North Andover officer Kelsey Fitzsimmons allowed to live on her own, seek custody of child before trial

Eleven days before her criminal trial starts, a Lawrence, Massachusetts judge ruled that North Andover police officer Kelsey Fitzsimmons can move into an apartment on her own and begin the process of seeking custody of her now 1-year-old son.

Fitzsimmons's trial for assault with a dangerous weapon is set to start on March 23. Prosecutors claim that on June 30, 2025, North Andover police officers were serving Fitzsimmons with a restraining order from her then fiance, and would take her then 4-month-old son. They say Fitzsimmons pulled out her service weapon and pointed it at an officer, who then shot her in self defense.

She spent weeks in the hospital with a collapsed lung before being released. Fitzsimmons claims she actually pointed the gun at herself in a moment of mental health crisis, and has alleged she had postpartum depression.

Since the incident, Fitzsimmons has been under the supervision of her parents and has been unable to pursue visitation or custody of her son due to a judge's order. Judge Karp of Lawrence Superior Court changed that order on Thursday, just over a week before her trial is set to begin. 

Fitzsimmons openly smiled in court when the judge announced he'd allow her to move into an apartment alone. Her lawyer, Tim Bradl, argued that the move is necessary for her to present a safe visitation environment when pursuing custody of her son in probate court.

Prosecutor James Gubitose argued that the judge should wait until after trial to make any changes. "If it's not broke, don't fix it," he said, but the judge ultimately sided with the defendant.

Fitzsimmons will still be subject to alcohol checks and random home inspections by probation officers.

The judge also denied a request from Fitzsimmons's team to put video of her ex-fiance smoking marijuana into evidence. Lawyer Bradl said he'd like to use the video as evidence that Fitzsimmons's ex fiance may not have been fully aware of events he perceived, but the judge determined the video was not relevant.

The trial begins in Lawrence Superior Court on March 23. There is one more hearing scheduled for Monday to review any final details including a jury questionnaire.

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.