Kelsey Fitzsimmons Trial Day 4: Closing Arguments — The Final Showdown

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2:08That's thrive cosmetics. C-A-U-S-E-M-E-T-I-C-S. .com slash shine 26. You're listening to the trial of Kelsey Fitzsimmons from the Hidden Killer's podcast and true crime today. Now, back to the courtroom. Here, here, here, here. All parts check. Anything to do for the young Jeff Carter. Justice of the superior court. Now send the guards and then for the common message. Draw gear. Give your attendance. And you shall be heard. Now, say the common message to us. And it's on the court. Or as I'll read it. You should. Here's my name. Good morning. This is March 27, 2016. For the interior of the bar. This is the interior of the court. Call it a criminal matter call. Just Kelsey Fitzsimmons. 1025. 77CR. 3-1-1. It's a gift for today. For the tinted interior way of trial. Good counsel. Well, please identify themselves. Good morning. Good morning.

3:08Good morning. Good morning. Good morning. Good morning. Good morning, Your Honor. Mark the Court. You should be for the defendant. Kelsey Fitzsimmons. Good morning. Good morning. Good morning. Good morning, Your Honor. Tim McGrady, with me. Ms. Healey. Ms. Hassan, with me. Good morning. Good morning. Thanks. You're going to see. All right. So, if you're folks ready to proceed. Yes, ma'am. All right. I don't say this for the attorneys who help us. But because the concrete prosecution has the burden, they go vats of defense enforcement, they're closing. And it's brave. You make the scene. Thank you very much, Your Honor. Thank you.

4:12May it be the Court? Yes. Council. Ladies and gentlemen. Your June 30, 2025 was the worst day. Thank you. Thank you. Kelsey Fitzsimmons. Thank you. Her whole world was closed. Her fiancee betrayed her. Her baby was being taken away. She was down to her house. Her job. It was an incredible confluence of tragedy that was visited upon her that day. That day, we could go up her. And she decided in the midst of what he saw testified to here. She decided to enter her life. Patrick Nune, when he came back up those stairs, we walked into a suicide and progress. That gun was nowhere near him.

5:14That gun was already pointed at Ms. Fitzsimmons Temple. By Ms. Fitzsimmons. She was a couple steps into the room. Officer Nune, a gun talker, highly trained, a swat guy, he'd already been chained up all afternoon by the insane ludicrous statements of Justin Elaine. He had that in his head, walked in, and like all of us are susceptible to human mistake. He shot too quick. He reacted too quickly. And instantly, he realized that he had to adjust the narrative. And that was easy to just add six words to the equation you're on. He said, works for the effect. She pointed the gun.

6:15Six words. What did those words do at that time period? Those words made him the victim. Those words made him the hero. And those words, most important, made him untouchable. Those words were a defense for his future, his life, his reputation. And they were conveyed to a very willing audience. Colleagues, brothers, just families, be investigators on the case. So that's really what happened here in your honor. And it is a tragedy. And it is something that should not result in any further harm to Mr. Tcent. This should be over. This should be unquiet as well. I want to talk to you about a few of the elements that I know you're going to be concerned about.

7:18So first thing I want to talk about is the lack of motive. And it's a lack of intent. It just when it gets down, it drags facts. You know, I know that you're going to look at the law. You're going to look at the credibility to our nations. And you're going to make a judgment. And here, this case fails. The Commonwealth ship founders on the rocks of lack of motive. I'm not going to do it. Let's talk about motive. Everything in life is a motive. And it's ironic that, you know, us lawyers always say, you don't need to prove motive. But you're really kind of doing it. It's not being element of crime. But motive is everything in this business wrong. Let's look at the motive. Reluctive motive. It similes. And unit, our college. They have already bonded over shared tragedies, shared experiences. They were okay with each other. They were friends. Kelsey thought well of him.

8:18And she thought well of her. She knows he has a family. She knows who his family is. She's not going to harm this guy. She knows your honor that he didn't do this to her. She knows that Justin O'Leigh did this to her. And she's probably roasted for it. She's been in those shoes before. Sergen was very important. She knows she's just a messenger. She knows he's just a messenger. This was the worst moment of her life. And she wanted to end her life. And how did she want to do it? She wanted to do it alone. She didn't want to involve these officers because she knew this was a selfish act. She came in here. And I run the most credible evidence that came into this case. Your honor was from the one person that didn't have to testify. And she came in here.

