: There’s consensus among the experts that reasonable doubt looms large after Fitzsimmons’ compelling testimony.

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Notable Quotes and Memorable Moments

• “I wanted to be alone so I could kill myself.” – Kelsey Fitzsimmons [02:51]
• “I tried to shoot myself and then I got shot in the chest.” – Kelsey Fitzsimmons [01:55]
• “She acquitted herself quite well. … It made sense [for her to testify], especially based on what I saw today.” – Michael Coyne [04:57, 06:14]
• “I was left wanting by this cross examination.” – Glenn Jones [07:27]
• “She was very clear about her state of mind. … If she had ill will or confusion, it was towards her ex-fiancé, certainly not towards Noonan.” – Margo Lindauer [07:45]
• “This isn't Karen Read all over again. … We're trying an assault case, and that's the way this case is going to be tried.” – Michael Coyne [11:33]
• “There should be no gratuitous character assassination. … Confine your closing arguments to those issues that are before me.” – Judge [10:56]

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Important Timestamps

• [01:42] – Fitzsimmons recalls the loss of family, home, and career
• [01:55] – Fitzsimmons describes the shooting incident
• [02:51] – Fitzsimmons testifies about her suicidal intent
• [03:56] – Fitzsimmons recounts the moment she was shot
• [04:57] – Michael Coyne analyzes her testimony performance
• [06:19] – Margo Lindauer weighs in on potential pitfalls of testifying
• [07:27] – Glenn Jones critiques the prosecution’s cross-examination focus
• [10:56] – Judge delivers guidance for closing arguments and trial focus

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Conclusion and What’s Next

With Fitzsimmons’ emotional testimony and both sides resting, the trial heads into closing arguments—each side given 30 minutes. Experts project the defense has created substantial doubt regarding intent, making conviction challenging but not out of reach for the prosecution.

Stay tuned for the judge’s verdict, as this closely-watched trial draws to a dramatic close.

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If you or someone you know is struggling, call or text the Suicide Prevention Hotline at 988.

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Catch nightly recaps and expert legal analysis of the Kelsey Fitzsimmons trial on NBC 10 Boston and online.

Transcript

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tonight taking the stand.

[Legal Analyst Michael Coyne]

The defense calls Kelsey Fitzen.

[Narrator]

The former North Andover police officer shares her story.

[Kelsey Fitzsimmons]

So I saw my baby go, my fiance, my dog, my house. And I knew that was going to be my job too.

[Narrator]

What she says happened the day she was shot by a colleague.

[Kelsey Fitzsimmons]

I tried to shoot myself and then I got shot in the chest.

[Narrator]

But was testifying in her own defense. The right move plus both sides rest.

[Judge]

This is a straightforward case. Did the commonwealth prove beyond a reasonable doubt that the defendant committed an assault?

[Narrator]

Did he to the prosecution or defense accomplish what they needed? Our legal experts deliver their verdict. Commonwealth confidential the Kelsey Fitzsimmons trial starts right now.

[Glenn Jones]

Tonight, we are very close to a verdict in the Kelsey Fitzsimmons trial. Good evening. I'm Glenn Jones.

[J.C. Monahan]

I'm J.C. monahan. Both sides rested today. This all comes after Fitzsimmons took the stand to share in her own words what happened in the moments before she was shot by a fellow officer.

[Glenn Jones]

Our Mary Marcos is outside court in Lawrence with a closer look at the dramatic testimony.

[Kelsey Fitzsimmons]

I wanted to be alone so I could kill myself.

[Narrator / Reporter]

A moment of despair leading to momentary thoughts of self harm.

[Kelsey Fitzsimmons]

Saw my baby go, my fiance say my dog, my house. And I knew that was going to be my job too.

[Narrator / Reporter]

Kelsey Fitzsimmons testified She was supposed to meet ex fiance Justin Elain earlier that day, but he never showed. So she called her mom to come over.

