MA-Off Duty Officer (Kelsey Fitzsimmons, 28) shot by police during armed confrontation at home

[Seattle1]

KF's attorney filed a Motion for expedited hearing to advise the Court she can now blow in the SCRAM without difficulty and/or discomfort and hopes to be released.

https://x.com/defense_diaries

 

[Derph]

WOW!! They're letting her go home!! Common sense prevailed!!

 

[watergirl62]

WOW!! They're letting her go home!! Common sense prevailed!!

Former police officer granted pretrial release after more than 100 days in jail

Kelsey Fitzsimmons returned to court after revealing she is now able to comply with mandated alcohol testing.

www.courttv.com

 

[Derph]

Former police officer granted pretrial release after more than 100 days in jail

Kelsey Fitzsimmons returned to court after revealing she is now able to comply with mandated alcohol testing.

www.courttv.com

That story is misrepresenting a major fact. She wasn't not complying with the court ordered breath test for alcohol. She was asking if she could take a different test because the injuries from her being shot, made the test very difficult and painful to complete. She had a collapsed lung, broken ribs and liver damage. She was asking the court if there was another test she could take to prove she wasn't drinking. It was then that the judge lost her composure, in my opinion and ordered her to jail! That's a pretty bad mistake from Court TV and hopefully they fix it.

 

[watergirl62]

Top Mass. court denies North Andover officer's bail request

The Massachusetts Supreme Judicial Court will consider Kelsey Fitzsimmons’ appeal of the order that landed her back in jail in mid-September.

www.nbcboston.com

12/22/25

Fair, it is Court TV. However, the fact that she was actually released is huge! So glad she can be free and spend time with her child.

 

[Seattle1]

dbm

 

[Seattle1]

In fairness to Court TV's report of 12/23/25, they appear to be quoting from Monday's defense Motion for an expedited hearing due to change of circumstances. IMO, the defense was careful with its language due to the higher court not agreeing that Judge McCarthy-Neyman did not commit an error of law or abuse her discretion.

In my opinion, the Judge here very much abused her discretion!

KR was never non-compliant with the court-ordered test! At the hearing seeking to modify the alcohol test, the probation officer monitoring her tests testified to this fact. Just the same, he also testified that it took KF a longer period to successfully complete the ordered SCRAM tests, in essence, corroborating this was a painful effort for KR.

Sorry, I started this thread more than 5 months later, and haven't had time to add the YT hearings!

But Essex Superior Court Judge Kathleen McCarthy-Neyman vacated her release just a few days later after her attorney raised concerns about an alcohol monitoring condition.
Lawyers for Fitzsimmons appealed the decision to the state Supreme Judicial Court, and Justice Elizabeth Dewar upheld McCarthy-Neyman’s order on Wednesday, concluding “the judge did not commit an error of law or otherwise abuse her discretion.”