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North Andover Officer Seeks Judge’s Recusal in Shooting Case Ahead of March Trial

Defense alleges bias stemming from the judge’s off‑record contact with probation.

Overview

  • Kelsey Fitzsimmons’s lawyers filed a motion to disqualify Judge Kathleen McCarthy‑Neyman, alleging improper off‑record inquiries about probation compliance and a hostile reaction toward a probation officer.
  • The motion also flags a potential family connection to the officer who shot Fitzsimmons and a possible financial interest because the judge owns a home in North Andover.
  • A hearing on the recusal motion is set for March 9, and the jury trial is scheduled to begin March 23 after a brief postponement due to a prosecutor’s scheduling conflict.
  • Fitzsimmons has pleaded not guilty to assault with a dangerous weapon tied to a June 30 incident at her home during service of a restraining order filed by her child’s father, during which she was shot by a fellow officer.
  • Police and prosecutors say she pointed and pulled the trigger of a pistol at an officer, while the defense says she never aimed at police and attempted self‑harm; she was hospitalized for about 53 days and was released in December under conditions after earlier detention over alcohol‑testing compliance.