NORTH ANDOVER, Mass. — A North Andover police officer who was shot by her fellow officers while being served a restraining order will return to court on Tuesday, asking once again to be released on bail.
Lawyers for Kelsey Fitzsimmons, 28, say she can now complete a daily alcohol test, a condition set when bail was granted in September. On Monday, the Massachusetts Supreme Judicial Court denied her appeal to be freed without taking the test.
Fitzsimmons’ attorneys previously argued that injuries from the shooting made it too painful to blow into a breathalyzer tube. They now say those injuries have healed.
Fitzsimmons was shot in June during an encounter with officers serving a restraining order.
Prosecutors claim she had a gun during the incident. Fitzsimmons says she was suffering from postpartum depression and insists she never pointed her weapon at police.
Fitzsimmons was indicted for assault by means of a dangerous weapon by an Essex County grand jury in August.
Her trial is scheduled to begin on February 9.
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