9:19And she chose to testify. And she raised her rights. And she testified. And she showed your honor that she's a moral person. She's a caring person. You will sit down and you'll deliberate. And you'll be drawn to any other voclusion that Kelsey Fittson is a moral person. You have to contrast that with the callous treatment of this case from the other side. Hey, we're going to go Sergen order on Kelsey Fittson and she perhaps can say, got an order on her. On Kelsey, let's go Sergen order. The answer sounds good. Let's go. Talks to his neighbor. Oh, yeah, I'm a shooter. I'm the shooter. She's a whack job. So you have to take these credibility determinations into account.

10:19And I know you're a gentleman. But you have to get down to grass, tax on food and sugar. What else shows you that she's a moral person? She doesn't want to involve these guys. She's trying to get rid of them. She says all the guns are over here. So she can go wherever they really are. She keeps trying to get Houston and the Union baby things to print downstairs. She's trying to get rid of them. She's trying to get them away from her. She wants to do this on her own. She doesn't want to have some sort of situation where she gets shot by one of her colleagues in front. It's understandable because she's a moral person. She waits for her chance. She gets to her room. There's a distraction downstairs. She doesn't know what's going on, because she's focused on the job she's trying to do here.

11:19The tragic awful thing that she's trying to do to her son. That's how you know she's telling the truth, Ron. You saw in the room and I'll show it to you in a minute. The chest that she got the gun from. That's a chest gun of floor. It has one of those pretty substantial lids that you have to flip out to get the gun, locate the gun, kick the gun out of a four guns, and stand up. If Newton was standing right there in the door frame, that would have never had all those events, that little series of events, he would have been able to stop it, which sucked it. It tells you that he's down in steps. He was interested in the distraction downstairs. He saw Kelsey folding some baby clothes, getting baby things right here. His attention to human nature. His attention was going to go back down in steps. He walked down the stairs to his three steps,

12:20four steps, whatever. And Kelsey told you, straight up, that was my chance. And she took it. And she went in the chest, zip 51 in her arms right now. She went in that chest, flipped up that lid, got the gun, stood up. She told it again. She's a moral person. She tried to keep the gun concealed. She made the motion like this here on her, but she put the gun like this, and she kind of walked over here. She didn't want the police to see her with the gun. She held the gun to her stomach there. She walked, she walked to a clear area, and she put the gun to her head. And that's what I mean when I say, oxygenator came back at the stairs, and loaded and walked into it. He didn't walk into some, some Rambo woman trying to shoot him in a face. He walked into Kelsey, who you now know, a little bit from her testimony.

13:20He walked into Kelsey's room, because he had a gun grenade, and he walked into the suicidal privacy. And the man that had just been holding her baby, that she chose to hold her baby, that she chose to feed her baby, walked into her suicidal privacy. Because there was nowhere near, there was no threat to need it. And the law sets that you may not, an officer may not use deadly force on someone, who is exhibiting danger only to themselves. And that's, that's awkward to your honor, too full, in the sense that it shows that, that this was not a reasonable use of force,

14:20and it shows you that, his knowledge of that statue, as it's said on a stand, gives him a motive to lie. He knows that this is not a good shoot. He knows this is not a clean shoot, and that gives him a motive, here you are. And let all of us, all make mistakes, he overreacted and shot, at the look on his face, panic, fluster, he shot. He had made a mistake by going, by leaving her there, walked down his steps, a few steps, and that gave her the chance. And when he did this, he knew immediately your honor, that he had to do just the moment. He felt her through the legal ledger, that tells us that, because they know it would be tense, she had no intent to harm me.

15:20There's no salt here, because she didn't have the intent to do so. As the facts found her, you can consider everything you said about the motive, that you lacked any motive to harm her. In fact, it is the opposite. She thought well of him. She knew Justin did this to her. She had just trusted him with the baby, and she had tried several times to get these oxas away from the situation. No intent to harm him, no motive, driving her mind set to do so. Reasonable doubt, burdened with your honor. When evidence supports a reasonable and more plausible alternative, and that's shown to me by Kelsey's testimony, we cannot be said that commonwealth is proven that case behind reasonable doubt. There's a reasonable doubt. When there are two plausible virgins of what happened,

