Kelsey Fitzsimmons Trial: Closing Arguments — Attorneys Make Final Case to Judge

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Your listening to the trial of Kelsey Fitzsimmons from the Hidden Killer's podcast

and true crying today. Now back to the courtroom.

Here you hear, here you hear, here you hear.

All parts have anything to do for the young Jeff Carter.

Justice of the Superior Court.

Now serving the artist and then for the county of message.

You're out there, give your attendance, and you shall be heard.

I say the common of the Massachusetts.

And it's not under court.

The court is out of it.

You see.

Here's my name, my name, my name is Steve.

Good morning, this is March 27th, 2016.

Born to be here in the bar.

This is the Superior Court.

Call to the Criminal Matter Call for the Justice of the Superior Court.

Kelsey Fitzsimmons, 1025, 77CR, 3-1-1.

It's a gift for today for the Titian Terri Wade Cryout.

Good counsel.

Well, please, I'd like to invite myself.

And good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning.

Good morning to receive.

All right, so are your folks ready to receive?

Yes, come.

All right, good morning.

All right, then we'll take this from the attorneys who give пeHEBS because the Coun world

Constitution has a burden they go by as the defense professionals from the Sectors.

And they're closing.

And I pray they will not make their seat.

Tôi 응 Aggrative.

Thank you very much Your Honor.

May I kiss the court?

Yeah.

So, ladies and gentlemen, you are June 30, 2025 was the worst day because it's in sight.

Our home world was floating.

Her fiancee betrayed her.

Her baby was being taken away.

She was down to her house.

It was an incredible confluence of tragedy that was visited upon her that day.

That day we could go up her and she decided in the midst of what we saw testified to here.

She decided to end her life.

Patrick Newman and he came back up those stairs and walked into a suicide and progress.

That gun was nowhere near him.

That gun was already pointed at Miss Fittson's temple.

By Miss Fittson's.

She was a couple steps into the room.

Officer Nune.

A gun talker.

Highly trained.

A swat guy.

He'd already been chained up.

All afternoon by the insane ludicrous statements of Justin Elaine.

He had that in his head, walked in, and like all of us are susceptible to human mistake.

He shot too quick.

He reacted too quickly.

And instantly he realized that he had to adjust the narrative.

And that was easy to adjust it.

Add six words to the equation, Your Honor.

He said, works for the effect.

She pointed the gun.

Six words.

What did those words do at that time period?

Those words made him the victim.

Those words made him the hero.

And those words, most important, made him untouchable.

Those words were a defense for his futures, his life, his reputation.

And they were conveyed to a very brilliant audience.

His colleagues, brothers, his family, his investigators on the case.

So that's really what happened here, Your Honor.

It is a tragedy.

And it is something that should not result in any further harm to Mr. Sennis.

This should be over.

This should be in quite a little longer.

I want to talk to you about a few of the elements that I know you're going to be concerned about.

So first thing I want to talk about, Joseph, is the lack of motive is a lack of intent.

It doesn't work out.

It's down to brass tats.

You know, I know that you're going to look at the law.

You're going to look at the credibility to terminations.

And you're going to make the judgment.

And here, this case fails.

The Commonwealth ship founders on the rocks of lack of motive.

Let's talk about motive.

Everything in life is a motive.

And it's ironic that, you know, us lawyers always say, you don't need to prove motive.

But you really kind of do.

It's not going to be element of crime.

But motive is everything in this business wrong.

Let's look at the motive.

Reluctive motive.

It's Sennis and Newton, our college.

They have already bonded over shared tragedies, shared experiences.

They were okay with each other.

They were friends.

Kelsen thought well of him.

And she thought well of her.

She knows he has a family.

She knows who his family is.

She's not going to harm this guy.

She knows your honor that he didn't do this to her.

She knows that Justin O'Leigh did this to her.

And she's probably most important.

She's been in those shoes before.

Sergen was very important.

She knows she's just a messenger.

She knows he's just a messenger.

She knows he's just a messenger.

This was the worst moment of her life.

And she wanted to end her life.

