By Charlie McKenna
masslive.com
LAWRENCE, Mass. — After calling nine witnesses, prosecutors appear to be near the very end of their case against Kelsey Fitzsimmons after two days of trial.
Tuesday was highlighted by the testiest exchanges of the case thus far, when defense lawyer Tim Bradl grilled North Andover Police Officer Patrick Noonan about the events that led up to Noonan shooting Fitzsimmons in the chest last summer.
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Bradl confronted the officer with comments he made about Fitzsimmons after the shooting, when he supposedly described her as a “wack job” to a neighbor. Noonan didn’t recall the specific comment, but admitted he might’ve done so “after she tried to kill me.”
Judge Jeffrey T. Karp had to interrupt the questioning multiple times to tell the two men not to talk over one another.
Noonan is a critical witness in the case. He was alone with Fitzsimmons when the events in question took place on the evening of June 30, 2025, when police arrived at her home to serve her a restraining order taken out by her fiancé.
As he tells it, Fitzsimmons, who was little more than an arm’s length away, kneeling on the floor of her bedroom, lunged away from him and retrieved a gun. She began to stand, raised the weapon and pulled the trigger, Noonan said. Noonan said he yelled out to Fitzsimmons, but she wouldn’t stop, and he was forced to shoot at her twice.
Bradl said in his opening statement Monday that Fitzsimmons attempted to take her own life. The 29-year-old former North Andover police officer is charged with a single count of assault with a dangerous weapon.
He asked the officer whether his testimony was that Fitzsimmons turned from a “wounded bird shaking uncontrollably to a female movie action hero.” Noonan countered that she was a “well-trained police officer” who “tried to kill me.”
Noonan hypothesized that Fitzsimmons turned her weapon on him because he was in the way of her getting to her fiancé.
Bradl also confronted Noonan with what he described as evidence that the officer received rewards from the police department in exchange for his testimony, including being allowed to work paid details while on critical incident leave.
“He is being rewarded for his continued cooperation,” Bradl said without Noonan in the room.
Noonan downplayed the evidence introduced by Bradl.
The courtroom where the trial is taking place was once again packed to the brim with supporters of Fitzsimmons. Her mother and step-dad, who are on the witness list, sat outside the courtroom, unable to watch the proceedings due to a sequestration order.
Fitzsimmons has been an active participant in her defense through two days, frequently exchanging notes with her lawyers and whispering to them at the defense table.
Karp, who is presiding over the jury-waived trial, heard from four other witnesses on Tuesday, including a fellow officer who was at the scene with Noonan when he shot Fitzsimmons, a ballistics expert from the Massachusetts State Police and a woman who was set to serve as a bridesmaid in Fitzsimmons’ wedding.
The officer, Timothy Houston, who was invited to the wedding and attended Fitzsimmons’ engagement party, said he was upstairs with Fitzsimmons when she heard her fiancé, Justin Aylaian, walk in.
Fearing that the two of them in the house could “escalate the situation,” Houston went downstairs, leaving Fitzsimmons and Noonan alone. Houston was standing at the door to the basement, where Aylaian was, when he heard Noonan scream Fitzsimmons’ name and shortly after, two gunshots.
“I had my pistol out and I was going up the stairs and I saw Noonan,” he said. “At that point, he looked like he was still in shock.”
“He said, ‘she pulled a gun on me,’” Houston continued.
Houston testified that he saw Fitzsimmons on the floor of her bedroom getting medical aid from another officer. He recalled that she kept saying, “I’m sorry. I’m sorry. I’m sorry.”
The final witness called on Tuesday was Michelle Mitchell, who said she befriended Fitzsimmons while they worked together as corrections officers.
Mitchell testified that on the day of the shooting, she received a phone call from a crying Fitzsimmons who said she “needed Justin.” On the phone, Fitzsimmons told her she couldn’t meet up with her because she was headed to meet with Aylaian.
Instead of seeing Fitzsimmons, Mitchell met up with Aylaian, Aylaian’s sister and another one of Fitzsimmons’ friends at the North Andover home of one of Aylaian’s friends. It was after that get-together that Aylaian decided to file the restraining order.
Fitzsimmons would’ve driven by the home and seen the cars on her way to the North Andover common, where she was set to meet with Aylaian, Mitchell testified.
The prosecution appears to be at the end of its case. Karp said Tuesday that they “may or may not” call another witness before resting. That would turn the trial over to Fitzsimmons’ defense.
It’s not clear how many witnesses, if any, Fitzsimmons’ defense will call, but it appears she is going to take the stand. The defense case will include a view of Fitzsimmons’ former home in North Andover.
Bradl wouldn’t confirm if Fitzsimmons will testify when he spoke to reporters outside the courthouse.
“We take it as it comes. Everything’s a game-time decision. We can’t really say which way we’re going just yet,” he said. “Have to just see every last bit of the Commonwealth’s case and then we’ll decide.”
“We look forward to putting on our case,” added fellow defense attorney Martha Coakley.
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