[Kelsey Fitzsimmons]

Kelsey was sad that Justin blew her off and didn't show up at the

[Narrator / Reporter]

common to meet her. She couldn't understand why just three minutes after her mom left the house. Surveillance video shows three North Andover officers at her door with a restraining order giving her four month old her ex fiance. Until a court hearing, everyone was just

[Kelsey Fitzsimmons]

brushing over the fact that it was two weeks and it was like two weeks without Kaden.

[Narrator / Reporter]

Fitzsimmons says police left her alone upstairs. When Justin got to the house, she had a gun to her head. When Officer Patrick Noonan came back up, she says she pulled the trigger, but the chamber was empty. That's when he shot her.

[Kelsey Fitzsimmons]

It felt like my entire body was burning. Officer Noonan was holding my hand and I said why? I was so confused.

[Narrator / Reporter]

Noonan didn't mention that during during his testimony. So the defense asked why he did tell state police months prior, I totally forgot about that. But his neighbor says she remembers the day he told her he was the shooter.

[Audience Member / Caller]

If they were going to the house

[Legal Analyst Michael Coyne]

to take a baby, why wouldn't they

[Audience Member / Caller]

have had social, some social services there with them? And he said, well, she's a whack job.

[Narrator / Reporter]

Closing arguments start at 9 o' clock tomorrow morning and the judge says he will take as long as he needs to decide, indicating that we might not have a verdict until Friday. Reporting in Lawrence, Mary Marco says NBC 10 Boston.

[J.C. Monahan]

We are joined now by our NBC 10 Boston Chief Legal analyst, Michael Coyne, as well as attorney Margo Lindauer. Okay, thank you both for being here. Michael, I want to start with you.

[Legal Analyst Michael Coyne]

Okay.

[J.C. Monahan]

We saw the defendant do something that is very rare, which is take the stand in their own defense. As a professor, a lawyer argue why that was a good idea.

[Legal Analyst Michael Coyne]

Well, I think as you saw from her testimony, she acquitted herself quite well. She stayed controlled, she answered the questions, she told her story. Most importantly, right. As we've said from the outset, it's a he said, she said case. You needed to hear her version. A lot of folks would have said she should never take the stand. A lot of my colleagues said she shouldn't take the stand. I think when you have a client that wants to take the stand and it's important to the case, what you do is you prepare them for it. You run them through a direct exam, you run them through a cross examination. And if they can't withstand that cross, that's pre taking the stand, then you should advise them not to take the stand. My guess is she was prepared. Well, I can tell you from the testimony it appears that. And she also faced some cross examination questions in advance. So she knew what that likely the areas that they would explore. Plus she doesn't have a lot of the baggage that some criminal defendants come in with. Right. I mean, if you've got a lot of prior crimes and you've got some issues with respect to what we call criminal crimes involving false statements of dishonest acts, all of that's going to come in on cross examination to discredit you.

[J.C. Monahan]

You're opening yourself up.

[Legal Analyst Michael Coyne]

Exactly. And she didn't have that. So I think at the end of the day it made sense. And especially based on what I saw today, it made sense.

[J.C. Monahan]

Okay, Margo, flip the script on this one. Why shouldn't she have taken the standard

[Audience Member / Caller]

if there were any issues around her credibility or inconsistency. Right. If she had inconsistent memory or did not have specific memories of the timeline, the day in question, those would be reasons to not put her on the stand. There were some gaps in her testimony. I think there were opportunities that she potentially didn't take advantage of. I, I don't know if that was her or her defense counsel, but there the.

[J.C. Monahan]

She didn't do damage.

[Audience Member / Caller]

She did not. Well, you're asking me to argue one

[J.C. Monahan]

side set her up and then.

[Legal Analyst Michael Coyne]

Yes.

[Glenn Jones]

Well, in the end, Fitzsimmons spent hours on the stand, but very little of that time was spent answering questions from the prosecution. Take a listen.

