Reviewing the trial against Kelsey Fitzsimmons, ending in acquittal

Summary

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Podcast Summary: The Kelsey Fitzsimmons Trial – Acquittal & Aftermath

Podcast: Commonwealth Confidential (S3)
Episode: The Kelsey Fitzsimmons Trial Acquittal
Date: March 26, 2026
Host: NBC10 Boston (J.C. Monahan, Glenn Jones)
Guests/Contributors: Mary Marcos, Margaret McLean (former prosecutor), Morgietta Derisier (criminal defense attorney), soundbites from Judge Jeffrey Karp and Kelsey Fitzsimmons

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Episode Overview

This episode covers the conclusion of the high-profile Kelsey Fitzsimmons assault trial, in which the former North Andover police officer was acquitted of assault with a dangerous weapon after being shot by fellow officer Patrick Noonan during a mental health crisis. Discussion centers on the judge's reasoning, aftermath for Fitzsimmons, systemic issues regarding restraining orders and police procedure, and the road ahead for both Fitzsimmons and the justice system.

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Key Discussion Points & Insights

1. Verdict and Judicial Reasoning

• Judge Jeffrey Karp acquitted Kelsey Fitzsimmons of assault with a dangerous weapon.
• Both Fitzsimmons and Officer Noonan were found credible, resulting in “reasonable doubt” (04:59–05:46).
• Judge Karp expressed empathy for all involved, noting the emotional and rapid nature of the events (06:31–06:58).
• He described the trial as “one of the more exhausting, hardest things [I’ve] had to do as a judge” (03:19).

Quote: Judge Jeffrey Karp (01:34)
“My verdict is and must be not guilty.”

(03:19)
“This has been one of the more exhausting, hardest things I've had to do as a judge, as an attorney.”

2. Trial Strategy: Bench vs. Jury Trial

• Defense opted for a bench trial at the last minute, avoiding risk of a hung jury (08:26–08:55).
• Legal analysts believe a jury would also have likely acquitted Fitzsimmons, given her credible testimony (09:22–09:59).

Quote: Margaret McLean (04:59)
“In baseball, they say a tie goes to the runner. In this case, Fitzsimmons is the runner.”

Quote: Morgietta Derisier (05:55)
“Beyond a reasonable doubt is an extremely high burden that I think people sometimes forget.”

3. Fitzsimmons’ Response & Personal Impact

• Fitzsimmons expressed relief but highlighted ongoing hardship:
  • Spent 103 days in jail
  • Hasn't seen her son, sold her home to pay legal fees (02:58–03:09)
• She remains focused on regaining custody of her child.

Quote: Kelsey Fitzsimmons (01:57)
“I feel like I can breathe again. However, my fight is not over. I have a son that I need to reunite with.”

Quote: Kelsey Fitzsimmons (02:48)
“This is my first breath of fresh air.”

Quote: Kelsey Fitzsimmons (04:07)
“Picture me on a mat in a jail cell crying for my son day after day after day after day.”

4. Systemic Failures & Critique

• Judge and commentators criticized the process for removing a child in 15 minutes based on a restraining order (03:38–03:49).
• Commentators stressed the need for mental health support in such situations rather than only police intervention (12:30–13:04).

Quote: Judge Jeffrey Karp (03:38)
“What kind of a system is it that somebody can walk into court, fill out a piece of paper and in 15 minutes, 15 minutes, take someone's baby away?”

Quote: Margaret McLean (12:30)
“To serve a restraining order like they did … to take somebody’s baby away, I thought it was quite harsh. … They should have brought a social worker, for example, because she was in a mental health crisis. You take somebody’s baby away, it’s triggering.”

5. Potential Civil Litigation

• Fitzsimmons may pursue a civil suit—possibly for intentional infliction of emotional distress—against the North Andover Police Department (10:47–11:38).
• Panelists debate the strength and focus of any potential litigation.

6. What’s Next? Custody Battle & Reforms

• Fitzsimmons has a probate hearing next month to fight for custody of her young son (12:12).
• Broader discussion about family court process, evidentiary standards, and how such incidents could be handled better for all parties moving forward (13:13–14:06).

