NORTH ANDOVER, Mass. — The defense team of Kelsey Fitzsimmons is asking the North Andover Fire Department to turn over disciplinary records related to her former fiancé’s alleged drug use.
Kelsey Fitzsimmons, a former North Andover police officer, was shot inside her home last summer while officers were attempting to serve a restraining order.
Fitzsimmons is accused of pointing a gun at officers when they arrived at her home. Her attorneys argue she was a new mother struggling with postpartum depression at the time.
Back in February, Fitzsimmons’ lawyers alleged that her fiancé, Justin Aylaian, along with several other men, broke into her home three days after the shooting on July 3, 2025. The incident was captured on surveillance video.
Now, new videos shared with Boston 25 show Aylaian smoking what appears to be a marijuana pipe or bong behind the house and outside a window months before the shooting.
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Most firefighters in the state of Massachusetts are not allowed to smoke on or off duty and are required to take drug tests.
The defense team is claiming that by using the video as evidence during her trial, Aylaian’s accusations against Fitzsimmons will be proven to be “not credible,” and that they “constitute relevant, powerfully exculpatory evidence” supporting her right to a fair trial.
Her defense attorneys are also requesting past documentation of misconduct involving Officer Patrick McCarthy Noonan from both the North Andover Police Department and the Lawrence Police Department. Noonan is the officer who shot Fitzsimmons.
There is a scheduled hearing tomorrow regarding the videos to be allowed into the trial, and the defense’s motion for these documents.
This is a developing story. Check back for updates as more information becomes available.
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