[Legal Analyst Michael Coyne]

So that's who your anger was focused on.

[Glenn Jones]

Right.

[Kelsey Fitzsimmons]

I mean, I don't even know if I got to the point of grieving, of anger yet. I don't think I was there yet. But if any emotions, any of my emotions were directed towards somebody, it would be Justin. Yes.

[Glenn Jones]

Because you felt betrayed.

[Kelsey Fitzsimmons]

I did.

[Glenn Jones]

I must tell you, Margo, I was left wanting by this cross examination. It seemed like they were focused on her relationship with Elaine, the ex fiance, but she's not accused of assaulting him. Why did they spend so much time there? Where do I have a blind spot on what the prosecution was trying to accomplish?

[Audience Member / Caller]

I don't think so, or I am not aware. I think they were trying to get to her state of mind and show that she was really angry. But I am not convinced that the prosecution got there. Kelsey was very clear that she was in shock, that there was a cascading effect. Right. That the police showed up, they took her baby. She then knew that her ex fiance was getting a restraining order against her. She testified to being broken up with through the restraining order process. Then she had it in her mind as she testified that she was going to lose her home because she couldn't afford to support her home on her own. And then if they are taking guns, which they do in a restraining order, she then loses her job, which she was about to go back to two days later. Right. So she was very clear about her state of mind. And if she had ill will or confusion, it was towards her ex fiance, certainly not towards Noonan. In fact, she was very clear that she had prior a positive relationship.

[J.C. Monahan]

Sure.

[Glenn Jones]

Right. He was helpful to her. Michael, let me just ask you really quickly, do you think the defense has any regret tonight that there wasn't a jury listening to their client tell her story which was compelling?

[Legal Analyst Michael Coyne]

I think they might. I mean, I think I would. The fact is she was a very strong witness. I think the jury would have believed her and would have been able to find a way to find reasonable doubt. So I'm sure there's, there's always second guessing for any time we try cases where should have done this, should have done that. My guess is right now, before the judge's verdict, they're saying this would have played well before a jury.

[Glenn Jones]

I imagine you're right.

[J.C. Monahan]

Second guessing is what we do right now.

[Legal Analyst Michael Coyne]

That's what we do here today.

[Audience Member / Caller]

That's kind of it.

[J.C. Monahan]

Both sides resting. We are getting closer to a verdict. I just want to remind everyone what's at stake. Stake at this point. Fitzsimmons is charged with assault with a dangerous weapon. If convicted, she faces up to five years in prison. Now, initially, prosecutors tried to get her indicted on another charge, armed assault with intent to murder. Grand jury chose not to indict her on that charge. So both of you tell me what is the ideal outcome then for the Commonwealth going with this assault charge? You told me just moments ago it's a felony. So that's a significant, that's a significant

[Legal Analyst Michael Coyne]

victory for the Commonwealth if they can get it, especially on a case that's so hotly disputed and what would appear to be very, very close. So if they could get a felony conviction, I don't think they necessarily need incarceration as to in order to claim victory. She has some time served already. They'd be satisfied with a conviction, especially right now because I think, and you're looking at it, I think it leans heavily to a not guilty verdict at this point.

[J.C. Monahan]

What do you think, Margot?

[Audience Member / Caller]

I agree. I think that, remember, the Commonwealth has to prove beyond A reasonable doubt that she had the requisite intent to commit the crime, meaning that she intended to harm Noonan with her gun. Beyond a reasonable doubt. And that is a very high burden under any circumstances. And I think here, to Michael's point, the defense chipped away at that today.

[Glenn Jones]

Let's look ahead to closing arguments tomorrow. The judge has given each side up to 30 minutes. He also delivered this message to both the prosecution and the defense.