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Notable Quotes & Moments (with Timestamps)

• Judge Karp: “Ms. Fitzsimmons credibly testified that she never pointed a firearm at Officer Noonan.” (01:42)
• Kelsey Fitzsimmons: “I got shot. I went to jail for 103 days. I haven't seen my son. I had to sell my home. That I worked very hard for.” (02:58)
• Mary Marcos: “The former North Andover police officer walked out of Lawrence Superior Court a free woman after a judge ruled prosecutors failed to prove she pointed a gun at Officer Patrick Noonan the day he shot her.” (03:09)
• Margaret McLean: “...you can't believe both of them in this particular case. So therefore, it's got to be a not guilty, because where's the truth?” (05:46)
• Morgietta Derisier: “Although we had to hear from Officer Noonan, he wasn't on trial. Kelsey Fitzsimmons was on trial. And so it's a burden to prove that, disprove her story.” (05:55)
• Judge Karp: “What I saw was dedicated public servants … doing the best they could ... [and] a young woman, Ms. Fitzsimmons … react to sudden, confusing and heartbreaking news.” (06:31)
• Margaret McLean: “As a mother myself ... to take somebody's baby away, I thought it was quite harsh. And I think that's where the system needs to change a little bit.” (12:30)

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Important Segments (Timestamps)

• [01:34] - Judge Jeffrey Karp delivers the not guilty verdict
• [02:58] - Fitzsimmons shares her struggle and personal losses during the case
• [03:38] - Judge Karp questions the speed and substance of the restraining order process
• [06:31] - Judge Karp empathizes with both parties in the case
• [08:26] - Discussion of defense strategy in opting for a bench trial
• [10:33] - Panel explores possible civil litigation
• [12:12] - Next steps: Upcoming custody hearing and potential systemic reforms discussed

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Conclusion

The episode provides an in-depth look at the acquittal of Kelsey Fitzsimmons, raising critical questions about family law, law enforcement practices, and mental health intervention. While Fitzsimmons celebrates a legal victory, her personal ordeal—as a mother, trauma survivor, and former officer—remains unresolved. The panel underscores the high bar for criminal conviction, the burdens of defending one’s innocence, and the policy implications for how such sensitive, high-stakes situations are managed in the future.

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If you, or someone you know, is struggling with mental health or thoughts of self-harm, call or text the suicide prevention hotline at 988.

For further coverage, visit nbcboston.com.

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Transcript

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[Narrator/Announcer]

tonight the decision is in and my verdict

[Judge Jeffrey Karp]

is and must be not guilty.

[Narrator/Announcer]

A judge chooses not to convict Kelsey Fitzsimmons of assault with a dangerous weapon.

[Judge Jeffrey Karp]

Ms. Fitzsimmons credibly testified that she never pointed a firearm at Officer Noonan.

[Narrator/Announcer]

But was the judge's decision the right one? Our legal experts deliver their own verdict. Plus, Fitzsimmons speaks out after being cleared,

[Kelsey Fitzsimmons]

I feel like I can breathe again. However, my fight is not over. I have a son that I need to reunite with.

[Narrator/Announcer]

How she's responding to the legal victory and what's next for her? Commonwealth Confidential the Kelsey Fitzsimmons trial starts right now.

[J.C. Monahan]

The Kelsey Fitzsimmons trial has concluded with a not guilty verdict in her favor. Good Evening, everyone. I'm J.C. monahan.

[Glenn Jones]

And I'm Glenn Jones. After several hours spent deliberating her fate, the judge chose not to convict Fitzsimmons of assault. Pointing a gun at her North Andover police colleague. That's despite saying both the defense and prosecution star witnesses were credible.

[J.C. Monahan]

Our Mary Marcos has been covering the trial for us. Gavel to gavel. She has a closer look at today's verdict from Essex Superior Court. Ann Lawrence.

[Kelsey Fitzsimmons]

This is my first breath of fresh air.

[Mary Marcos]

Kelsey Fitzsimmons says it's been a long nine months, but today it ended with two words, not guilty.

[Kelsey Fitzsimmons]

I got shot. I went to jail for 103 days. I haven't seen my son. I had to sell my home. That I worked very hard for.

[Mary Marcos]

The former North Andover police officer walked out of Lawrence Superior Court a free woman after a judge ruled prosecutors failed to prove she pointed a gun at Officer Patrick Noonan the day he shot her.

[Judge Jeffrey Karp]

This has been one of the more exhausting, hardest things I've had to do as a judge, as an attorney.

[Mary Marcos]

Fitzsimmons testified she had a mental health crisis and tried to take her own life. Noonan and two other officers served her a restraining order, handing custody of her four month old over to her ex fiance.

[Judge Jeffrey Karp]

What kind of a system is it that somebody can walk into court, fill out a piece of paper and in 15 minutes, 15 minutes, take someone's baby away?

[Mary Marcos]

Defense attorneys say investigators never questioned Noonan's version of why he shot her in her bedroom.

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Unfortunately, what happened in that bedroom started a chain of events with a narrative that they never diverged from.

[Mary Marcos]

For Fitzsimmons, dealing with the system meant months separated from her baby.

