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Kelsey Fitzsimmons made a shocking legal decision Wednesday that will alter her fate. The 29-year-old North Andover police officer waived her right to a jury trial, meaning a judge will decide her assault case. Her bench trial begins Monday at 9 a.m. in Lawrence Superior Court.
🔥 Quick Facts
- The Charge: Fitzsimmons faces one count of assault with a dangerous weapon for allegedly pointing a gun at a fellow officer in June 2025
- The Decision: Judge Jeffrey Karp accepted her bench trial waiver on March 18, 2026, just one week before trial
- The Timeline: Trial is scheduled to run Monday through Friday in Lawrence Superior Court
- The Outcome: If convicted, Fitzsimmons faces up to 5 years in prison
The Incident That Changed Everything
On June 30, 2025, North Andover police officers arrived at Fitzsimmons’ home to serve a restraining order from her then-fiancé. The officers also planned to take custody of her newborn son, who was only four months old. According to prosecutors, Fitzsimmons pulled out her service weapon and pointed it directly at the fellow officer. That officer then shot her in self-defense, striking her in the chest.
Fitzsimmons was hospitalized for weeks with a collapsed lung before eventually being released. She has pleaded not guilty to all charges. Her defense team argues a completely different narrative. They maintain she never pointed the gun at the officer at all.
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Defense Strategy Focuses on Mental Health Crisis
Fitzsimmons’ attorneys argue that the officer was actually dealing with severe postpartum depression at the time of the June 2025 incident. They claim she was planning to use the gun on herself, not threaten another officer. This mental health angle represents the core of her defense strategy moving forward.
The defense team has been working to present text messages from the day of the shooting between Fitzsimmons and her ex-fiancé Justin Aylaian. A judge approved these messages as evidence in the trial. The team has also sought to introduce records about her ex’s alleged drug use, claiming it establishes context for her mental state at the time.
Why Choose a Bench Trial Over Jury.
| Trial Type | Implications for Defense |
| Jury Trial | Could take additional days for jury selection, public may be less sympathetic to mental health arguments |
| Bench Trial | Faster process, judge may better understand postpartum depression defense, no jury bias concern |
| Judge Overseeing Case | Jeffrey Karp, Lawrence Superior Court, previously worked in District Attorney office |
| Expected Duration | Monday through Friday of one week at Lawrence Superior Court |
Legal experts point to several strategic advantages for Fitzsimmons’ defense team. A judge may be more sympathetic to complex mental health arguments than a jury of ordinary citizens. Bench trials also move faster because jury selection is eliminated entirely. Many high-profile cases in Massachusetts have shown that jury empanelment can consume multiple days.
“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. I’m eager. I’ve said from the very beginning the truth will come out. And it will.”
— Kelsey Fitzsimmons, speaking to reporters outside court on March 18, 2026
The Judge’s Prior Connection to Defense Attorney
Before the bench trial was finalized, prosecutors put on the record a potentially important detail. Judge Jeffrey Karp previously worked alongside Fitzsimmons’ defense attorney Timothy Bradl in the District Attorney’s office. Both were hired as assistant district attorneys in 1995, starting in the same class together.
Karp was assigned to Roxbury District Court while Bradl worked out of Dorchester District Court. The judge emphasized that they never actually worked on cases together or shared the same courthouse. When prosecutors raised this potential conflict, Judge Karp stated clearly, “The bottom line is I am confident that I can be fair and impartial.” The prosecution did not oppose the bench trial proceeding despite this historical connection.
Can Kelsey Fitzsimmons Rebuild Her Life After Trial?
Recent court decisions suggest her legal situation has been improving gradually. A judge approved allowing Fitzsimmons to move out of her parents’ home and into her own apartment just days before announcing the bench trial decision. She remains under strict probation conditions, including unannounced home visits. More significantly, she has begun the formal process of seeking custody of her young son.
Outside the courtroom on Wednesday, Fitzsimmons expressed hope about reuniting with her child. “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,” she told reporters. The outcome of Monday’s trial will largely determine whether she can successfully rebuild her life as both a mother and a civilian.
Sources
- CBS Boston – Comprehensive coverage of bench trial waiver and judge background information
- Court TV – Legal analysis and details about assault charge and defense strategy
- Boston 25 News – Trial timeline and mental health defense arguments