[Judge]

There should be no gratuitous character assassination. Okay. By anyone, either side. It's not helpful. This is a straightforward case. Did the Commonwealth prove beyond a reasonable doubt that the defendant committed an assault with a dangerous weapon? The stuff that happened before and after, even not to be cold, callous and uncaring, are not before me.

[Glenn Jones]

Michael, interpret those instructions from the judge for us.

[Legal Analyst Michael Coyne]

I'll put it simply. Yeah. This isn't Karen Reed all over again. Okay? I don't want all this extraneous stuff laid out here. I don't want witnesses assassinated in advance. We're trying an assault case, and that's the way this case is going to be tried. Confine your closing arguments to those issues that are before me.

[Glenn Jones]

It's interesting you should say that, because, Margo, I think to some extent, people are watching this trial looking for some of that. They expect to see that kind of. That drama, that kind of character assassination.

[J.C. Monahan]

We got so much of it in the Karen Reid trial. My bar is high now, but we

[Glenn Jones]

haven't seen much of it, I must admit.

[Kelsey Fitzsimmons]

No.

[Audience Member / Caller]

And in many ways, often court is kind of boring. Right? This is one charge. It's one specific charge. And the judge is making a point, and I completely agree with him that there is one charge to prove and that's it. He doesn't care about what happened before in the relationship or what has happened since. He is acknowledging that their emotions are high, but that is not before him. And he's probably also anticipating that no matter the outcome, this case doesn't end for the parties. They have a child together.

[J.C. Monahan]

Right.

[Audience Member / Caller]

And so there is going to be ongoing litigation in the probate and family court, among other things. That's coming down the pipe.

[Glenn Jones]

Yeah. It's going to be messy.

[J.C. Monahan]

What about the closing arguments? In the opening closing statements, in the opening arguments, they each made their point. And my assumption is, as they go through the case, then what they do at the end is, you know, take all of that and adjust what they said at the beginning. Right.

[Legal Analyst Michael Coyne]

But they argue what the evidence now indicates.

[J.C. Monahan]

Is there anything, any meat there that would change from what they started with

[Legal Analyst Michael Coyne]

to now, I think there's some meat there that they're going to be able to argue, especially when we think about her testimony over the last couple over today and what she said and does that create reasonable doubt? And I think that's where we're going to go with the key. I also think there's pieces in the evidence that I would see them making some point of. The police officers seemed relatively close to Justin. They called him Justin on numerous occasions. You would have preferred, as a prosecutor? I would have preferred a little more distance and less familiarity with the victim's former fiance.

[Glenn Jones]

Fiance, yeah.

[J.C. Monahan]

Margot, what would you say that the prosecution should just hit tomorrow in their closing? Is there a key moment that came during this trial?

[Audience Member / Caller]

I'm not sure, but I think it is. And as we've talked about, it comes down to a he said, she said. So I think they need to focus on the fact that she raised her hands with the gun. Right.

[Glenn Jones]

And not much to work with.

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I have.

[Audience Member / Caller]

And I would say that even when Kelsey testified today, she said that she knew what would happen if Noonan or another police officer was in the room when she picked up the gun. Right. That goes to her training as a police officer. She knew. And so she was trying to get him out of the room. And we heard that multiple times on the first day of the trial.

[Glenn Jones]

All right, Michael, Margo, thank you for preparing us for closing arguments tomorrow. We'll see what happens.

[Kelsey Fitzsimmons]

Thank you.

[Glenn Jones]

And be sure to tune in every weeknight of this trial at 7 o' clock for a full recap of the day's developments. We'll have legal analysis from our team of experts, much like tonight and tomorrow,

[J.C. Monahan]

you can watch Closing closing arguments on NBC 10 YouTube channel. Or you can catch it all on our sister station, Neck. And if you have any questions, email them please to [e-mail] and here's an important reminder.

[Glenn Jones]

If you or a loved one has thoughts of harming themselves, you can call or text the suicide prevention hotline at 988- they're available 24 hours a day.

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