16:22that could self is reasonable doubt. The virgins, the virgins, themselves, your honor, show reasonable doubt. Let's see, this version rings true. Munich's version is all over the place. Munich's version is contradicted by the strong consensus of everybody else in the house. Munich portrays a couple different stories, but if you want to pick one where it's this drawn out potential gun battle, where she's back pedaling, side stepping, tapping, wrapping, tapping, wrapping, there's commands going on, that takes time. It's time for me to say, never mind to do it. And that's, if you lie, I've got everything, everybody else in the house says, everyone else says, Kelsey, no, Kelsey, no, two shots of fits, it's such a damn bad. That does not, that does not fit with what,

17:22maybe it's that happened. So, on that alone, as a fact hunger, I suggest that your duty is accomplished quickly, because there are two extremely dead versions, versions of this event. And, Munich's version has changed itself. Munich's version is inconsistent with who you now know Kelsey is this person? It's self-serving. And, like I said, it makes him untouchable. And, when you judge it against everyone in the house, he's the only one in the Rambo store.

18:22Everyone else has what Kelsey says. He walks into a suicide in progress, he sees it, he reacts, Kelsey, no, Kelsey, no, Ben-Air, brainfruit, mistake, has to cover it up immediately. What else do you have, you know, when you're a fact hunger, you're learning about a corroboration. What's the corroboration on either side of a sin? Or lack of corroboration, which is what really is here. You know, the big one, the big elephant, is that this department has no buyer here. We wouldn't even be here, if they had buyer here. There's no evidence, other than people's words. He said first as she said. That's often times, almost all the time, not a good place to start from the commonwealth. How many of you guys didn't do reports?

19:23What's up with that? Having the truth was strong, but the buyer carried video on the witness, he's interviewed. There's no sight. The testimony of her owner, Alice in the house, Shadows is married. Kelsey Fitsinnis has been blessed. She should be dead, two times over. By her own hand, by her hand, opposite hand, or shot to death. She's blessed. She's here today, and she has to leave this somewhere.

20:24I mean, that's why the investigation is what it is. And maybe that's why I mean, the story is so sloppy, because nobody expected her to be here today. Let's help her too. If she is, if she is your owner, and has a backfinder on one, or so that they ask you to consider the evidence, consider the lack of motive, the lack of intent, the existence of use. The credibility contest is firmly in her care. She came in here, and she told you what happened. I'm far as true. And I ask you, far from lacking. Thank you very much. Thank you very much for being up here. I'll call myself. You live? Yes. Yes. Yes.

21:31Yes. Yes. Hi, Mei. Yes. Every piece of credible evidence in this case, who is one thing that she's guilty. Oh, testimony, the scientific evidence,

22:32the physical evidence, the demonstrated evidence. Everything points to one conclusion she is guilty. Even her own testimony, proves she's guilty. Because it's impossible to have happened the way she's said. It is scientifically, mechanically impossible, for it to happen the way she's said. Her story is that she found the gun, put it to her head, hold the trigger, and then put it. The chamber was empty. That's what your story is. That's what your new story is, too. Hold the trigger. Click. Nothing came out. It wasn't a ram in the chamber. She even said, she told everybody, I'll scoop that in. I tried to kill myself with an empty gun. Well, what do we know about the gun?

23:33What do we know about her gun? Because after she went to the floor, her lieutenant came, picked it up, put it on the bed. Officer Nunez, picked it up, and put it on the table. And then officer 4, you know what happened then? Officer Nunez said, secure that gun, make it safe. And so what did he do? He took the gun, he found that black box was safe. He made sure that was empty. He turned it over. He called out the magazine that you could see right here. He opened the chamber and there was a round of the chamber. He dumped it out into this safe and put the fire on. And then they spit water out there. He told the state trooper, one sorrow,

24:34took it. Took it back in the lab. That magazine that you have in evidence contained 16 rounds. It was a 17 round capacity gun. It contained 16 rounds. Plus the one that was in the chamber. 17 rounds. As we know, there are only two ways to get a bullet into the chamber. One is if there's already a bullet in the chamber. Someone pulls the trigger. Now, bullet comes out. In case he comes out, the chamber's open. The spring allows another bullet to come out. That's one way. And we know that didn't happen here. The gun didn't fire because the chamber didn't take it. The only way a bullet gets in this chamber, other than that way, is if someone racks the gun.