And how did she want to do it?

She wanted to do it alone.

She didn't want to be involved with these officers

because she knew this was a selfish act.

She came in here and I run the most credible evidence

that came to this case where I was from the one person

that didn't have to testify.

And she came in here and she chose to testify.

And she raised her rights and she testified.

And she showed your honor that she's a moral person.

She's a caring person.

You will sit down and you'll deliberate

and you'll be drawing the inevitable conclusion

that Kelsey fits in as a moral person.

You have to contrast that with the callous treatment

of this case from the other side.

Hey, we're going to go.

Sergen order on Kelsey fits in.

And she arrest me and say, God, an order on her.

On Kelsey, let's go Sergen order.

The answer sounds good.

Let's go.

Talks to his neighbor.

Oh, yeah, I'm the shooter.

I'm the shooter.

She's a whackjack.

So you have to take these credibility

to terminate she's into account.

And I know you're a gentleman.

But you have to get down to brass tacks

on who the shooter is.

What else shows you that she's a moral person?

She doesn't want to involve these guys.

She's trying to get rid of them.

She says all the guns are over here.

So she can go where they really are.

She keeps trying to get Houston and the unit.

Baby things to bring downstairs.

She's trying to get rid of them.

She's trying to get them away from her.

She wants to do this on her own.

She doesn't want to have some sort of situation where she gets shot

by one of her colleagues in front.

It's understandable because she's a moral person.

She waits for her chance.

She gets to her room.

There's a distraction downstairs.

She doesn't know what's going on because she's focused on it

on the job she's trying to do here.

The tragic awful thing that she's trying to do to her son.

That's how you know she's telling the truth, Ron.

You saw in the room and I'll show it to you in a minute.

Is it chess that she got the gun from?

It's a chess gun of floor.

It has one of those pretty substantial lids

that you have to flip out to get the gun, locate the gun,

kick the gun out of a four guns, and stand up.

If you were standing right there in the door frame,

that would have never had all those events,

that little series of events,

you would have been able to stop it, which stopped it.

It tells you that he's down in steps.

He was interested in the distraction downstairs.

He saw Kelsey folding some baby clothes,

getting baby things right here.

His attention to human nature.

His attention was going to go back down and step.

You walk down the stairs to his three steps,

four steps, whatever.

And Kelsey told you, straight up, that was my chance.

And she took it.

And she went into chess.

It's every 51 in your honor.

I'll show you right now.

She went into that chess, flipped up that lid,

got the gun, stood up.

She told her again, she's a moral person.

She tried to keep the gun concealed.

She made the motion like this in your honor,

but she put the gun like this if she kind of walked over here.

But she didn't want the keys to see her with the gun.

She held the gun to her stomach there.

She walked, she walked to a clear area,

and she put the gun to her head.

And that's what I mean when I say,

oxygenator came back at the stairs,

and loaded and walked into it.

He didn't walk into some rambo woman

trying to shoot him in a face.

He walked into Kelsey, who you now know,

a little bit from her testimony.

He walked into Kelsey's room,

because he had a gun going on.

And he walked into the suicidal privacy room.

And the man that had just been holding a baby,

that she chose to hold a baby,

that she chose to feed her baby,

walked into her suicidal privacy.

Because there was nowhere near,

there was no threat to needing,

and the law sets that you may not,

an officer may not use deadly force on someone

who has exidinated danger only to themselves.

And that's, that's awkward to your honor,

twofold, in the sense that it shows that,

that this was not a reasonable use of force,

and it shows you that,

his knowledge of that statue,

as it's said on a stand,

gives him a motive to lie.

He knows that this is not a good shoot.

He knows this is not a clean shoot,

and that gives him a motive, here you are.

And let all of us, all make mistakes,

he overreacted, and he shot.

He had to look on his face,

panic, fluster, he shot.

He had made a mistake by going,

by leaving her there,

walked down his steps,

a few steps,

and that gave her the chance.

And when he did this,

he knew immediately,

he honored that he had to adjust the water.

