WOBURN — Four more witnesses were called to testify in the Sean Fitzpatrick murder trial at Middlesex Superior Court in Woburn yesterday.
Among the witnesses was a Massachusetts State Police Sergeant involved in the immediate questioning of witnesses following the shooting deaths of Michael Zammitti Jr., 39 and Chester Roberts, 54 at the Allstate Concrete Pumping Company on New Salem Street on March 13, 2006. Fitzpatrick, 46, of Freedom, N.H., is charged with two counts of first-degree murder in connection with the shootings. Fitzpatrick had been involved in an affair with Zammitti's wife, Michele and the prosecution has argued that Fitzpatrick do anything to win Michele back, including commit murder. If he's convicted, Fitzpatrick faces life in prison without parole.
Massachusetts State Police Sergeant Richard Mahoney told the court that he arrive at Allstate Concrete at 9:30 a.m. on the day of the shootings and found Michael Zammitti Sr. in pain, anguish and shock upon finding the bodies of his son and co-worker. Mahoney said later in the day, he interviewed Zammitti twice and conducted several more interviews in the following days, including one with Fitzpatrick.
“After talking to Zammitti about his business and if he had any enemies, which he said he didn't, I spoke with Michele,” said Mahoney. “I spoke with Fitzpatrick at his house in Freedom, N.H. at about nine o'clock that night. He told me he saw his neighbor Gert (Ducharme) at nine that morning. He said he had a nine millimeter gun and that it was making him sick. He asked me to take it from him, which I did not.”
After interviewing one of Michael Jr.'s business partners and a cousin, Mahoney said he later focused on Fitzpatrick.
Using a blown up map of Massachusetts and New Hampshire, he highlighted a route he drove from Allstate to Sean Fitzpatrick's house in Freedom, N.H. Simulating traffic conditions that Sean Fitzpatrick allegedly faced, Mahoney said he left Allstate at 7:48 a.m. and drove to Freedom, passing through the Hampton tolls on Route 95 at 8:20 a.m., the Dover Tolls on Route 16 at 8:36 a.m. and the Rochester tolls at 8:47 a.m. After stopping at a McDonald's in Freedom, Mahoney said he arrived at Fitzpatrick's street at 9:47 a.m. Mahoney used receipts from the tolls to track the exact time he passed through each gate.
In earlier testimony, engineer Rich Gabielle said the transponder in the truck that Fitzpatrick allegedly stole to help him commit the murders passed through the tolls at 8:29 a.m. (Hampton), 8:41 a.m. (Dover) and 8:51 a.m. (Rochester).
Under cross-examination, Mahoney said he, along with a state trooper and Wakefield police officer, looked for records of any guns or ammunition bought by either Fitzpatrick or Zammitti. When the search didn't turn up anything, the Bureau of Alcohol, Tobacco and Firearms was called. Mahoney said that he canvassed nearby stores, looking for surveillance cameras and footage that might have captured Fitzpatrick.
In opening arguments, Fitzpatrick's attorney, Randy Gioia, said that all Fitzpatrick did on the morning of the murders was go for coffee but, on the stand, Mahoney said Fitzpatrick never said he went out. After canvassing the area and seeing the cameras, Mahoney said the cameras were not ones that captured footage and stored it.
Mahoney was also questioned by Gioia about Fitzpatrick's arrest on March 24, 2006 for driving in Massachusetts with a revoked license. He testified that after Fitzpatrick was processed and had been bailed out of police custody, he asked Fitzpatrick if he could ask him a few questions about the murders in Wakefield. Fitzpatrick refused and left the State Police barracks.
Gioia also asked if Zammitti mentioned any possible enemies in his business dealings when he was interviewed on the day of the murders.
“He did mention someone named John Thompson that gave him trouble years ago, but that Thompson now works for Dees Concrete Pumping in Maine,” said Mahoney.
“Did you ever meet with Thompson?” asked Gioia. “Freedom is only 10 miles away from the Maine border.”
“No, I did not,” said Mahoney.
New Hampshire State Trooper Brandon Davey continued giving his testimony from Tuesday.