25:37She said she didn't rack the gun. But it was a bullet in the chamber. She did rack them. What did Officer Newton say? She called the trigger. Nothing happened. She stepped back, tapped racked, tried again, didn't do it. Tap racked again, pulled it. And that's when he fired. She put around in that chamber. That's the only way it got there. Her story can't be true. She got up on that stand, and she lied to you. It's scientifically and physically impossible for her story to have happened the way she said. That's what the evidence shows. But she didn't just lie to you then. She lied again.

26:37She lied at the scene about where the gun was going. And I'm not. And she admitted that. And I understand that, right? And she said she lied to the police because she decided to kill herself. But when did she say she said that? They had been to the house. They had talked to her, quoting to her. She now started contemplating all of the ramifications of what's going to happen to her. Because she's using her life, her job, her son is being taken away all of these things. And so she's going down over her head. And then minutes later, as she was brought in through the house, she says, my God, it's in the basement. Because that's the time she made the decision. To kill herself. Later on. And we know that's a lie. We know that's a lie. Because what was one of the first things that asked her when they went to that house?

27:37They asked her to put baby down and say, it's her to the baby. It was older, the restrained woman. What the parameters were. And asked her to put your thumbs up. When she was still sitting on the sofa. They were waiting to ask that question so she was already walking around the house. No way. And what did she say there? They're in the basement. And we know she said it there before she moved around the house, which is untrue. Because her friend, Dr. Thustin, who was invited to her wedding, says it also. He says, so I have a daily act. And then remember when he said, he said, I was in the living room. She was sitting down. And then I saw a gun case on the other sofa. And so I opened it up to see. And she said again, I already told you the guns are on the face. Now, why, at that point, did she say that? We don't know. She didn't tell us.

28:38Because she lied to us about why she said it later. Because we know she didn't say it later. So she lied again. You can't trust her. She also lied about knowing that her mom was in the house. She was upstairs. The officers knew me. I think it was. No one heard her. Hold her will his voice down there. And said, who is that? She says, I have no idea. She doesn't know her own mother's voice. Her best friend. That she just caught two to come to the house. And she said she didn't know whose voice it was. Another lie. She said, on the scene yesterday, that she didn't know Justin as a house. And we know that's a lie too. Because what happened when three of them were upstairs? It's Newton, the Justin, and it's the defendant. She hears him downstairs. Houston hears him downstairs. And she says, keep him away from me. I don't want him to my house or something to that effect.

29:38And that's when Houston went down to make sure he wasn't coming up and went to the basement. She knew he was in the house. She absolutely did. And she lied to you when she said she needed to test her death. And you know what else she might but? Something so simple that it sure is who she is. The restraining order. She said, the restraining order was taking my dog away. It says it. It doesn't say that. Nothing about the dog in there. I could go on over lies. But I want to talk about the credible evidence. The credible evidence in this case. When Lieutenant Daily got a call, actually part of this from Justin Lane, when he was in the lobby of the peaky. And Justin told him he got to an eye. And Detective Daily knew that she had the second report

30:42that she had found that they were taking the child away from her for a period of time. And so what did he do? He called my first officer, Houston. He asked Houston to call Daily to read out. And why did he say he did that? He said, because those two are cruel common gloves. They don't handle it. They keep things calm. That's what he said. And that's why he called Houston. He said to him, you call Daily, we got to do this. And so he wants you to believe, the best counsel, that had dreaming was a cavalier about, oh, okay. It sounds good. We have to serve her, sharing it over. But that's not what happened. He was mischaracterizing it. I hope you remember, in the brain, German evidence. Because Houston had called Pat and said, hey, we got a servant order. Can you meet me by the school?

31:42Pat said, sounds good. It wasn't until he got over there. It wasn't until Lieutenant Daily was there that they learned really what they were going to do. And they went over there. And defense counsel asked Daily, you guys have cavalier about it. You guys, or you knew her, worried about the guns, all this stuff. And Lieutenant Daily said, no. No. His hope was, we had an increased level of guilt killings. Everyone was more on points because they didn't know what they were walking to. They didn't know. They didn't know that she had been section before. They didn't know it was going to be a baby without them. They didn't know that she had a gun. They didn't know at that point that she had parked her car far away. This was all going to what they were thinking at that point.