Shilp there through the legal lecture

that tells us that,

because they know he can't,

she had no intent to harm me.

There's no salt here,

because she didn't have the intent to do so.

As the fat farmer,

and he could consider everything he said about the motive,

that he lacked any motive to harm him.

In fact, it is the opposite.

She thought well of him.

She knew Justin did this to her.

She had just trusted him with the baby,

and she had tried several times

to get these officers away from the situation.

No intent to harm him,

no motive,

driving for a mindset to do something.

Reasonable doubt,

burdened with your honor.

When evidence supports

a reasonable and more plausible alternative,

and that's shown here by Kelsey's testimony,

it cannot be said that

commonwealth is proven that case behind reasonable doubt.

There's reasonable doubt.

When there are two plausible

virgins of what happened,

that could self is reasonable doubt.

The versions that sell to your honor

show reasonable doubt.

That's these virgins rings true.

Munich's virgin is all over the place.

Munich's virgin is contradicted

by the strong consensus

of everybody else in the house.

Munich portrays a couple different stories,

but if you want to pick one word

for this drawn out potential gun battle,

where she's backpedal inside stepping,

tapping, wrapping, tapping, wrapping,

there's commands going on,

that takes time.

It takes time for me to say,

never mind, do it.

And that's be lied by everything.

Everybody else in the house says.

Everyone else says,

Casting out, Casting out,

two shots of fits in such a damn battle.

That does not fit with what

Munich said happened.

So, on that alone,

there's a fact hunger.

I suggest that your duty is accomplished quickly,

because there are two extremely

divergent versions of this event.

And Munich's virgin has changed itself.

Munich's virgin is inconsistent

with who you now in real custody.

Is this person?

It's self-serving.

Now, if I said it,

it's not possible.

And when you judge it against everyone in the house,

he's the only one in the Rambo store there.

Everyone else has what Casting says.

He walks into a suicide in progress,

he sees it, he reacts,

Casting out,

brand fruits,

with steak,

has to cover it up immediately.

What else do you have?

You know, when you're a fact farmer,

you're learning about a corroboration.

What's the corroboration on either side of the set?

Or lack of corroboration,

which is what really changes here.

You know, the big one,

the big elephant,

and it was that this apartment has no barn here.

He here,

but they have buyings.

There's no evidence

other than people's words.

He said first as she said.

That's often times,

almost all the time,

not a good place to start from the commonwealth.

How many of these guys didn't do reports?

What's up with that?

Why didn't you push John

to put the bio-canon video on the witness?

She's interviewed.

There's no sight.

The testimony of her going in the house,

in the house, shadows his narrative.

Kelsey Fitzinnis

has been blessed.

She should be dead,

two times over.

Buy her own head,

buy a head of oxygen in it,

or shadow to protect it.

She's blessed.

She's here today,

and she has to leave this somewhere.

That's why the investigation is what it is.

Maybe that's why the story is so sloppy,

because nobody expected her to be here today.

It's how part two,

but she is,

she is your partner,

and has a backfinder on one,

or so that they ask you to consider the evidence,

consider the lack of motive,

consider the lack of motive,

and the inconsistency.

The credibility contest,

is firmly in her account.

She came in here,

and she told you what happened.

One far is true,

and I ask you,

far from lacking.

Thank you very much.

Thank you very much for being up here.

I'll come by myself.

See you later.

Thank you very much.

Thank you very much.

Thank you very much.

Thank you very much.

Goodbye.

Goodbye.

Goodbye.

Goodbye.

Goodbye.

Goodbye.

Hi, Mei.

Yes.

Every piece of credible evidence, in this case,

proves one thing that she's guilty.

All the testimony, the scientific evidence,

the physical evidence, the demonstrated evidence,

everything points to one conclusion she is guilty.

Even her own testimony proves she's guilty.

Because it's impossible to have happened the way she said.

It is scientifically, mechanically impossible

for it to happen the way she said.

Her story is that she found a gun, put it to her head,

pulled the trigger and inflicted the chamber resentment.

That's what her story is.

