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Former North Andover police officer Kelsey Fitzsimmons opts for judge, not jury, in assault case

NORTH ANDOVER, Mass. — Former North Andover police officer Kelsey Fitzsimmons, charged in an incident that ended with her being shot by fellow officers, has chosen to have her case decided by a judge rather than a jury.

Fitzsimmons waived her right to a jury trial on Wednesday.

The charges stem from an encounter last summer, when officers arrived to serve her with a restraining order. Police say Fitzsimmons pointed a gun at them, prompting officers to open fire.

Fitzsimmons has maintained she never intended to harm anyone but herself, saying she was in the midst of severe postpartum depression at the time.

Outside of court, she explained her choice to proceed with a bench trial.

“I made a good decision with it. I chose the judge to be the fact finder of the case, and I think that just makes the most sense,” Fitzsimmons said.

Her attorney echoed that sentiment.

“As we’ve said, it is a simple case. We want to keep it simple and keep it to the facts. We believe with this option that is what will happen,” defense attorney Martha Coakley added.

If convicted, Fitzsimmons could face up to five years in prison.

Her trial is scheduled to begin Monday morning and is expected to wrap up by Friday.

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