32:45They didn't know all those things. And they didn't know Justin's concerns. He said, according to Lieutenant Daily, I'm worried that she's going to kill the baby, kill herself and kill someone else. So that's what they were thinking when they went into this house. That's the credible evidence when they went in there. And what do they do when they went in there? They sat her down. And they allowed her. Or maybe they asked her, I can't remember, to go around and get some stuff to the baby. But she knew Justin was coming to get the baby. And they were in her pocket the whole time. They followed her around the house at least two of them while she did that. And you know that because even Officer Houston said, I was in her pocket. We went into the kitchen and I noticed they were, put your box with knives on. With knives on. And they looked concerned. There was no chance they were thinking her wrong. No chance they were thinking her wrong.

33:45Officer Moon. Officer Moon. Officer Moon. All of the testimony that you heard about Officer Moon. Even from a defendant. He's a gentleman. He's experienced. He is by the book in just training and experience starting in the military. In food camp. Through security forces school. Security forces squadrons. With all the training he had. And from these helicopters. And the SWAT team. Two times a month training. Clearing rooms. Clearing building. Pusted situations. Missing persons. Shoot no shoot scenarios.

34:45Twice a month. And a 40 hour walk every year. Over a decade you did that. And you moved to Lawrence. As far as the department goes. Because it was busy. And you had my experience. He was who. And no doubt about that. And to say when they're upstairs. And he walks away and leaves her alone. Because he heard a commotion. Dad. Officer Houston was going to attend to. Is a joke. It really is. Now how do you know they were going by the book at that one? And how do you know they were villages. Because they followed around everywhere. Because both Houston. And. And officer needed. So you kept handing us things. And we kept putting them down. We wanted our hands free.

35:46Because they were ready for whatever happens. Hopefully you have to get ready for whatever happens. So at some point. Houston. And. Newman are upstairs. And the penny goes into her room. And she hears Justin. And Houston goes down to keep the keys for me. Sure. He's there. And officer. Newman is watching for. He's watching. And she's on one minute. And she lunges. And she disappeared. And she emerges with this. When you get him, like she is trained to do. Click. Add this face. And what does he see next? He draws his weapon. And he says this testimony. It kind of slowed down. The whole thing took maybe four seconds,

36:46even three and a half seconds. His training has kicked it. His experience has kicked it. It was a surprise for him. Certainly. Because she got dropped on him. And why did she do this? Who knows? Maybe he's right. Maybe he. She was going through him to get to Justin. Maybe she was just so upset she was going to shoot everybody in front of her. Maybe she wanted him to shoot her. We don't know because she lied about him. We don't know. But the fact is, she started to shoot. She started to travel. And she lunges for the dunk. And he couldn't see. And what happened after she flipped? She stepped back. And now he knows, based on his training experience and the click. There is not around in the chamber. He knows that. And so he doesn't shoot.

37:46According to the feminist testimony, he had everything right to shoot at that point. And you know what? He actually did. He had a right to shoot her at that point. If you put your gun at a car and pulled the trigger, they would shoot. But he didn't. Because he was controlled. That's the way his career went. And so she steps back, pat, pat, and tries to do it. He doesn't shoot at that. And what's he doing at this point? Kelsey, no. Kelsey, no. Because he knows that threat isn't there, really. Because there still wasn't one in the chamber. Kelsey, no. Kelsey, no. He is being disciplined. Like we wish every police officer, every law enforcement agent in this country was. He should be applauded for his actions on that day.

38:49Cap rat again. Now we know someone's in the chamber. Threats on him. She starts to raise it and he shoots. He shoots twice. To stop the threat. He stopped shooting when the threat was neutral. During this process, he said, well, he would unload it or not. He goes, no. That's not what you do. He shoots until the threat is neutral. She was now down on the ground. But his training experience is still taking over at this point. Because what does it do? He still has his gun on him. Because the gun's still there. He can't see it. So it comes in. And then it comes up. What does the officer Houston say that he sees when he comes up? He sees when he comes up. That the officer knew me standing there with the gun low and red. His training is still taking place.

39:50He's still doing what he was training to do. The gun was put on the bed. He's calm and collected. He takes the gun and moves it away so people are safe. He's deliberate in those actions. When it's away from her, he starts to tend her. Officer Gore comes in and orders. Well, he asks Officer Gore to make the gun safe. He's cool, calm, and collected. That's a completely expected and that's what he was. He didn't make the mistake. That's what the credible evidence shows. And what did he say to officer Houston after it? And this just goes state of mind. I know. That she pointed at me. And it clicked. And she tried to drag him up. And immediately after this wasn't him saving his hide or protecting himself.