That's not what she knew in her story, it's stupid.

Pulled the trigger, clicked, now it came out.

It wasn't a ram in the chamber.

She even said she could hold everybody.

I'll scoop that in.

I tried to kill myself with an empty gun.

What do we know about the gun?

What do we know about her gun?

Because after she went to the floor,

her lieutenant gave her, picked it up, put it on the bed.

Officer Nunez picked it up and put it on the table.

In an officer four, he knew what happened then.

Officer Nunez said, secure that gun and make it safe.

And so what did he do?

He took the gun,

he found that black box is safe.

He made sure that was empty.

He turned it over.

He pulled out the magazine that you could see right here.

He opened the chamber and there was a round of the chamber.

He dumped it out into the safe and put the fire on.

And then they spit water.

You still stay true, burnt, one sorry.

Took it, took it back in the lab.

That magazine that you have in evidence

contained 16 rounds.

It was a 17 round capacity dump.

It contained 16 rounds.

Plus the one that was in the chamber.

17 round.

As we know, there are only two ways to get a bullet into the chamber.

One is if there's already a bullet in the chamber,

someone pulls the trigger.

Now, bullet comes out, in case he comes out,

the chamber's open, the spring allows another bullet to come out.

That's one way.

And we know that didn't happen here.

The gun didn't fire, because the chamber didn't take it.

The only way a bullet gets in this chamber,

other than that way is if someone racks the gun.

She said she didn't rack the gun,

but it was a bullet in the chamber.

She did rack them.

What did Officer Newton say?

She called the trigger.

Nothing happened.

She stepped back, capped rack, tried again, didn't do it.

Tap rack again, pulled it.

And that's when he fired.

She put around in that chamber.

That's the only way it got them.

Her story can't be true.

She got up on that stands and she lied to you.

It's scientifically and physically impossible for her story to have happened the way she said.

That's what the evidence shows.

But she didn't just lie to you then.

She lied again.

She lied at the scene about where the gun's were.

And I'm not, and she admitted that, and I understand that, right?

And she said she lied to the police because she decided to put herself there.

But when did she say she said that?

They invented the house.

They had talked to her, according to her.

She now started contemplating all of the

ramifications of what's going to happen to her.

She's because she's using her life, her job, her son is being taken away.

All of these things.

And so she's going down over her head.

And then minutes later, as she's brought in through the house,

she says, my God, it's in the face.

Because that's the time she made the decision.

To kill herself.

Later on.

And we know that's a lie.

We know that's a lie.

Because what was one of the first things that asked her when they went to that house?

They asked her to put baby down, because it's her to put the baby.

Older, the restrained woman.

What the parameters were, and asked her to put your thumbs up.

When she was still sitting on the sofa.

They were waiting to ask that question.

So she was already walking around the house.

No way.

And what did she say there?

They're in the basement.

And we know she said it there before she moved around the house, which is untrue.

Because her friend, Dr. Thuston, who was invited to her wedding, says it also.

He says it's our fatigued yet.

And then remember when he said, he said, I was in a living room.

She was sitting down and then I saw a gun case on the other sofa.

And so I opened it up to see.

Then she said again, I already told you that guns are one of the things.

Now why at that point did she say that?

We don't know.

She didn't tell us.

Because she lied to us about why she said it later.

Because we know she didn't say it later.

So she lied again.

You can't trust her.

She also lied about knowing that her mom was in the house.

She was upstairs.

The officer's meeting, I think it was.

He heard a wholesome voice down there and said, who is that?

She says, I have no idea.

She doesn't know her own mother's voice.

Her best friend, that she just caught two to come to the house.

And she said she didn't know whose voice it was.

Another lie.

She said on the scene yesterday that she didn't know Justin as a house.

And we know that's a lie too.

Because what happened when three of them were upstairs?

It's Newton, the Justin, and it's the defendant.

She hears him downstairs.

Justin hears him downstairs.

And she says, keep him away from me.

I don't want him in my house or something to that effect.

And that's when he's been went down to make sure he wasn't coming up.

He went to the basement.