[Kelsey Fitzsimmons]

Picture me on a mat in a jail cell crying for my son day after day after day after day.

[Mary Marcos]

Now, Fitzsimmons still has a custody battle ahead of her. And the Essex county district attorney's office issued a statement saying they disagree with the judge's verdict. Reporting in Lawrence, Mary Marcos, NBC10 Boston.

[Glenn Jones]

Here's a reminder of what Fitzsimmons was facing. She was charged with assault with a dangerous weapon. And if the judge had dec decided to convict her of that felony, she could have faced up to five years in prison. We're joined now by our panel, criminal defense attorney Morgietta Derisier and former prosecutor Margaret McLean. So the judge said that this was an incredibly difficult case for him to reach this verdict. So in the end, Margaret, do you think he made the right call and what do you make of his finding that both Noonan and Fitzsimmons were both credible on the standard?

[Margaret McLean]

Well, I think he made the right call. And the whole time I've been following this case, I feel that there's three sides to this Story, three sides. One Officer Noonan, two Fitzsimmons. And then there's the truth. Well, following this, I wavered on what the truth actually was. And in this case, for the prosecution to win, they have to prove each and every element beyond a reasonable doubt. And that's what the judge said. They just. He looked at the elements of the law, the statute said, you know, I felt he was really saying, I did believe Noonan. Some of what he said, I believed her. And you can't believe both of them in this particular case. So therefore, it's got to be a not guilty, because where's the truth?

[Glenn Jones]

Would you add, in baseball, they say a tie goes to the runner. In this case, Fitzsimmons is the runner. If he was calling a tie, she gets acquitted.

[Morgietta Derisier]

Absolutely. And I think that's why it's great to have these jury trials and bench trials on television, because we really get to see the ins and outs of our judicial system. Beyond a reasonable doubt is an extremely high burden that I think people sometimes forget. It's not about the tie. It's about the burden of proof. And although we had to hear from Officer Noonan, he wasn't on trial. Kelsey Fitzsimmons was on trial. And so it's a burden to prove that, disprove her story. And that's what we didn't have happen here. All right.

[J.C. Monahan]

Before announcing his verdict, Judge Jeffrey Karp showed empathy for everyone involved in the case. Take a listen.

[Judge Jeffrey Karp]

What I saw was dedicated public servants like Officer Noonan and his fellow officers doing the best they could under tragic, rapidly evolving emotional circumstances. What I also saw was A young woman, Ms. Fitzsimmons, who was also a dedicated public servant, react to sudden, confusing and heartbreaking news.

[J.C. Monahan]

So Judge Karp went on to say he made this decision without a motion, but there you can see he showed sort of a human side of him as well. Morgier, let's start with you. What did you think of the judge's comments and the way that he delivered the verdict?

[Morgietta Derisier]

I think it was very appropriate. And I think people need to realize if this was a jury trial, that that may not have happened. And I think the flexibility of her defense team choosing to have a bench trial really was able to pull out all of the elephants in the room that everybody was talking about. Right. Police officers have an extremely difficult job to do every single day. But you also have to take into consideration the justice that needs to be served against a defendant. So he took both of those situations and really laid it out so that that no one could really feel as if there was a backlash or a bias towards one side or the other. And I think it was very, very appropriate. Margaret.

[J.C. Monahan]

He even went out of his way to say how hard officers work and for the lawyers as well, that nobody should, after the fact, start slinging mud their way, no matter what the judge had said.

[Margaret McLean]

Absolutely. And I agree with Morgieta in that situation, because this happened within split seconds. Right. So, yeah, it's possible that Officer Noonan made a mistake, thought he saw what he didn't see. We don't really know what happened. And I think what the judge was trying to do was to avoid any major backlash on behalf of, you know, Officer Noonan, so he doesn't get hate mail and all that stuff, because he was really trying to do his job in the long run.

[Glenn Jones]

At the 11th hour, the defense chose to have Judge Karp hear the case instead of a jury. Following the verdict, defense attorney Martha Coakley hinted at why that decision was made.

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When a defendant like this is credible, I think, as Tim said in his opening and his closing creates reasonable doubt. And so that's a standard. The commonwealth always has the burden beyond a reasonable doubt. We didn't know the one thing we weren't going to get was a hung jury here.

[Glenn Jones]

Regina. Of course, going with a bench trial means you avoid the possibility of getting a hung jury, and maybe that likelihood is even increased when you hear the judge say he believed that both star witnesses were credible. Right. So in this case, they go with without the jury trial. In the end, after listening to Fitzsimmons take the stand in her own defense, do you think a jury would have came down with the same decision?