40:52Seconds after this happened. That's what he said. Every piece of credible evidence points to the instakable fact that she is here. Every piece of physical evidence, scientific evidence, botanical evidence. Every piece of testimony from daily to Houston, to poor, to even. Larring me to the mother. Even the defendant corroborates what what officer movements that is. Every piece. I don't know how it suggests him. There is only one fair and just verdict in this case. And that is going to be. Thank you. Thank you. Millie Brooks, I got it. Yeah. I'd like to ask council. Anybody outside of our floor? Yeah.

41:52Why are you still returning a council attorney to council table? Yeah. I'm just going to. I want. So we went to sidebar for two reasons. One was Mr. Brado has a series of objections that he'd like to lodge about the Commonwealth's closing, which I'm going to give you an opportunity to do an open court with the Commonwealth on an open court responding. And also I went over the schedule. So as I told council. My intention is to take as long of a period of time as I need to reach a verdict. Provide the court staff and council with 30 minutes notice. And. Announce, come out and announce my verdict. Some of my reasoning here in public. And whatever time that works, in other words, if it's during our traditional lunch break

42:54so be it. You folks will have a half hour notice, which means that you'll be able to go and have coffee or lunch or whatever as long as you can get back here. All right. So that's how we've worked that out. And we also discussed at sidebar the fact that for in a jury trial, we never provide the jurors with ammunition and a firearm, even with the trigger on trigger block at the same time. So my intention is, is that Mr. Ruin, our assistant clerk will keep possession of the ammunition and the firearm will come back, who changes with me, along with the other exhibits. When and if I need the ammunition, go be switched out. All right. Okay. I globally have I discussed what have I said and open what we discussed.

43:55But all right. So Mr. Ruin. Bratel, I'll hear you on the objections. So Judge, traditionally we do this at sidebar, but as you mentioned, we don't have a fact finder here that we need to talk off to the side too. So in open court, I'm happy to do this. I'll go back over it. I said at sidebar your honor. Judge, the first objections I have to Council's closing argument center on ballistic issues. The first part is that Council picked up the gun and used it three times. Prior to that, Council provided what I would consider the expert testimony on the operation of the gun. I think it exceeded the scope of what Detective Bonasaro talked about. He said that it had to be a scientific certainty that this gun was racked by Kelsey Fitzsimmons. It mischaracterizes the defense position that we're not saying necessarily that it didn't happen.

44:57We said that Kelsey Fitzsimmons didn't rack the firearm. And we have a completely different version of events. So no one's saying that it didn't happen. We're saying that Kelsey didn't do it. And to characterize it like, you know, that it had to be racked by Kelsey Fitzsimmons is not fair argument and it mischaracterizes the state of the evidence. The second objection relative to ballistics, your honor, is that Council was acting out. I believe it was the second time he picked up the firearm. Council was acting out on Newton's story that Ms. Fitzsimmons had accessed the firearm from the chest and picked it up to point it at Newton's face. And on Newton's testimony, she just pulled the trigger and it clicked. Council acting it out prior to pulling the trigger, Council racked the firearm and then pulled the trigger.

46:03And that's not what happened on even Newton's testimony. I'm happy to allow you to make a record, but the fact that there's two different versions of what folks testified about is fair game. What the issue right now is whether the Commonwealth argued items that were not in evidence or drew attempted to draw inferences from items that were not in evidence. So the disagreement about the racking is just not performing. Well, that's why I bring it up, though, just because this racking issue has been brought up to the forefront and he did something that is not part of the evidence. No one says that she racked the gun before the first shot and that's what he did when he acted it out. So that's why it's a mischaracterization. That's not what Mr. Gubitosi did, though.

47:05Before he fired a second shot, he did it the second time you're on. I'm having trouble understanding again. The testimony you have to do it accurately. I'm going to say this in open court and it won't be the last time I say it. That officer noon in exercised reasonable use of deadly forces not before me. That does not might disagree with you. I agree with you. And I say it. And hold on. And whether the North and over police department followed procedure in executing serving this restraining order is not performing. Child custody is not performing. All right, visitation is not performing. What's before me is, has the Commonwealth proved beyond a reasonable doubt that the defendant pointed that firearm for any perceptible amount of time at officer noon? Okay, so all of this is just not helpful.