She knew he was in the house.

She absolutely did.

And she lied to you when she said she needed to test her death.

And you know what else she might but?

Something so simple, but it sure is who she is.

The restraining order.

She said, the restraining order was taking my dog away.

It says it.

It doesn't say that.

Nothing about the dog in there.

I could go on above the lies.

But I want to talk about the credible evidence, the credible evidence in this case.

When Lieutenant David Lee got a call,

that actually got a visit from Justin Lee,

when he was in the lobby of the peaky.

Justin told him he got to an eye.

And Detective David Lee knew

that she had the second report that she had done.

That they were taking the child away from her for a period of time.

And so what did he do?

He called my first officer, he said.

He asked he'd be called daily, and we don't.

And why did he say he did that?

He said because those two are cruel common gloves.

They don't hand it.

They keep things calm.

That's what he said.

And that's why he called.

He used to say to me, he called daily, we got to do this.

And so he wants you to believe, the best counsel, that

had to even was a tablier about, oh, okay, it sounds good.

We have to serve her shamelessly.

But that's not what happened.

He was mischaracterizing it.

I hope you remember, in the brain, Turkish edits.

Because Houston had called Kat and said, hey, we got a servant order.

Can you meet me about something?

Kat said, it sounds good.

It wasn't until he got over there.

It wasn't until Lieutenant Daily was there,

that they learned really what they were going to do.

And they went over there.

And defense counsel asked Daily, you guys that have a leader about it,

you guys, or you knew her, worried about the guns, all this stuff.

And you can Lieutenant Daily said, no.

No, his hope was, we had an increased level of guilt killings.

Everyone was more on points because they didn't know what they were walking to.

They did know.

They didn't know that she had been sectioned before.

They didn't know it was going to be a baby without.

They didn't know that she had a gun.

They didn't know at that point that she had parked her car far away.

This was all going to what they were thinking about them.

They didn't know all those things.

And they didn't know Justin's concerns.

He said, according to Lieutenant Daily, I'm worried if she's going to kill the baby, kill herself

and kill someone else.

So that's what they were thinking when they went into this house.

That's the credible evidence when they went in there.

And what did they do when they went in there?

They sat her down and they allowed her, or maybe they asked her.

I can't remember.

So go around and get some stuff to the baby.

But she knew Justin was coming to get the baby.

And they were in her pocket the whole time.

They followed her around the house at least two of them while she did that.

And you know that because even opposite Houston said, I was in her pocket.

We went into the kitchen and I noticed they were

put your box with knives on.

With knives on.

And they looked at her.

It was no chance they were thinking for a while.

No one would change the way they could for a while.

Officer Moon.

Officer Moon.

All of the testimony.

That's incurred about Officer Moon.

Even from the defendant.

He's a gentleman.

He's experienced.

He is by the book.

And just training and experience starting in the military and food camp.

Through security forces school, security forces squadrons.

With all the training he had, and from these helicopters.

And in the SWAT team, two times a month training, clearing rooms,

clearing buildings, hostage situations, missing persons,

shoot no shoot scenarios, twice a month, and a 40 hour walk every year.

For over a decade you did that.

And he moved to Lawrence as far as the department goes.

Because it was busy.

And he had more experience.

He was who, um, can collect.

No doubt about that.

And to say when they're upstairs.

And he walks away and leaves her alone because he heard a commotion.

That Officer Houston was going to attend to is a joke.

It really is.

Now, how do you know they were going by the book at that one?

And how do you know they were villains?

Because they followed around everywhere.

Because both Houston and, um,

and Officer fainted.

Um, said he kept handing us things and we kept putting them down.

We wanted our hands free.

Because they were ready for whatever happens.

Hoping not to get it, but ready for whatever happen.

So at some point Houston and, um,

Newman are upstairs and that any goes into her room.

And she hears Justin.

And Houston goes down to keep the keys from making sure he's there.

And Officer Newman is watching for.

He's watching.

And she's on one minute.

And she lunges.

And she disappears.

And she emerges with this.

When you get him, it's like she is trained to do.