[Morgietta Derisier]

I believe the jury would have came down with the same decision because Ms. Fitzsimmons was very credible. She was calm, she was poised. Even when the question seemed combative, she clarified what she meant. And I think the judge did a great job of kind of framing what he wanted to hear as the evidence and not hearing about all of the extraneous other activities that was going on that day. You have to give her some credibility. It's very difficult to have your client get on the stand and testify and tell their story. But when you practice with them and you feel comfortable with them, then I think it's a great decision, and I think a jury would have came down the same way.

[Glenn Jones]

Margaret, let's go back to the moment before she stepped on the stand. Were you nervous for her, or did you think it was a strong move to put her on the stand?

[Margaret McLean]

I Thought it was a strong move to put her on the stand, especially if it was just in front of the judge, because the judge can, can kind of go, you know, take a moment to sweep that emotion away and he can really listen to the facts and the evidence. Where sometimes jurors hold people up to, you know, a very high standard when they take the stand and they might have noticed something. Oh, she seems really nervous. Maybe she's guilty. So a judge isn't going to do that.

[J.C. Monahan]

What about the fact that when she came out, the questions started peppering her with now what? Now what? Now she could have a civil suit here, could she not? And if case, if that's the case, let's go with North Andover Police Department. Is it a strong one?

[Margaret McLean]

Well, I think she could sue here for possibly intentional infliction of emotional distress, whether she'll win or not. But the civil side, the standards are lower. So I think she may have a shot there.

[J.C. Monahan]

Would you, Morgietta, encourage her to go legally after one party or department?

[Morgietta Derisier]

I think that she will. I don't know. Again, like Margaret said, I don't know how strong it will be, but I think the question really is did the officer have an obligation, a duty to her by not firing his weapon at her? Was there a real fear that he had and that would be the basis of the civil suit that would be moving forward. And obviously now that you have an acquittal, that doesn't take away from the testimony, but you already have the testimony in hand, so there's no real way of recreating the story. It's just taking that testimony and putting in the facts of the civil case.

[J.C. Monahan]

Yeah.

[Glenn Jones]

Let's go all the way back to June 30, 2025, the day of the shooting. The whole Fitzsimmons incident started with officers executing a restraining order taken out by her now former fiance. Fitzsimmons says that at the time she didn't know why he did that. This afternoon her defense addressed what's ahead for them.

[Judge Jeffrey Karp]

We have a, we have some other investigations to work on and we're going to leave no stone unturned and we're going to find out exact how and why this happened, who's responsible. And you know, we're, we're not, we're

[Glenn Jones]

not stopping here tomorrow. Fitzsimmons has a hearing in probate court next month. They got a lot to sort out here. There's a one year old child. All of it is very, very messy. How do you expect this to progress through the legal System next.

[Margaret McLean]

Well, I do hope she gets her child back. As a mother myself, and I, I do think that there were some problems. Okay. With this case in that, you know, to serve a restraining order like they did and there was, you know, to take somebody's baby away, I thought it was quite harsh. And I think that's where the system needs to change a little bit. And I hope it raises some awareness for mental health because, you know, they should have brought a social worker, for example, because she was in a mental health crisis. You take somebody's baby away, it's triggering.

[Glenn Jones]

There were some flaws here with the process. It sounds like the way that they executed this protective order, even a layman can look at him and say, you know, I don't feel comfortable with this.

[Morgietta Derisier]

You know. And I think the other thing that wasn't played during the trial here is that there was a clip where the ex fiance actually called Andover police and was trying to get not necessarily advice, but guidance on how to actually go through this process. And I think they were on notice that this was going to be a very bad situation. And typ publicly probate in family courts will take all of the evidence into consideration. It's not like criminal court where, you know, you can object to certain things and certain things come in. They look at the totality of the situation. And the totality here is Kelsey was doing the best that she could. Right. And she was trying to navigate a very difficult situation with the father of her child. And I think there could have been stronger points on how they could have brought this home not only for the two parties, but for the sun. Right. And I think you have to keep that at the heart and the forefront of this battle going forward.

[Glenn Jones]

All right, thank you to you both.

[J.C. Monahan]

Yes.

[Glenn Jones]

Morgietta and Margaret, stay with us for continuing coverage of the Kelsey Fitzsimmons case. As we were just discussing, although the criminal case is over, there's still a lot more to unpack here. If you were unable to watch the judge deliver the verdict in real time, you can watch it right now on our website, nbcboston.com you can also hear from her post verdict news conference.

[J.C. Monahan]

Do just want to remind you that if you or a loved one have thoughts of harming themselves, you can call or text the suicide prevention hotline at 988- they are available 24 hours a day.

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