Kelsey Fitzsimmons, North Andover police officer, waives right to jury trial in shooting case
North Andover police officer Kelsey Fitzsimmons waived her right to face a jury Wednesday and will instead have her case decided by a Massachusetts judge
The bench trial is expected to begin Monday at 9 a.m. before Lawrence Superior Court Judge Jeffrey Karp, and will likely be over before the week ends.
Fitzsimmons is charged with assault with a dangerous weapon.
On June 30, 2025, North Andover police officers went to her home to serve her with a restraining order from her then fiancé. Police also planned to take custody of Fitzsimmons' son, who was four months old at the time.
According to the prosecution, Fitzsimmons pulled out her service weapon and pointed it at a fellow officer, who then shot her in self-defense. Fitzsimmons, who was hospitalized for weeks with a collapsed lung before she was eventually released, argued that she pointed the gun at herself because she was suffering from postpartum depression.
Kelsey Fitzsimmons trial
Jury selection was scheduled to begin Monday. Instead, during a hearing Wednesday, Judge Karp accepted Fitzsimmons's decision to waive her right to a jury trial.
Fitzsimmons took the stand to be questioned by the judge to make sure she understood the implications of her choice. When that process was completed, the prosecution did not oppose the move, and the judge accepted it.
"I made a good decision with it. I chose the judge to be the factfinder in the case. I think that just makes the most sense in my case," Fitzsimmons told reporters outside of court. "I'm eager. I've said from the very beginning the truth will come out. And it will."
Relationship between judge and defense attorney
Before Fitzsimmons took the stand, the prosecutor asked Judge Karp to put on the record that he previously worked in the District Attorney's office alongside Fitzsimmons' defense attorney Timothy Bradl.
Karp and Bradl were in the same starting class of new assistant district attorneys in 1995. The judge said that he was then assigned to Roxbury District Court and Bradl was assigned to Dorchester District Court.
The prosecution did not oppose Judge Karp overseeing the bench trial, but just wanted the relationship noted.
"The bottom line is I am confident that I can be fair and impartial," Judge Karp said. "I don't think that we ever worked together in the sense of worked in the same courthouse, worked on the same trial team. I'm not sure you and I ever had a beer together back then."
At a hearing last week, Karp ruled that Fitsimmons could move into an apartment on her own and begin the process of seeking custody of her son.
"A lot of my life was put on pause unexpectedly. So I am looking forward to getting back into everything. Most importantly, being a parent and a mom to my son," Fitzsimmons said outside of court on Wednesday.
Why did Kelsey Fitzsimmons choose bench trial?
WBZ-TV legal analyst Jennifer Roman said there are a few benefits to choosing a bench trial over a jury trial.
"Procedurally, bench trials go faster because you don't need to take the time to empanel a jury, which in a case like this that's gotten a lot of publicity, the empanelment time could take several days. We've seen that most recently with other cases like Karen Read's case for example. So on the one hand, it'll make the case go faster," Roman said.
In addition, Roman said the defense team believes they have a better chance presenting their evidence to the judge.
"The other strategy consideration here is that her and her defense team clearly think that a judge will be more understanding and perhaps even sympathetic to the theories of the case that they're putting forward as opposed to a jury who may not be as understanding or sympathetic of the issues that they're going to be raising and the theories they're going to be raising," Roman said.
If you or someone you know is struggling with thoughts of self-harm, please call the crisis lifeline at 988 or the Massachusetts Behavioral Health Help Line at (833) 773-2445.