Click.

Ask this face.

And what does he see next?

He draws his weapon.

And he says this testimony, it kind of slowed down.

The whole thing took maybe four seconds, maybe even three and a half seconds.

His training has kicked it.

His experience has kicked it.

It was a surprise for him, certainly, because she got dropped on him.

And why did she do this?

Who knows?

Maybe he's right.

Maybe he,

she was going through him to get to Justin.

Maybe she was just so upset she was going to shoot everybody in front of her.

Maybe she wanted him to shoot her.

We don't know because she lied about it.

We don't know.

But the fact is she started to shoot.

She started to

treble.

And she lunges for the duck.

And he couldn't see.

And what happened after she flipped?

She stepped back.

And now he knows, based on his training experience and the clip,

there is not around an chamber.

He knows that.

And so he doesn't shoot.

According to the feminist testimony, he had everything right to shoot at that point.

And you know what?

He actually did.

He had a right to shoot her at that point.

If you put your gun at a cop and pulled the trigger,

they got to shoot.

But he didn't.

Because he was controlled and disciplined.

That's the way his career went.

And so she steps back,

tap, tap, and tries to do it.

He doesn't shoot at that.

And what's he doing at this point?

Kelsey know, Kelsey know.

Because he knows that threat isn't there really.

Because there still wasn't one in the chamber.

Kelsey know, Kelsey know.

He is being disciplined.

Like we wish every police officer, every law enforcement agent in this country was.

He should be applauded for his actions on that day.

Tap back again.

Now we know someone's in the chamber.

Pretz on him.

She starts to raise it and he shoots.

He shoots twice.

To stop the threat.

He stopped shooting when the threat was neutral.

The tennis council during this process and they say,

well, he would unload it or not.

And he goes, no, that's not what you do.

He shoots until the threat is neutral.

She was now gathering on the ground.

But his training and experience are still taking over at this point.

Because what does it do?

He still has to gun on them.

Because the gun's still there.

He can't see it.

So the tenant daily comes in and tenant Houston comes up.

What does the officer Houston say?

That he sees when he comes up stairs.

That Officer Newman is standing there with the gun low and red.

His training is still taking place.

He's still doing what he was training to do.

The gun was put on the bed.

He's kind of elected.

He takes the gun and moves it away so people are safe.

He's deliberate in those actions.

When it's away from her,

he starts to tend her.

Officer Gore comes in and orders,

well, he asks Officer Gordon for to make the gun say.

He's school-com and collected.

That's what the tenant daily expected.

And that's what he was.

He didn't make a mistake.

That's what the credible evidence shows.

And what did he say to Officer Houston after it?

And this just goes to state of mind, I know.

That she pointed to me.

And it clicked.

And she tried to drag him up.

And immediately after this wasn't him saving his hide or protecting himself,

seconds after this happened, that's what he said.

Every piece of credible evidence points to the instakable fact that she is here.

Every piece of physical evidence, scientific evidence,

botanical evidence, every piece of testimony from daily to Houston,

to poor, even,

moral age of a mother, even the defendant corroborates what, what, what officer

moving sense.

Every piece,

you know how I would suggest, Jim, there is only one fair and just verdict in this case.

And that is W.

Thank you.

Thank you.

Millie, first side article.

All right.

Yeah.

I'd like to speak to Council anybody outside of our floor.

Why are you still returning, a council attorney to council table?

I'm just going to, I want, so we went to side bar for two reasons.

One was Mr. Brado has a series of objections that he'd like to lodge about the commos closing,

which I'm going to give you an opportunity to do an open court with the Commonwealth

on an open court responding.

And also I went over the schedule.

So as I told council, my intention is to take as long of a period of time as I need

to reach a verdict, provide the court staff and council with 30 minutes notice,

and announce, come out and announce my verdict, some of my reasoning here in public.

And whatever time that works, in other words, if it's during our traditional lunch break,

so be it.

You folks will have a half hour notice, which means that you'll be able to go and have coffee or

lunch or whatever as long as you can get back here.

All right.