48:05I offer an credibility though you're wrong. Also, the Commonwealth said that, and the scene, Mr. Smith Simmons didn't say part of her story there, so therefore she's making it up. And whenever the Commonwealth tries to argue that somebody, a defendant, didn't say something. That's a very dangerous ground for the Commonwealth, Your Honor, that defendant is under no burden whatsoever to say anything, Your Honor. And here to suggest that she's lying because she didn't say part of her story when she's shot in the chest at the scene is unfair argument. But it also violates her right to remain silent. And it's an intrusion on that, so I would object to that as she not to consider that you're wrong. Okay, except that Mr. Brato, she waved her right to remain silent, right? She testified. So at the scene. Isn't it fair game for the Commonwealth to discuss the testimony that your client offered?

49:10The testimony, yes, but he's saying that at the scene she didn't say XYZ when she didn't have to say XYZ at the scene. The Commonwealth can only argue that when a defendant makes a comprehensive statement and leaves something out of it. You can't say that she, especially in her condition, that she didn't say something and therefore she's a liar. She's a right to not say anything. So that's my point on that, Judge. And then the last two more issues, judges, that there was a mischaracterization of the evidence where council stated that just in a lane told the officers in the lobby of the police station that Kelsey will kill someone else. He added that to the statement that you might recall that he said he wouldn't be surprised if she didn't kill the baby right in front of them. That was the statement. He added in that she would kill someone else, which in this case is a very dangerous mischaracterization that she, he's describing an intent to my client that she wanted to kill someone else, which didn't happen that was not the statement.

50:23So that's a very important, very dangerous, very unfair, very prejudicial misrepresentation of what was attributed to just in a lane in the lobby. She never said anything about killing someone else. Even he didn't say that she said that, so that I ask you to strike that and not consider it. And the last thing, Judge, about lying about the dog on the restraining order that trying to take her dog, and it is in the complaint to the restraining order by just in a lane. I know he's trying to do your second closing, but the evidence is what the evidence is. Yeah, but Judge, you can't say, when you have the discovery on the point, you can't say that something is a lie when you have the papers that show it's not a lie. And the box was checked in the complaint to get her dog. So that's a mischaracterization of the evidence that needs to be corrected, and that's my last point.

51:25Thank you. So, Commonwealth, from my perspective, with all due respect to Mr. Brado, who's done a terrific job advocating for his client, I view that as nothing more than a rebuttal to the Commonwealth's closing. So I'll give you a few minutes to rebut these things. Let me say this, though. I don't believe that there was any evidence before me that mis evidence, that Ms. Fitzsimmons was sectioned previously. I think that the way I view the evidence is that this is what the police believed. It was part of their state of mind in serving it, but I'm at a loss, frankly, that. In other words, what I'm saying, Mr. Brado, is out of all the items that you argued about the Commonwealth, I'm purportedly arguing something not in evidence. This sectioning, alleged sectioning that happened prior to this.

52:25There's no evidence of that before me. There's mention of it, and it goes to the office of state of mind. And that's all that, in fairness, that's all that you argued, Mr. Brado. I guess what I was getting at is that there was anything at all that came close. That would have been it, but Mr. Gubitosi, I'll give you a few minutes for your rebuttal to the rebuttal. I don't believe that. I trust you have sifted through what's relevant, what's not relevant. The evidence is what the evidence is. Closings are not evidence. I would suggest to you that, I guess I do need to hear that. That I argue the evidence that came from the witness stand and from the exhibits to Rubanisaro absolutely described the ways that fire around works and how a round gets into the chamber. And I limited my explanation of that to what he described in the life.

53:31I don't need to make it like I'm told so thank you. All right, so at this point, I said that I was going to step off for the gathering of the evidence. Let me not do that. I'd like the council to just make sure that all the evidence exhibits are in order. Go look at the content on both sides. If you folks can take a look at the verdict form as well. I don't know if you already have. It's not complicated. Mr. Braille, have you seen the verdict form? No. All right. So, what do you have now? Option. You may. Thank you. Thank you. A.D. Gubitosi, I may have the call. It's the call. It's the type of the exhibits. Yes. Attorney Braille on behalf of the defendant. Is the defendant content of the exhibits?

54:31Yes. And that would be for both of you exhibits number one through 98. All right. Correct. Yes. Place the chalk notes. Yes. And jury instruction. Thank you. 98. I thought we had. No. What words are 100 exhibits? No, 98. Okay. I'm sorry. Okay. Thank you. All right. So, in Mr. Braille, I picked up the execs as in a jury trial for you. We're up to something. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. I thank you again.

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