So that's how we've worked that out.

And we also discussed, at side bar, the fact that

for in a jury trial, we never provide the jurors with ammunition and a firearm, even with the

trigger, trigger block at the same time.

So my intention is, is that Mr. Ruane, our assistant clerk, will keep possession of the ammunition

and the firearm will come back and change with me, along with the other exhibits.

When and if I need the ammunition, go be switched out.

All right.

Okay.

Globally have I discussed what, have I said it open or what we discussed?

All right.

So Mr. Ruane, pray it all out.

Here you are on the objections.

Thank you.

So Judge, traditionally we do this at side bar, but as you mentioned, we don't have a fact

finder here that we need to talk off to the side too.

So in open court, I'm happy to do this.

Sure, I'll go back over to the thing I said at side bar, Your Honor.

Judge, the first objections I have to Council's closing argument center on ballistics issues.

The first part is that Council picked up the gun and used it three times.

Prior to that, Council provided what I would consider the expert testimony

on the operation of the gun.

I think it exceeded the scope of what Detective Bonisaro talked about.

He said that it had to be a scientific certainty that this gun was racked by Kelsey

Fitzimmons and mischaracterizes the defense position that we're not saying necessarily that it

didn't happen, we said that Kelsey Fitzimmons didn't rack the firearm and we have a completely

different version of events.

So no one's saying that it didn't happen.

We're saying that Kelsey didn't do it and to characterize it like that it had to be racked

by Kelsey Fitzimmons is not fair argument and it mischaracterizes the state of the evidence.

The second objection relative to ballistics, Your Honor, is that Council was acting out,

I believe it was the second time he picked up the firearm.

Council was acting out on Newton's story that

Mr. Fitzimmons had accessed the firearm from the chest and picked it up to point it at Newton's

face and on Newton's testimony she just pulled the trigger and it clicked.

Council acting it out prior to pulling the trigger, Council racked the firearm

and then pulled the trigger and that's not what happened on even Newton's testimony.

I'm happy to lie to make a record but the fact that there's two different versions

of what folks testified about is fear game.

What the issue right now is whether the Commonwealth argued items that were not in evidence

or drew, attempted to draw inferences from items that were not in evidence.

So the disagreement about the racking is just not performing.

Well that's why I bring it up though, Judge, because this racking issue has been

brought up to the forefront and he did something that is not part of the evidence.

There was no one says that she racked the gun before the first shot and that's what he did

when he acted it out. So that's why it's a mischaracterization.

I'll just rely on your own discretion.

So that's not what Mr. Gubitosi did though.

Right, that's what he did, that's the firearm before he fired a second shot, he did it the second time

you're on. Okay, I'm having trouble understanding again, it's just that when you have it out,

the testimony, you have to do it accurately, we did it.

Okay, I'm going to say this in open court and it won't be the last time I say it.

Whether or not officer, Newton, exercise, reasonable use of deadly force is not performing.

That does not might disagree with you and I say it on kind of building.

And hold on and whether the North and over police department followed procedure in executing

serving this restraining order is not performing. Child custody is not performing.

All right, visitation is not performing.

What's before me is has the Commonwealth proved beyond a reasonable doubt that the defendant

pointed that firearm for any perceptible amount of time at officer Newton.

Okay, so all of this is just not helpful and I offer an credibility though you're wrong.

Okay. Also, the Commonwealth said that and the scene, Mr. Smith Simmons didn't say part of

her story there so therefore she's making it up and whenever the Commonwealth tries to argue that

somebody a defendant didn't say something, that's a very dangerous ground for the Commonwealth

Your Honor that the defendant is under no burden whatsoever to say anything Your Honor.

And here to suggest that she's lying because she didn't say part of her story when she's

shot in the chest at the scene is unfair argument but it also violates her right to remain silent.

And it's an intrusion on that so I would object to that as she not to consider that Your Honor.

Except that Mr. Brado she waved her right to remain silent, right?

She testified so it isn't it's a fair game for the Commonwealth to to discuss the testimony

that your client offered. The testimony yes but he's saying that at the scene she didn't say

xyz when she didn't have to say xyz of the scene and that's you know the only the

Commonwealth can only argue that when a defendant makes a comprehensive statement and leaves

something out of it you can't say that she in especially in her condition that she didn't say

something and therefore she's a liar she's a right to not say anything so that's my point on

that judge and then the last two more issues judges that there was a mischaracterization of the

evidence where counsel stated that Justin Elaine told the officers in the lobby of the police

station that Kelsey will kill someone else. He added that to the statement that you might recall

that he said he wouldn't be surprised if she didn't kill the baby right in front of them.

That was the statement. He added in that she would kill someone else which in this case is a

is a very dangerous mischaracterization that she he's describing an intent to my client

that she wanted to kill someone else which didn't happen that was not the statement

so that's a very important very dangerous very unfair very prejudicial misrepresentation

of what was attributed to Justin Elaine in the lobby. She never said anything about killing someone

else. He didn't even even he didn't say that she said that so that I asked you to strike that

and not consider it and the last thing judge about lying about the dog on the restraining order

you're on that trying to take her dog and it is in the complaint to the restraining order by

Justin Elaine. I know he's trying to do a second closing but the evidence is what the evidence is.

Yeah but judge you can't say when you have the discovery on the on the point you can't say

that something is is a lie when you have the papers that show it's not a lie and the box

was checked in the complaint to get her dog so that's a mischaracterization of the evidence

that needs to be corrected you're on and that's my last point thank you.

So Commonwealth from my perspective with all due respect to Mr. Brado who's

who's done a terrific job advocating for his client I view that as nothing more than a

rebuttal to the Commonwealth's closing so I'll give you a few minutes to rebut these things.

Let me say this though I don't believe that there was any evidence before me that mis evidence

that Miss Fitzsimmons was sectioned previously. I think that I think that the way I view the

evidence is that this is what the police police believed it was part of their state of mind

in serving it but I'm at a loss frankly that in other words what what I'm what I'm saying Mr.

Brado is out of all the items that you argued about the Commonwealth purportedly arguing something

nodded evidence this this this sectioning alleged sectioning that happened prior to this

there's no evidence of that before me there's met it's there's mention of it and it goes to

the office of state of mind so and that's all that the in fairness that's all that you argued Mr.

Brado but I guess what I was getting at is that there was anything at all that came close that

would have been it but Mr. Goodbytosi I'll give you a few minutes for your rebuttal to the rebuttal

I trust you have sifted through what's relevant what's what's not relevant the evidence is

with the evidence is closings or not evidence I would suggest to you that I guess I do need to hear

that I argue the evidence that came from the witness stand and from the exhibits to

Rubanisaro absolutely described the ways that fire on works and how a around gets into the chamber

and I limited my explanation of that to what he described in the light I don't need to make it like

close thank you you just did all right so at this point why don't we I said that I was going to step

off for the gathering in the end let me not do that I like the council to just make sure

that all the evidence exhibits are in order we'll go look down ten been on both sides

if you folks can take a look at the verdict form as well I don't know if you're already now

it's not complicated but we want Mr. Brado you seen the vertical

oh no all right so voting your vote option you may

will you come to

a vehicle to see I may have the commons the commons can type of the exhibits yes

attorney Brado on behalf of the defendant is the defendant content of the exhibits yes and

that would be for both of you exhibits number one through 90 feet correct yes place the

shock no yes and during the strike thank you not 98 I thought we had what works are

I'm sorry okay right so in this room we um I picked a pick sucks as in a jury trial for you

could you all raise your right hand do you solemnly swear that you will keep the court and

subconvenient place until he has agreed that you will not suffer any person to speak to him

nor speak to him yourselves unless by quarter of the court or to ask him if he has a degree

and when he has a degree you will return them into court unless the court shall otherwise order

some help we got we will stand at recess for all right please

more coverage of the trial of Kelsey Fitzsimmons is coming up from the Hidden Killer's podcast

and true crime today press subscribe now so you don't miss a moment

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